Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JUNE 9, 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/209048781 You can also dial in using your phone. United States: +1 (872) 240-3412 Access Code: 209-048-781 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/209048781 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 the Proposed Monopole in Pelham Manor 9. Resolution Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for Solid Waste and Recyclables Disposal for Refuse District # 1 10. Resolution Authorizing Amendment No. 1 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC 11. Other Business Recurring Items 12. Authorizing Budget Amendments and Transfers for Fiscal Year 2020-21 13. Authorizing Accounts Payable 14. Authorizing Minutes of: 15. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, June 23, 2020 Tuesday, July 14, 2020 (Summer Schedule) Board of Trustees Regular Meeting 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 7:35 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 thanked the first-responders for the seven o’clock parade and said it really was a highlight for him. Trustee Greco had nothing to report. Trustee Hill-Ries suggested that residents check in with businesses, as restaurants are opening. She noted the importance of wearing masks in public. Trustee Kamal Eldahry mentioned a meeting she and Mayor Mullen attended hosted by Michelle Sterling and Ron Schulhof of the Village of Scarsdale’s Food Scrap Recycling/Composting Program. They discussed options the Village of Pelham may have, pricing and Westchester County’s DEF Food Scrap Delivery and Transportation Program, which is planned to commence this fall. Trustee Potocki gave an update on the Village’s 2020 Census reporting and said we still trail our 2010 numbers- he encouraged everyone to complete it as it related to funding for our community and the Mid-Hudson Region. He also commended Police Chief, Jason Pallett for sharing a message from Westchester County’s Chiefs of Police Association President, Chris McNerney which is fully supported by the Village of Pelham Police Department regarding the death of George Floyd. He also thanked residents for cheering on the first responders and to remember they are the same people they were before the unfortunate death of George Floyd. Lastly, Trustee Potocki mentioned an upcoming mask give away which will be posted on the Village’s website. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Trustee Spira-Cohen invited Dan Welsh, Program Director of Westchester Power, the supplier for Constellation NewEnergy, Inc. to attend the next Board of Trustees Regular Meeting on June 23 rd. She also applauded Police Chief, Jason Pallett for putting out a statement from the Pelham Police Department and sharing the message from Westchester County’s Chiefs of Police Association President, Chris McNerney. After receiving an email from Dan Welsh, Program Director of Westchester Power, the Village board was notified that the supplier Constellation NewEnergy, Inc., has provided refunds on their utility bills to affected Village residents (due to erroneous billing) and Westchester Power helped secure a donation from Constellation New Energy to a nonprofit organization designated by the municipality from Constellation NewEnergy. The Board of Trustees chose to give the donation of $500.00 to EcoPel. Village Administrator’s Report Village Administrator Small mentioned the kickoff meeting for the Lincoln Avenue Bridge Project he attended the week prior and shared the preliminary start date of late June/early July. He also said there will be a pre-construction survey sent to residents and businesses within a certain range of the Project. There will be a person designated to public relations the Village will work with to keep our residents up to speed with the Project including the erection of a temporary bridge. Village Administrator Small also said Village Clerk, Terri Rouke is beginning to distribute Sidewalk Café Permits along with informational packets to businesses which include the local permit procedures, New York State Department of Health Guidelines including social distancing and information on New York State Liquor Authority information. Lastly, he said he will create a report highlighting the priorities of the Lincoln Avenue Walking Assessment from November 2019 including the synchronization of the lights on Lincoln Avenue, striping and ADA compliance. Mayor’s Report Mayor Mullen said that on June 27th, Pelham Memorial High School will host its graduation ceremony. He also followed-up on Trustee Kamal Eldahry’s briefing on the food scrap discussion by suggesting we reach out to the Town of Pelham and the Village of Pelham Manor to see if they’re interested in participating. Mayor Mullen thanked Village Clerk, Terri Rouke and other staff for creating the Village of Pelham Local Emergency Proclamation and Local Emergency Order No.1. Lastly, Mayor Mullen addressed the George Floyd incident by noting people’s perspectives are their personal truths, and to be considerate of differing views. He reminded residents that in 2019, New York State began requiring municipalities to comply with a model set of guidelines around the use of forces which we abide by and require annual retraining on those regulations. He also mentioned two initiatives the County of Westchester is sponsoring which are a working group around training policies and procedures and hiring and a community-based initiative which will be hosted by the Human Rights Commission which will be more of a forum for police officers, community groups and local officials. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Item # 7 – Public Comments There were no public comments. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Non-Recurring Items Item # 8 – Discussion on the Proposed Monopole in Pelham Manor The Board of Trustees discussed the proposed monopole development in Pelham Manor. After conversing, the Board of Trustees decided to research all options before submitting a letter of support to the Village of Pelham Manor. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Item #9 – Resolution Authorizing an Inter-Municipal Agreement Between the County of Westchester and the Village of Pelham for Solid Waste and Recyclables Refuse for Disposal District No. 1 Resolution Authorizing an Inter-Municipal Agreement Between the County of Westchester and the Village of Pelham for Solid Waste and Recyclables Refuse for Disposal District No. 1 Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the renewal of an Inter-Municipal Agreement between the Village of Pelham and Westchester County for the Disposal of Solid Waste and Recyclables, per the agreement provided for by Westchester County (attached hereto and made a part hereof); and Be it further resolved, that the Mayor and the Village Administrator are authorized to sign this agreement and to take the necessary and appropriate actions to effect this agreement. Vote Record - Item #9 - Resolution Authorizing an Inter-Municipal Agreement between the County of Westchester and the Village of Pelham for Solid Waste and Recyclables Disposal for Refuse District # 1 Village of Pelham Board of Trustees Regular Meeting Tuesday, June 9, 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 Board of Trustees discussed recycling and garbage tipping fees. Mayor Mullen mentioned a tour of Oak Ridge Hauling, LLC’s facility, perhaps including members of the Sustainability Advisory Board, to learn more about differences between recyclables and non-recyclables. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Item # 10 – 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 ("Contract") to Oak Ridge Hauling, LLC ("Oak Ridge"); and Whereas, the Contract provision for collection of Rear Yard Residential Garbage, Organic/Yard Waste, and Trash (Bulk), and for Recycling is approximately $95,831 per month for year one of the Contract and $98,707 for year two of the Contract; and Whereas, the Village has been subject to the impacts of COVID-19 since awarding the Contract to Oak Ridge; and among those impacts are loss of revenues and investments and threats to health and life; and Whereas, the Village has been seeking cost savings from its staff and vendors in recognition of the COVID-19 pandemic and its impacts; and Whereas, the Village has negotiated revisions to its Contract with Oak Ridge which will: (1) Reduce the Village's payments to Oak Ridge by the amounts of: (a) $2,475 per month for reduction of Trash (Bulk) collection from once every other week to once per month; (b) $2,145 per month for reduction of Organic/Yard Waste collection from once per week to once per week for the months of May, June, July, August, September, and October; (c) $15,500 per month for reduction of Rear Yard Residential Garbage collection from two times per week to one time per week; (2) Extend the Contract for one year as described in the Contract; and Whereas, the Contract revisions will result in savings of approximately $20,120 per month; and Whereas, the Contract revisions will be temporary and the Village may terminate any or all of the Trash (Bulk) collection, the Organic/Yard Waste collection, or the Rear Yard Residential Garbage collection revisions on 30 days prior written notice to Oak Ridge, and upon such termination, the price and collection schedule of the Contract will be reinstated; and, Whereas, the Contract revisions will not affect Recycling collection which remains unchanged at once per week; and Whereas, because of the COVID-19 pandemic, reduction of Village expenses by revision of the Contract cannot await competitive bidding; Board of Trustees Regular Meeting Tuesday, June 9, 2020 Now, therefore, be it resolved, that the COVID-19 pandemic is an unforeseen public emergency that affects Village revenue and the life, health, safety, and revenue and investments of Village residents; and be it further Now, therefore, be it resolved, that revision of the Contract cannot await competitive bidding. Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute 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 # 10 - 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, June 9, 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 Board of Trustees tabled this resolution at 8:40 PM and went into Executive Session at 9:05 PM to discuss ongoing litigation. The Board of Trustees resumed the regular meeting at 9:30 PM to vote on this resolution. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Item # 11 – Other Business Deputy Mayor Potocki announced the sad news of Tom Imperatos’ passing. He said he was an integral part of community organizations including Pelham Civics Association and the Board of Education. Trustee Hill-Ries mentioned the progress on the Highbrook Highline including plantings by volunteers. She also said the volunteers are seeking reimbursement for plantings. The Board of Trustees discussed this and said they would have to chat offline to determine the reimbursement allowance. After receiving an email from Dan Welsh, Program Director of Westchester Power, the supplier for Constellation NewEnergy, Inc., has secured a donation to a nonprofit organization designated by the municipality. The Board of Trustees chose to give the donation of $500.00 to EcoPel. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Item # 11A – Resolution Granting an Extension of Site Plan Approval for 139 Fifth Avenue Resolution Granting an Extension of Site Plan Approval for 139 Fifth Avenue Whereas, on February 11, 2020 the Village of Pelham Board of Trustees granted Site Plan Approval to Pelham RE, LLC (the “Applicant”) for a proposed project at 139 Fifth Avenue (the “Property”); and Whereas, said Site Plan approval is set to expire if the Applicant fails to obtain a building permit within 120 days of the approval resolution, unless the Village Board of Trustees extends, by resolution, the time within which to do so; and Whereas, the Village Board of Trustees is authorized, pursuant to §79-7 of the Pelham Village Code, to extend the validity of the Site Plan Approval by not more than two consecutive 120-day periods from the date of the original approval; and Whereas, on June 9, 2020, the Village Board of Trustees received a request from the Applicant for its first 120-day extension of the time in which they must obtain a building permit. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby grants a 120-day extension of the Site Plan Approval, such that the Applicant must now obtain a building permit by no later than October 8, 2020. Vote Record - Item #11A - Resolution Granting an Extension of Site Plan Approval for 139 Fifth Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, June 9, 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 Board of Trustees discussed the extension including the tightness of our current timeline. Additionally, given the circumstances, developers are having an even tougher time as COVID-19 has taken time away from them. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Item # 12 – Authorizing Budget Amendments and Transfers for Fiscal Year 2020-21 Resolution Authorizing Budget Amendments & Transfers for Fiscal Year 2020-21 Whereas, pursuant to the provisions of §5-520 of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Assistant Village Administrator/Village Treasurer to modify the 2020-21 Budget by making the following budget transfers and amendments (attached hereto and made part hereof). Vote Record - Item # 12 - Resolution Authorizing Budget Amendments & Transfers for Fiscal Year 2020-21 Village of Pelham Board of Trustees Regular Meeting Tuesday, June 9, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The Board of Trustees discussed the difficulties developers are facing given the current state of our economy made worse by COVID-19. A discussion was held regarding our already tight timeline and if there is a situation wherein multiple months are lost where a development cannot advance, progress becomes even tougher. Board of Trustees Regular Meeting Tuesday, June 9, 2020 Recurring Items Item # 13 - Authorizing the Accounts Payable Mayor Mullen 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 $811,470.01 Grand Total $811,470.01 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 9, 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, June 9, 2020 Item # 14 - Authorizing Minutes of: There were no minutes to approved of at this time. Item # 15 – Adjournment to Executive Session Vote Record - Item # 15 - Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, June 9, 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 Board of Trustees went into Executive Session at 9:05 PM to discuss a personnel matter and legal matters. The Board of Trustees came out of Executive Session at 9:30 PM to vote on item #10. The motion was made by Trustee Carpenter and seconded by Trustee Greco to return to the regular meeting. Respectfully submitted, Cara R. Farrell, Secretary to the Village Administrator