Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 22, 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/270079173 You can also dial in using your phone. United States: +1 (872) 240-3212 Access Code: 270-079-173 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. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham 9. Resolution Adopting Local Law No. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham 10. Resolution Calling for a Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC 11. Resolution Renewing Cyber Liability Insurance 12. Resolution Authorizing License & Service Agreement with CivicPlus LLC 13. Discussion on Draft Local Law to Establish a Municipal Arts Council 14. Other Business Recurring Items 15. Authorizing Budget Amendments and Transfers for Fiscal Year 2020-21 16. Authorizing Accounts Payable 17. Authorizing Minutes of: 18. Adjournment Next Regularly Scheduled BoT Meetings: Tuesday, October 13, 2020 Tuesday, October 27, 2020 All meetings start at 7:30 PM unless otherwise noted. Board of Trustees Regular Meeting Tuesday, September 22, 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 thanked high schoolers for decorating the sidewalks in front of the elementary schools for their first day of school. Trustee Greco was absent. Trustee Hill-Ries mentioned the Pelham Market, which is host to local vendors located at the former Capital One Site kitty-corner to the Pelham Arts Center on Sundays between 9:30 AM and 1:30 PM through October. Trustee Kamal Eldahry was absent. Trustee Potocki reminded people to be thankful to municipal staff for keeping the Village moving throughout this pandemic, to complete the 2020 Census and to be neighborly. Trustee Spira-Cohen had nothing to report. Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 5 - Village Administrator’s Report: Village Administrator Small said Con Edison’s Transformer Replacement Project is complete. He also said Village Employees will be completing our version of New York State’s mandated Model Sexual Harassment Policy in the coming weeks. Lastly, he shared that Village Treasurer and Assistant to the Village Administrator are completing a virtual New York Conference of Mayors (NYCOM) Fall Training School this week. Item # 6 - Mayor’s Report Mayor Mullen said there is only one active case of COVID-19 in our community. He also said he’s drafting a letter for Governor Cuomo regarding the timeliness of reopening independent theaters (Pelham Picture House). He also said Pelham House partnered with The Hudson Company, of NYC as they figure out the new economic terrain in terms of development and that by the end of October, the project can get moving. Mayor Mullen received a letter from the County Executive George Latimer regarding the model zoning ordinance for affordable housing which he forwarded to the Chairperson of the Planning Board for review and advice on potential adoption down the road. Lastly, he said today is National Voter Registration Day and the last day to register for the upcoming 2020 US Presidential Election is October 9. Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 7 - Public Comments Highschool students, Jamie Burke and Nevan Malwana presented the idea of installing a plaque honoring Michael Schwerner on the corner of Fifth Avenue and Harmon Avenue (Michael Schwerner Way). Trustee Carpenter suggested the project wait for the formalization of the Pelham Arts Council. Board of Trustees Regular Meeting Tuesday, September 22, 2020 Non-Recurring Items Item # 8 - Public Hearing on Local Law No. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham Emergency Regulations for Outdoor Business Areas for Food Service Establishments, Personal Care Establishments, Recreational Establishments and Retail Establishments. VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING The Board of Trustees of the Village of Pelham will hold a public hearing at the regular meeting of the Board of Trustees at 7:30 p.m. on Tuesday, September 22, 2020 in Village Hall, 195 Sparks Avenue, Pelham, New York, on a proposed local law that, if adopted, would amend the code of the Village of Pelham as follows: Proposed Local Law No. 3 of 2020 to create Chapter 75A of the Code of the Village of Pelham concerning the creation and expansion of outdoor business areas for use by food service establishments, personal care establishments, recreational establishments and retail establishments during the COVID19 Pandemic. A copy of the proposed Local Law is on file in the office of the Village Clerk and may be viewed during normal business hours of 8:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By order of the Mayor and Village Board of Trustees. Terri Rouke, Village Clerk Publication Date: September 11, 2020 Vote Record - Item # 8a – Opening the Public Hearing on Local Law No. 3 of 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ The public hearing was opened at 8:15 PM and closed at 8:16 PM. There were no public comments. Vote Record - Item # 8b - Closing the Public Hearing on Local Law No. 3 of 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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, September 22, 2020 Item # 9 - Resolution Adopting Local Law No. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham Emergency Regulations for Outdoor Business Areas for Food Service Establishments, Personal Care Establishments, Recreational Establishments and Retail Establishments. Resolution Adopting Local Law No. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham Emergency Regulations for Outdoor Business Areas for Food Service Establishments, Personal Care Establishments, Recreational Establishments and Retail Establishments. Whereas, on January 30, 2020, the World Health Organization designated the novel coronavirus, COVID-19, outbreak as a Public Health Emergency of International Concern; and Whereas, on January 31, 2020, the United States Health and Human Services Secretary declared a public health emergency for the entire United States to aid the national healthcare community in responding to COVID-19; and Whereas, on March 7, 2020, pursuant to Section 28 of Article 2-B of the Executive Law, Governor Cuomo issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York. Thereafter, numerous additional Executive Orders were issued which prohibited in-person gatherings and prohibited non-essential construction work; and Whereas, that concerning the creation and expansion of outdoor business areas for use by food service establishments, personal care establishments, recreational establishments and retail establishments during the COVID19 Pandemic, the Village Board of Trustees of the Village of Pelham hereby held a public hearing with the objective of adopting Local Law No. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham: Emergency Regulations for Outdoor Business Areas for Food 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 September 22, 2020 at or about 7:30 p.m. at a virtual meeting, https://global.gotomeeting.com/join/270079173 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. 3 of 2020 of the Village of Pelham to create Chapter 75A of the Code of the Village of Pelham concerning the creation and expansion of outdoor business areas for use by food service establishments, personal care establishments, recreational establishments and retail establishments during the COVID19 Pandemic. 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Board of Trustees Regular Meeting Tuesday, September 22, 2020 Vote Record - Item # 9 - Resolution Adopting Local Law No. 3 of 2020 to Create Chapter 75A of the Code of the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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, September 22, 2020 Item # 10 - Resolution Calling for a Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC Resolution Calling for a Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC Whereas, on September 13, 2019, the applicant: 48 Pelham Property LLC submitted a Site Plan Application to the Building Inspector; and Whereas, on October 22, 2019, the Board of Trustees of the Village of Pelham discussed the 48 First Street Site Plan Application and referred the applicant to the Planning Board and Architecture Review Board; and Whereas, on November 18, 2019 and on December 17, 2019, the applicant was before the Village of Pelham Planning Board; and Whereas, on January 15, 2020 and on September 9, 2020, the applicant was before the Village of Pelham Architectural Review Board. Now therefore be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, October 13, 2020 at 7:30 p.m. or soon thereafter at a virtual meeting to consider the Amended Site Plan Application of Applicant, 48 Pelham Property LLC for 48 First Street. Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing pursuant to Village Law. Vote Record - Item # 10 - Resolution Calling for a Public Hearing on the Site Plan Application of the Applicant: 48 Pelham Property LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ Steve Wrabel, of the law firm McCullough, Goldberger & Stoudt, building owners, Mark Lehman and Wolfe Lukraf and Project Architect Michael Mastogiacomo answered questions regarding the proposed project. Board of Trustees Regular Meeting Tuesday, September 22, 2020 PUBLIC HEARING NOTICE VILLAGE OF PELHAM PLEASE TAKE NOTICE that the Board of Trustees of the Village of Pelham has scheduled a public hearing for Tuesday evening, 7:30 p.m., October 13, 2020, virtually on GoToMeeting: https://global.gotomeeting.com/join/270079173 You can also dial in using your phone. United States: +1 (872) 240-3212 Access Code: 270-079-173 48 Pelham Property LLC, as applicant, has applied for Site Plan Approval under the Business District Floating Zone for a proposed eight (8) residential units, for a property located at 48 First Street. The property is known on the Village of Pelham Tax Map as Sheet 163.43, Block 1, Lot 7, and is located in the Business-1 district. All information pertaining to this matter is available at the Building Department in Village Hall. For more information contact Joseph C. Senerchia, Building Inspector, (738-2258). Any person interested or affected will be given an opportunity to be heard. By order of the Mayor and Village Board of Trustees. Terri Rouke, Village Clerk Dated: October 13, 2020 Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 11 - Resolution Renewing Cyber Liability Insurance Resolution Renewing Cyber Liability Insurance Whereas, on September 24, 2019 the Village of Pelham awarded Municipal Cyber Liability Insurance to Beazley Insurance. Now, therefore, be it resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute the renewal of said contract for these services in an amount not to exceed $4,550.00. Vote Record - Item # 11 - Resolution Renewing Cyber Liability Insurance Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 12 - Resolution Authorizing License & Service Agreement with CivicPlus LLC Resolution Authorizing License & Service Agreement with CivicPlus LLC Whereas, CivicPlus was selected to be the primary website service provider for the Village of Pelham; and Whereas, the Village of Pelham is currently under contract with CivicPlus, as an assignee of all Virtual Towns and Schools (dba Virtual Town Hall Holdings, LLC) customer contracts, for the website hosting services as set forth in the original License and Service Agreement signed on April 17, 2015; and Whereas, the Village as the client will retain ownership of the URL www.pelhamgov.com; and Whereas, the Village of Pelham and CivicPlus wish to renew the License and Services terms of the Agreement as set forth in Agreement, herein attached. Now, therefore, be it resolved, that the Mayor is hereby authorized to execute the License and Service Agreement renewal with CivicPlus for a one-year term beginning October 2020 in the amount of $2,887.50. Vote Record - Item # 12 - Resolution Renewing CivicPlus Annual Service Agreements Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 13 - Discussion on Draft Local Law to Establish a Municipal Arts Council Trustee Carpenter continued the discussion on a Local Law to Establish a Municipal Arts Council. Significant changes to the last draft include Board approval required for the Council's guidelines and procedures, and a strengthening of the Village's reservation of rights. Solange Hanson of 513 5th Avenue stated that the council should consist of more than 1/2 of its members from Pelham and should include teachers, students, and a diversity of membership from individuals not already serving the Village. Deborah Lowery Knapp of 159 Corilies Avenue agreed that 50% of membership from Pelham is too low and the law should include the concept of "stakeholders.” She also felt that the concept of copyright should be included in the law and that standards for the community should be reflected. Paula Wood of 62 Clifford Avenue asked about funding and ways to raise money to support the arts. Trustee Carpenter will work on an updated draft for next meeting.  Draft 9/18/2020 LOCAL LAW NO. ____ OF 2020 VILLAGE BOARD OF TRUSTEES VILLAGE OF PELHAM LOCAL LAW TO CREATE CHAPTER 77A OF THE CODE OF THE VILLAGE OF PELHAM A LOCAL LAW to create Chapter 77A of the Code of the Village of Pelham concerning the creation of the Village of Pelham Council on the Arts. Section 1. Chapter 77A of the Code of the Village of Pelham entitled “Village of Pelham Council on the Arts” is hereby created as follows: § 77A-1 Purpose and intent. A. Public art, in both physical and digital form, has enabled people in all societies to understand better their communities and individual lives. B. Established forums for public expression serve as drivers of economic and social sustainability. C. The Village therefore wishes to expand the public experience with visual art by creating a public artwork program to be administered by the Village of Pelham Council on the Arts that: (i) encourages the direct commission of artwork for municipally supported projects; (ii) engages the individual and collective imagination of artists who create artwork for public consumption; and (iii) drives interest in the Village’s downtown. D. The Village intends that: 1. The public artwork program shall encompass the broadest possible range and variety of expression, media, and materials; and 2. The selections of artists and artwork shall reflect a standard of excellence and the cultural and ethnic diversity of the Village. § 77A-2 Definitions. As used in this chapter, the following terms shall have the meanings indicated: ARTS COUNCIL shall mean the Village of Pelham Council on the Arts. -1- § 77A-3 Creation; composition; membership; terms. A. The Arts Council is hereby created and established, and shall consist of no less than five (5) members and no more than seven (7) members. B. The members of the Arts Council shall be appointed by the Mayor with the approval of the Village Board. C. At least one-half of all members of the Arts Council sitting at any given time shall reside in the Village. D. Each member of the Arts Council shall serve without compensation for one or more terms of three (3) years, except that three (3) of the original members of the Arts Council shall serve for terms of two (2) years. E. To qualify to serve as a member of the Arts Council, a person shall have experience and interest in the arts of architecture, landscape architecture, sculpture, painting, performance arts, filmmaking, or other similar arts and works of art. F. The members of the Arts Council shall annually select from its membership a chairperson, who shall preside over its meetings and a Vice-Chair who shall serve in the absence of the chairperson. All meetings of the Arts Council shall be held at the call of the chairperson and at such other times as the Arts Council may determine. G. A majority of the members of the Arts Council shall constitute a quorum and a majority vote of those present shall be required for any action by the Arts Council. § 77A-4 Duties and responsibilities. A. The Arts Council shall: 1. Promulgate guidelines and procedures governing: a. Determinations concerning whether and to what extent artwork is appropriate for a particular project; b. The selection of artists and artwork for a particular project; -2-  c. The submission of artwork proposals to the Arts Council for approval; d. The allocation of eligible funds for: 1. the creation of new artwork; 2. the maintenance of existing artwork; and e. the performance of the Art Council’s other duties and responsibilities under this chapter. 2. Review, examine and consider all artwork to be acquired by the Village, whether by purchase, gift, or otherwise. 3. Require to be submitted to the Arts Council, whenever it deems it necessary, a complete model or design of any artwork to be acquired by the Village; 4. Review, examine, consider and direct the removal, relocation or alteration of any existing artwork in the possession of the Village; 5. When appropriate, commission the creation of artwork for acquisition by the Village for specific purposes; 6. Advocate for public art and the inclusion of public artwork and artists in the design and development of public spaces and facilities. 7. Review, consider and take appropriate action concerning the conservation of artwork that is subject to Arts Council approval. 8. Whenever feasible, consult with the creating artist concerning the installation, maintenance, alteration, refinishing, and change in location of artwork approved by the Arts Council. 9. Maintain a detailed record of all artwork located in public places in the Village, including site drawings, photographs, designs, names of artists, and names of architects whenever feasible. -3- B. The guidelines and procedures to be promulgated by the Arts Council pursuant to Subsection A of this section shall be filed with the Village Clerk within ninety (90) days of the effective date of this chapter and shall not become effective until reviewed and approved by the Village Board. C. Prior approval of the Arts Council shall be required for: 1. The acquisition of all artwork by the Village, whether by purchase, loan, gift, or otherwise; 2. The design and location of all artwork, regardless of ownership, proposed for temporary or placement in, on, or over property owned or leased by the Village, including multimedia art utilizing resources owned or operated by the Village; 3. The design and location of all artwork proposed for placement in, on, or over the public right-of-way; 4. Any other approval or permit that may be required by the Village prior to such placement; 5. Any change in the design or placement of any artwork approved by the Arts Council pursuant to this chapter; 6. Any alteration, removal or change in the location or placement of any artwork that is subject to approval for the Arts Council pursuant to this chapter; and 7. Any extension of time relating to a temporary installation of artwork approved by the Arts Council pursuant to this chapter. D. Notwithstanding the provisions of Subsection C of this subsection, the design and temporary placement of artwork in, on or over the public right-of-way or on property owned or leased by the Village that is a component of a community event or festival not exceeding fourteen (14) days in duration shall not require Art Council approval if the artwork is completely removed at the conclusion of the event or festival. § 77A-5 Reservation of rights by the Village. -4- A. Notwithstanding any other provision of this chapter, the Village shall maintain full authority over Village property and shall have the right to the relocate or remove any artwork approved by the Arts Council on the ground that the artwork poses a risk to public health or safety, is located on Village property in contravention of the provisions of this chapter or the Code, is damaged beyond repair or on any other grounds consistent with the Village’s authority under governing law. B. No artwork financed or installed utilizing, in whole or in part, Village funds or in whole or in part with the proceeds of a grant procured by the Village shall be permanently installed on privately owned property absent a written agreement between the Village and the owner, acceptable to the Village Board: (i) specifying the proprietary interests in the artwork; (ii) binding the owner to the provisions of this chapter; (iii) providing that the owner shall ensure the installation of the work of art in a manner that will protect the artwork and the health and safety of the public; (iv) providing that the artwork will be maintained in good condition; (v) providing for appropriate insurance and indemnification; and (vi) containing such additional provisions as are deemed necessary or desirable by the Village Board. § 77A-6 Removal; Vacancies. A. The Mayor and the Village Board may, by majority vote, remove any member of the Arts Council, with or without cause. B. Vacancies shall be filled for the unexpired term of any member whose place has become vacant, whether by removal, resignation or otherwise by the Mayor with the approval of the Village Board. C. Any member of the Arts Council that will be absent for a regularly scheduled meeting shall advise the chairperson in advance and shall, at the discretion of the chairperson, be recorded as "excused" for the meeting. In the event that any member is absent for three regularly scheduled meetings in the same calendar year, or is absent without excuse for two consecutive meetings, the chairperson shall notify the Mayor and the member shall be deemed to have resigned from the Arts Council, unless the Village Board concludes in its discretion that good cause has been shown for the absences. Section 3. Numbering for Codification. -5- It is the intention of the Village of Pelham and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Village of Pelham; that the sections and subsections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this Local Law; that the word “Local Law” shall be changed to “Chapter,” “Section” or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 4. Severability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part hereof is held inapplicable had been specifically exempt there from. Section 5. Effective Date. This Local Law shall take effect immediately filing with the Office of the Secretary of State. -6- Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 14 - Other Business Resolution Authorizing the Award of Contract #2020-1 Village-Wide Sewage Flow Monitoring Whereas, the Village of Pelham solicited a bid for contract # 2020-1 for Village-Wide Sewage Flow Monitoring in connection with the Sanitary Sewer Evaluation Study (SSES); and Whereas, the bid for contract # 2020-1 was advertised in the Journal News as the Official Newspaper of the Village of Pelham, Bidset.com, and available on the Village’s website; and Whereas, at 10:30 a.m. E.S.T., Friday, September 18,2020, the Village Administrator and the Village Project Engineer from AI Engineers publicly opened and read the proposal of ADS, LLC in Village Hall; and Whereas, the bid proposal was carefully reviewed by AI Engineers and is recommended for contract award authorization in the amount of $70,712 to facilitate the fall Village-Wide Sewage Flow Monitoring Study to include: • Furnishing and installing up to 9 flow monitoring meters at different zones in the village. $5678 each. $51,102 • Maintenance and protection of traffic. $7,000 • Weekly extension of flow monitoring to ensure adequate data. $298 each. $2,682 • Miscellaneous/additionalwork ___$9,928___ Total $70,712 Whereas, AI Engineers the Village of Pelham consultant for the Sanitary Sewer Evaluation Study (SSES) has worked with ADS LLC on similar projects and have found their work to be of the highest quality and standards; and Whereas, it is imperative that this contract be approved to facilitate the 6-week flow monitoring study during the fall season. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Contract # 2020-1 for Village-Wide Sewage Flow Monitoring to ADS, LLC in an amount not to exceed $70,712; 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. Board of Trustees Regular Meeting Tuesday, September 22, 2020 Vote Record - Item # 14 - Resolution Authorizing Budget Amendments & Transfers for Fiscal Year 2020-21 Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ Lenny Meyerson of AI Engineers, the Village’s engineering consultant, walked the Board through the RFP response and recommended awarding the contract to ADS. Board of Trustees Regular Meeting Tuesday, September 22, 2020 Recurring Items Item # 15 - 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 # 15 - Resolution Authorizing Budget Amendments & Transfers for Fiscal Year 2020-21 Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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, September 22, 2020 Item # 16 - Authorizing the Accounts Payable Trustee Kamal Eldahry 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 $291,724.57 Grand Total $291,724.57 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 # 16 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 22, 2020 Item # 17 - Authorizing Minutes: There are no minutes to be approved at this time. Item # 18 - Adjournment Vote Record - Item # 18 - Adjournment Village of Pelham Board of Trustees Regular Meeting Tuesday, September 22, 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 ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ The Regular Board Meeting was adjourned at 9:40 PM. Respectfully submitted, Cara R. Farrell, Assistant/Secretary to the Village Administrator