Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 13, 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/120347885 You can also dial in using your phone. United States: +1 (646) 749-3122 Access Code: 120-347-885 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 to omar.small@pelhamgov.com # Agenda Items: Non-Recurring Items 8. Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 48 First Street 9. Resolution Authorizing Site Plan Approval for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham 10. Resolution Granting an Extension of Site Plan Approval for 139 Fifth Avenue 11. Resolution Authorizing Community Event Pelham Pumpkin Walk 12. Resolution Calling for a Public Hearing on Local Law No. 4 of 2020 to Create Chapter 77A of the Code of the Village of Pelham: Village of Pelham Council on the Arts 13. Resolution Authorizing the Appointment of a Part Time School Crossing Guard 14. Resolution Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefit Fund 15. Other Business Recurring Items 16. Authorizing Accounts Payable 17. Authorizing Minutes of: September 8, 2020 & September 22, 2020 18. Adjournment Next Regularly Scheduled BoT Meetings: Tuesday, October 27, 2020 Board of Trustees Regular Meeting Tuesday, October 13, 2020 Tuesday, November 10, 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 ☐ ☒ ☐ Item # 4 - Trustees’ Report: Trustee Carpenter had nothing to report. Trustee Greco had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry announced the grant provided to the Village from EcoPel for some of the start-up costs related to food scrap recycling and the possibility of partnering with Pelham Manor on the initiative. Lastly, she said the joint-application for Sustainable Westchester’s Heatsmart Campaign between the Village and Town of Pelham was selected and that will be moving forward in the near future. Trustee Potocki reiterated being neighborly. Trustee Spira-Cohen noted the upcoming safety award from AAA with the highest distinction of platinum. Board of Trustees Regular Meeting Tuesday, October 13, 2020 Item # 5 - Village Administrator’s Report: Village Administrator Small reminded sidewalk cafe and outdoor business permit holders that if they’re looking to install heating equipment that they need to reach out to the fire department and building department. Mr. Small also said the annual Sexual Harassment and Workplace Violence Trainings are in motion and due by the end of the month. He said the Village is creating a pandemic operations plan as required by a new state law . Village Administrator Small said last week, our vendor began installing flow-monitoring systems. He thanked Lt. Green for coordinating with him for closure of those areas. Item # 6 - Mayor’s Report: Mayor Mullen said Split the Bill was a smashing success and he thanked Pelham House for providing the reimbursement and all those involved in this initiative. He reiterated the update given by Trustee Eldahry about food scrap recycling. Mayor Mullen also said the number of active cases of COVID-19 have recently risen and reminded everyone to practice social distancing and wear a mask. And to follow any guidance given by the Governor or the Center for Disease Control (CDC) especially because Halloween is upon us and trick-or-treating has been declared a “high-risk” activity. He said the Steering Committee on Policing and Inclusion is in the homestretch and before opening the meetings for public input, they will release a preliminary report of findings and recommendations. Item # 7 - Public Comments There were no public comments. Board of Trustees Regular Meeting Tuesday, October 13, 2020 Non-Recurring Items Item # 8 - Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 48 First Street 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: Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/120347885 You can also dial in using your phone. United States: +1 (646) 749-3122 Access Code: 120-347-885 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. Dated: September 25, 2020 Terri Rouke, Village Clerk Vote Record - Item # 8A – Open the Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 48 First Street Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record - Item # 8B - Close the Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 48 First Street Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, October 13, 2020 Item # 9 - Resolution Authorizing Site Plan Approval for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham After discussing with the developers, the Board of Trustees decided to table this item until the next meeting of the Board to confirm with Planning Board Chairperson Joe Marty theconditions to include in the resolution and to allow the lawyers for the Village and Applicant to finalize the approving resolution. Board of Trustees Regular Meeting Tuesday, October 13, 2020 Item # 10 - 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 Partners 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 Building Inspector received a request from the Applicant for its first 120-day extension of the time in which they must obtain a building permit, and on June 9, 2020 the Board of Trustees granted such request; and Whereas, on October 6, 2020, the Village Board of Trustees received a request from the Applicant for its second 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 second and last 120-day extension of the Site Plan Approval, such that the Applicant must now obtain a building permit by no later than February 5, 2021. Vote Record - Item # 10 - Resolution Granting an Extension of Site Plan Approval for 139 Fifth Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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, October 13, 2020 Item # 11 - Resolution Authorizing Community Event Pelham Pumpkin Walk Resolution Authorizing Community Event Pelham Pumpkin Walk Whereas, the Pelham Pack 1 Cub Scouts has requested permission to hold a Pumpkin Walk in the Village of Pelham on Friday October 30, 2020; and Whereas, the event will be held between 6:00 p.m. and 8:00 p.m. with setup beginning at 4:00 p.m. located in Wolfs Lane Park and the walkway between there and Woodlands Park. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Pelham Pumpkin Walk Friday October 30, 2020 beginning at 6:00 p.m. and; Be it further resolved, that the Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate the intent of this resolution. Vote Record - Item # 11 - Resolution Authorizing the Pelham Pumpkin Walk Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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 Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, October 13, 2020 Item # 12 - Resolution Calling for a Public Hearing on Local Law No. 4 of 2020 to Create Chapter 77A of the Code of the Village of Pelham: Village of Pelham Council on the Arts Resolution Calling for a Public Hearing on Local Law No. 4 of 2020 to Create Chapter 77A of the Code of the Village of Pelham: Village of Pelham Council on the Arts Whereas, public art, in both physical and digital form, has enabled people in all societies to understand better their communities and individual lives; and Whereas, established forums for public expression serve as drivers of economic and social sustainability; and Whereas, democracy demands wisdom, and the Village can be served and strengthened by promoting excellence in the humanities and conveying the lessons of its history to all residents; and Whereas, the Village therefore wishes to expand the public experience with visual art and the humanities 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; (iii) supports research and original scholarship; (iv) preserves and provides access to cultural and educational resources; and (v) drives interest in the Village’s downtown. Now, therefore, be it resolved, that concerning the creation of a public artwork program to be administered by the Village of Pelham Council on the Arts, the Village Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Local Law No. 4 of 2020 to Create Chapter 77A of the Code of the Village of Pelham: Village of Pelham Council on the Arts; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing pursuant to New York State Village Law. Vote Record - Item # 12 - Resolution Calling for a Public Hearing on Local Law No. 4 of 2020 to Create Chapter 77A of the Code of the Village of Pelham: Village of Pelham Council on the Arts Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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 ☒ ☐ ☐ ☐ Trustee Carpenter walked everyone through the changes between the proposed resolution from last meeting and the one tonight including thoughtful ideas from members of the community. The biggest changes are new language in § 77A-1.C and 77A-1.D, 77A-1E.3, 77A-2, 77A-4.B. Board of Trustees Regular Meeting Tuesday, October 13, 2020 Item # 13 - Resolution Authorizing the Appointment of a Part Time School Crossing Guard Resolution Authorizing the Appointment of a Part Time School Crossing Guard Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Isha Burrus of Pelham, NY to the position of School Crossing Guard (Part Time), effective Tuesday, October 13, 2020 at an annual salary of $10,280.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Mayor and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 13 - Resolution Authorizing the Appointment of a Part Time School Crossing Guard Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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, October 13, 2020 Item # 14 - Resolution Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefit Fund Resolution Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefit Fund Whereas, there is a signed Collective Bargaining Agreement with the Department of Public Works and Parking Enforcement Officers that provides that the Village of Pelham (hereinafter “Village”) will furnish Dental and Vision Insurance coverage through the CSEA Employee Benefit Fund to certain employees; and Whereas, the CSEA Employee Benefit Fund has proffered a Renewal Agreement concerning Dental and Vision Benefits for the period of June 1, 2020 through May 31, 2022. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Renewal Agreement between the Village of Pelham and the CSEA Employee Benefit Fund to provide Dental and Vision Plan Benefits retroactive to June 1, 2020 through May 31, 2022. Vote Record - Item #14 - Resolution Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefits Fund Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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, October 13, 2020 Item # 15 - Other Business Deputy Mayor Potocki mentioned the donation of a park bench from Pelham Civics Association in memory of Tom Imperato. Mayor Mullen said he wants to put out a notice regarding the upcoming Council on the Arts. Trustee Eldahry expanded on her conversation with Pelham Manor’s participation in the food scrap recycling program to include the cost-sharing part of the discussion as it relates to our site being used by another municipality. Board of Trustees Regular Meeting Tuesday, October 13, 2020 Recurring Items Item # 16 - Authorizing the Accounts Payable Trustee 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 $275,280.80 Trust & Agency Fund $1,812.00 Grand Total $277,262.80 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, October 13, 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 ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, October 13, 2020 Item # 17 - Authorizing Minutes of September 8, 2020 & September 22, 2020 Vote Record - Item # 17A – Authorizing Minutes of September 8, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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 ☐ ☐ ☐ ☐ Vote Record - Item # 17B – Authorizing Minutes of September 22, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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 ☐ ☐ ☐ ☐ Item # 18 - Adjournment Vote Record - Item # 18 - Adjournment Village of Pelham Board of Trustees Regular Meeting Tuesday, October 13, 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 public portion of the Regular Board Meeting was adjourned at 9:20 pm to enter into Executive Session to discuss current litigation. After which time the Board of Trustees would adjourn for the evening. Respectfully submitted, Cara R. Farrell, Assistant to the Village Administrator