Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 27, 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/989638765 You can also dial in using your phone. United States: +1 (571) 317-3122 Access Code: 989-638-765 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 cara.farrell@pelhamgov.com # Agenda Items: Non-Recurring Items 8. Presentation by Westchester Power on Bid Results & New Contract Information 9. 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 10. Resolution Adopting 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 11. Resolution Authorizing Site Plan Approval for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham 12. Discussion on Eagle Scout Project Donation 13. Resolution Accepting Environmental Coalition of the Pelhams (EcoPel) Grant for Food Scrap Recycling Program Launch 14. Resolution Authorizing Payment of Invoice for Sam Schwartz Engineering’s Consulting Services 15. Resolution Adopting the 2020 Adjusted Base Proportions Using the 2020 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2021 Tax Levy 16. Discussion on Designation of Young Avenue Field as Parkland 17. Resolution Authorizing the Renewal of an Agreement between the County of Westchester and the Village of Pelham for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham 18. Resolution Amending § 90-56 Schedule XVII: On-Street Parking Meter Zones in the Code of the Village of Pelham 19. Other Business Recurring Items 20. Authorizing Accounts Payable 21. Authorizing Minutes of: Board of Trustees Regular Meeting Tuesday, October 27, 2020 22. Adjournment 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 had nothing to report. Trustee Greco had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry gave an update regarding the food scrap recycling program including the continuing discussion with the Village of Pelham Manor. She also thanked the Pelham Preservation & Garden Society for their donation of a leaf mulching kit which our Department of Public Works will use in the parks. Trustee Eldahry also said regarding the Sustainability Advisory Board (SAB) and Climate Smart Communities (CSC) Task Force, that the Heatsmart Residential volunteer group is interviewing installers, an announcement of a community-wide student photography contest and the CSC’s formulation for applying to become Bronze-certified. Trustee Potocki thanked all village departments for doing a phenomenal job. Trustee Spira-Cohen had nothing to report. Item # 5 - Village Administrator’s Report: Village Administrator Small had nothing to report. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 6 - Mayor’s Report: Mayor Mullen updated residents on the standings of COVID-19 and suggested checking out the Center for Disease Control’s (CDC) alternatives to trick-or-treating and other traditional Halloween festivities. He also urged residents to sign up for website email blasts to stay updated on village business which can be done at https://www.pelhamgov.com/subscribe. He also said that on Monday mornings he is joining the radio station WVOX 1460 AM at 7:35 to discuss current events in the community. Lastly, Mayor Mullen urged people to vote in the upcoming election. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 7 - Public Comments Shaun Breidbart of 336 Eighth Avenue asked about the renaming of Wolfs Lane Park as well as the restrictions on leaf blowers. Diana Freeland of 66 Second Street brought up the tree planting program. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Non-Recurring Items Item # 8 - Presentation by Westchester Power on Bid Results & New Contract Information Jasmine Graham of Sustainable Westchester presented the bid results and new contract information for Westchester Power. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 9 - 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 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, October 27, 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. 4 of 2020 to create Chapter 77A of the Code of the Village of Pelham concerning the creation of the Village of Pelham Council on the Arts. 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: October 17, 2020 _______________________________________________________________________________ This public hearing was opened at 8:30 PM with a motion by Trustee Carpenter and seconded by Trustee Hill-Ries. The vote passed 7-0. Lisa Robb of 519 6th Avenue and Susan Mutti of Connecticut commented during the public hearing. Mayor Mullen implored residents and non-residents alike to apply to be on the Council. Information including the application is found here https://www.pelhamgov.com/council-arts. This public hearing was closed at 8:50 PM with a motion by Deputy Mayor Potocki and seconded by Trustee Spira-Cohen. The vote passed 7-0. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 10 - Resolution Adopting 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 Adopting 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, 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, public art, in both physical and digital form, has enabled people in all societies to better understand their communities and individual lives; and Whereas, therefore the Village of Pelham 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. 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 October 27, 2020 at or about 7:30 p.m. at a virtual meeting, https://global.gotomeeting.com/join/989638765 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, that the Board of Trustees of the Village of Pelham hereby adopts 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 directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 10 - Resolution Adopting 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 27, 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 ☒ ☐ ☐ ☐ This resolution was passed at 8:50 PM. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 11 - Resolution Approving Site Plan for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham Resolution Approving Site Plan for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham Whereas, the Board of Trustees has found and determined that encouraging property owners to develop housing projects within the Village's downtown core will activate Village street life, enhance walkability, promote the Village's culture, enhance the real property tax base, and better utilize existing public services; that there are opportunities within the Village's downtown core to use vacant and underutilized property more efficiently to reinvigorate the Village's downtown area; that creating incentives for higher density development within the Village's downtown core will be more cost-effective because it will use infrastructure that already exists and thereby avoid the need to create additional costly infrastructure; and that those incentives will allow for development within the Village's downtown core that will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses; and Whereas, in the furtherance of those purposes the Board of Trustees created the Business District Floating Zone by adopting Village Code § 106.3; and Whereas, Village Code § 106.3 authorizes the Board of Trustees to permit and grant site plan approval for proposed developments that comply with Village Code § 98-106.3 and meet the requirements it establishes for the Business District Floating Zone; and Whereas, 48 Pelham Property LLC (the “applicant”) has applied to develop the property known as 48 First Street (the “48 First Street Property”) in accordance with those requirements and standards; and Whereas, 48 Pelham Property LLC has represented to the Board of Trustees that it is the lawful owner or contract vendee of the 48 First Street Property; and Whereas, in furtherance of its application, 48 Pelham Property LLC has submitted to the Building Inspector a declaration of intent to develop accompanied by the requisite documents, information and fees; and Whereas, 48 Pelham Property LLC has further submitted a formal and complete proposed site plan prepared by Mastrogiacomo Engineering, P.C., dated 7-12-2019 and last revised 8-26-2020, satisfying the requirements of Village Code Chapter 79, showing a proposed development and or use of the 48 First Street Property; and Whereas, 48 Pelham Property LLC proposes to create a multi-family development with eight 2-bedroom units, a lower rooftop recreational amenity, 16 solar panels on the upper rooftop, and 8 indoor parking spaces; and Whereas, 48 Pelham Property LLC is providing one parking space for each unit; and Whereas, 48 Pelham Property LLC consists of one tax parcel, Parcel 163.43.1.7, which is located in the Business-2 zoning district; and Whereas, 48 Pelham Property LLC requests site development approval pursuant to Village Code §98-106.3 also known as the Business District Floating Zone; and Whereas, Mastrogiacomo Engineering, P.C. has submitted the following documents and plans in support of the application: • Letter from Seth M. Mandelbaum, Esq, of McCullough, Goldberger & Staudt, LLP, dated 9-13-2019; • Site Plan Application and Intent to Develop Form, dated 9-12-2019; Board of Trustees Regular Meeting Tuesday, October 27, 2020 • EAF Short Form, dated 8-13-2019; • BDFZ Consistency Planning Narrative, prepared by Cleary Consulting, dated 9-13-2019 • Google Aerial View, CS, dated 7-12-19 • Rendering at Street Level, T001, prepared by Mastrogiacomo Engineering – dated 07-12-2019, and last revised 09-11-19 • Rendering at Birds Eye Level, T002, prepared by Mastrogiacomo – dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Tax Map, C001, prepared by Mastrogiacomo Engineering– dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Site Demolition & Erosion Control Plan, C100, prepared by Mastrogiacomo Engineering – dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Proposed Site Layout and Landscaping Plan, C101, prepared by Mastrogiacomo Engineering, dated 7-12-19, revised 09-11-19, and last revised 12-06-19 • Proposed Grading Plan, C102, prepared by Mastrogiacomo Engineering, dated 7-12-19, revised 9-11-19, and last revised 12-06-19 • Proposed Utility & Stormwater Management Plan, C103, prepared by Mastrogiacomo Engineering, dated 7—12- 19, revised 9-11-19, and last revised 12-06-19. • Construction Details, C200, prepared by Mastrogiacomo Engineering– dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Construction Details, C201, prepared by Mastrogiacomo Engineering – dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Proposed Front Elevation, A100, prepared by Mastrogiacomo Engineering, – dated 07-12-2019, revised 09-11- 2019, and last revised 12-06-19 • Proposed Floor Plan – Ground Floor, C200, prepared by Mastrogiacomo Engineering – dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Proposed Floor Plan- Floor 2 Thru 5, A201, prepared by Mastrogiacomo Engineering – dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Proposed Floor Plan – Lower Roof, A202, prepared by Mastrogiacomo Engineering– dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • Proposed Floor Plan – Upper Roof, C203, prepared by Mastrogiacomo Engineering – dated 07-12-2019, revised 09-11-2019, and last revised 12-06-19 • List of Owner, Address, City, Zip and Block/Lot/Section of surrounding properties • Topographic Survey – dated 01-17-18 Whereas, 48 Pelham Property LLC provided notice of its application to all property owners contiguous to the applicant’s property as required; and Whereas, notice was duly provided to the County of Westchester and the City of New Rochelle as required by General Municipal Law §§239-m, 239-n and 239-nn and Westchester County Administrative Code §§ 277.61 and 277.71; and Whereas, the Board of Trustees determined the Code of the Village of Pelham §98-106.3(C) requires the proposed action be referred to the Planning Board and Architectural Review Board and such referral was made on 10-22-19; and Whereas, the applicant subsequently submitted the application to the Planning Board and Architectural Review Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code §79-6A; and Whereas, 48 Pelham Property LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Board of Trustees Regular Meeting Tuesday, October 27, 2020 Whereas, the Architectural Review Board conducted a detailed review of the application on 1-15-2020, 2-19- 2020, 3-18-2020, 6-17-2020, 7-15-2020, and 8-19-2020 and on 9-11-2020 submitted to the Board of Trustees a recommendation to approve subject to conditions; and Whereas, the Planning Board conducted a detailed review of the application on 11-18-2019, and 12-17-2019 and submitted to the Board of Trustees on 9-17-2020 a recommendation to approve as follows: • Documentation of the condition and capacity of the sanitary sewer line in First Street to accommodate the additional flow from the project; • Documentation shall be provided to the Building Inspector prior to site disturbance that necessary permits, licenses and/or approvals from Metro North Railroad to disturb property and foundations shared with Metro North; • Documentation shall be provided to the Building Inspector prior to site disturbance that the Village Fire Department finds the proposed project adequate for fire safety, access, and design. • The Board of Trustees should receive confirmation that underpinning of the neighbors’ foundation would not be required. • The applicant is proposing to contribute funds to improve a park at the Western end of First Street at the curve (near the Post Office). The details of this contribution should be provided along with input from Village officials whether such improvements are planned and desired. • The Planning Board encourages the applicant to install landscaping similar to that of Marbury Corners. • The Planning Board encourages the applicant to provide electric car charging capabilities. • The Planning Board requested that adequate and safe bicycle parking be provided within the parking area. Whereas, after due notice, the Board of Trustees opened and closed the public hearing with respect to the application on 10-13-2020, and Whereas, the Board of Trustees finds that the monetary contribution towards improving the green space in the Village shall be $3,495.00, and Whereas, the Board of Trustees has considered the design guidelines established by Village Code §98- 106.3(E)(9); and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on October 22, 2019, the Board of Trustees received a full environmental assessment form (EAF), declared itself to be lead agency and identified the proposed action as an unlisted action; and Whereas, the Board of Trustees (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF, the criteria for determining significance set forth in 6 NYCRR §617.7(c) and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in this resolution; and Whereas, the Board of Trustees considered the standards for site plan review established by Village Code § 79-5. Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, the recommendation from the Architectural Review Board and the Planning Board and all of the public comment heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: Board of Trustees Regular Meeting Tuesday, October 27, 2020 A. The proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and B. The property satisfies the requirements for consideration under Village Code §98-106.3 Business District Floating Zone and the proposed building complies with the requirements of the Business District Floating Zone; and C. The final site plan approval is based on the following drawings prepared by Mastrogiacomo Engineering P.C., dated 7-12-2019 and last revised on 8-26-2020 that have been submitted by the applicant (collectively, the “Drawings”): • CS Cover Sheet • C001 Tax Map • C100 Site Demolition & Erosion Control Plan • C102 Proposed Site Layout & Landscaping Plan & Zoning Analysis • C103 Proposed Utility &* Stormwater Management Plan & Computations • C200 Site Construction Details • C201 Site Construction Details • A001 Color Front Elevation • A002 Building Section • A003 Egress Door Details • A004 Details • A005 Details • A006 Window, Shutter & Stone Specification • A007 Exterior Trim Specification • A008 Exterior Trim Specification • A009 Exterior Trim Specification • A100 Proposed Front Elevation • A102 Proposed Rear Elevation, • A103 Proposed Left Elevation; • A200-A Proposed Floor Plan – Ground Floor (Revised) • A201 Proposed Floor Plan – Floor 2 • A202 Proposed Floor Plan – Floors 3 & 4 • A203 Proposed Floor Plan – Floor 5 • A204 Proposed Lower Roof Plan • A205 Proposed Upper Roof Plan D. Site plan approval granted pursuant to this resolution shall be conditioned on Project construction being completed in accordance with the Drawings in C. above. E. Site plan approval is granted subject to the following conditions: 1. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, have the project reviewed by the Village Fire Department to ensure adequate fire safety, access, and design. 2. Upon demolition of the existing building on the 48 First Street Property, the applicant shall perform a test probe location to identify the depth of the neighboring foundation. If it is determined that underpinning is required, drawings for such shall be submitted to the Building Inspector for review and approval. 3. Details, including documentation, schedule, etc. shall be provided to the Building Inspector concerning the presence and location of the crane, and street closures prior to the issuance of a building permit; Board of Trustees Regular Meeting Tuesday, October 27, 2020 4. Documentation of the condition and capacity of the sanitary sewer line in First Street to accommodate the additional flow from the project shall be provided to the Building Inspector prior to the issuance of a building permit; 5. Documentation shall be provided to the Building Inspector prior to site disturbance that necessary permits, licenses and/or approvals from Metro North Railroad to disturb property and foundations shared with Metro North; 6. Trees shall be planted where possible along the sidewalk to match the species in front of Marbury Corners. This condition shall include the applicant provide either a survey or a site meeting with the Village’s Department of Public Works demonstrating that the tree locations will not interfere with below grade utilities. 7. The applicant shall meet with members from the Architectural Review Board prior to the issuance of a certificate of occupancy to review the manufacturers stock color selections for the shutters - called out on the plans as black – to confirm the shutters are black in accordance with the Drawings. 8. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit submit to the Building Inspector a complete and final set of plans and documents, consistent with the conditions articulated above and as required by Chapter 34 of the Village Code. Substantive deviations from the plans approved by the Board of Trustees will require a resubmission to the Board of Trustees for a modification to an approved site plan. 9. The applicant shall, as a condition of site plan approval and prior to the issuance of any building permit, provide the Village a fair share contribution for traffic and pedestrian safety, paving, and sanitary sewer improvements based on the provisions of Village Code §79-6K, and as adjusted for traffic and pedestrian safety improvements being provided by the applicant at the subject site. The fair share contribution shall be paid prior to the issuance of a building permit and is calculated as follows: a. Traffic/Pedestrian Improvements (5du’s x 3,191/trip= $ 15,955.00 b. Paving - 137 lf frontage x 40 ft width on First Street x $2.00 lf = $ 10,960.00 c. Sanitary Sewer - 137 lf frontage x $70/lf = $ 9,590.00 TOTAL= $ 36,505.00 This site plan approval is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of the Board of Trustees of the Village of Pelham. If any term of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. Be it further resolved, that in accordance with Village Code §79-7, this site plan approval shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution unless the Board of Trustees extends, by resolution, extends the time within which to do so; and Be it further resolved, that this site pan approval will be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 11 - Resolution Authorizing Site Plan Approval for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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, October 27, 2020 Item # 12 - Discussion on Eagle Scout Project Donation Aspiring Eagle Scout, for Troop 1 Pelham, Gavin Fear of 93 Storer Avenue presented his completed project on the Highbrook Highline. After successful fundraising, the proceeds for the project belong to the sponsoring agency, the Village of Pelham, which Gavin requested the Village Board of Trustees donate said proceeds to the Pelham Preservation Society for the benefit of the Friends of the Highbrook Highline. Gavin thanked Village Officials and Susan Mutti and the Friends of the Highbrook Highline for allowing this project to take place and for their support throughout. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 13 - Resolution Accepting Environmental Coalition of the Pelhams (EcoPel) Grant for Food Scrap Recycling Program Launch Resolution Accepting Environmental Coalition of the Pelhams (EcoPel) Grant for Food Scrap Recycling Program Launch Whereas, Westchester County’s Department of Environmental Facilities (DEF) has partnered with Suburban Carting for its Residential Food Scrap Transportation and Disposal (RFSTAD) Program; and Whereas, this voluntary program offers two options to District municipalities: • Option One has the greatest cost savings, provides for municipalities to deliver food scraps to Suburban’s Transfer Station. The food scraps can be delivered following curbside collection, or delivered in toters from drop-off programs. Municipalities would pay $15.00/ton for up to 19.99 tons of food scraps in a single calendar year, and $10.00/ton for tonnage of 20 tons or more. • Option Two provides pick-up service from the municipal drop-off programs and delivery to Suburban’s Transfer Station. Under this option, the municipalities would pay the same rate as they currently pay for municipal solid waste, $29.28/ton; and Whereas, after discussions of budgetary constraints, the Village of Pelham Sustainability Advisory Board and Climate Smart Communities Task Force with support from the Village Board of Trustees and Town of Pelham applied for a grant to assist in the launch of a food scrap recycling program in the Town of Pelham; Whereas, the Environmental Coalition of the Pelhams (EcoPel) announced the grant approval on October 13, 2020 for purchases including large collection toters, a one-year’s supply of compostable liners, signage and publicity/outreach. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein accepts a check in the amount of $3,900.00 from EcoPel to assist in establishing a food scrap recycling drop-off site; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Assistant Village Administrator/Village Treasurer to make the following amendment to the Fiscal Year 2020-21 Budget. Increase: (A) General Fund Revenue Account No. Account Description Amount A.2705 Gifts and Donations $3,900.00 Increase: (A) General Fund Expense Account No. Account Description Amount A.8160.492 Refuse & Garbage – Food Scrap Recycling $3,900.00 Board of Trustees Regular Meeting Tuesday, October 27, 2020 Vote Record - Item # 13 - Resolution Accepting Environmental Coalition of the Pelhams (EcoPel) Grant for Food Scrap Recycling Program Launch Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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 ☒ ☐ ☐ ☐ Dan Bollin of 44 Clifford Avenue expressed his consent for food scrap recycling and asked about expanding this program to curbside pickup. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 14 - Resolution Authorizing Payment of Invoice for Sam Schwartz Engineering’s Consulting Services Resolution Authorizing Payment of Invoice for Sam Schwartz Engineering’s Consulting Services Whereas, on October 15, 2015, the Village of Pelham (“Village”) entered into a Review Deposit Agreement with Matriarch Development (“Matriarch”) in connection with an application to develop a mixed-use building at 101 Wolfs Lane in the Village (the “application”); and Whereas, as part of the Review Deposit Agreement, Matriarch agreed to pay all reasonable costs incurred by the Village in connection with its application, including consulting fees, by depositing funds into a trust and agency (“escrow”) account; and Whereas, the Village has made repeated requests, of which the latest, dated November 8, 2019 has gone unanswered to Matriarch to replenish the escrow account in order to pay the invoice but Matriarch has refused to comply; and Whereas, on January 7, 2020, the Village received an invoice from Sam Schwartz Engineering, totaling $6,400.00, for consulting services performed in connection with the application; and Now, therefore, be it resolved, that as a result of Matriarch’s failure to replenish the escrow account, the Village agrees to pay the invoice, in light of these specific circumstances, for Sam Schwartz Engineering’s services in the amount of $6,400.00; and Be it further resolved, that the Village Treasurer is directed to pay the invoice. Invoice Amount $6,400.00 101 Wolfs Lane Development Escrow Account $2,669.87 Balance (Account No. T.0312) Amount to be charged to Business District $3,730.13 Planning (A.1950.953) Vote Record - Item # 14 - Resolution Authorizing Payment of Invoice for Sam Schwartz Engineering’s Consulting Services Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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 27, 2020 Item # 15 - Resolution Adopting the 2020 Adjusted Base Proportions Using the 2020 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2021 Tax Levy Resolution Adopting the 2020 Adjusted Base Proportions Using the 2020 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2021 Tax Levy Be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the 2020 Adjusted Base Proportions using the 2020 Final Assessment Roll and Rates provided by the Town of Pelham Assessor for the Village of Pelham 2021 Tax Levy, at the rates of 82.693080% for Homestead, and 17.306920% for Non-Homestead; and Be it further resolved, that the Mayor and the Town Assessor are authorized to take the necessary steps to effect this resolution. Vote Record - Item # 15 - Resolution Adopting the 2020 Adjusted Base Proportions Using the 2020 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2021 Tax Levy Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 16 - Discussion on Designation of Young Avenue Field as Parkland Susan Mutti of Connecticut and Ann Dumas-Swanson of 205 Highbrook Avenue contributed toward the discussion on designation of the Young Avenue Field as parkland. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 17 - Resolution Authorizing the Renewal of an Agreement between the County of Westchester and the Village of Pelham for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham Whereas, Westchester County owns 0.49 lane miles of road along a portion of Lincoln Avenue within the Village of Pelham; and Whereas, Westchester County desires to obtain services for snow and ice removal from these roads in order to provide reasonable passage and movement of vehicles; and Whereas, in the interest of public safety, the Village of Pelham has historically provided this service to Westchester County through various intermunicipal agreements (“IMAs”); and Whereas, the current Westchester County IMA has a five (5) year term which expired on September 30, 2020, and the County has subsequently proffered another five (5) year IMA for the identical services, as per attached IMA; and Whereas, the reimbursement rate received from Westchester County for services rendered by the Village shall be in accordance with Schedule “B” of the attached IMA. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the attached intermunicipal agreement between the Village of Pelham and Westchester County for snow and ice removal services for the period of October 1, 2020 to September 30, 2025 on County-owned roads located in the Village of Pelham. Vote Record - Item # 17 - Resolution Authorizing the Renewal of an Agreement between the County of Westchester and the Village of Pelham for the Removal of Snow and Ice on Westchester County Roads Located in the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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 27, 2020 Item # 18 - Resolution Amending § 90-56 Schedule XVII: On-Street Parking Meter Zones in the Code of the Village of Pelham Resolution Amending § 90-56 Schedule XVII: On-Street Parking Meter Zones in the Code of the Village of Pelham Be it resolved, by the Mayor and Board of Trustees of the Village of Pelham, that the following changes are made to Chapter 90 of the Village Code, entitled "Vehicles and Traffic", § 90-56, as follows: Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the modification of the Fee Schedule as outlined in the attached memo for § 90-32, Fees effective November 1, 2020. Vote Record - Item # 18 - Resolution Amending § 90-56 Schedule XVII: On-Street Parking Meter Zones in the Code of the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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 ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, October 27, 2020 Item # 19 – Other Business Mayor Mullen mentioned the upcoming Village Hall “retreat” on December 10. Village Hall will be closed as staff will be participating in a discussion preparing ourselves for 2021. Board of Trustees Regular Meeting Tuesday, October 27, 2020 Recurring Items Item # 20 - Authorizing the Accounts Payable Trustee Spira-Cohen 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 $123,864.69 Capital Projects Fund $184,079.83 Private Purpose Trust Fund $863.54 Grand Total $308,807.06 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 # 20 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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 27, 2020 Item # 21 - Authorizing Minutes: There are no minutes to be approved at this time. Item # 22 – Adjournment to Executive Session Vote Record - Item # 22 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, October 27, 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 portion of the Board of Trustees meeting was adjourned at 10:00 PM to enter into Executive Session to discuss pending litigation and a personnel matter. After which time, the Board of Trustees would adjourn for the evening. Respectively submitted, Cara R. Farrell, Assistant to the Village Administrator