Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES ORGANIZATIONAL MEETING TUESDAY, DECEMBER 8, 2020 6:00 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/888736269 You can also dial in using your phone. United States: +1 (786) 535-3211 Access Code: 888-736-269 AGENDA 1. Call to Order 2. Pledge of Allegiance # Agenda Items: Non-Recurring Items 3. Oath of Office for Village Trustees, Annual Organizational Meeting and Mayoral Appointments to Land Use Boards, Appointments of Committee Chairpersons, and Assignment for Village Board Liaisons Next Regularly Scheduled BoT Meetings: December 8, 2020 January 12, 2021 January 26, 2021 All meetings start at 7:30 PM unless otherwise noted. Board of Trustees Organizational Meeting Tuesday, December 8, 2020 Item # 1 – Meeting called to order: Item # 2 – Pledge of Allegiance: Item # 3 - Oath of Office for Elected Village Trustees, Annual Organizational Meeting and Mayoral Appointments to Land Use Boards, Appointments of Committee Chairpersons, and Assignment for Village Board Liaisons Swearing in of Elected Officials Trustee Hanan K. Eldahry Trustee Kimberly M. McGreal Trustee Russell L. Solomon Note: Appointments by the Mayor of Village officials and staff, and appointments by the Mayor to Land Use Boards, require Village Board of Trustees approval. ANNUAL ORGANIZATIONAL MEETING RESOLUTIONS 2020-21 RESOLUTIONS OF APPOINTMENT OF THE FOLLOWING OFFICIALS 1. Be it resolved, that Michael Carpenter is appointed by the Mayor as Deputy Mayor and while so acting is vested with all of the powers and shall perform all of the duties of Mayor pursuant to New York State Village Law § 4-400; in the event Mayor Mullen and Deputy Mayor Carpenter are unavailable due to absence or disability pursuant to New York State Village Law § 4-400 (2), Trustee Kamal Eldahry shall serve as Mayor and while so acting shall be vested with all of the powers and shall perform all of the duties of Mayor. Motion: Seconded: Vote: 2. Be it resolved, that Omar Small, is hereby appointed Village Administrator for the current official year pursuant to the provisions of Village Code § 2. Motion: Seconded: Vote: 3. Be it resolved, that Christopher Scelza, is hereby appointed as Assistant Village Administrator for the current official year pursuant to the provisions of Village Code § 2. Motion: Seconded: Vote: 4. Be it resolved, that Christopher Scelza, is hereby appointed as Village Treasurer and Deputy Registrar of Vital Statistics for the current official year pursuant to the provisions of New York State Village Law § 4-408. Motion: Seconded: Vote: 5. Be it resolved, that Abrams & Fensterman, Edward A. Smith as Counsel, is hereby appointed as Village Attorney for the current official year. Motion: Seconded: Vote: Page 2 Board of Trustees Organizational Meeting Tuesday, December 8, 2020 6. Be it resolved, that Martha L. Conforti, is hereby appointed as Village Prosecuting Attorney for the current official year. Motion: Seconded: Vote: 7. Be it resolved, that Eileen O’Rourke, is hereby appointed as Counsel to the Zoning Board of Appeals for the current official year. Motion: Seconded: Vote: 8. Be it resolved, that Joseph Battaglia, Assessor for the Town of Pelham, is hereby appointed as the Assessor for the Village of Pelham for the current official year. Motion: Seconded: Vote: 9. Be it resolved, that Catherine Mazzaro, Receiver of Taxes for the Town of Pelham, is hereby appointed as Receiver of Taxes for the Village of Pelham for the current official year. Motion: Seconded: Vote: 10. Be it resolved, that Kieya Glaze is hereby re-appointed as Deputy Village Treasurer for the current official year. Motion: Seconded: Vote: 11. Be it resolved, that Terri Rouke is hereby appointed as Village Clerk and Registrar of Vital Statistics for the current official year pursuant to the provisions of New York State Village Law § 4- 402. Motion: Seconded: Vote: 12. Be it resolved, that Cara R. Farrell is hereby appointed as Deputy Village Clerk and Sub- Registrar of Vital Statistics for the current official year pursuant to the provisions of New York State Village Law § 4-402. Motion: Seconded: Vote: 13. Be it resolved, that the Second (2nd) and Fourth (4th) Tuesdays of every month are hereby designated as the Regularly Scheduled meeting nights of the Village of Pelham Board of Trustees (meetings will begin at 7:30 p.m.), except as the schedule may be otherwise amended from time to time; and Be it further resolved, that an emergency meeting of the Village Board of Trustees may be called by the Mayor upon notice to each member at least twenty-four (24) hours in advance of the start of said meeting. Such notice may be made in person, electronically or telephonically, at such e-mail addresses and telephone numbers on file with the Village Clerk. Further notice of said emergency meeting shall be given by the Village in accordance with New York State Public Officers Law § 104; and Be it further resolved, that the public notice of the time and place of the regular meetings, special meetings and work sessions of the Village Board of Trustees of the Village of Pelham as established by this Resolution, be given to the news media as required by New York State Public Officers Law, Article 7, § 104 of the State of New York and that a calendar of Board of Trustees meetings shall be forthwith posted conspicuously on the bulletin board in the lobby of the Village Hall at 195 Sparks Avenue, Pelham, New York, as well as the Village website at www.pelhamgov.com and remain conspicuously posted during the Village official year 2020-21. Page 3 Board of Trustees Organizational Meeting Tuesday, December 8, 2020 14. Be it resolved, that members of the Village Board of Trustees may participate in work sessions, board meetings, including executive sessions, by video conference in accordance with New York State Public Officers Law § 103, in cases of ill health, acknowledged hardship or significant distance of travel. No more than two board members may participate via video conference, at any one meeting. The Board member or members participating by video conference may cast a vote provided that all discussion and comments of the member or members participating in video conference can be heard by the public attending or listening to said meeting. No proxy may be granted or utilized in any vote and/or action of the Village Board of Trustees or individually by the Mayor or any Village Trustee. Motion: Seconded: Vote: DESIGNATION OF SIGNATORIES Be it resolved, that the Mayor, the Deputy Mayor, the Assistant Village Administrator/Village Treasurer, Village Clerk and the Deputy Village Treasurer are hereby authorized to sign checks on behalf of the Village of Pelham. Motion: Seconded: Vote: → DESIGNATION OF OFFICIAL DEPOSITORY OF FUNDS Be it resolved, that pursuant to New York State Village Law § 4-412 (3)(2) that JP Morgan Chase Bank, N.A., and Webster Bank, N.A. are hereby designated as depositories for the Village of Pelham respecting various accounts the Village of Pelham maintains in the ordinary course of its business. Motion: Seconded: Vote: DESIGNATION OF OFFICIAL VILLAGE NEWSPAPER Be it resolved, that the Journal News is hereby designated as the official newspaper of the Village of Pelham for the ensuing official year. Motion: Seconded: Vote: RESOLUTION ADOPTING PROCUREMENT & PURCHASING POLICY FOR FISCAL YEAR 2020-21 Whereas, New York State General Municipal Law § 104-b (4) requires the Village Board of Trustees to review its procurement policies and procedures on an annual basis; and Whereas, the Village Board of Trustees last reviewed and adopted the Procurement and Purchasing Policy on April 1, 2019, pursuant to New York State General Municipal Law § 104-b (4) Whereas, staff reviewed and discussed the Procurement and Purchasing Policy and made amendments relating to the types of purchases which are exempt from Section 11 entitled Purchase Orders. Page 4 Board of Trustees Organizational Meeting Tuesday, December 8, 2020 Now, therefore, be it resolved, that the Purchasing and Procurement Policy be adopted in accordance with the attached December 8, 2020 document, hereto referred to as “Procurement and Purchasing Policy and Procedures, Dated December 8, 2020”. Motion: Seconded: Vote: VILLAGE TRUSTEE ASSIGNMENTS & LIAISON APPOINTMENTS Note: Trustee Liaison and Committee Appointments by the Mayor do not require Board action for advice and consent by the Board, but are included here to be entered into the minutes. Departmental Liaison Roles: 1. Police Liaison == Ariel Spira-Cohen 2. Fire Liaison == Mike Carpenter 3. Sustainability == Hanan Eldahry 4. DPW/Building == Lisa Hill-Ries 5. Local Commerce == Russ Solomon 6. Arts Council == Kim McGreal Downtown Revitalization and Inter-Municipal Cooperation: 1. Mayor Mullen Topic Area Liaison Roles: Traffic and Pedestrian Safety == Ariel Spira-Cohen Public Engagement and Outreach == Russ Solomon Board of Education and Special Projects == Kim McGreal Municipal Negotiations and Contracts == Mike Carpenter Historic Restoration and Planning == Lisa Hill-Ries Liaison to Equitable Affairs == Hanan Eldahry Page 5 Village of Pelham Procurement and Purchasing Policy and Procedures PROCUREMENT AND PURCHASING POLICY and PROCEDURES Dated December 8, 2020April 1, 2020 Village of Pelham 195 Sparks Avenue Pelham, NY 10803 Approved by the Village of Pelham Board of Trustees on October 18, 2005 Amendments Approved by the Village of Pelham Board of Trustees on October 18, 2016 Amendments Approved by the Village of Pelham Board of Trustees on December 8, 2020 1 Village of Pelham Procurement and Purchasing Policy and Procedures PROCUREMENT AND PURCHASING POLICY Section 1. Purpose. As required by General Municipal Law §104-b, this policy is adopted to ensure that public money is used prudently and economically, in a manner that serves the best interests of Village residents and taxpayers. It applies to all goods and services that are not required by law to be publicly bid. Competition for purchases and services also drives down expenses for governments, and in turn taxpayers. All departments and employees should continuously make an extra effort to find new suppliers and contractors to increase competition and obtain the most competitive price and value. Section 2. Evaluation of purchase; documentation of decision. A. Every purchase to be made must be initially reviewed to determine whether it is a purchase contract or a public works or service contract. Once that determination is made, a good faith effort will be made to determine whether it is known or can reasonably be expected that the total aggregate amount to be spent on the item of supply or service is not subject to competitive bidding, taking into account past purchases and the aggregate amount to be spent. The following items are not subject to competitive bidding pursuant to §103 of the New York State General Municipal Law: 1. Purchase contracts under $20,000; 2. Public works contracts under $35,000; 3. Emergency purchases; 4. Certain municipal hospital purchases; 5. Goods purchased from agencies for the blind or severely handicapped; 6. Goods purchased from correctional institutions; 7. Purchases under state and county contracts; 8. Purchases made under contracts from other political subdivisions within the United States pursuant to Section 103(16) of the General Municipal Law, made under contract for the lowest responsible bidder; 9. Surplus and second-hand purchases from another governmental entity; 10. Leased equipment; and 11. Municipal Cooperation agreements. B. In determining whether a purchase is an expenditure within the discretionary threshold amounts established by §103, the purchaser shall consider the reasonably expected aggregate amount of all purchases of the same commodities, services or technology to be made within the twelve-month period commencing on the date of purchase. The Village Administrator will conduct periodic reviews to determine if the total purchase volume of any given item is likely to trigger the need for formal competitive bidding. C. The decision that a purchase is not subject to competitive bidding must be documented in writing by the individual making the purchase. This documentation 2 Village of Pelham Procurement and Purchasing Policy and Procedures may include written or verbal quotes from vendors, a memo from the purchaser indicating how the decision was made, a copy of the contract indicating the source which the item or service exempt, a memo from the purchaser detailing the circumstances which led to an emergency purchase or any other written documentation that is appropriate. Section 3. Solicitation of proposals and quotations. All goods and services will be secured by use of written requests or proposals, written quotations, verbal quotations, or any other method that assures that goods will be purchased at the lowest price and that favorites will be avoided, except in the following circumstances: 1. Purchase contracts $20,000 and over; 2. Public works contracts $35,000 and over; 3. Goods purchased from agencies for the blind or severely handicapped pursuant to § 175-b of the state finance law; 4. Goods purchased from correctional institutions pursuant to § 186 of the correction law; 5. Purchases under state contracts pursuant to §104 of the general municipal law: 6. Purchases under county contracts pursuant to §103 (3) of the general municipal law; or 7. Purchases pursuant to section 8 of this policy. Section 4. Estimated purchases requiring quotes or proposals. The following methods of purchase will be used when required by this policy in order to achieve highest savings: Estimated Amount of Method of Solicitation Purchase Contract $0.00 - $1,999.99 Department Head approval, no purchase order required $2,000.00 - $4,999.99 Minimum of two verbal quotes $5,000.00 - $19,999.99 Minimum of three written quotes $20,000.00 and above Sealed bids in accordance with General Municipal Law §103 3 Village of Pelham Procurement and Purchasing Policy and Procedures Estimated Amount of Method of Solicitation Public Works Contract $0.00 - $1,999.99 Department Head approval, no purchase order required $2,000.00 - $4,999.99 Minimum of two verbal quotes $5,000.00 - $19,999.99 Minimum of two written quotes $20,000.00 - $34,999.99 Minimum of three written quotes $35,000.00 and above Sealed bids in accordance with General Municipal Law §103 Section 5. Documentation required. Documentation is required of each action taken in connection with each procurement. Section 6. Good faith effort. Where a good faith effort has been made, failure to obtain the requisite number of proposals will not bar procurement, but any such purchase must be approved by the Village Administrator, and, where required, the Board of Trustees. Sole source provider of goods or services (such as the manufacturer or an agent with an exclusive franchise; a monopoly; or where no possibility of competition exists). Section 7. Award to other than the lowest bidder. Where a contract is not awarded to the lowest responsible vendor, the basis for rejecting the offer must be documented, except where such documentation is excused under Section 8 below or pursuant to Section 104-b(2)(f). A determination that the lowest vendor is not "responsible" is final and may not be challenged by the vendor. Section 8. Exceptions. Pursuant to General Municipal Law §104-b(2)(f), the procurement policy may contain circumstances when, or types of procurements for which, in the sole discretion of the governing body, the solicitation of alternative proposals or quotations will not be in the best interest of the municipality. In the following circumstances it may not be in the best interests of the Village of Pelham to solicit quotations or document the basis for not accepting the lowest bid: (1) Professional services or services requiring special or technical skill, training or expertise. The individual or company must be chosen based qualifications showing accountability, reliability, responsibility, skill, education and training, judgment, integrity, and moral worth. These qualifications are not necessarily found in the individual or company that offers the lowest price and the nature of these services are such that they do not readily lend themselves to competitive procurement procedures. 4 Village of Pelham Procurement and Purchasing Policy and Procedures In determining whether a service fits into this category the Board of Trustees shall take into consideration the following guidelines: a. Whether the services are subject to State licensing or testing requirements; b. Whether substantial formal education or training is a necessary prerequisite to the performance of the services; and c. Whether the services require a personal relationship between the individual and municipal officials. Professional or technical services shall include but not be limited to the following: services of an attorney; services of a physician; technical services of an engineer engaged to prepare plans, maps and estimates; securing insurance coverage and/or services of an insurance broker; services of a certified public accountant; investment management services; printing services involving extensive writing, editing or art work; management of municipally owned property; and computer software or programming services for customized programs, or services involved in substantial modification and customizing of pre-packaged software. (2) Emergency purchases pursuant to Section 103(4) of the General Municipal Law. Due to the nature of this exception, these goods or services must be purchased immediately and a delay in order to seek alternate proposals may threaten the life, health, safety or welfare of the residents. This section does not preclude alternate proposals if time permits. (3) Purchases of surplus and second-hand goods from any source. If alternate proposals are required, the Village is precluded from purchasing surplus and second-hand goods at auctions or through specific advertised sources where the best prices are usually obtained. It is also difficult to try to compare prices of used goods and a lower price may indicate an older product. (4) Goods or services under $2000. The time and documentation required to purchase through this policy may be more costly than the item itself and would therefore not be in the best interests of the taxpayer. In addition, it is not likely that such de minimus contracts would be awarded based on favoritism. Section 9. Purchasing of recycled products. In accordance with General Municipal Law §104-a, wherever recycled products meet contract specifications, and the price of such products are reasonably competitive, such products may be purchased. A price is "reasonably competitive" if: a. The cost of the recycled product does not exceed a cost premium of ten percent above the cost of a comparable product that is not a recycled product; or b. At least fifty percent of the secondary materials used in the manufacture of that product are generated from the waste stream in New York State, the cost 5 Village of Pelham Procurement and Purchasing Policy and Procedures of the recycled product does not exceed a cost premium of fifteen percent above the cost of a comparable product that is not a recycled product. Section 10. Payment of certain items prior to audit. Pursuant to New York State Village Law §5-524(6), the Board of Trustees authorizes the Village Administrator/Treasurer to pay the following categories of invoices in advance of regularly scheduled Board of Trustees meetings: public utility services (electric, gas, sewer, and telephone services), postage, freight, express charges, provided any such payments are presented to the Board of Trustees at their next regularly scheduled meeting for review and approval. The claimant and the officer incurring or approving the claim is jointly and severally liable for any amount disallowed by the Board of Trustees. Section 11. Purchase Orders shasing. Purchase order requisitions and purchase orders shall be required for the purchase of goods and/or services over $2000. To ensure that the Village Administrator and Village Treasurer/Treasurer knows exactly how much of any given budget appropriation remains unexpended; the availability of funds shall be verified prior to the issuance of any such purchase order requisitions or purchase orders. Purchase orders require prior authorization from either the Village Administrator, Village Treasurer or the Deputy Village Treasurer. The following types of purchases are exempt from the purchase order requirements: a. Employee personnel services paid on payroll; Formatted: List Paragraph, Numbered + Level: 1 + b. Employee benefits required by law or authorized by a collective bargaining Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" agreement or employment agreement, as well as medical examination fees; c. Employee expenses, such as conference expenses, mileage and other reimbursable expenses occurred in the performance of day-to-day duties; d. Utility bills (Con Edison, NY Power Authority, monthly telephone charges; e. Fuel and heating oil purchased under New York State; f. Postage and freight charges g. Debt service principal and interest payments; h. Service contracts for legal and professional services; i. Recurring monthly equipment lease and rental charges and annual service maintenance agreements. However, the initial acquisition of the equipment is subject to issuance of a purchase order; j. Emergency or urgent purchases for which it is not possible to issue a purchase order beforehand. Under such circumstances, appropriate documentation and explanation will be attached; and k. Refuse and Organic Waste Disposal. Formatted: Font: Helvetica Although purchase orders may not be required in these instances, it is still the responsibility of the Department Head to ensure that only those purchases of goods and services necessary to carry out the mission and functions of the Village are made, and that the best possible price is obtained. 6 Village of Pelham Procurement and Purchasing Policy and Procedures Section 12. Use of tax exempt forms. The Village of Pelham and its employees shall make every effort to ensure that purchases by the village are accompanied by a tax exempt form. Section 13. Claim for payment. After the purchase of goods and/or services, a claim for payment must be prepared by the authorized purchaser to verify services or materials were rendered or received. Section 14. Effective date; annual review. This policy shall go into effect immediately upon adoption by the Board of Trustees and will be reviewed annually. 7