Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JANUARY 12, 2021, 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/616407301 You can also dial in using your phone. United States: +1 (646) 749-3122 Access Code: 616-407-301 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. Resolution Appointing Planning Board Member 9. Resolution Calling for a Public Hearing on Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c 10. Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for Condition Assessments of Municipal Parking Lots 2 and 3 11. Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for the Remediation of Young Avenue Field 12. Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association Regarding Vision Insurance 13. Resolution Amending & Renewing a Shared Service Agreement for Waste & Recycling Communications Platform 14. Discussion on the Addition of Work Sessions 15. Other Business Recurring Items 16. Authorizing Accounts Payable 17. Authorizing Minutes of: 18. Adjournment Next Regularly Scheduled BoT Meetings: January 26, 2021 February 9, 2021 Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 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 7:30 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the Pledge of Allegiance. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Trustee Greco ☒ ☐ ☐ Trustee Hill-Ries ☒ ☐ ☐ Trustee Kamal Eldahry ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Deputy Village Clerk Farrell ☒ ☐ ☐ Item # 4 - Trustees’ Report: Trustee Hill-Ries had nothing to report. Trustee Eldahry had nothing to report. Trustee McGreal had nothing to report. Trustee Solomon had nothing to report. Trustee Spira-Cohen had nothing to report. Deputy Mayor Carpenter had nothing to report. Item # 5 - Village Administrator’s Report: Village Administrator Small gave an update on the Lincoln Avenue Bridge Project and mentioned travel advisories will be posted. He also said staff has been working on the Public Employer Health Emergency Plan. Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 6 - Mayor’s Report: Mayor Mullen shared a COVID-19 update and urged senior citizens to call the Town of Pelham’s Recreation Department at 914-738-0153 to learn about how to sign up for a vaccine or general information relating to COVID-19. He also said the proposed project, Pelham House approved their financial agreement with the Village and the Local Development Corporation (LCD). Mayor Mullen said the Steering Committee on Policing & Inclusion’s meetings are going well and the three community forums will be held in the coming weeks. Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 7 - Public Comments Bernadette Ferguson of 208 Young Avenue and Sarah Whitney of 214 Young Avenue presented opposition to the sale of a portion of Village-owned land abutting 155 Harmon Avenue and Young Avenue Field including a letter signed by six addresses in the surrounding area. Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Non-Recurring Items Item # 8 - Resolution Appointing Planning Board Member Resolution Appointing Planning Board of Appeals Member Be it resolved, to fill a vacancy, Ronald Diaz of 173 Sparks Avenue, is hereby appointed as a member of the Planning Board expiring January 12, 2026, or until such time as a successor is appointed. Vote Record - Item # 8 - Resolution Appointing Planning Board Member Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 9 - Resolution Calling for a Public Hearing on Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c Resolution Calling for a Public Hearing on Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to override the limit on the amount of real property taxes that may be levied by the Village of Pelham pursuant to General Municipal Law §3-c, and to allow the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2021 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (“SEQRA”). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, January 26, 2021 at 7:30 pm or soon thereafter on a proposed local law to override the real property tax levy limit established in General Municipal Law §3-c and this meeting will be held virtually on GoToMeeting and members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the meeting at: https://global.gotomeeting.com/join/616407301 United States: +1 (646) 749-3122 Access Code: 616-407-301 Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Vote Record - Item #9 - Resolution Calling for a Public Hearing on Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal Second ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 10 - Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for Condition Assessments of Municipal Parking Lots 2 and 3 Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for Condition Assessments of Municipal Parking Lots 2 and 3 Whereas, effective August 29, 2018, the Department of State adopted a rule that amends Parts 1202, 1203, and 1204 of Title 19 of the New York Codes, Rules and Regulations requiring cities, towns, villages, counties and State agencies that are responsible for administering and enforcing the New York State Uniform Fire Prevention and Building Code (the Uniform Code) to require the owners of parking garages to have periodic condition assessments of those parking garages performed by qualified engineers; and Whereas, the condition assessment will check for insufficiencies of the structure including deterioration, weakening, corrosion and all structural elements and building components. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes this Professional Services Agreement with H2M Architects and Engineers for Condition Assessments of Municipal Parking Lots 2 and 3 in accordance with the rule, for an amount not to exceed $18,500.00. Vote Record - Item # 10 - Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for Condition Assessments of Municipal Parking Lots 2 and 3 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter ☐ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☐ ☐ ☐ ☐ Trustee Solomon ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 11 - Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for the Remediation of Young Avenue Field Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for the Remediation of Young Avenue Field Whereas, in 1935 the Village of Pelham acquired a property from the New York Westchester and Boston Railway, here forth known as Young Avenue Field; and Whereas, since the property was previously utilized for railroad operations, it was suspected that abandoned vaults or other structures might be present throughout the site that could potentially cause additional sinkholes on the property; and Whereas, in August of 2018, upon completion of an inspection of the site and determination that the sinkholes are the result of soil migrating under a previously elevated concrete slab, supported by piers that had been buried when the railroad line that previously ran through the property was abandoned, Interim Village Administrator Chris Scelza distributed a memo to the Village Board of Trustees regarding Young Avenue Field’s sinkhole, retained an engineer to investigate the sinkhole and Ground Penetrating Radar Systems, Inc. (“GPRS”) to conduct a subsurface investigation of the entire park to detect possible additional voids that may need to be addressed; and Whereas, both engineering firms found large concrete slabs appearing to be the remnants of an elevated platform and to address all foreseen problems was estimated to cost $150,000.00 - $200,000.00; and Whereas, funding is available in the Village’s FY2019-20 Capital Budget. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes this Professional Services Agreement with H2M Architects and Engineers for the remediation of Young Avenue Field, for an amount not to exceed $31,600.00. Vote Record - Item # 11 - Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for the Remediation of Young Avenue Field Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter ☐ ☐ ☐ ☐ ☒Tabled Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☐ ☐ ☐ ☐ Trustee Solomon ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 12 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association Regarding Vision Insurance Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association Regarding Vision Insurance Whereas, the Village and Local 2213 are parties to a Collective Bargaining Agreement effective from June 1, 2005 to May 31, 2009, which agreement was entered into on or about January 17, 2006, and amended on or about February 7, 2006, and was subject to further modifications by a Consent Award, last dated March 14, 2012, an Award, dated March 23, 2013, a Memorandum of Agreement, dated July 1, 2014, and a Memorandum of Agreement, dated October 25, 2016, and a Memorandum of Agreement, dated March 8, 2019, and a Memorandum of Agreement, dated February 11, 2020. Said Collective Bargaining Agreement and modifying agreements and awards shall collectively be referred to herein as the “CBA”; and Whereas, the CBA does not include certain provisions concerning vision insurance and Local 2213 is desirous to amend the CBA to include vision insurance; and Whereas, this new Section providing that Employee(s) can elect to enroll in the Civil Service Employees Association Gold 12 Vision Care Plan assuming one hundred percent (100%) of the vision insurance premium for individual or dependent coverage via payroll deduction under the Village’s cafeteria plan established under Section 125 of the Internal Revenue Code and if an employee decides not to enroll in the vision insurance coverage there shall be no payroll deduction for said coverage. Now, therefore, be it resolved, that the Memorandum of Agreement between the Village and the PPFA dated January 12, 2021 regarding vision insurance is hereby approved; and Be it further resolved, that the Mayor is hereby authorized to execute a Memorandum of Agreement with the Pelham Professional Firefighters Association to incorporate vision insurance. Vote Record - Item # 12 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association Regarding Vision Insurance Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal Second ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 13 - Resolution Amending & Renewing a Shared Service Agreement for Waste & Recycling Communications Platform Resolution Amending & Renewing a Shared Service Agreement for Waste & Recycling Communications Platform Whereas, on March 10, 2020, the Village of Pelham passed a resolution authorizing a shared service intermunicipal agreement for a New York State Department of Environmental Conservation Grant for “Recycling App”; and Whereas, in order to increase sustainability of natural resources and to encourage progress toward the goal of improving efforts to recycling municipal waste, Sustainable Westchester negotiated a shared service agreement for Recycle Right!, an app syncing information and DPW schedules, that is customizable for each municipality; and Whereas, the Village of Tarrytown acts as lead entity on behalf of a group of municipalities in Westchester County for said App. Now, therefore, be it resolved that the Mayor is hereby authorized to amend and renew a shared service agreement for waste & recycling communications platform Vote Record - Item # 13 - Resolution Amending & Renewing a Shared Service Agreement for Waste & Recycling Communications Platform Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 14 - Discussion on the Addition of Work Sessions The concept of work sessions is to grant the legislative body time to discuss all potential decisions prior to voting on related resolutions in a regular meeting setting. Doing so, allows all Trustees time to understand what is being presented to them and therefore voting equipped with all related knowledge. Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Item # 15 – Other Business There was no other business. Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 Recurring Items Item # 16 - Authorizing the Accounts Payable Deputy Mayor Carpenter 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 $148,093,03 Trust & Agency Fund $16,445.00 Grand Total $164,538.03 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 - Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal Second ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 12, 2021 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, January 12, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ The public portion of the Village Board of Trustees meeting was adjourned at 9:15 PM to enter into Executive Session to discuss negotiations and two personnel matters. After which time, the Village Board of Trustees would adjourn for the evening. Respectively submitted, Cara R. Farrell, Deputy Village Clerk