Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JANUARY 26, 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/743750829 You can also dial in using your phone. United States: +1 (872) 240-3212 Access Code: 743-750-829 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 Sustainability Advisory Board - Annual Report 9. Resolution Appointing Sustainability Advisory Board Member 10. Public Hearing on Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 11. Resolution Adopting Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 12. Resolution Authorizing Inter-Municipal Agreement with Westchester County for Residential Food Scrap Transportation and Disposal Program 13. Resolution Authorizing Inter-Municipal Agreement with the Village of Pelham Manor for Food Scrap Beneficial Reuse Program 14. Resolution Authorizing Professional Services Agreement with H2M Architects and Engineers for the Remediation of Young Avenue Field (tabled from 1/21/2021) 15. Discussion on Amendments to Chapter 93 (Trees) of the Code of the Village of Pelham 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: October 27, 2020, November 10, 2020, November 24, 2020 & December 8, 2020 (Organizational Meeting) 19. Adjournment Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 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 Hill-Ries ☒ ☐ ☐ Trustee Eldahry ☒ ☐ ☐ Trustee McGreal ☒ ☐ ☐ Trustee Solomon ☒ ☐ ☐ 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 gave an update regarding the approved (electric vehicle) EV-chargers. Trustee McGreal had nothing to report. Trustee Solomon said the Chamber of Commerce is planning to coordinate with local businesses to hand out valentines to first responders. Trustee Spira-Cohen had nothing to report. Deputy Mayor Carpenter discussed the potential for property improvements on MTA land behind Lot 1 on First Street. Item # 5 - Village Administrator’s Report: Village Administrator Small gave an update regarding the Lincoln Avenue Bridge Project and reported his resignation effective April 1, 2021. Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 6 - Mayor’s Report: Mayor Mullen addressed the climbing COVID-19 cases. He also gave updates regarding the proposed Pelham House project, the Steering Committee on Policing & Inclusions and the upcoming switch to Zoom instead of GoToMeeting for broadcasting our Village Board of Trustee and other board/committee meetings. Item # 7 - Public Comments Shawn Briedbart of 336 Eighth Avenue questioned the progress of changing the name of Wolfs Lane Park and leaf blower legislation. Dan Bollin of 44 Clifford Avenue asked about the upcoming Residential Food Scrap Recycling Program. Maryanne Joyce of 142 Nyac Avenue advocated for the upcoming EnergySmart meeting on February 4. Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Non-Recurring Items Item # 8 – Presentation by Sustainability Advisory Board - Annual Report Co-chairs of the Sustainability Advisory Board, Yenna Chen and Gabrielle Sasson presented the annual report as required by the Code of the Village of Pelham. Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 9 – Resolution Appointing Sustainability Advisory Board Member Resolution Appointing Sustainability Advisory Board Member Whereas, Kevin Healy, tendered his resignation as a member of the Village of Pelham Sustainability Advisory Board on September 4, 2020. Now, therefore, be it resolved, that Anna Riehl of 39 First Street, is hereby appointed as a member of the Sustainability Advisory Board expiring December 31, 2021, or until such time as a successor is appointed. Vote Record - Item # 9 - Resolution Appointing Sustainability Advisory Board Member Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 26, 2021 Item # 10 – Public Hearing on Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Vote Record - Item # 10A – Motion to Open 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 26, 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 ☒ ☐ ☐ ☐ Vote Record - Item # 10B - Motion to Close 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 26, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The Public Hearing opened at 8:30 PM and closed at 8:31 PM as there were no public comments. Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 11 – Resolution Adopting Local Law No. 1 of 2021 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Resolution Adopting 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 is therefore not subject to the requirements of the State Environmental Quality Review Act (“SEQRA”) and; 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 January 26, 2021 at or about 7:30 p.m. virtually on GoToMeeting and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 1 of 2021 of the Village of Pelham which allows 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; 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 11 - Resolution Adopting 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 26, 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 26, 2021 Item # 12 - Resolution Authorizing Inter-Municipal Agreement with Westchester County for Residential Food Scrap Transportation and Disposal Program Resolution Authorizing Inter-Municipal Agreement with Westchester County for Residential Food Scrap Transportation and Disposal Program Whereas, the Westchester County Department of Environmental Facilities completed a Food Waste Recycling Study in January 2020, having quantified significant financial and environmental benefits in connection with expanded food scrap recycling, an initiative first championed locally by Scarsdale’s Conservation Advisory Council; and Whereas, Westchester County is seeking to maximize the benefits of food scrap recycling by growing community participation through lowering program food scrap tipping and transportation costs, a savings achievable through partnership and associated economies of scale; and Whereas, Westchester County requires the execution of an Inter-Municipal Agreement to participate in the Residential Food Scrap Transportation and Disposal Program, which staff and the Sustainability Advisory Board enthusiastically support. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the Inter-Municipal Agreement between the Village of Pelham and Westchester County to participate in the Residential Food Scrap Transportation and Disposal Program. Vote Record - Item # 12 - Resolution Authorizing Inter-Municipal Agreement with Westchester County for Residential Food Scrap Transportation and Disposal Program Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 ☒ ☐ ☐ ☐ Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 13 – Resolution Authorizing Inter-Municipal Agreement with the Village of Pelham Manor for Food Scrap Beneficial Reuse Program Resolution Authorizing Inter-Municipal Agreement with the Village of Pelham Manor for Food Scrap Beneficial Reuse Program Whereas, the Village of Pelham and Village of Pelham Manor desire to share services to improve local government efficiency; and Whereas, food scraps represent one of the largest components of solid waste that is transported to Westchester County; and Whereas, as part of a broader commitment to sustainability, the Villages of Pelham and Pelham Manor desire to work together to establish a program that would divert food scraps from the solid waste stream for beneficial reuse; and Whereas, both parties desire to create an Inter-municipal Agreement that allows Pelham Manor residents to use the Pelham’s food waste drop-off site located in the rear of 195 Sparks Avenue. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the Mayor to execute an inter-municipal agreement between the Village of Pelham and the Village of Pelham Manor for a Food Scrap Recycling Program. Vote Record - Item # 13 - Resolution Authorizing Inter-Municipal Agreement with the Village of Pelham Manor for Food Scrap Beneficial Reuse Program Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 14 – 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 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 # 14 - 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 26, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Amended Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 15 - Discussion on Amendments to Chapter 93 (Trees) of the Code of the Village of Pelham Trustee Eldahry and Sustainability Advisory Board Members led a discussion around Chapter 93 (Trees) of the Code of the Village of Pelham. Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 16 - Other Business Mayor Mullen said the work sessions will begin at 7:00 PM followed by an 8:00 Regular Meeting. A motion was made by Deputy Mayor Carpenter and seconded by Trustee Solomon to approve the change in start time of the Regular Meeting and add a Work Session. Deputy Mayor Carpenter and Trustee Solomon presented the idea of incorporating use variances as allowed uses in parts of our Zoning Code. Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Hill-Ries 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 $164,538.06 Grand Total $164,538.06 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 # 17 - Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Amended Deputy Mayor Carpenter o☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 26, 2021 Item # 18 - Authorizing Minutes of October 27, 2020, November 10, 2020, November 27, 2020, December 15, 2020 (Organizational Meeting) Vote Record - Item # 18A - Authorizing Minutes of October 27, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 ☐ ☐ ☐ ☐ Vote Record - Item # 18B - Authorizing Minutes of November 10, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 ☐ ☐ ☐ ☐ Vote Record - Item # 18C - Authorizing Minutes of November 24, 2020 Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 ☐ ☐ ☐ ☐ Vote Record - Item # 18D - Authorizing Minutes of December 15, 2020 (Organizational Meeting) Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 26, 2021 Item # 19 – Adjournment Vote Record - Item # 19 - Adjournment Village of Pelham Board of Trustees Regular Meeting Tuesday, January 26, 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 ☐ ☐ ☐ ☐ The Village Board of Trustees called the meeting to close at 9:40 PM. There was no Executive Session. Respectively submitted, Cara R. Farrell, Deputy Village Clerk