Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 23, 2021, 8:00 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 Zoom. Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 Minutes 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Trustees’ Reports 5. Acting 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. Westchester County Executive, George Latimer’s COVID-19 Update 9. Resolution Authorizing Professional Services Agreement with Antonucci & Associates Architects & Engineers, LLP for Condition Assessments of Municipal Parking Lots 2 and 3 10. Resolution Establishing Energy Benchmarking Requirements for Certain Municipal Buildings 11. Other Business Recurring Items 12. Authorizing Accounts Payable 13. Authorizing Minutes of: 14. Adjournment Next Regularly Scheduled BoT Meetings: March 9, 2021 March 23, 2021 All meetings start at 8:00 PM unless otherwise noted. *The agenda is subject to change* Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Item # 1 - Meeting called to order: Mayor Mullen called the meeting to order at 8:00 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 Kamal Eldahry ☒ ☐ ☐ Trustee McGreal ☒ ☐ ☐ Trustee Solomon ☒ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Acting Village Administrator Scelza ☒ ☐ ☐ Deputy Village Clerk Farrell ☒ ☐ ☐ Item # 4 - Trustees’ Report: Trustee Hill-Ries commended the Progressive Women of Pelham on their work to highlight Black residents during Black History Month. Trustee Kamal Eldahry had nothing to report. Trustee McGreal had nothing to report. Trustee Solomon had nothing to report. Trustee Spira-Cohen mentioned the upcoming EnergySmart event on March 4 and urged residents to check it out. Deputy Mayor Carpenter had nothing to report. Item # 5 – Acting Village Administrator’s Report: Acting Village Administrator Scelza discussed the upcoming budget process and the tentative budget deadline of March 19 and the adoption deadline of May 1. He also gave an update regarding the Lincoln Avenue Bridge Project traffic switchover on February 17. Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Item # 6 - Mayor’s Report: Mayor Mullen shared information on COVID-19 vaccination assistance for seniors through the Town of Pelham including the hope for door-to-door services. He also said the third and final forum on Policing and Inclusion is coming up on Thursday at 7:00 PM. To find information visit www.pelhamgov.com. Lastly, Mayor Mullen congratulated the Pelham Chamber of Commerce President, Christina Chianese, Cantina Lobos and Depot Dave for providing a “random acts of kindness” lunch to Village Employees. Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Item # 7 - Public Comments President of the Chamber of Commerce, Christina Chianese presented current initiatives they’re working on around town. Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Non-Recurring Items Item # 8 – Westchester County Executive, George Latimer’s COVID-19 Update County Executive Latimer and New York State Senator Biaggi gave updates regarding COVID-19 as it relates to Westchester County. Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Item # 9 - Resolution Authorizing Professional Services Agreement with Antonucci & Associates Architects & Engineers, LLP for Condition Assessments of Municipal Parking Lots 2 and 3 Resolution Authorizing Professional Services Agreement with Antonucci & Associates Architects & Engineers, LLP 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 Acting Village Administrator to execute the attached Professional Services Agreement with Antonucci & Associates Architects & Engineers, LLP for Condition Assessments of Municipal Parking Lots 2 and 3 in accordance with the rule, for an amount not to exceed $7,000.00. Vote Record - Item # 9 - Resolution Authorizing Professional Services Agreement with Antonucci & Associates Architects & Engineers, LLP for Condition Assessments of Municipal Parking Lots 2 and 3 Village of Pelham Board of Trustees Regular Meeting Tuesday, February 23, 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, February 23, 2021 Item # 10 - Resolution Establishing Energy Benchmarking Requirements for Certain Municipal Buildings Resolution Establishing Energy Benchmarking Requirements for Certain Municipal Buildings Whereas, buildings are the single largest user of energy in the State of New York. The poorest performing buildings typically use several times the energy of the highest performing buildings—for the exact same building use; and Whereas, collecting, reporting, and sharing building energy data on a regular basis allows municipal officials and the public to understand the energy performance of municipal buildings relative to similar buildings nationwide, and equipped with this information the Village of Pelham is able to make smarter, more cost- effective operational and capital investment decisions, reward efficiency, and drive widespread, continuous improvement; and Whereas, the Board of Trustees of the Village of Pelham desires to use Building Energy Benchmarking - a process of measuring a building’s energy use, tracking that use over time, and comparing performance to similar buildings - to promote the public health, safety, and welfare by making available good, actionable information on municipal building energy use to help identify opportunities to cut costs and reduce pollution in the Village of Pelham; and Whereas, the Board of Trustees of the Village of Pelham desires to establish procedure or guideline for the Village of Pelham staff to conduct such Building Energy Benchmarking. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the following specific policies and procedures; BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES §1. DEFINITIONS (1) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein defined including descriptive information about the physical building and its operational characteristics. (2) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use, tracking that use over time, and comparing performance to similar buildings. (3) “Commissioner” shall mean the head of the Department. (4) “Covered Municipal Building” shall mean a building or facility that is owned or solely occupied by the Village of Pelham that is 1,000 square feet or larger in size or deemed applicable by the Commissioner. (5) “Department” shall mean the Village Administrator’s Office. (6) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as reflected in Utility bills or other documentation of actual Energy use. Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 (7) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that compares the Energy usage of the building to that of similar buildings. (8) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square foot of gross floor area. (9) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any use or occupancy. (10) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool developed and maintained by the United States Environmental Protection Agency to track and assess the relative Energy performance of buildings nationwide, or successor. (11) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings. (12) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a property under 30-year average temperatures, accounting for the difference between average temperatures and yearly fluctuations. §2. APPLICABILITY (1) This policy is applicable to all Covered Municipal Buildings as defined in Section 1 of this policy. (2) The Commissioner may exempt a particular Covered Municipal Building from the benchmarking requirement if the Commissioner determines that it has characteristics that make benchmarking impractical. §3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS (1) No later than June 1, 2021, and no later than May 31 every year thereafter, the Commissioner or his or her designee from the Department shall enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along with all other descriptive information required by Portfolio Manager for the previous calendar year. (2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the Commissioner or his or her designee from the Department shall begin inputting data in the following year. §4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION (1) The Department shall make available to the public on the internet Benchmarking Information for the previous calendar year: (a) no later than September 1, 2021 and by September 1 of each year thereafter for Covered Municipal Buildings; and (2) The Department shall make available to the public on the internet and update at least annually, the following Benchmarking Information: (a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information; and (b) For each Covered Municipal Building individually: (i) The status of compliance with the requirements of this Policy; and Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 (ii) The building address, primary use type, and gross floor area; and (iii) Annual summary statistics including energy use intensity (EUI), annual greenhouse gas emissions, and an energy performance score where available; and (iv) A comparison of the annual summary statistics (as required by Section 4(2)(b)(iii) of this Policy) across calendar years for all years since annual reporting under this Policy has been required for said building. §5. MAINTENANCE OF RECORDS The Department shall maintain records as necessary for carrying out the purposes of this Policy, including but not limited to Energy bills and other documents received from tenants and/or utilities for solely buildings solely occupied by the Village. Such records shall be preserved by the Department for a period of three (3) years. §6. ENFORCEMENT AND ADMINISTRATION (1) The Commissioner or his or her designee from the Department shall be the Chief Enforcement Officer of this Policy. (2) The Chief Enforcement Officer of this Policy may promulgate regulations necessary for the administration of the requirements of this Policy. (3) The Department shall make this Policy available to the public on the internet Benchmarking Information for the previous calendar year: (a) No later than September 1, 2021 and by September 1 of each year thereafter for Covered Municipal Buildings; and (b) The Chief Enforcement Officer shall submit a report to the Village Board of Trustees including but not limited to summary statistics on Energy consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information, a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the Commissioner determined to be exempt from the benchmarking requirement and the reason for the exemption, and the status of compliance with the requirements of this Policy. §7. EFFECTIVE DATE This policy shall be effective immediately upon passage. §8. SEVERABILITY The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. Vote Record - Item # 10 - Resolution Establishing Energy Benchmarking Requirements for Certain Municipal Buildings Village of Pelham Board of Trustees Regular Meeting Tuesday, February 23, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Amended Deputy Mayor Carpenter ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Item # 11 - Other Business Budget dates were discussed but nothing was confirmed. Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Recurring Items Item # 12 – Resolution Authorizing the Accounts Payable Trustee McGreal 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 Acting Village Administrator and Deputy Village Treasurer: Fund Name: Amount General Fund $408,357.99 Capital Projects Fund $5,088.78 Grand Total $413,446.77 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 # 12 - Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, February 23, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Amended Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee McGreal ☒ ☐ ☐ ☐ Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 23, 2021 Item # 13 - Authorizing Minutes: There were no minutes up for approval. Item # 14 - Adjournment The Village Board of Trustees meeting was adjourned at 9:30 PM with a motion by Trustee Eldahry seconded by Trustee Solomon. The vote passed 7-0. Respectively submitted, Cara R. Farrell, Deputy Village Clerk