Mayor & Village Board of Trustees

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. VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 11, 2021, 8:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 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. Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 2021 through May 31, 2022 9. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law, the Westchester County Administrative Code and the Code of the Village of Pelham Regarding the Adoption of the Scope for the Preparation of a Generic Environmental Impact Statement Evaluating Various Downtown Revitalization and Municipal Building Initiatives 10. Resolution Accepting the 2020-21 Annual MS-4 Report 11. Resolution Authorizing Amendment No. 2 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC 12. Other Business Recurring Items 13. Authorizing Accounts Payable 14. Authorizing Minutes of: February 9, 2021 Work Session and February 23, 2021 Work Session & Regular Meeting 15. Adjournment Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Next Regularly Scheduled BoT Meetings: May 25, 2021 June 8, 2021 All meetings start at 8:00 PM unless otherwise noted. 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 had nothing to report. Trustee Kamal Eldahry said the EnergySmart Campaign is wrapping up though there’s still time to inquire. Trustee McGreal urged residents to get out and vote for the school budget and Board of Education member election will be held on May 18th. Trustee Solomon said he is working on the graphics for the Council on the Arts. Trustee Spira-Cohen gave an update on the Pedestrian Safety and Traffic Calming Committee. Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Deputy Mayor Carpenter thanked the Pelham Preservation & Garden Society for their annual donation of our flowers hung throughout out downtown. He urged residents to support the local nonprofits especially because their funding potential was diminished by COVID-19. Item # 5 - Acting Village Administrator’s Report: Acting Village Administrator Scelza reported the temporary patching and soon-to-be replacement of the surface under the super-nova in Wolfs Lane Park. Secondly, he said he’s working with a representative from the Junior League on the replacement of the bee springer in Woodland Park. Third, he participated in a webinar through the White House Office of Inter-Government Affairs regarding guidance on the American Rescue Plan. Lastly, Acting Village Administrator Scelza gave an update on our work with Antonucci & Associates regarding Municipal Parking Lot 2. Item # 6 - Mayor’s Report Mayor Mullen said there are 8 active cases of COVID-19 in the Village. He also said Pelham House is working on schematics. Lastly, Mayor Mullen reminded residents that Municipal Parking Lot 2’s construction is a temporary fix as that location is included in the Pelham House Project. Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Item # 7 - Public Comments There were no public comments. Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Non-Recurring Items Item # 8 - Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 2021 through May 31, 2022 Whereas, the Village of Pelham is renewing Property and Casualty Insurance to provide coverage for the Village of Pelham. Property and Casualty Insurance covers: Property Including Crime; General and Law Enforcement Liability; Public Officials and Employment Practices Liability; Automobile Liability and Physical Damage; and Excess Liability; and Whereas, the Acting Village Administrator recommends renewing the Property and Casualty insurance package to Travelers Insurance Company Now, therefore, be it resolved, that the Village authorizes retention of Insurance through FOA and Son Insurance Corp., with Property and Casualty through Travelers Insurance Company and ACE Insurance Company and American Alternative Insurance Company, to provide umbrella liability coverage, at a total cost of Two Hundred Eighty-eight Thousand Nine Hundred Fifty-seven dollars ($288,957.00), not including applicable taxes, as detailed in the proposal received May 7, 2021; and Be it further resolved, that the Mayor and Acting Village Administrator are authorized to take the necessary and appropriate actions to retain coverage for the Property and Casualty Insurance to be effective June 1, 2021 through May 31, 2022. Vote Record - Item # 8 - Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, and Excess Liability) for the Period of June 1, 2021 through May 31, 2022 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Item # 9 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law, the Westchester County Administrative Code and the Code of the Village of Pelham Regarding the Adoption of the Scope for the Preparation of a Generic Environmental Impact Statement Evaluating Various Downtown Revitalization and Municipal Building Initiatives Whereas, the Village Board of Trustees is proposing the following initiatives (collectively, the “Proposed Actions”): • A new Municipal Center to consolidate and support a new Fire House, Police Headquarters, and Village Hall (collectively, the “Municipal Center”); • Conveying parcels located at 219 Fifth Avenue and Parking Lot 2 (the existing fire station site, adjacent surface parking lot, and the parking lot at the corner of Fifth Avenue and Third Street (hereafter, the “Mixed-Use Project Site” or “Pelham House”) to a private developer in furtherance of a contemplated mixed-use development consisting of approximately 6,000 sf of ground floor commercial space, and approximately 127 residential units, and a parking deck that provides approximately sixty (60) spaces for public use; • Considering amendments to the BDFZ to incentivize the provision of public parking in developments seeking inclusion in the BDFZ, including, for example, increasing the lot coverage maximum and decreasing the minimum lot area per dwelling unit requirement in the event a development includes public parking; • Considering including the Mixed-Use Project Site in the BDFZ, and a lot merger, site plan and other approvals to facilitate the Mixed-Use Project; • Implementing “complete streets” improvements at several key intersection in the Village to increase pedestrian and bicycling safety and other new mobility options; • Implementing improvements to the Village’s downtown to enhance the experience for residents, shoppers, businesses, and visitors; and • Expanding municipal parking on Parking Lot 7 (adjacent to the current Village Hall), and Parking Lot 3 at the corner of 3rd Street and Sixth Avenue (adjacent to the former Capital One Bank building). Some of the Proposed Actions will require a review and approval by the Village Board of Trustees and the involvement of the Pelham Local Development Corporation (“LDC”). The LDC’s role will include but not be limited to the involvement in the new Municipal Center and Mixed-Use Project. As such, the LDC has entered into a Local Development Agreement (“LDA”) with a developer concerning the potential construction of the Municipal Center and the potential Mixed-Use Project, dated January 7, 2021. Whereas, the Village Board of Trustees determined that the proposed actions are subject to SEQRA and that it will involve other agencies; and Whereas, the Village Board of Trustees identified the proposed actions as Type I Actions; and Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Whereas, by resolution circulated a Notice of Intent to be Lead Agency and without any objection declared itself to be the Lead Agency for the environmental review of the proposed actions, and Whereas, based upon its review of the Environmental Assessment Form (EAF) determined that the proposed actions may include the potential for one or more adverse impacts; and Whereas, based on those findings, the Village Board of Trustees adopted a Positive Declaration under SEQRA requiring the preparation of a Generic Environmental Impact Statement (GEIS) and accepted a draft Scoping Document; and Whereas, in accordance with NYSDEC 617.8, the Village Board of Trustees held a duly noticed and advertised scoping session on the draft Scoping Document on April 27, 2021 at which time all those wishing to be heard were given the opportunity to speak; and Whereas, the scoping hearing was closed on April 27, 2021 and the Village Board of Trustees accepted written comments on the draft Scoping Document through and including May 7, 2021; and Whereas, the Village Board of Trustees has reviewed a proposed final Scoping Document for the proposed actions; and Now, therefore, be it resolved, that the Village Board of Trustees, acting as Lead Agency for the proposed actions adopts the Final Scope for the preparation of a Draft Generic Environmental Impact Statement for the Proposed Actions. Vote Record - Item # 9 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA), the General Municipal Law, the Westchester County Administrative Code and the Code of the Village of Pelham Regarding the Adoption of the Scope for the Preparation of a Generic Environmental Impact Statement Evaluating Various Downtown Revitalization and Municipal Building Initiatives Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Item # 10 - Resolution Accepting the 2020-21 Annual MS-4 Report Whereas, the Village of Pelham (“Village”) has been identified as a Municipal Separate Storm Sewer System (“MS-4”) under the Environmental Protection Agency’s Regulations pursuant to the Clean Water Act of 1999; and Whereas, as part of the MS-4 permit requirements, the Village must submit an Annual Report on its efforts to protect and improve the water quality of its adjacent streams and water bodies; and Whereas, the public is invited to review the Annual Report and provide input; and Whereas, the Village’s 2020-21 report has been prepared by its consulting engineer, Dolph Rotfeld Engineering, P.C., and Whereas, the Annual Report must be submitted to the New York Department of Environmental Conservation Offices in Albany, New York by June 1, 2021. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby accepts the 2020-21 Annual M-S4 report. Vote Record - Item # 10 - Resolution Accepting the 2020-21 Annual MS-4 Report Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Item # 11 - Resolution Authorizing Amendment No. 2 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC Whereas, via resolution dated November 25, 2019 the Village Board of Trustees awarded Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection ("Contract") to Oak Ridge Hauling, LLC ("Oak Ridge"); and Whereas, due to the COVID-19 Pandemic, the Village of Pelham was in dire need to find cost savings; and Whereas, on June 9, 2020 the Village Board of Trustees authorized Amendment No. 1 to Contract # 2019-03 Garbage and Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC to decrease the collection frequency of Garbage and Trash (Bulk) which: 1. Reduced the Village's payments to Oak Ridge totaling $20,120 per month: a. $2,475 per month for reduction of Trash (Bulk) collection from once every other week to once per month; b. $2,145 per month for reduction of Organic/Yard Waste collection from once per week from April 15 through October 15 of each calendar year; c. $15,500 per month for reduction of Rear Yard Residential Garbage collection from two times per week to one time per week; Whereas, Amendment No. 1 to Contract # 2019-03 shall terminate on May 31, 2021 and upon such termination, the original pricing and collection schedule of the Contract shall be reinstated; and Whereas, the Village has negotiated a revision (beginning June 1, 2021) to its Contract with Oak Ridge which will: 1. Increase the Village's payments to Oak Ridge by the amount of: a. $2,475 per month for an increase of Trash (Bulk) collection from once per month to once every other week Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Amendment No. 2 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC for the period beginning June 1, 2021 and ending December 5, 2022. Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Vote Record - Item # 11 – Resolution Authorizing Amendment No. 2 to Contract # 2019-03 Garbage, Trash (Bulk), Recycling and Organic Waste Collection with Oak Ridge Hauling, LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Item # 12 - Other Business The Village Board of Trustees discussed the process by which applicants submit to serve on a board or committee. Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Recurring Items Item # 13 - Resolution Authorizing the Accounts Payable Trustee Kamal Eldahry audited 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 (A) $58,521.66 Capital Projects Fund (H) $51,723.30 Trust & Agency Fund (T) $1,732.00 Private Purpose Trust Fund (TE) $27.98 Grand Total $112,004.94 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 # 13 - Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 11, 2021 Item # 14 - Authorizing Minutes: February 9, 2021 Work Session & Regular Meeting Vote Record - Item # 14A - Authorizing Minutes of February 9, 2021 Work Session Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record - Item # 14B - Authorizing Minutes of February 23, 2021 Work Session Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record - Item # 14C - Authorizing Minutes of February 23, 2021 Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, May 11, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Item # 15 - Adjournment A motion was made by Trustee McGreal and seconded by Trustee Solomon to adjourn the public portion of the Village Board of Trustees at 9:45 PM to enter into Executive Session to discuss an employee agreement related to the position of Fire Chief as well as a personnel matter in the Police Department. After which time, the Village Board of Trustees would adjourn for the evening. Respectfully submitted, Cara R. Farrell, Deputy Village Clerk