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 25, 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. Presentation of Meritorious Unit Citation - Fire Department 9. Mayor’s Commendation for Retiring Fire Chief James DiNapoli 10. Resolution Authorizing the Promotion of a Fire Captain to Fire Chief in the Village of Pelham Fire Department 11. Sustainable Westchester’s EnergySmart Homes Community Campaign Update 12. Resolution Authorizing Clean Energy Consulting Agreement (Electrical Vehicle Charging Stations) between EarthKind Energy and the Village of Pelham 13. Resolution Adopting Council on the Arts Guidelines 14. Resolution Authorizing the Temporary Shoring of Municipal Parking Lot 02 on an Emergency Basis 15. Resolution Modifying Fee Schedule for Building Permits 16. Resolution Authorizing Parking Utilization Study 17. Other Business Recurring Items 18. Authorizing Accounts Payable 19. Authorizing Minutes of: 20. Adjournment Next Regularly Scheduled BoT Meetings: Village Board of Trustees Regular Meeting Tuesday, May 25, 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 had nothing to report. Trustee Kamal Eldahry said the Climate Smart Communities Task Force is working on completing high impact action items under the Clean Energy Communities Program which will designate us eligible for grants related to sustainable initiatives. Additionally, she mentioned the EV Charging Stations and the progress on that project. Trustee McGreal had nothing to report. Trustee Solomon had nothing to report. Trustee Spira-Cohen announced an opening for the part-time position of School Crossing Guard and to apply at the Pelham Police Department at 34 Fifth Avenue. She also said the Police Department received their second hybrid patrol car. Deputy Mayor Carpenter had nothing to report. All Trustees congratulated the Fire Department as a whole and thanked the retiring Chief for his service. Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 5 – Acting Village Administrator’s Report: Acting Village Administrator Scelza reported that Con Edison will be working in the coming weeks to install new gas lines down Eighth Avenue between Sixth Street and Park Place. He also noted the travel advisory for the demolition of the existing bridge between June 5th and June 7th related to the Lincoln Avenue Bridge Project. Item # 6 - Mayor’s Report Mayor Mullen reported on COVID-19 and the high vaccination rates. He also congratulated the retiring and incoming Fire Chief. Item # 7 - Public Comments Shaun Briedbart of 336 Eighth Avenue inquired about the leaf blower policy and the possibility of changing the name of Wolfs Lane Park. Maryanne Joyce of 142 Nyac Avenue asked what can be done about the clear-cutting on Metro-North Railroad property. Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Non-Recurring Items Item # 8 - Presentation of Meritorious Unit Citation - Fire Department Fire Chief DiNapoli and Fire Captain Benkwitt recognized Firefighters John Viggiano, Michael Mullen and Anthony Morello for their actions and efforts during the recent water-rescue in the Hutchinson River rescue on April 23, 2021. Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 9 - Mayor’s Commendation for Retiring Fire Chief James DiNapoli Mayor Mullen presented a commendation for retiring Fire Chief DiNapoli and thanked him for his years of high-quality service to our residents and community. Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 10 - Resolution Authorizing the Promotion of a Fire Captain to Fire Chief in the Village of Pelham Fire Department Whereas, the current Fire Chief James DiNapoli duly notified the Mayor and Village Board of Trustees of his intent to retire on May 29, 2021. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotion of Robert Benkwitt III of Stamford, CT to the position of Fire Chief from Westchester County Civil Service Eligible List # 73-610, effective Saturday, May 29, 2021 at an annual salary of $143,000.00 subject to the requirements of Westchester County Civil Service for a probationary period of one (1) year; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Employment Agreement, attached hereto, including the terms, conditions, expectations, duties and responsibilities of the position of Fire Chief; and Be it further resolved, that the Mayor is herein authorized to execute said Employment Agreement dated May 29, 2021 between the Village of Pelham and Robert Benkwitt III. Vote Record - Item # 10 – Resolution Authorizing the Promotion of a Fire Captain to Fire Chief in the Village of Pelham Fire Department Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 11 - Sustainable Westchester’s EnergySmart Homes Community Campaign Update Lauren Brois of Sustainable Westchester presented the recently formed EnergySmart Homes Community Campaign and gave an overview of the potential it has here in Pelham. Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 12 - Resolution Authorizing Clean Energy Consulting Agreement (Electrical Vehicle Charging Stations) Between EarthKind Energy and the Village of Pelham Whereas, on December 10, 2019 the Village Board of Trustees adopted a resolution encouraging the use and replacement of Village Fleet Vehicles with Hybrids and Electric Vehicles and Adopting the installation of EV Stations in Municipal Lots; and Whereas, on March 10, 2020 the Village Board of Trustees passed a resolution Authorizing Ron Kamen of EarthKind Energy to write and submit five (5) New York State Department of Conservation (NYSDEC) Zero Emission Vehicle (ZEV) grant applications; and Whereas, on February 12, 2021 the Village of Pelham received a letter from the Office of the Commissioner of the NYSDEC stating the Village of Pelham has been awarded a total rebate of $212,604.62 for the submitted five (5) New York State Department of Conservation (NYSDEC) Zero Emission Vehicle (ZEV) grant applications; and Whereas, “Project Management” as described in Attachment B-1: Expenditure Based Budget Contractual Services Detail, includes costs for services rendered to the project under a formal or written agreement such as direct provision of services by contractual arrangement (i.e. EarthKind Energy). Now, therefore be it resolved, that the Mayor is hereby authorized to take the necessary and appropriate actions to execute said Consulting Agreement between EarthKind Energy and the Village of Pelham including the payment of not more than $49,920. Vote Record - Item # 12 - Resolution Authorizing Clean Energy Consulting Agreement (Electrical Vehicle Charging Stations) Between EarthKind Energy and the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 13 - Resolution Adopting Council on the Arts Guidelines Whereas, on October 27, 2020 the Board of Trustees of the Village of Pelham passed Local Law No. 4 of 2020 creating Chapter 77A of the Code of the Village of Pelham concerning the creation of the Village of Pelham Council on the Arts; and Whereas, the mission statement of the Council on the Arts is to facilitate opportunities for creative expression which promote inclusion and connect our community through diverse and engaging public art, performance, humanities and media platforms; and Whereas, according to subsection B of § 77A-4 Duties and Responsibilities, the guidelines and procedures to be promulgated by the Arts Council pursuant to Subsection A of this section shall be filed with the Village Clerk within ninety (90) days of the effective date of this chapter and shall not become effective until reviewed and approved by the Village Board. Any additions, deletions, or changes to the approved guidelines and procedures shall be filed with the Village Clerk and shall not become effective until reviewed and approved by the Village Board of Trustees. Now, therefore be it resolved, that the Mayor and Board of Trustees approve the Village of Pelham Council on the Arts Guidelines attached herein. Vote Record - Item # 13 - Resolution Adopting Council on the Arts Guidelines Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 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 25, 2021 Item # 14 - Resolution Authorizing the Temporary Shoring of Parking Lot 2 on an Emergency Basis Whereas, in 2018, New York State mandated the completion of a Parking Structure Condition Assessment & Report at least every three years by a qualified, professional engineer; and Whereas, the new regulation places the burden of establishing, administering, and enforcing the parking garage assessment program on the local authority having jurisdiction; and Whereas, on January 12, 2021 the Village of Pelham requested proposals for a professional services agreement for Condition Assessment Reports for Municipal Parking Lots 2 & 3; and Whereas, upon receipt of multiple proposals, the Village moved forward with Antonucci & Associates Architects & Engineers, LLP of Pelham, New York to fulfill this request; and Whereas, on April 26, 2021 the Village of Pelham received the completed Condition Assessment Report providing a detailed overview of survey conditions of Municipal Parking Lot 2 declaring it unsafe by requiring numerous immediate actions and correction requirements; and Whereas, Village staff including department heads met with representatives from Antonucci & Associates Architects & Engineers, LLP to determine the best plan of action for the relocation of all Municipal Parking Lot 2 Permit Holders prior to construction. Whereas, in order to expedite the work, the Village must utilize the emergency procurement process specified in §103(4) of the New York State General Municipal Law which allows for the waiving of competitive bids under circumstances where the public health and general welfare of the municipalities residents is threatened and immediate action is required which cannot wait competitive bidding. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham pursuant to §103(4) of the New York State General Municipal Law declares an emergency and authorizes the Acting Village Administrator to execute the attached proposal with Specialty Construction System, Inc. of Mount Vernon, NY in the amount of $83,050 for the temporary shoring of Parking Lot 2; and Be it further resolved, that the Mayor and Acting Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution; and Be it further resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Acting Village Administrator/Village Treasurer to modify the 2020-21 Budget by making the following budget amendment. Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 From: General Fund Revenue Account No. Account Description Amount A.4000 Appropriated Fund Balance $83,050.00 To: General Fund Expense Account No. Account Description Amount A.5650.400 Off-Street Parking Contractual Services $83,050.00 Vote Record - Item # 14 - Resolution Authorizing the Temporary Shoring of Parking Lot 2 on an Emergency Basis Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 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 ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 15 - Resolution Modifying Fee Schedule for Building Permits Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the modification of the Fee Schedule as outlined in the attached agenda memo for Building Permits upon the recommendation of the Superintendent of Public Works/Building Inspector effective June 1, 2021. Item Chapter Fee Amount Last Revised Building Permit § 34 $250 per $0-$5,000 6/1/2021 (includes Tanks, Fuel value of work; $15 per Tank Installation or each additional $1,000 Removal, HVAC, in value of work with Demolition, etc.) the requirement to substantiate cost of work upon completion Vote Record - Item # 15 - Resolution Modifying Fee Schedule for Building Permits Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 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 25, 2021 Item # 16 - Resolution Authorizing Parking Utilization Study Whereas, the Village Board of Trustees, acting as lead agency has agreed to undertake the preparation of a Draft Generic Environmental Impact Statement (DGEIS) evaluating various downtown revitalization and municipal building initiatives; and Whereas, in relation to the recently approved Scope for Generic Environmental Impact Statement “Village of Pelham Downtown Restoration Initiatives”, the Village would like to conduct a parking utilization study to focus on ways to mitigate the impact of lost spaces due to the impending closure of Municipal Lot 2 and to identify efficiencies in connection with the Village’s Proposed Downtown Restoration Initiatives. Specifically, the initiatives that would be included in the parking and traffic study include a parking study and a traffic circulation review. Now, therefore be it resolved, that the Mayor and Acting Village Administrator are authorized to take the necessary and appropriate actions to proceed with the Parking and Traffic Circulation Study Proposal through Sam Schwartz in an amount not to exceed $50,000.00 to be charged to Capital Projects Fund Account No. H.5989.400. Vote Record - Item # 16 - Resolution Authorizing Parking Utilization Study Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 2021 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 17 - Other Business Resolution Approving Street Closure for a Memorial Day Event on Monday, May 31, 2021 Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the closing of Fifth Avenue between First and Second Streets on Monday, May 31, 2021 from 11:00 a.m. to 1:00 p.m. for a Memorial Day Event; and Be it further resolved, that the Board of Trustees of the Village of Pelham authorize the appropriate Village officials and staff to take the necessary and appropriate actions to allow this event to take place. Vote Record - Item # 17A – Resolution Approving Street Closure for a Memorial Day Event on Monday, May 31, 2021 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 2021 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Recurring Items Item # 18 - Resolution Authorizing the Accounts Payable Trustee McGreal 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) $136,629.05 Capital Projects Fund (H) $53,970.15 Trust & Agency Fund (T) $17,590.22 Private Purpose Trust Fund (TE) $0.00 Grand Total $208,189.42 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 # 18 - Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, May 25, 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 ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 25, 2021 Item # 19 - Authorizing Minutes: No minutes to be approved. Item # 20 - Adjournment Mayor Mullen gave a speech noting the one-year anniversary of the death of George Floyd. The public portion of the Village Board of Trustees meeting was adjourned at 9:35 PM with a motion by Trustee Kamal Eldahry and seconded by Trustee Hill-Ries. Respectfully submitted, Cara R. Farrell, Deputy Village Clerk