Mayor & Village Board of Trustees

Pursuant to Part E of Chapter 417 of the Laws of 2021 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 MINUTES TUESDAY, OCTOBER 26, 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 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Approving Special Event Request and Street Closure for the Colonial Fall Festival 9. Public Hearing on Local Law No. 4 of 2021 to Opt-Out of Allowing Adult-Use Retail Cannabis Dispensaries to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 10. Public Hearing on Local Law No. 5 of 2021 to Opt-Out of Allowing Adult-Use On-Site Cannabis Consumption Establishments to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 11. Resolution Authorizing the Award of Contract # 2021-04 Young Avenue Field Sinkhole Remediation (bid deadline and opening 10/13/21, 10:00 a.m.) 12. Other Business: Discussion on Fire Department Vehicle Purchase Recurring Items 13. Authorizing Accounts Payable 14. Authorizing Minutes of: N/A 15. Adjournment Next Regularly Scheduled BoT Meetings: Tuesday, November 9, 2021 Tuesday, November 23, 2021 *The Agenda is subject to change* Village Board of Trustees Regular Meeting Tuesday, October 26, 2021 Item # 1 - Meeting Called to Order: Meeting was called to order at 7:59 pm Item # 2 - Pledge of Allegiance: The pledge of allegiance was led by the Mayor at 7:59 pm 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 ☐ ☐ ☒ Village Administrator Scelza ☒ ☐ ☐ Deputy Village Clerk Farrell ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Trustee Hill-Ries made an announcement that the last Pelham Market was a success. Trustee Kamal Eldahry was not present. Trustee McGreal said that random testing in school only resulted in 1 positive case. Trustee Solomon applauded Laren Dunkleburn Premiere Studio. Trustee Spira-Cohen made an announcement that the Village is canvassing for police officers and that agility test will take place in November. Deputy Mayor Carpenter had nothing to report. Item # 5 - Village Administrator’s Report: Announced that there was a pre-construction bid award meeting for all three contracts today. CCTV sewer cleaning and inspection, manhole and smoke testing. Item # 6 - Mayor’s Report The Mayor spoke about storm parking rules. He reminded residents that they will not get ticketed overnight during flashfloods. He also said that outdoor dining has been extended to November 30, 2021. Village Board of Trustees Regular Meeting Tuesday, October 26, 2021 Item # 7 - Public Comments Maryann Joyce of 142 Nyack Avenue, commented on the need to have a climate emergency resolution similar to that which has come from Westchester County. Tai Montanarella of 464 Esplanade Avenue in Pelham Manor said the first health yards initiative took place successfully and received a one-thousand-dollar donation as well. Public Hearing on Item # 9 and Item # 10 Arthur Long from 165 Boulevard, was in support of opting out. Vance Snyder of 97 Storer Avenue, was against opting out for both resolutions and believes that the village should capture the revenue that will revitalize the commercial district. Shaun Briedbart of 336 8th Avenue, also wanted to opt-in for retail cannabis and on-site consumption establishments within the village. Laura Caruso of 15 Chestnut Avenue, gave an in-depth presentation on the harms of marijuana on the adolescent brain and the harmful effects of having dispensaries in the village, believing that more youth will have access to marijuana. She also believed that the environment will have a significant impact on their exposure to, and willingness to try marijuana. Clay of 29 Franklin Place, was in support of Laura and opting-out. Joe Soliminie Jr. of 258 Monterey Avenue, stated that he felt marijuana takes the ambition out from children and was in support of opting-out. Eileen Miller of 232 Eastland said that we could always opt-in at a later time but for now it is best to opt-out and was in support of the resolutions. Dan Bellin of 44 Clifford, emailed response. Michelle Sierak of 6th Avenue, emailed her response. Village Board of Trustees Regular Meeting Tuesday, October 26, 2021 Non-Recurring Items Item # 8 – Resolution Approving Special Event Request and Street Closure for the Colonial Fall Festival Whereas, the Colonial School PTA has requested permission to host their Colonial Fall Festival on Saturday, November 6, 2021 (copy attached); and Whereas, the Colonial School PTA shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the closing of Pelhamdale Avenue between Colonial Avenue and Boulevard on Saturday, November 6, 2021 from 2:00 p.m. to 6:00 p.m. for a Colonial School PTA 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 # 8 - Resolution Approving Special Event Request and Street Closure for the Colonial Fall Festival Village of Pelham Board of Trustees Regular Meeting Tuesday, October 26, 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 ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, October 26, 2021 Item # 9 - Public Hearing on Local Law No. 4 of 2021 to Opt-Out of Allowing Adult-Use Retail Cannabis Dispensaries to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Public Hearing on Local Law No. 4 of 2021 to Opt-Out of Allowing Adult-Use Retail Cannabis Dispensaries to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, October 26, 2021, on a proposed Local Law to Opt-Out of Allowing Adult-Use Retail Cannabis Dispensaries to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131. This meeting will be held virtually on Zoom 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://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the office of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Terri Rouke, Village Clerk Publication Date: October 18, 2021 Vote Record - Item # 9 - Public Hearing on Local Law No. 4 of 2021 to Opt-Out of Allowing Adult-Use Retail Cannabis Dispensaries to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 Village of Pelham Board of Trustees Regular Meeting Tuesday, October 26, 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, October 26, 2021 Item # 10 - Public Hearing on Local Law No. 5 of 2021 to Opt-Out of Allowing Adult-Use On-Site Cannabis Consumption Establishments to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Public Hearing on Local Law No. 5 of 2021 to Opt-Out of Allowing Adult-Use On-Site Cannabis Consumption Establishments to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, October 26, 2021, on a proposed Local Law to Opt-Out of Allowing Adult-Use On- Site Cannabis Consumption Establishments to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131. This meeting will be held virtually on Zoom 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://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the office of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Terri Rouke, Village Clerk Publication Date: October 18, 2021 Vote Record - Item # 10 - Public Hearing on Local Law No. 5 of 2021 to Opt-Out of Allowing Adult-Use On-Site Cannabis Consumption Establishments to Locate within the Village of Pelham as Authorized under New York State Cannabis Law § 131 Village of Pelham Board of Trustees Regular Meeting Tuesday, October 26, 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, October 26, 2021 Item #11 - Resolution Authorizing the Award of Contract # 2021-04 Young Avenue Field Sinkhole Remediation (bid deadline and opening 10/13/21, 10:00 a.m.) Whereas, the Village of Pelham issued a notice to bidders in request for bids under Contract # 2021-04 Young Avenue Field Sinkhole Remediation; and Whereas, a public notice was duly published on Monday, September 27, 2021, in the Journal News, an official newspaper of the Village of Pelham and on the Village’s website pursuant to New York State General Municipal Law §103(2); and Whereas, at 10:00 a.m. E.S.T., on Wednesday, October 13, 2021, the Village Clerk and Deputy Village Treasurer publicly opened and read three proposals; and Whereas, on reviewing the proposals, the bids were as follows: Total Bid 1. MTS Infrastructure, LLC. $31,750.00 2. ELQ Industries, Inc. $89,100.00 3. PCI Industries Corp. $119,540.00 Whereas, the Village Administrator has determined that the lowest responsible bid that meets requirements is MTS Infrastructure, LLC. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Contract # 2021-04 Young Avenue Field Sinkhole Remediation at the total bid cost of thirty-one thousand seven hundred and fifty dollars ($31,750) to MTS Infrastructure, LLC; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to effect and execute this contract for these services. Vote Record - Item # 11 - Resolution Authorizing the Award of Contract # 2021-04 Young Avenue Field Sinkhole Remediation (bid deadline and opening 10/13/21, 10:00 a.m.) Village of Pelham Board of Trustees Regular Meeting Tuesday, October 26, 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, October 26, 2021 Item # 12 - Other Business: Discussion on Fire Department Vehicle Purchase Resolution Declaring Municipal Equipment and Vehicles as Surplus for Sale Whereas, the Village of Pelham has equipment and vehicles that are no longer of functional value or use to the Village and may have resale value. Now, therefore, be it resolved, that the equipment and vehicles listed below is declared surplus to be sold to the highest qualified bidder through an approved bidding process with Municibid and where a classified advertisement will also be published in the official paper of the Village: • One (1) 2004 International 7500 HT530 VIN # 1HTWPADT74J015176 • One (1) 2008 Ford Expedition XLT 5.4L VIN # 1FMFU16588LA03483 • One (1) 2006 GEM 2 Door • One (1) 2008 Chevrolet Equinox VIN # 2CNDL23F286013481 • One (1) 2006 Jeep Grand Cherokee VIN # 1J4GR48K56C340375 • One (1) Air Flow Stainless Steel Sander Be it further resolved, that if no bids are received for a particular item, the items may be disposed of through appropriate means as determined by the Village Administrator/Treasurer; and Be it further resolved, that the Village Administrator/Treasurer is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Vote Record - Item # 12 - Resolution Declaring Municipal Equipment and Vehicles as Surplus for Sale Village of Pelham Board of Trustees Regular Meeting Tuesday, October 26, 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, October 26, 2021 Recurring Items Item # 13 - Resolution Authorizing the Accounts Payable Trustee Spira-Cohen is auditing 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 Deputy Village Treasurer: Fund Name: Amount General Fund (A) $205,414.48 Capital Projects Fund (H) $35,989.60 Grand Total $241,404.08 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 - Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, October 26, 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, October 26, 2021 Item # 14 - Authorizing Minutes of: None Item # 15 - Adjournment A motion was made by Mayor Mullen and seconded by Trustee Solomon to adjourn the public portion of the Village Board of Trustees meeting at 9:03 pm. There was no Executive Session for this evening. Respectfully submitted by, Muneeb Zia, Assistant to the Village Administrator