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 TUESDAY, SEPTEMBER 13, 2022, 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 Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Police Benevolent Association, Inc. (June 1, 2021 to May 31, 2024) 9. Resolution Authorizing the Appointment of a School Crossing Guard (Part-Time) 10. Resolution Establishing Municipal Center (Village Share) Capital Project 11. Resolution Authorizing Consulting Agreement with Summers Associates, LLC. for Security and Audio-Visual Design Services for the Municipal Center 12. Resolution Adopting the 2022 Adjusted Base Proportions using the 2021 Final Assessment Roll and Rates Provided by Town Assessor for the Village of Pelham 2023 Tax Levy 13. Other Business – Discussion regarding Parking Permit Fees; Discussion regarding Use of Gas Powered Leaf Blowers Recurring Items 14. Authorizing Accounts Payable 15. Authorizing Minutes of: August 2, 2022 Special Meeting, and August 9, 2022 Work Session, Regular Board Meeting, & Executive Session 16. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, September 27, 2022 Tuesday, October 11, 2022 * The agenda is subject to change * Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:06 PM Item # 2 - Pledge of Allegiance: Mayor Mullen led the Pledge of Allegiance at 8:06 PM Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Hill-Ries - Virtual ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☒ ☐ ☐ Village Trustee Otondi - Virtual ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Administrator Zia ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – Changes to the penalties to meter and overnight parking evaluation still in the works. Village Trustee Kamal Eldahry – Nothing to Report. Village Trustee McGreal – The School District has hired the next Assistant Superintendent, and the Arts Council has some fun upcoming events. Village Trustee Otondi – Nothing to Report. Village Trustee Solomon – Upcoming Eagle Scout project for the Highbrook Highline, which will present to the Board in October. Deputy Mayor Carpenter – Thank you to Pelham Post 50 for the 9/11 ceremony, and a special thank you to Joe Durnin for being the emcee of the event. Toonerville will be on Saturday, September 17. Item # 5 – Village Administrator’s Report: Reviewed the social media schedule for September regarding the in-house sanitation changes. The CHIPS paving project is completed. Regarding the Village wide flood mitigation study, the mapping of the existing watershed will commence. Interim sanitary sewer investigation report has been received and will be discussed at the Work Session on September 27. The refinanced debt, after receiving the bids, will be closing. Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 6 - Mayor’s Report Downtown Pelham was bustling this summer with a wide variety of events. Thank you to the VOP Council of the Arts and every volunteer and our partners in the efforts of the successful events over the summer. The flyer that was sent out was a joint effort between the Town, Chamber of Commerce and the Arts Center. The In-House Sanitary rollout will be coming in 2023. Thank you to Ava Paolucci of the Pelham Examiner who wrote a great article with extra information. There is a plan in place for all details around the new system, with details forthcoming in the near future. Pelham House, anticipate the votes on the final governmental approvals at the next meeting. Continue to work through the final bits and pieces. Demolition of the current Capital One site will be in the next few weeks. A parking transition plan is in the works, and Parking Lot 2 and Lower Level of Parking Lot 3 will need to be vacated by the end of the year. Communications on the parking plan will be forthcoming. Congratulations to Pelham Football! To all those making comments regarding childcare services, please hold your comment until we get to that topic on the agenda. Item # 7 - Public Comments Regarding the Request to Change Zoning for Childcare as Permitted Use: The Mayor provided information regarding the request for change in zoning regarding for childcare as a permitted use. In the Pelham Village Business 1 District, child care services have not been a permissible use in downtown. Recent changes in the code apply to private schools in our business district in the downtown. Mr. Rubicco is looking to open a satellite of Anna and Jack’s Treehouse in the old HSBC building on Fifth Ave. This has been denied by the Building Inspector and the Zoning Board as it is not allowable under our code. A request has been made to change the zoning to the Village Board of Trustees. The Planning Board was asked to review. Various Departments/Boards have concerns regarding plans, location and childcare services in the district. Mr. Rubicco shared thoughts that this planned expansion will focus on a huge need in Pelham for childcare ages 6 weeks to 2 years. They have a waitlist already of 32 spots. They would like to work with all to address the concerns and make sure there is a great plan in place for child safety and minimal impact for surrounding area. While it may benefit Anna and Jack’s Treehouse, it would benefit other locations as well. John DeCicco shared he feels this is a Pelham business that does want to expand, and he has employees at his business who are in need of childcare and could benefit. Feels it will bring more traffic to Fifth Ave as well. Maurice Owen-Michaane indicated that getting a tenant for the location has been a challenge and daycare businesses have been the outstanding interest for the location. Mayor Mullen responded that he appreciates the desire to investigate in the downtown of the Village of Pelham. It is difficult to say no to an expansion or new business. Any change made to the zoning applies to the location, applies to every business in the B-1 district. The same issues apply throughout the B-1 district – the physical footprints have challenges with access to public space, safe drop-off and pickup zones, security. The Mayor is aware that Mr. Rubicco has worked on the details to come up with solutions for a not so ideal location. The Mayor is not opposed to childcare services within the Village, but does not feel the B-1 district is appropriate for a zoning change to allow for childcare. Deputy Mayor Carpenter agrees with the Mayor, with the caveat that the downtown restoration initiatives should come to fruition and hopefully succeed without first making a change to zoning for childcare. Village Trustee Hill-Ries, Village Trustee McGreal, Village Trustee Eldahry, Village Trustee Solomon agree with the previous sentiments. Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Mr. Rubicco proposed a back up plan of opening a children’s play space. An under 3-hour play area for children. Mayor Mullen responded that the Building Department will be able to advise on what is allowed. Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Non-Recurring Items Item # 8 – Resolution Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Police Benevolent Association, Inc. (June 1, 2021 to May 31, 2024) Whereas, the Village of Pelham (“Village”) and the Village of Pelham Police Benevolent Association, Inc. (“PBA”) are parties to a Collective Bargaining Agreement that expired on May 31, 2021; and Whereas, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Memorandum of Agreement dated August 11, 2022 (attached hereto and made apart hereof); and Whereas, the membership of the PBA approved the terms and conditions contained in the Memorandum of Agreement; and Whereas, the Memorandum of Agreement between the Village and the PBA regarding the terms and conditions of employment for the period of June 1, 2021 through and including May 31, 2024, is being presented for approval by the Village Board of Trustees. Now, therefore, be it resolved, that the Memorandum of Agreement between the Village and the PBA dated August 11, 2022, regarding the terms and conditions of employment for the period of June 1, 2021 through May 31, 2024 is hereby approved; and Be it further resolved, that the Mayor, Village Administrator and Labor Counsel are hereby authorized to execute a Memorandum of Agreement for the period of June 1, 2021 through May 31, 2024, between the Village and the PBA incorporating terms and conditions of said Memorandum of Agreement. Vote Record - Item # 8 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Village of Pelham Police Benevolent Association, Inc. (June 1, 2021 to May 31, 2024) 9:00PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal Second ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 9 – Resolution Authorizing the Appointment of a School Crossing Guard (Part- Time) Whereas, Peter Falcetti, by letter dated August 25, 2022, and effective August 26, 2022, submitted his letter of resignation as School Crossing Guard for the Village of Pelham. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the appointment by the Mayor of Gerard Mariano, Jr. of New Rochelle, NY to the position of School Crossing Guard (Part-Time), effective Tuesday, September 6, 2022, with a one-year (1 Year) probationary period, at an annual salary of $10,696.00 subject to the requirements of Westchester County Civil Service and the Village of Pelham Employee Handbook; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to affect this appointment. Vote Record - Item # 9 - Resolution Authorizing the Appointment of a School Crossing Guard (Part-Time) – 9:02PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 10 – Resolution Establishing Municipal Center (Village Share) Capital Project Whereas, Village management wishes to establish a capital project for the Villages share of expenses related to the new Municipal Center, estimated to cost $250,000.00, to be funded according to the Land Development Agreement, dated January 7, 2021. Now, therefore, be it resolved, the respective capital project and project budget is established, as follows: Increase: Capital Projects Fund Revenue Account No. Account Description Amount H.2770 Unclassified Revenue $250,000.00 Increase: Capital Projects Fund Expense Account No. Account Description Amount H.1620.201 Municipal Center (Village Share) $250,000.00 Vote Record - Item # 10 – Resolution Establishing Municipal Center (Village Share) Capital Project – 9:04 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Second ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 11 – Resolution Authorizing Proposal with Summers Associates, LLC. for Security and Audio-Visual Design Consulting Services for New Municipal Center Whereas, on August 29, 2022, Summers Associates, LLC. submitted a Security Consulting Services Proposal to the Village of Pelham (“Village”) for audio visual design, security system design; and Whereas, the Village desires to accept proposal of Summers Associates, LLC., for security, and audio-visual design for the New Municipal Center; and Whereas, Summer Associates, LLC. Proposal will include design development, construction documents for a fixed cost not to exceed $65,840. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to accept and execute the attached Security Consulting Services Proposal with Summers Associates, LLC., retroactive to August 29, 2022. Vote Record - Item # 11 - Resolution Authorizing Proposal with Summers Associates, LLC. for Security and Technology Consulting Design Services for the New Municipal Center – 9:06 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Second ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 12 – Resolution Adopting the 2022 Adjusted Base Proportions using the 2021 Final Assessment Roll and Rates Provided by Town Assessor for the Village of Pelham 2023 Tax Levy Be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the 2022 Adjusted Base Proportions using the 2021 Final Assessment Roll and Rates provided by the Town of Pelham Assessor for the Village of Pelham 2023 Tax Levy, at the rates of 82.097510% for Homestead, and 17.902490% for non-Homestead; and Be it further resolved, that the Village Administrator and the Town Assessor are authorized to take the necessary steps to affect this resolution. Vote Record - Item # 12 - Resolution Adopting the 2022 Adjusted Base Proportions using the 2021 Final Assessment Roll and Rates Provided by Town Assessor for the Village of Pelham 2023 Tax Levy – 9:07 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Second ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 13 – Other Business Parking permit fees were discussed in work session. The conversation continued; each Village Trustee gave their opinions on what amounts they felt the fees should be for the parking transition plan. The Mayor and Board agreed to keep the proposed numbers, with a caveat to remove the guarantee of rate lock in the future as a future Board could make a different decision. Deputy Mayor Carpenter provided data of how the Village of Pelham compares to surrounding communities regarding days of use of gas-powered leaf blowers. Deputy Mayor Carpenter suggests considering changing the Village code for use of gas-powered leaf blowers to align closer to another municipality. The Mayor wants to examine data on leaf management and the option to bag leaves. This topic requires more public input and a public hearing for a local law. Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Recurring Items Item # 14 - Authorizing Accounts Payable Trustee Kamal Eldahry 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) $680,464.78 Capital Projects Fund (H) $300,816.41 Trust & Agency (T) $ 0.00 Grand Total $981,281.19 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 # 14 - Resolution Authorizing the Accounts Payable – 9:38 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 13, 2022 Item # 15 - Authorizing Minutes of: August 2, 2022 Special Meeting, and August 9, 2022 Work Session, Regular Board Meeting, & Executive Session Vote Record - Item # 15 - Resolution Authorizing Minutes of August 2, 2022 Special Meeting – 9:40PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Second ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry ☐ ☐ ☒ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Vote Record - Item # 15 - Resolution Authorizing Minutes of August 9, 2022 Work Session, Regular Board Meeting & Executive Session – 9:40PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 13, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Second ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☒ ☐Tabled Village Trustee Eldahry ☐ ☐ ☒ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 16 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee McGreal and voice vote approved by all Board Members to adjourn the Regular Board Meeting at 9:40PM.