Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, JANUARY 24, 2023, 8:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom 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. Mayor’s Commendations for Excellence in Civic Service: Jeff Watkins, Jessica Solomon, Gabrielle Sasson and Climate Smart Communities Task Force 9. Resolution Appointing Council on the Arts Members 10. Resolution Appointing Sustainability Advisory Board Members 11. Public Hearing on Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c 12. Resolution Adopting Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c 13. Resolution Authorizing the Promotion of a Laborer to Motor Equipment Operator (MEO) in the Village of Pelham Department of Public Works 14. Resolution Granting an Extension of Site Plan Approval for 201 Fifth Avenue (Pelham Green LLC) 15. Resolution Authorizing Participation in Fire Department Consolidation Study 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: January 10, 2023, Work Session, Regular Meeting and Executive Session 19. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, February 14, 2023 Tuesday, February 28, 2023 Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 1 - Meeting Called to Order: The Mayor called the meeting to order at 8:05PM. Item # 2 - Pledge of Allegiance: The Mayor led the Pledge at 8:05PM Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Hill-Ries ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☒ ☐ ☐ Village Trustee Otondi ☐ ☒ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Administrator Zia ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – Newly appointed liaison to the Chamber of Commerce. Good luck to all those participating in the District B Spelling Bee. Village Trustee Kamal Eldahry – Thank you to the Sustainability Advisory Board for the past years of being their liaison. Newly appointed liaison to the Police Department and looking forward to it. Village Trustee McGreal – Good luck to all those in the District B Spelling Bee and congratulations to all those who received their commendations this evening. Village Trustee Otondi – Absent. Village Trustee Solomon – Thank you to the Chamber of Commerce, enjoyed working with them as liaison. There was a Pelham Music Festival this past weekend, it was an amazing all-day event and congratulations to our young musicians. Village Trustee Solomon is representing the Village of Pelham in the Hutchinson River Watershed Plan Steering Committee and provided an update, overviewing objectives and goals of the Committee. Deputy Mayor Carpenter – Nothing to report. Item # 5 - Village Administrator’s Report: Reminder to everyone that the Christmas tree recycling program will be complete on January 31st. The Village of Pelham has accepted the delivery of three of the four Village garbage trucks, with the expectation of the fourth truck coming potentially in February. Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 6 - Mayor’s Report The Mayor spoke to everyone regarding their liaison roles and some new changes to the roles; Village Trustee Hill Reis is now liaison to the Chamber of Commerce, Village Trustee Solomon is the new liaison to the DPW, Village Trustee is the new liaison to the Pelham Police Department and Deputy Mayor Carpenter is now the liaison to the Sustainability Advisory Board. Mayor Mullen, Deptuy Mayor Carpenter and Village Administrator Scelza will be going to the NYCOM Winter Legislative Meeting from February 5th – February 7th. Mayor Mullen will be on a panel to discuss the housing development occurring in Pelham. Odis Guerrero, Senior Advisor for State Senator Nathalia Fernendez, spoke virtually regarding being available to speak regarding budget requests and congratulated the Village of Pelham on the Bronze Certification. Item # 7 - Public Comments No Public Comment. Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Non-Recurring Items Item # 8 – Mayor’s Commendations for Excellence in Civic Service: Jeff Watkins, Jessica Solomon, Gabrielle Sasson and Climate Smart Communities Task Force Commendations for Excellence in Civic Service were given to Jeff Watkins, Jessica Solomon, Gabrielle Sasson and members of the Climate Smart Communities Task Force. Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 9 – Resolution Appointing Council on the Arts Members Whereas, via resolution dated October 27, 2020, the Village Board of Trustees adopted Local Law No. 4 of 2020 creating a Council on the Arts. The purpose of the Council on the Arts is to encourage the direct commission of artwork for municipally supported projects, engage the individual and collective imagination of artists who create artwork for public consumption, support research and original scholarship, preserve and provide access to cultural and educational resources and drive interest in the Village’s downtown. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of the following individuals to the Council on the Arts: Name Length of Term Term Expires Karen Pursel 2 Year Term December 2, 2024 Emlyn Taveras 2 Year Term December 2, 2024 Paula Cardona 2 Year Term December 2, 2024 Vote Record - Item # 9 - Resolution Appointing Council on the Arts Members – 8:32 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 10 – Resolution Appointing Sustainability Advisory Board Members Whereas, via resolution dated March 27, 2018, the Village Board of Trustees adopted Local Law No. 3 of 2018 creating a Sustainability Advisory Board. The purpose of the Sustainability Advisory Board is to prioritize goals, develop programs, and recommend policy, legislation, and code amendments that encourage and contribute to the environmental, social and economic sustainability of the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of the following individuals to the Sustainability Advisory Board: Name Length of Term Term Expires Yenna Chen 2 Year Term December 2, 2024 Heather Eliezer 2 Year Term December 2, 2024 Tai Montanarella 2 Year Term December 2, 2024 Thomas White 2 Year Term December 2, 2024 Vote Record - Item # 10 - Resolution Appointing Sustainability Advisory Board Members – 8:26 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 11 – Public Hearing on Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law # 1-2023 to override the real property tax levy limit established in General Municipal Law §3-c The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, January 24, 2023, on a proposed Local Law that would amend the Code of the Village of Pelham, as follows. 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: *** Join by Video: 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 offices 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 Sarah LoPuzzo, Village Clerk Publication Date: January 16, 2023 Vote Record - Item # 11 – Opening the Public Hearing for Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c – 9:01PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Vote Record - Item # 11 – Closing the Public Hearing for Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c – 9:02PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 12 - Resolution Adopting Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to override the limit on the amount of real property taxes that may be levied by the Village of Pelham pursuant to General Municipal Law § 3-c, and to allow the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2023, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (“SEQRA”) and; Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on January 24, 2023 at or about 8:00 p.m. virtually via Zoom and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 1 of 2023 of the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2023, that requires a real property tax levy in excess of the tax levy limit as define in General Municipal Law § 3-c; 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 12 - Resolution Adopting Local Law No. 1 of 2023 to Override the Real Property Tax Levy Limit Established in General Municipal Law § 3-c – 9:03PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 13 – Resolution Authorizing the Promotion of a Laborer to Motor Equipment Operator (MEO) in the Village of Pelham Department of Public Works Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotion of Theodore Assatly of Pelham Manor, NY to the position of Motor Equipment Operator in the Village of Pelham Department of Public Works at an annual starting salary of $78,857.00, effective Monday, January 30, 2023, subject to a six-month (6) probationary period and the requirements of Westchester County Civil Service; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to affect this promotional appointment. Vote Record – Item # 13 – Resolution Authorizing the Promotion of a Laborer to Motor Equipment Operator (MEO) in the Village of Pelham Department of Public Works – 9:05 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 14 – Resolution Granting an Extension of Site Plan Approval for 201 Fifth Avenue (Pelham Green LLC) Whereas, on September 27, 2022, the Village Board of Trustees granted Site Plan Approval to Pelham Green LLC (“the Applicant”) for a proposed project at 201 Fifth Avenue (“the Property”); and Whereas, said Site Plan approval is set to expire if the Applicant fails to obtain a building permit within 120 days of the approval resolution, unless the Village Board of Trustees extends, by resolution, the time within which to do so; and Whereas, the Village Board of Trustees is authorized, pursuant to § 79-7 of the Pelham Village Code, to extend the validity of the Site Plan Approval by not more than two consecutive 120-day periods from the date of the original approval; and Whereas, on January 12, 2023, the Village Administrator received a request from the Applicant for its first 120-day extension of the time in which they must obtain a building permit. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby grants a 120-day extension of the Site Plan Approval, such that the applicant must now obtain a building permit by no later than May 25, 2023. Vote Record – Item # 14 – Resolution Granting an Extension of Site Plan Approval for 201 Fifth Avenue (Pelham Green LLC) – 9:07 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 15 – Resolution Opting into the Fire Department Consolidation Study Whereas, Village staff recently attended a meeting organized by Westchester County’s Commissioner of Emergency Services to discuss an update to the 2009 Fire Department Consolidation Study; and Whereas, the meeting included municipal managers/administrators, Fire Chiefs and union representatives of the Sound Shore communities of Pelham Manor, Pelham, New Rochelle and Larchmont, which would be the focus areas of the study; and Whereas, Westchester County has agreed to fund the full cost of the study provided at least three municipalities bordering each other adopt resolutions to be included in the study; and Whereas, participation in the study does not commit the Village to make any changes. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby formally requests to be included in the study; and Be it further resolved, that the Village Board of Trustees appreciates the on-going efforts of Westchester County Officials to review opportunities to share and improve services. Vote Record – Item # 15 – Resolution Authorizing Participation in Fire Department Consolidation Study – 9:09 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 16 – Other Business No other business. Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Recurring Items Item # 17 - Authorizing Accounts Payable Trustee Lisa Hill-Ries 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) $445,261.52 Capital Projects Fund (H) $1,018,186.86 Trust & Agency (T) $ 7,470.00 Grand Total $1,470,918.38 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 # 17 - Resolution Authorizing the Accounts Payable- 9:12 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 24, 2023 Item # 18 - Authorizing Minutes of: January 10, 2023, Work Session, Regular Meeting, and Executive Session Vote Record - Item # 18 – January 10, 2023, Work Session, Regular Meeting, and Executive Session – 9:13 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 24, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter 2nd ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 19 - Adjournment A motion was made by Village Trustee Solomon and seconded by Village Trustee McGreal at 9:14PM to adjourn into Executive Session to discuss staffing in the Department of Public Works. Respectfully Submitted, Sarah LoPuzzo Village Clerk