Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, MAY 23, 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. Resolution Approving a Modification to an Approved Site Plan for a Proposed “Ann and Jack’s Treehouse” Playground at 629 Fifth Avenue (Sanborn Map Building at 629 Fifth Avenue) Tabled from 5/09/2023 9. Sustainability Advisory Board Annual Report 10. Resolution Accepting the 2022-23 Annual MS4 Report 11. Resolution Authorizing the Use of Funds for the 2023 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund 12. Other Business Recurring Items 13. Authorizing Accounts Payable 14. Authorizing Minutes of: May 9, 2023 Work Session, Regular Meeting & Executive Session 15. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, June 13, 2023 Tuesday, June 27, 2023 Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 1 - Meeting Called to Order: The Mayor called the meeting to order at 8:00 PM. Item # 2 - Pledge of Allegiance: The Mayor led the Pledge at 8:00 PM. 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 (Virtual) ☐ ☐ ☒ Village Administrator Scelza (Virtual) ☒ ☐ ☐ Asst. to the Village Administrator Zia ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – Nothing to report. Village Trustee Kamal Eldahry – Attended the NYCOM meeting in Lake George, and it was a great experience and highly recommend to all other trustees. Village Trustee Eldahry had the opportunity to collaborate with Mayors and Trustees from other municipalities and the Village of Pelham was honored for their work in the Village. In April, the Pelham Police Department responded to 394 various calls for service. On April 4th, 8 officers attended an Autism training to enhance their awareness and how to better work with those individuals and their families. Village Trustee McGreal – June 17th is the Juneteenth event. The Arts Council is taking requests for volunteers for the event. The Board of Education has honored top Administrators Dr. Maria Thompson and John Sebalos. Congratulations to all who worked on the project that was honored at NYCOM; “Winning is better when shared”. Village Trustee Otondi – Two members of the Pelham Fire Department, Captain DeSimone and Firefighter Borsella, and three members of the Pelham Police Department, Sgt. Hendrie, Officer Baerga and Officer Burrell received a lifesaving award from Westchester County as part of EMS week. Village Trustee Solomon – nothing to report. Deputy Mayor Carpenter – Pelham Together is holding their Summerfest in Chester Park on Sunday, June 3rd from 3-8PM. More information can be found at www.pelhamtogether.org. Item # 5 - Village Administrator’s Report: Village Hall will be closed on Monday, May 29th in observance of Memorial Day. The holiday garbage schedule was posted on the website and communicated to residents earlier this week. Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 6 - Mayor’s Report Congratulations to the Pelham Fire and Pelham Police receiving the Lifesaving Award. On June 11th, they responded to a resident experiencing an acute overdose and promptly assisted while waiting for Empress Ambulance to arrive. Their actions saved this person’s life. NYCOM was a wonderful and informative time, and it was exciting to receive the reward and converse with other Municipalities. The Westchester County Asian American Advisory Board held a presentation discussing needs from policy perspective for education curriculum in schools to stop discrimination and support the community. Mental health needs were also discussed. Support is available within Westchester County and residents can reach out to get the support needed. Thank you for to Nandini Anandu for the invitation to the informative and enlightening session. Item # 7 - Public Comments Brian Diffley - 392 Washington Ave – Brian noted that he lives where Storer Ave meets Washington and when there is a strong storm, the water builds up and goes down his driveway. He noted a lot of water up the road in New Rochelle at 9th St., and noted the catch basin in that area full of water in the most recent storm the weekend before. New Rochelle has a city-wide drainage study going on but it only addresses complaints. Brian is bringing it to the Village Board today to address the problem. The Mayor requested that Brain send the videos he has taken to himself and Administrator Chris Scelza to forward to the engineer for our flood study. Our engineers are collaborating with New Rochelle engineers at the borders of the Town/City. We anticipate our report to be available in a month or two. Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Non-Recurring Items Item # 8 – Resolution Approving a Modification to an Approved Site Plan for a Proposed “Ann and Jack’s Treehouse” Playground at 629 Fifth Avenue (Sanborn Map Building at 629 Fifth Avenue) Tabled from 5/09/2023 Tax Designation: Section 1: Block 125: Lot 2 Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Board of Trustees has found and determines it to be desirable to encourage property owners to improve property with accessory uses that take into consideration the public health, safety and general welfare and the comfort and convenience of the public and the immediate neighborhood and prescribe appropriate conditions and safeguards to preserve, complement and be compatible with the character, massing, and scale of adjacent land uses; and Whereas, Village Code § 98-4 authorizes the Village Board of Trustees to permit and grant site plan approval for proposed improvements that comply with Village Code; and Whereas, 629 Fifth Avenue Realty LLC (or the “applicant) submitted the required site plan approval documents and requested approval of a modification to an approved site plan to install an approximately 60’ x 60’ (3,600 sf) playground on the lawn area to the north (rear) of the n/f Sanborn building at 629 Fifth Avenue; and Whereas, the proposed playground will consist of a Swing Set, Cedar Tree Fort Climber, and a Racetrack all located on permeable chips and/or poured-in-place permeable rubber play surface; and Whereas, the applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 629 Fifth Avenue property; and Whereas, 629 Fifth Avenue LLC has further submitted a formal and complete proposed site plan prepared by Gallen Beeler Design Studio, P.C., dated 04-05-2023 and last revised 05-15-2023 satisfying the requirements of Village Code Chapter 79, showing a proposed playground for the 629 Fifth Avenue property; and Whereas, 629 Fifth Avenue LLC proposes to create an approximately 3,600 sf (60’ x 60’) area to be improved with a permeable surface for the placement of a swing set, cedar tree fort climber, and a racetrack; and Whereas, 629 Fifth Avenue LLC consists of one tax parcels located in the Office-2 Zoning District; and Whereas, Gallen Beeler Design Studio, P.C. has submitted the following documents and plans in support of the application: Site Plan Application and Intent to Develop Form; Existing Site Plan, A10, prepared by Gallen Beeler Design Studio, P.C, dated 4-05-2023 and last revised 4-19-2023; New Grading Plan, A11 prepared by Gallen Beeler Design Studio, P.C, dated 4-05-2023 and last revised 4-19-2023; Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 New Site Plan, A12, prepared by Gallen Beeler Design Studio, P.C, dated 4-05-2023 and last revised 5-15-2023; Illustration of proposed permeable “Pour in Place” playground surface. Whereas, the Village Board of Trustees determined the Code of the Village of Pelham requires the proposed action be referred to the Planning Board; and Whereas, the applicant submitted the application to the Planning Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code; and Whereas, the Planning Board reviewed the proposed playground on 4-18-2023 and recommended approval subject to the following: 1. Clarify on the site plan that the proposed ‘racetrack’ will also be fully permeable; 2. Note on the plans that the slope in the northeast corner will be graded into the existing contours and will not require a retaining wall; 3. Two clusters of trees are being removed and shall be noted on the site plan. Whereas, 629 Fifth Avenue LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), the proposed action is less than 4,000 sf and is considered a Type 2 Action, thus exempt from SEQRA review; and Now, therefore be it resolved, that after considering the documents submitted by the applicant, as recited above, and the recommendation from the Planning Board the Board of Trustees of the Village of Pelham finds and determines as follows: A. The proposed playground satisfies the requirements for consideration under the Village Code; and B. Site plan approval is granted pursuant to this resolution and shall be conditioned on the proposed project being installed/constructed in accordance with the drawings listed above. C. Site plan approval is granted subject to the following conditions: 1. The area to be improved shall be staked off by survey and noted on the plans; 2. This modification to an approved site plan is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of the Board of Trustees of the Village of Pelham. If any term of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. Be it further resolved, that in accordance with Village Code § 79-7, this modification to an approved site plan shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution unless the Village Board of Trustees extends, by resolution, the time within which to do so; and Be it further resolved that this modification to an approved site plan shall be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Village Board of Trustees extends, by resolution, the time within which to do so. Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Vote Record - Item # 8 – Resolution Approving a Modification to an Approved Site Plan for a Proposed “Ann and Jack’s Treehouse” Playground at 629 Fifth Avenue (Sanborn Map Building at 629 Fifth Avenue) Tabled from 5/09/2023 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 23, 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 ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 9 – Sustainability Advisory Board Annual Report SUSTAINABILITY ADVISORY BOARD (SAB) UPDATE TO THE VILLAGE OF PELHAM BOARD OF TRUSTEES MAY 2023 SAB MEMBERS : Yenna Chan (Co-Chair), Heather Glickman-Eliezer (Co-Chair), Maryanne Joyce, Tai Montanarella, Anna Riehl, Tom White, Ben Smyser CLIMATE SMART COMMUNITIES TASK FORCE (CSCTF) CURRENT MEMBERS: SAB members listed above plus Marc Burgess, Ella Burns PURPOSE OF SAB 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. Areas of advisement include, but are not limited to: energy conservation and alternative fuel use, waste reduction and recycling, preservation and development of open space, maintenance of the Village’s tree canopy, alternative modes of transportation (including walking and cycling), stormwater quality improvement, water conservation, green building design, climate change mitigation and community resilience to natural disasters. In development of its recommendations, the SAB considers all best practices and lessons learned from all other sources, including cities, towns and villages, in addition to financial sustainability and cost effectiveness. Sustainability Advisory Board members participate on the Climate Smart Communities Task Force. 2022 ACCOMPLISHMENTS & ONGOING INITIATIVES Climate Smart Community (CSC) Bronze Certification ● certified on September 19, 2022 with 138 points earned from 23 completed actions, valid for 5 years (9.30.2027) ● Certification recognizes the completion of a suite of concrete actions that mitigate and adapt to climate change; community benefits include improvements to air quality, energy efficiency, conservation of biodiversity, support of a green innovation economy, resident engagement in improving the municipal environment, among others Clean Energy Community (CEC) ● 9 actions completed since 2019, earning 4000 points ● $5000 Action Grant awarded Sustainability Fund for Clean Energy Projects ● $10,000 Points-based grant pending approval for Lawn EV Equipment Purchase ● Qualified for $20k grant pending renewal of funding AGZA/QCi consultation for transitioning landscape maintenance to electric (funded by 2021 CEC action grant), July 2022 ● Draft report received Jan. 2023 ● Waiting on equipment recommendations Electric Vehicle charging stations, 1 of 5 installed May 2022 Fleet Electrification Committee ● 2023 draft report issued to the Committee Food Scrap Recycling, ongoing ● VoP SAB & EcoPel, Pumpkin Smash, Nov. 5, 2022: 1.35 tons of pumpkins collected Leaf disposal practices recommendation, Nov. 2022 Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 ● Benefits of eliminating loose piles and adopting bagging and Westchester County’s Love ‘Em and Leave ‘Em initiative Municipal Benchmarking: Village of Pelham Buildings Energy Report June 2022 Outreach/Community Engagement and Education events, ongoing ● SAB/CSCTF/Healthy Yards programs table, ongoing monthly at Pelham Market, and at town events such as EcoPel / Pelham Eliminates Plastics Earth Day Festival, April 2022 ● information on climate and sustainability-related news and initiatives shared on VOP website, Facebook and Instagram postings Pelham Healthy Yards, ongoing (ee events link above for more details) ● 9 in-person and virtual meet ups held in 2022 ● Resource sharing of sustainable landscaping and gardening guides from DEC, Pollinator Pathways, and Westchester Healthy Yards Hutchinson River Watershed Plan steering committee meetings, ongoing 2022–23 ● Save the Sound and Westchester County are working closely with local stakeholders to develop the Hutchinson River Watershed Plan following the US EPA 9 element plan approach ● They have identified the Pelham Lake/Wolfs Lane Park subwatershed as an improvement opportunity, and municipal agencies, communities and other stakeholders can participate to develop implementable restoration and stormwater mitigation projects 2023 PROJECTS, PLANNED Westchester County Climate Action Planning Institute (CAPI) ● VoP is participating with 8 other municipalities to develop individual government operations greenhouse gas emissions inventories (GOGHGI) and government operations climate action plans (GOCAP) ● The steps include data collection of monthly energy usage, garbage produced, input of data into the ClearPath program, development of the GOGHGI, reviewing the inventory with VoP, and integration of data and strategies for mitigating GHG into the COCAP ● monthly meetings convened by HRVC began Feb 2023 Street Tree Regulations for Village Property ● Recommended native species list for street trees, ready for review and adoption into the Village code ● Ch 93 tree code revisions to be discussed at a future Board of Trustees Work Session Tree Canopy Protection Legislation ● Tree care outreach resources Review section 79-5 of the Village code for sustainability elements with Planning Board 2023 PROJECTS, PROPOSED Low-embodied Carbon Concrete proposal Green Purchasing Policy proposal (resources) SAB & CSCTF MEMBERSHIP During 2022, one SAB member resigned; a new member filled this seat in early 2023 Three current SAB appointments will expire this year. The SAB & CSCTF recommend a BoT led membership drive this summer Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 10 – Resolution Accepting the 2022-23 Annual MS4 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 2022-23 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, 2023. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby accepts the 2022-23 Annual M-S4 report. Vote Record - Item # 10 – Resolution Accepting the 2022-23 Annual MS4 Report – 9:19 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 23, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 11 - Resolution Authorizing the Use of Funds for the 2023 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund Whereas, the Village of Pelham orders trees from the New York Power Authority two-for-one tree plan in which the Village can receive two trees for every one it purchases for the amount of $2,881.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes that payment of $2,881.00 to the New York Power Authority from a special trust account bequeathed to the Village of Pelham by Thomas B. Fenlon and known as the Thomas B. Fenlon Memorial Street Tree Fund Account # TE.0923 for the purchase of these trees; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to affect this resolution. Vote Record - Item # 11 – Resolution Authorizing the Use of Funds for the 2023 New York Power Authority Fall Tree Planting Program from the Thomas Fenlon Memorial Street Tree Fund – 9:21 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 23, 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 ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 12 – Other Business Deputy Mayor Carpenter has been interacting with the School Board regarding Hutchinson Elementary School for a permanent solution for 5th Street and the sidewalks. Requested Administrator Scelza and Assistant to the Administrator Zia determine what can be done with the temporary construction barriers; whether they be reallocated or disposed of. Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Recurring Items Item # 13 - Authorizing Accounts Payable Trustee McGreal 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) $ 74,162.27 Capital Projects Fund (H) $ 28,556.85 Trust & Agency (T) $ 9,660.00 Grand Total $ 112,379.12 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 – 9:23 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 23, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 23, 2023 Item # 14 - Authorizing Minutes of: May 9, 2023 Work Session, Regular Meeting and Executive Session Vote Record - Item # 14 – May 9, 2023 Work Session, Regular Meeting and Executive Session Village of Pelham Board of Trustees Regular Meeting – 9:23 PM Tuesday, May 23, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☐ ☐ ☒ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Item # 15 - Adjournment A motion was made by Village Trustee Eldahry and seconded by Village Trustee McGreal, voted unanimously by all to adjourn the regular meeting at 9:24 PM. Respectfully Submitted, Sarah LoPuzzo Village Clerk