Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 12, 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 Authorizing the Appointment of a Laborer in the Village of Pelham Department of Public Works 9. Resolution Adopting the 2023 Adjusted Base Proportions Using the 2022 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2024 Tax Levy 10. Resolution Appointing Planning Board Member 11. Resolution Authorizing Professional Services Proposal with Cuono Engineering PLLC for Structural Engineering Services for the Rehabilitation of Municipal Parking Lot 03 12. Resolution Authorizing Budget Amendment (Reference Auditors Adjusting Journal Entry) to Fund Electric Vehicle Charging Stations 13. Other Business Recurring Items 14. Authorizing Accounts Payable 15. Authorizing Minutes of: August 8, 2023 Work Session, Regular Meeting & Executive Session 16. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, September 26, 2023 Tuesday, October 10, 2023 Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Item # 1 - Meeting Called to Order: The Mayor called the meeting to order at 8:09 PM. Item # 2 - Pledge of Allegiance: The Mayor led the Pledge at 8:09 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 ☐ ☒ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – nothing to report. Village Trustee Kamal Eldahry – nothing to report. Village Trustee McGreal – nothing to report. Village Trustee Otondi – absent. Village Trustee Solomon – nothing to report. Deputy Mayor Carpenter – nothing to report. Item # 5 - Village Administrator’s Report: A municipal center site visit will be open to members of the Board on September 26. An update on the grants with Millenium Strategies – since they have come on board, we have applied for three grants. Item # 6 - Mayor’s Report Attended the WMOA Executive Committee meeting on September 7th to discuss Westchester business. Legislation will be going through New York State to allow devices at intersections to monitor noise from cars. Thank you to The Picture House for hosting an incredible event this past weekend. Congratulations to Liam Mead in achieving the rank of Eagle Scout. Thank you to Joe Durnin, the American Legion and Town of Pelham Officials for organizing the September 11th ceremony this past Monday morning. Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Item # 7 - Public Comments Kristen Whalen, 208 First Ave – Bringing to the Boards attention the Traffic and safety issues on First Ave between First Street and Lincoln Ave. The chaotic increase of traffic has caused her to no longer sit on her front porch and her child can no longer be in her front yard unattended. There have been cars that have gone into her front yard. Her front steps have been taken out by a car. Her neighbors have also had issues. There has been a constant flow of extremely excessive noise pollution. They are pleased the trucks are no longer hitting the bridge on the Hutch. The residents of the street were hopeful that since the construction there would be a little bit more organization. During the construction, the construction team broke her oil line to her home. A simple solution for the exit ramp, when they widened the ramp, they put painted arrows. Drivers assume 1st Ave is a one-way street, there have been several near head on collisions with drivers coming from Lincoln Ave. The contractors/county construction trailer is still there, and when coming off the exit ramp you cannot see to the left if the traffic is coming. There is a one-way sign and a do not enter sign, the one-way sign is confusing for drivers, the do not enter sign should be sufficient. Directly in front of her house they have constructed and painted a crosswalk that is connecting to a walkway that is going to the wrap around. When it is calm and quiet, it is nice to see neighbors use it. During the busy time, no- one stops for walkers at the crosswalk. The large line in front of the crosswalk would indicate a stop sign should be there, and since the addition of the stop here on red sign about a month and a half ago, she has witnessed 7-8 collisions because of that sign. Her recommendation is that a stop sign should go where that line is. Feels speed limits are not enforced there. Feels it is comparable to a war zone between 3:30 – 7pm at night, every night. She anticipates traffic living next to a highway but it has gotten increasingly worse. Mayor Mullen responded that our traffic consultant can be engaged in a study in this area. We had previously engaged the traffic consultant to push on the county or state contracted to do it and received a dismissal of our ideas. The Village has given the professional expertise of the County/State a shot and it has not worked. The Mayor feels the construction job is complete and now the Village of Pelham can take back some responsibility for the intersection. The reason for the location of the crosswalk was discussed. The Village is going to re-engage one more time in attempts to resolve some of the issues noted. Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Non-Recurring Items Item # 8 – Resolution Authorizing the Appointment of a Laborer 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 appointment of Lance Ortiz of Patterson, New York, to the position of Laborer, First, Job Class Code 0425-05, in the Village of Pelham Department of Public Works, effective Tuesday, September 5, 2023, at an annual starting salary of $70,500.00, subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 8 – Resolution Authorizing the Appointment of a Laborer in the Village of Pelham Department of Public Works – 8:45 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, August 8, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Item # 9 – Resolution Adopting the 2023 Adjusted Base Proportions Using the 2022 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2024 Tax Levy Be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the 2023 Adjusted Base Proportions using the 2022 Final Assessment Roll and Rates provided by the Town of Pelham Assessor for the Village of Pelham 2024 Tax Levy, at the rates of 82.994509% for Homestead, and 17.005491% 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 # 9 – Resolution Adopting the 2023 Adjusted Base Proportions Using the 2022 Final Assessment Roll and Rates Provided by the Town Assessor for the Village of Pelham 2024 Tax Levy – 8:50 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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, September 12, 2023 Item # 10 – Resolution Appointing Planning Board Member Whereas, Sidney Burke of 148 Elderwood Avenue, tendered his resignation as a member of the Village of Pelham Planning Board. Now, therefore, be it resolved, that Armir Taraj at 412 Second Avenue, is hereby appointed as a member of the Planning Board expiring March 31, 2024, or until such time as a successor is appointed. Vote Record - Item # 10 – Resolution Appointing Planning Board Member – 8:42PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Item # 11 – Resolution Authorizing Professional Services Proposal with Cuono Engineering PLLC for Structural Engineering Services for the Rehabilitation of Municipal Parking Lot 03 Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to sign an agreement with Cuono Engineering PLLC for structural engineering services related to the rehabilitation of Municipal Parking Lot 03 for an amount not to exceed $15,500.00. Vote Record - Item # 11 – Resolution Authorizing Professional Services Proposal with Cuono Engineering PLLC for Structural Engineering Services for the Rehabilitation of Municipal Parking Lot 03 – 8:53 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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, September 12, 2023 Item # 12 – Resolution Authorizing Budget Amendment (Reference Auditors Adjusting Journal Entry) to Fund Electrical Vehicle Charging Stations Whereas, in March 2020, the Village Board of Trustees authorized the submission of a grant application for the purchase and installation of five (5) Electric Vehicle Charging Stations via the New York State Department of Environmental Conservation Zero Emission Vehicle (“ZEV”) grant program; and Whereas, in February 2021, the Village was awarded the ZEV Grants totaling $212,604.62 and took delivery of the EV Charging Stations in the Summer of 2021; and Whereas, in the audited Financial Statements for the fiscal year ending May 31, 2022, in the General Fund, there was $157,979.00 reported in A.0391, Due from Other Funds, which amount represents the purchase of the EV Charging Stations and the project management fees paid out of the General Fund instead of the Capital Projects Fund; and Whereas, pursuant to New York State General Municipal Law § 9-a(3), moneys advanced must be repaid no later than the close of the fiscal year in which the advance was made; and Whereas, the Village’s independent financial auditors, PKF O’Connor Davies, LLP, during their audit fieldwork for the fiscal year ending May 31, 2023, in consultation with the Village Administrator/Treasurer and Deputy Village Treasurer, have proffered a Journal Entry to clear out the money owed to the General Fund from the Capital Projects Fund by appropriating fund balance from the General Fund via Village Board of Trustees Resolution. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Auditors Adjusting Journal Entry and Budget Amendment as follows: Increase: General Fund Expense Account No. Account Description Amount A.9550.800 Inter-Fund Transfer to Capital Projects Fund $157,979.00 Decrease: General Fund Asset Account No. Account Description Amount A.0391 Due from Other Funds $157,979.00 Decrease: Capital Projects Fund Liability Account No. Account Description Amount H.0630 Due to Other Funds $157,979.00 Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Increase: Capital Projects Fund Revenue Account No. Account Description Amount H.2850 Inter-Fund Transfer from General Fund $157,979.00 Vote Record - Item # 12 – Resolution Authorizing Budget Amendment (Reference Auditors Adjusting Journal Entry) to Fund Electric Vehicle Charging Stations – 8:55 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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, September 12, 2023 Item # 13 – Other Business Be it resolved, that the Board of Trustees of the Village of Pelham herein calls to schedule a public hearing on September 26, 2023 at 8:00 PM for Local Law No. 3 of 2023 to amend Chapter 90, Article IV of the Pelham Village Code Entitled “Parking, Standing and Stopping” to govern Electric Vehicle Parking Spaces in the Village and set forth rules and regulations governing the use of electric vehicle parking places in the Village. Vote Record - Item # 13 – Resolution Calling for a Public Hearing for Proposed Local Law Number 3 of 2023– 8:56 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ ☐ Status update provided on the Wolfs/Sparks roadway topographic survey was completed and is being reviewed by the traffic engineers for design improvements/recommendations. Potential design from Traffic Engineers for parking on Pelhamwood Ave by the train station. To be discussed further at the work session on September 26, 2023. The State passed the law to allow speed limits of 25mph Village-wide. A comprehensive traffic study is required to be conducted for this potential change. The flood study continues, it is taking longer than expected. The Mayor requested the traffic engineer evaluate 1st Ave, from the bend by the post office going towards Lincoln Ave. Village Board of Trustees Regular Meeting Tuesday, September 12, 2023 Recurring Items Item # 14 - Authorizing Accounts Payable Trustee 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) $595,078.80 Capital Projects Fund (H) $ 3,447.19 Trust & Agency (T) $ 4,055.00 Grand Total $ 602,580.99 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 – 9:07 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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, September 12, 2023 Item # 15 - Authorizing Minutes of: August 8, 2023 Work Session, Regular Meeting and Executive Session Vote Record - Item # 15 – Authorizing the Minutes of August 8, 2023 Work Session, Regular Meeting and Executive Session – 9:08 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 12, 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 ☒ ☐ ☐ ☐ Item # 16 - Adjournment A motion was made by Village Trustee Solomon at 9:09 PM, seconded by Village Trustee McGreal and voted unanimously by all to adjourn the regular meeting and enter executive session to discuss pending litigation and two personnel matters related to the Police Chief and the Police Lieutenant.