Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 26, 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. Public Hearing on Local Law No. 3 of 2023 to Amend Chapter 90 of the Pelham Village Code Article I, Section 90-1, and Create Chapter 90, Article IV, Section 90-20.1 and Chapter 90, Article X, Section 90-61 Concerning Electric Vehicle Parking Spaces 9. Resolution Adopting Local Law No. 3 of 2023 Regarding the Placement of Electric Vehicle Charging Stations in Municipal Parking Lot 07 and Rules Regulating Electric Vehicle Parking Spaces 10. Resolution Authorizing Village-Wide Fee Schedule Modification as it Relates to Electric Vehicle Charging Rates and Occupancy Fee for Electric Vehicle Parking Spaces 11. Resolution Authorizing the Appointment of a School Crossing Guard (Part-Time) 12. Resolution Authorizing an Inter-Municipal Agreement Between the City of New Rochelle and the Village of Pelham for the Disposal of Organic Waste 13. Resolution Authorizing the Completion of Probation and Amendment to Employment Agreement for Police Lieutenant 14. Other Business – Resolution Appointing Police Chief Recurring Items 15. Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 16. Authorizing Accounts Payable 17. Authorizing Minutes of: September 12, 2023 Work Session, Regular Meeting & Executive Session 18. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, October 10, 2023 Tuesday, October 24, 2023 Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:07 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:07 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 – Met with the County about the Downtown Improvement Grant we received and completed a walkthrough of the Village. Village Trustee Kamal Eldahry – nothing to report. Village Trustee McGreal – absent. Village Trustee Otondi – nothing to report. Village Trustee Solomon – nothing to report. Deputy Mayor Carpenter – Thank you to the Toonerville crew, it was a great event. Item # 5 - Village Administrator’s Report: Nothing to report. Item # 6 - Mayor’s Report To continue with Village Trustee Hill-Ries report, met with JSGC consultants on loan from the County along with the Chamber of Commerce for the Downtown Revitalization Grant awarded to the Village of Pelham. The consultants are doing an analysis of the Village to determine the best places to spend the grant money. A survey will be put out to the local region to determine feedback and market data for Pelham; likely expected to start in November. The Village Board had the opportunity to walk through the Municipal Center site, it is anticipated by November the building will move into interior work. The Village of Pelham Police Department has stepped up enforcement around the school zones for pedestrian and traffic safety. Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Item # 7 - Public Comments Sandy Iyer-Horan, 68 Young Ave – Good Evening Mayor, Deputy Mayor and Board of Trustees, with her tonight is her 14 year old daughter, Shyla, who is a freshman at Pelham Memorial High School. Lived in Pelham for 13 years and are sharing tonight in hopes of increasing safety measures near the school and partner making the intersection of Boulevard and Cliff a 4- way stop. Two weeks ago, Sandy was driving Shyla and her friend to school around 7:25AM and collided with another car that was driving north bound on Cliff Ave. The Pelham PD, EMS and neighbors all came to help. It was a terrifying and traumatic experience for all involved. Shylan Horan shared how the accident affected her and her sense of safety traveling around town. She feels something needs to happen at the intersection of Cliff and Boulevard so no other student has to go through what she did and she feels safe traveling around Pelham again. Sandy noted this is not the first accident in this location and hundreds of students utilize this intersection daily. A few highlighted points about the intersection” -neighbors have been pleading for more safety measures over the years. This area should be prioritized as it is close to the school zone. There are tons of kids walking daily, biking, among many drivers who are rushing. -Cliff is used as a cut-through as Highbrook is closed and look into changing the traffic pattern and create a 4-way stop. -some intersections have a 4-way stop and some don’t. creating a 4- way stop at this intersection will force drivers to slow down. -there is an ill placed USPS mailbox which obstructs the view creating a blind spot and needs to be moved. We appreciate your continued dedication to safety of pedestrian. Noted a safety improvement of signs placed indicating that cross traffic does not stop. It is not a fully effective solution. Hope that the traffic engineers will re-assess. Over 300 signatures have been collected from Pelham residents in support of a 4-way stop. Feels data of the number of accidents would be helpful, neighbors have indicated there have been many over the years. Their focus is making sure Cliff and Boulevard intersection safer. Mayor Mullen responded he was glad everyone seemed to be doing ok. The Village traffic engineer is going to be providing more information on the intersection. In terms of the 4-way stop, Mayor Mullen has discussed previously in other intersections, and there are concerns about putting stop signs on a hill. This can be discussed more once the traffic engineer provides more information. Sandy noted that it could have been a very tragic scenario and is raising the issue in the hopes that something can be changed. Jessica DeDomenico - 234 Monterey – Was walking down Boulevard after the accident and the situation resonated with her. Her block is used as a cut-through for those trying to get to the train. Their block comes out to Boulevard at a 4-way stop but with no marked crosswalks on two of the sides. The number of times she is in the crosswalk and drivers do not wait for her to completely cross – almost no one comes to a full stop at the stop signs along the whole portion of Boulevard. There is some reckless driving going on. Mayor Mullen responded reckless driving occurs throughout the Village, stop signs are put in and then drivers roll through stop signs. In 2018 a traffic study was completed regarding traffic flow and Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 it mapped traffic flow along Boulevard to Wolfs, along Fifth to Lincoln, etc. The traffic engineer made the point when you are asking people to “go/stop/go/stop” throughout the Village, it tends to make people worse drivers. Mayor Mullen is looking forward to the feedback from the traffic engineer to apply the appropriate traffic calming measures. Oren Yavin, 301 Cliff Ave – He has seen several accidents in this location. The one previous to this the driver ended up on the corner and bent the sign where children had been walking home from school 30 seconds prior. Kids are walking on these blocks, hundreds of kids, this is a corner that we have seen a lot of people blow through the stop signs. Accidents are common in this area. Feels neighbors would be supportive of some kind of change. Sabrina Clark – Monterey – Supports Sandy’s endeavor and supports what Oren noted about the accident. Supports experimenting solutions in the area to hope that drivers react a different way. Village Trustee Hill-Ries asked if speed bumps have ever been discussed on Boulevard. Mayor Mullen said they have temporary speed humps which he would like to ask the traffic engineer about, for this location and also First Ave. Deputy Mayor Carpenter would love to get the traffic engineer’s opinion regarding drivers who fail to stop at stop signs and what is the right solution. Trustee Hill-Reis also noted it is a speed issue in the area discussed. Mayor Mullen thanked all who shared and a thank you to Village Trustee Solomon who has been speaking to residents regarding this as he is running point on the situation. Village Trustee Solomon spoke to looking at the bigger picture throughout the Village, specifically around the school and the school safety zone. Perhaps an educational campaign along with the school district. We will re- engage further after information comes from the traffic engineer. Mayor Mullen spoke to the state legislature that allows municipalities to lower the Village speed limit to 25 mph, which requires a traffic study. Not sure what is entailed in the traffic study, but perhaps there is room to look at all the other reviews noted in the meeting this evening (4-way stops, yields, etc.). Deanna Zammit – When we might see some movement on the outdoor dining regulations? There are some nice warm days in the autumn, is there any update on the timeline. Mayor Mullen responded that final language has been determined and a public session will be called for at the next meeting. It will be referred to the Village Planning Board and the County Planning Board. It is unlikely that this season will result in outdoor dining for the restaurants, most likely next season. Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Non-Recurring Items Item # 8 – Public Hearing on Local Law No. 3 of 2023 to Amend Chapter 90 of the Pelham Village Code Article I, Section 90-1, and Create Chapter 90, Article IV, Section 90-20.1 and Chapter 90, Article X, Section 90-61 Concerning Electric Vehicle Parking Spaces VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing 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 The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, September 26, 2023, on a proposed Local Law that would amend the Code of the Village of Pelham, to set forth rules governing the use of electric vehicle parking spaces in the Village. This meeting will be held virtually on Zoom and in Village Hall located at 195 Sparks Avenue 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 by clicking here. By Order of the Mayor and Village Board of Trustees Sarah LoPuzzo, Village Clerk Publication Date: September 13, 2023 Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Vote Record - Item # 8 – Open Public Hearing Local Law No. 3 of 2023 to Amend Chapter 90 of the Pelham Village Code Article I, Section 90-1, and Create Chapter 90, Article IV, Section 90-20.1 and Chapter 90, Article X, Section 90-61 Concerning Electric Vehicle Parking Spaces – 8:53 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 ☒ ☐ ☐ ☐ Vote Record - Item # 8 – Close Public Hearing Local Law No. 3 of 2023 to Amend Chapter 90 of the Pelham Village Code Article I, Section 90-1, and Create Chapter 90, Article IV, Section 90-20.1 and Chapter 90, Article X, Section 90-61 Concerning Electric Vehicle Parking Spaces – 8:54 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 26, 2023 Item # 9 – Resolution Adopting Local Law No. 3 of 2023 Regarding the Placement of Electric Vehicle Charging Stations in Municipal Parking Lot 07 and Rules Regulating Electric Vehicle Parking Spaces Whereas, the Village of Pelham installed one dual port electric vehicle charging station in Municipal Parking Lot 07; and Whereas, the Board of Trustees of the Village of Pelham has proposed a local law setting forth the rules governing use of the two parking spaces in Municipal Parking Lot 07; 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 September 26, 2023, at or about 8:00 p.m. virtually via Zoom and in Village Hall 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. 3 of 2023 of the Village of Pelham regarding the placement of electrical charging stations in Municipal Parking Lot 07 and rules regulating electric vehicle parking spaces; 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 9 – Resolution Adopting Local Law No. 3 of 2023 Regarding the Placement of Electric Vehicle Charging Stations in Municipal Parking Lot 07 and Rules Regulating Electric Vehicle Parking Spaces – 8:55PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 26, 2023 Item # 10 – Resolution Authorizing Village-Wide Fee Schedule Modification as it Relates to Electric Vehicle Charging Rates and Occupancy Fee for Electric Vehicle Parking Spaces Be it resolved, that the Board of Trustees of the Village of Pelham hereby amends the Village-Wide Fee Schedule to add Electric Vehicle Charging Rates and Occupancy Fee for Electric Vehicle Parking Spaces as follows: Electric Vehicle Charging Rates: $.45 per kWh Occupancy Fee: $5 per hour, levied 15 minutes after vehicle is fully charged Vote Record - Item # 10 – Resolution Authorizing Village-Wide Fee Schedule Modification as it Relates to Electric Vehicle Charging Rates and Occupancy Fee for Electric Vehicle Parking Spaces- 8:58 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 26, 2023 Item # 11 – Resolution Authorizing the Appointment of a School Crossing Guard (Part- Time) Whereas, Jacqueline Tolbert, by letter dated August 21, 2023, and effective August 28, 2023, submitted her 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 Ralph DeStasio of New Rochelle, NY to the position of School Crossing Guard (Part-Time) Job Class Code 0141-02, effective Monday, September 18, 2023, with a one-year (1 Year) probationary period, at an annual salary of $10,909.00 subject to 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 appointment. Vote Record - Item # 11 – Resolution Authorizing the Appointment of a School Crossing Guard (Part-Time) – 8:59 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Item # 12 - Resolution Authorizing an Inter-Municipal Agreement Between the City of New Rochelle and the Village of Pelham for the Disposal of Organic Waste Whereas, historically, the Village of Pelham has been a party to an Agreement with the City of New Rochelle providing for the disposal of organic waste and fall leaves; and Whereas, the City of New Rochelle Organic Waste Transfer Station has been under construction and temporarily closed since the Spring of 2021; and Whereas, pursuant to an Inter-Municipal Agreement (the “IMA”) with Westchester County, the City of New Rochelle operates an Organic Waste Transfer Station (the “Transfer Station”) at 85 Beechwood Avenue, New Rochelle, NY, whereby the City collects organic yard waste which is then hauled by the County to private composting facilities; and Whereas, the Village of Pelham and the City of New Rochelle, are members of the Westchester County Refuse Disposal District #1 (the “District”) for the operation of municipal organic waste recycling programs; and Whereas, pursuant to the above said IMA, the City of New Rochelle is authorized by the County to negotiate with any other municipality within the District to permit such municipality to utilize said Transfer Station; and Whereas, the Village of Pelham has requested that the City of New Rochelle allow it to use the Transfer Station, which is acceptable to the City of New Rochelle in accordance with the terms herein and subject to the terms of the IMA; and Whereas, this agreement shall be effective October 15, 2023, and terminate October 1, 2026; and Whereas, New York State General Municipal Law, Article 5-G, authorizes the Village and City the ability to enter into an Inter-Municipal Agreement to jointly establish and operate such programs. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Inter-Municipal Agreement between the Village of Pelham and the City of New Rochelle for the disposal of organic waste for the period of October 15, 2023 through October 1, 2026. Vote Record - Item # 12 – Resolution Authorizing an Inter-Municipal Agreement Between the City of New Rochelle and the Village of Pelham for the Disposal of Organic Waste – 9:01 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 26, 2023 Item # 13 Resolution Authorizing the Completion of Probation and Amendment to Employment Agreement for Police Lieutenant Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the acknowledgment of the successful completion of probation for Michael Sheehy as Police Lieutenant, which is approved based on the positive evaluation and recommendation of the Police Chief; and Be it further resolved, Police Lieutenant Michael Sheehy’s salary shall increase to $165,000.00, effective Monday, September 25, 2023; and Be it further resolved, the Village Administrator is authorized to amend Article II, Section 2.11 of his Employment Agreement to read as follows: “The Employee shall be paid an annual longevity payment in the first payroll period of August each year as follows: August 2024, $5,000.00; August 2025, $6,000.00. Longevity payments are not to exceed $6,000.00.” Vote Record - Item # 13 – Resolution Authorizing the Completion of Probation and Amendment to Employment Agreement for Police Lieutenant - 9:02 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 26, 2023 Item # 14 – Other Business Item # 14 A - Resolution Appointing Police Chief Whereas, the Westchester County Department of Human Resources has certified to the Village of Pelham a list of eligible candidates for the permanent appointment position of Police Chief; and Whereas, Danny Green is ranked on the foresaid list of eligible candidates. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Danny Green of Pelham, NY to the position of Police Chief, Job Class Code 0130-01, from Westchester County Civil Service Eligible List # 77-618, effective Monday, September 25, 2023, at annual salary of $190,000.00, pursuant to the applicable provisions of New York State Civil Service Law and the Unconsolidated Laws of New York State and for a probationary period of six (6) months; and Be it further resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute an Employment Agreement with Police Chief Danny Green; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to affect this appointment. Vote Record - Item # 14A – Resolution Appointing Police Chief - 9:04 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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, September 26, 2023 Item # 14B - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-140 of the Code of the Village of Pelham to Create a Special Permit in the Village’s Business-1 District (“B-1 District”), Business-2 District (“B-2 District”), and Business-3 District (“B-3 District”) to permit, under limited circumstances, restaurants to provide seasonal outdoor dining areas of their property other than the public sidewalks. Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-140 of the Code of the Village of Pelham to create a special permit in the Village’s Business-1 District (“B-1 District”), Business-2 District (“B-2 District”), and Business-3 District (“B-3 District”) to permit, under limited circumstances, restaurants to provide seasonal outdoor dining areas of their property other than the public sidewalks. The Board of Trustees has reviewed and considered the Full Environmental Assessment Form. 2. The Village Board of Trustees reaffirms that: a. The proposed action is subject to the requirements of SEQRA; b. The proposed action is an Unlisted Action; c. The action is not located in an agricultural district; and 3. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 4. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Village Clerk to make that referral. 5. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Vote Record - Item # 14B – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-140 of the Code of the Village of Pelham to Create a Special Permit in the Village’s Business-1 District (“B-1 District”), Business-2 District (“B- 2 District”), and Business-3 District (“B-3 District”) to permit, under limited circumstances, restaurants to provide seasonal outdoor dining areas of their property other than the public sidewalks. - 9:06 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Recurring Items Item # 15 - Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Village Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Village Administrator/ Treasurer to modify the 2023-24 Budget by making the following budget amendments and transfers (items attached hereto and made part hereof). Vote Record - Item # 15 – Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 – 9:08PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 26, 2023 Item # 16 - 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) $101,244.47 Capital Projects Fund (H) $101,582.60 Trust & Agency (T) $ 4,675.00 Grand Total $ 207,502.07 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 # 16 - Resolution Authorizing the Accounts Payable – 9:10 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 26, 2023 Item # 17 - Authorizing Minutes of: September 12, 2023 Work Session, Regular Meeting and Executive Session Vote Record - Item # 17 – Authorizing the Minutes of September 12, 2023 Work Session, Regular Meeting and Executive Session – 9:11 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 26, 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 # 18 - Adjournment A motion was made by Village Trustee Solomon and seconded by Village Trustee Eldahry and voted unanimously by all to adjourn the regular meeting at 9:11 PM.