Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING AGENDA TUESDAY, NOVEMBER 28, 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 Village-Wide Bagging of Short-Term 2 & 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Monday, December 11th through Tuesday, January 2nd 9. Resolution Authorizing the Execution of a Grant Disbursement Agreement with the Dormitory Authority of the State of New York (DASNY) Regarding Project ID: # 25913 for Storm and Emergency Equipment for the Village of Pelham Fire Department 10. Resolution Authorizing Tax Certiorari Settlement and Payment for Pelham Apartments, LLC. (331 Fifth Avenue) 11. Resolution Authorizing an Agreement with Weston and Sampson, PE, LS, LA, Architects PC for an Abbreviated Feasibility Study of the Village of Pelham Department of Public Works Facility 12. Resolution Granting an Extension of Site Plan Approval for 48 First Street 13. Resolution Calling for a Public Hearing on Local Law No. 5 of 2023 Amending Chapter 75 of the Code of the Village of Pelham Regarding an Amendment to Chapter 75-6 of the Code of the Village of Pelham to Extend the Dates which Sidewalk Cafes can Operate in the Village 14. Other Business Recurring Items 15. Authorizing Accounts Payable 16. Authorizing Minutes of: 17. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, December 12, 2023 (Note: Organizational Meeting) Tuesday, January 9, 2024 Village Board of Trustees Regular Meeting Tuesday, November 28, 2023 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:05 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the Pledge at 8:05 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 – Late 8:13PM ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – Congratulations to the Chamber of Commerce on a great holiday event, Winter Wonderland. Village Trustee Hill-Ries has had a wonderful experience with her time on the Board, this is her last meeting and she is glad to have been a part of this Board and the great strides that have been made. Village Trustee Kamal Eldahry – absent. Village Trustee McGreal – nothing to report. Village Trustee Otondi – nothing to report. Village Trustee Solomon – nothing to report. Deputy Mayor Carpenter – over the last month or two, a series of traffic light outages has occurred along Pelhamdale, 6th St, 7th St. and Willow Ave and would like to have a traffic study of those locations to determine traffic flow in the area for stop signs vs. traffic lights. Item # 5 - Village Administrator’s Report: Nothing to report. Item # 6 - Mayor’s Report Thank you and congratulations to Pelham Civics, Pelham Chamber of Commerce, and the Town of Pelham and Volunteers who participated in Small Business Saturday which made it so successful. Village Board of Trustees Regular Meeting Tuesday, November 28, 2023 Mayor Mullen and the Village Trustees all expressed their appreciation to Village Trustee Hill-Ries for their time working together on the Board. Item # 7 - Public Comments Rosemary Brooks, 166 Sparks Ave – Regarding the presentation at the last meeting for 101 Wolfs Lane she had a few follow up questions and sent emails to the Board with a number of questions and is looking for a follow up. The last paragraph of her email is that she is looking forward to having an opportunity for a dialogue with the Mayor, Board and Trustees along with the developer where concerns can be voiced. Is that something that can be anticipated as the residents of Sparks Ave can be heavily impacted by construction? Mayor Mullen responded and apologized for the delay in response to the emails due to the holiday weekend. Developers have always been encouraged to meet with those potentially impacted. Mayor Mullen can reach out to them and encourage them to have a meeting. The Planning Board and ARB both invite public comment, and at the end of the process there is more public comment. A follow up question was posed by Ms. Brooks regarding the “Master Plan”, not understanding how decisions can be made without having a master plan for the DPW and 101 Wolfs Lane, and developing one in a timely manner that goes along with the timeline of 101 Wolfs Lane. The mayor responded that there may be different opinions on a complete master plan. The Board does now want to agree to an easement that prevents us from doing things we need to do with the DPW and parking lot. A follow up question was posed by Ms. Brooks regarding the flood study – understand it is in the early stages of investigation, but do all understand that the water goes someplace, no matter what plan is decided on, and consideration needs to be taken as to where the plan for the water is going to go as she feels the river cannot accommodate any more water. Mayor Mullen responded that the engineer did analysis of potential river overflow, which is noted that it will not happen. The water that we are dealing with is already going to the river, the only thing we are doing to the water is to have a travel system for the water under the road instead of on top of the road as it does now. Gwen Miller-Taponga, 175 Sparks Ave – Regarding 101 Wolfs Lane, noted it was approved to be referred to the ARB and Planning Board, what is the timeline – does it start the process for the site plan review, the SEQRA process; what is the timeline? Mayor Mullen responded the timeline is first a meeting is needed to discuss the easement, then to the Planning Board and ARB, there is no sixty day “clock”. Effectively there is no confirmed timeline. Gwen followed up regarding the review of the DPW and the property we want studied, does that include 101 Wolfs Lane and will it impact what we want to do? Is there another way to do a study to determine if the private property is the best use of that property? The Mayor responded that we are explicitly looking to put the DPW on their private property. Our study will not determine how to use the private property. Gwen asked if the developer could be asked to complete a study of the property for best use. Village Board of Trustees Regular Meeting Tuesday, November 28, 2023 Marin Zielinski, 60 First Street – hoping the Board members got the letter she sent regarding the annual frustration surrounding the political lawn signs. In addition to that letter, Marin did not canvass, but this has emerged from a conversation on social media. There is a question regarding the tiny fraction of land owned by the Village – to not allow political lawn signs on that portion of land. Is that a change that the Board would be open to and if so, what is the timeline? Mayor Mullen responded that this has not previously been discussed by the Board. Just to clarify this is not a request to limit political signs on private or public property, but limit the number of signs per square foot. Marin indicated a limitation would be great if legally doable, but if not than a ban on public property is minimally impactful to the number of signs throughout the whole village. Mayor Mullen noted some frustration with the “dumping” of lawn signs and the signs up on the utility poles. In terms of changing the rules, Deputy Mayor Carpenter noted it brings up an issue regarding the first amendment. The Village Trustees discussed the topic of lawn signs throughout the Village. Village Trustee Solomon recommended referring the conversation to council for advisement and it will be looked into. Village Board of Trustees Regular Meeting Tuesday, November 28, 2023 Non-Recurring Items Item # 8 – Resolution Authorizing the Village-Wide Bagging of Short-Term 2 & 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Monday, December 11th through Tuesday, January 2nd Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Department of Public Works and Police Department to coordinate and implement the Village-wide bagging of on- street, short term, two & three-hour limit parking meters in the Downtown during the holidays, for holiday shopping from Monday, December 11th through Tuesday, January 2nd. Vehicles may park free-of-charge at short-term two- or three-hour limit parking meters for a maximum of two or three hours. Vote Record - Item # 8 – Resolution Authorizing the Village-Wide Bagging of Short-Term 2 & 3 – Hour Limit Parking Meters for Holiday Shopping Starting on Monday, December 11th through Tuesday, January 2nd – 8:50 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 9 – Resolution Authorizing the Execution of a Grant Disbursement Agreement with the Dormitory Authority of the State of New York (DASNY) Regarding Project ID: # 25913 for Storm and Emergency Equipment for the Village of Pelham Fire Department Whereas, the Village of Pelham (“Village”) has been selected to receive a State and Municipalities Program grant in the amount of $118,000.00 for storm and emergency equipment for the Village of Pelham Fire Department; and Whereas, the Village has fulfilled all of the criteria necessary to receive the grant and is required to execute a Grant Disbursement Agreement with the Dormitory Authority of the State of New York for the aforementioned equipment purchases. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Grant Disbursement Agreement with the Dormitory Authority of the State of New York regarding Project ID: # 25913. Vote Record - Item # 9 – Resolution Authorizing the Execution of a Grant Disbursement Agreement with the Dormitory Authority of the State of New York (DASNY) Regarding Project ID: # 25913 for Storm and Emergency Equipment for the Village of Pelham Fire Department – 8:51 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 10 – Resolution Authorizing Tax Certiorari Settlement and Payment for Pelham Apartments, LLC. (331 Fifth Avenue) Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Court Ordered settlement and payment for a refund of Village taxes and reduction in assessment to Pelham Apartments, LLC, pursuant to the Court Order and Judgement for the property at the following address for the following amounts: Address: Tax Lot ID #: Assessment Years: Amount: 331 Fifth Avenue 163.28-2-27 2016 $697.04 2017 $741.35 2018 $702.56 2019 $741.23 2020 $871.75 2021 $784.40 2022 $795.33 Total Refund: $5,333.67 Be it further resolved, that the Village Administrator/Treasurer and Town Assessor are authorized to take the necessary and appropriate actions to affect this Court Order and refund these Village taxes. Vote Record - Item # 10 – Resolution Authorizing Tax Certiorari Settlement and Payment for Pelham Apartments, LLC. (331 Fifth Avenue) – 8:52 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 11 – Resolution Authorizing an Agreement with Weston and Sampson, PE, LS, LA, Architects PC for an Abbreviated Feasibility Study of the Village of Pelham Department of Public Works Facility Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Scope of Services and Fee Proposal dated November 20, 2023, from Weston and Sampson, PE, LS, LA, Architects PC, for an abbreviated feasibility study of the Village of Pelham Department of Public Works facility in amount not to exceed $16,000.00. Vote Record - Item # 11 – Resolution Authorizing an Agreement with Weston and Sampson, PE, LS, LA, Architects PC for an Abbreviated Feasibility Study of the Village of Pelham Department of Public Works Facility Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 12 – Resolution Granting an Extension of Site Plan Approval for 48 First Street Whereas, on April 11, 2023, the Village of Pelham Board of Trustees granted Site Plan Approval to 48 Pelham Property LLC (the “Applicant”) for a proposed Transit Oriented Development project at 48 First Street (the “Property”); and Whereas, said Site Plan approval was set to expire on August 9, 2023, if the Applicant failed to obtain a Building Permit within 120 days of the approval resolution, unless the Village Board of Trustees extended, 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 July 17, 2023, the Village Board of Trustees received a request from the Applicant for its first 120-day extension of the time in which they must obtain a Building Permit, and on August 8, 2023, the Village Board of Trustees granted such request; and Whereas, on November 22, 2023, the Village Board of Trustees received a request from the Applicant for its second 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 second 120-day extension of the Site Plan Approval, such that the Applicant must now obtain a building permit by no later than April 5, 2024. Vote Record - Item # 12 – Resolution Granting an Extension of Site Plan Approval for 48 First Street – 8:53 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 13 - Resolution Calling for a Public Hearing on Local Law No. 5 of 2023 Amending Chapter 75 of the Code of the Village of Pelham Regarding an Amendment to Chapter 75- 6 of the Code of the Village of Pelham to Extend the Dates which Sidewalk Cafes can Operate in the Village Whereas, the Board of Trustees of the Village of Pelham has proposed a local law amending Chapter 75-6 of the Code of the Village of Pelham to extend the dates which Sidewalk Cafes can operate in the Village; 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 New York State Environmental Quality Review Act (SEQRA). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, December 12, 2023, at 8:00 p.m. or soon thereafter on a proposed local law to extend the dates which Sidewalk Cafes can operate in the Village. This meeting will be held at Village Hall, 195 Sparks Avenue, Pelham, New York; and Be it further resolved, that those members of the public who want to attend/participate in the public hearing remotely, access will be available via the Zoom platform: Please click this URL to join the public hearing remotely: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 Vote Record - Item # 13 – Resolution Calling for a Public Hearing on Local Law No. 5 of 2023 Amending Chapter 75 of the Code of the Village of Pelham Regarding an Amendment to Chapter 75-6 of the Code of the Village of Pelham to Extend the Dates which Sidewalk Cafes can Operate in the Village - 8:54 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 14 – Other Business Survey from JGSC Group regarding the Downtown Revitalization Grant that will be blasted out via email, our website and social media, etc. Village Trustee Solomon and Village Trustee Hill-Ries will be spearheading the disbursement of the survey. Village Board of Trustees Regular Meeting Tuesday, November 28, 2023 Recurring Items Item # 15 - Authorizing Accounts Payable Deputy Mayor Carpenter 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) $282,525.33 Capital Projects Fund (H) $ 1,843.13 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $284,368.46 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 # 15 - Resolution Authorizing the Accounts Payable – 9:00 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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, November 28, 2023 Item # 16 - Authorizing Minutes of: Vote Record - Item # 16 – Village of Pelham Board of Trustees Regular Meeting Tuesday, November 28, 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 ☐ ☐ ☐ ☐ Item # 17 - Adjournment A motion was made by Village Trustee Solomon and seconded by Village Trustee Hill-Ries and voted unanimously by all to adjourn the meeting at 9:01 PM.