Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, MARCH 26, 2024, 8:11 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. 1 of 2024 to Repeal Chapter 28 of the Pelham Village Code Entitled “Amusement Devices” 9. Resolution Adopting Local Law No. 1 of 2024 to Repeal Chapter 28 of the Pelham Village Code Entitled “Amusement Devices” 10. Resolution Appointing Deputy Village Treasurer 11. Other Business – Tree Legislation, Accessory Dwelling Units Recurring Items 12. Authorizing Accounts Payable 13. Authorizing Minutes of: March 12, 2024 Work Session and Regular Meeting 14. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, April 9, 2024 (Note: Public Hearing on the Fiscal Year 2024-25 Tentative Budget) Tuesday, April 23, 2024 (Note: Fiscal Year 2024-25 Budget Adoption) Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:11 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:11 PM. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☐ ☒ ☐ Village Trustee Mohan ☒ ☐ ☐ Village Trustee Otondi ☐ ☒ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry – Thank you to Peter Gaito & Associates for the tour at the Municipal Center as well as Administrator Scelza for arranging the tour. The new building will house the Fire Department, Police Department, and Village Hall. It is exciting to see what’s ahead for the Village and hopefully we will be moved in by September. Village Trustee McGreal – absent. Village Trustee Mohan – The Sustainability Advisory Board have been discussing tree legislation during their meetings. Given the recent events, although not involving the Village, it is a pressing issue and should be further discussed in other business. Village Trustee Otondi – absent. Village Trustee Solomon – Congratulations to Mayor Mullen on the Grand Marshal Event, also known as the St. Patrick’s Day Parade, on Sunday, March 17 th. It was great to be a part of and well deserved. Thank you to Administrator Scelza as well for arranging the Municipal Center Tour, it is going to be an amazing facility to be going into. Happy Easter to all those who celebrate! Deputy Mayor Carpenter – nothing to report. Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 5 - Village Administrator’s Report: A reminder that communication was sent out on the week of March 18 th regarding the revised sanitation schedule for the week due to Good Friday. Recycling was moved one day forward, resulting in Area A recycling to be picked up on Wednesday instead of Thursday and Area B on Thursday instead of Friday. The Tentative Budget for fiscal year 24-25 was filed. Budget work sessions will begin on Monday, April 1st and the public hearing will be Tuesday, April 9th. It is a quick high-level summary of budget, including the tax cap increasing by $326,000 or 1.8%. We look forward to continuing to work on it until May 1st. Item # 6 - Mayor’s Report There are many things currently in progress – the Village had a tough storm and received many phone calls. They included three homes in particular on Brookside/Hillside. In this area during a storm, water flows down to the drain and becomes very big, then flows around the drain and ends up in one individual’s backyard causing it to then flow into two other backyards. The situation has worsened due to the storms as well as the Third Street Bridge. A lot of trees were removed while it was under construction, so the water now travels straight down to the low point of the area which is where these residents’ backyards are located. Once it travels to their backyards it proceeds to flow into their garages and basements as well. A few storms ago, this was made worse when the parkway flooded and the retaining wall that was put in place broke. The water travelled from the river across the parkway and flooded that as well. Although it is a separate project, the Village as well as the Department of Transportation is going to attempt to work on it. In addition to that, the Village received calls from Fourth, Fifth, and Seventh Ave at the height of the storm. On Seventh Ave, some residents have driveways slanting down from their driveways to their garages. Because of this downwards slant, they place 2 by 12s in front of their driveways to keep water out. During this storm the water was coming close to the edge so it was a close call for many residents. A work session will be coming soon as we are in dialogue with our planner, engineer, architect and specialists who did work at the Bronxville detention system. There will be potential preliminary designs of what can be done to screen the pumps, as well as images being taken to get people thinking about future possible outcomes. It is the beginning of a long process, and we are in conversation with the Board of Education as well. In other news, thanks to Peter Gaito & Associates as well as Administrator Scelza for his involvement in all meetings and sign offs pertaining to the new Municipal Center. Thanks as well to the Village of Mamaroneck & the Sound Shore St. Patrick’s Day Committee for the parade, it was a huge success with many different communities. Final thanks to Trustee Solomon for joining and aiding in the parade, as well as the town supervisor Dan McLaughlin. Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 7 - Public Comments No public comment. Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Non-Recurring Items Item # 8 – Public Hearing on Local Law No. 1 of 2024 to Repeal Chapter 28 of the Pelham Village Code Entitled “Amusement Devices” VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law No. 1 of 2024 to Repeal Chapter 28 of the Pelham Village Code Entitled “Amusement Devices” The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, March 26, 2024, on a proposed Local Law that would amend the Code of the Village of Pelham, by repealing Chapter 28 entitled Amusement Devices. 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 Adriana Rugova, Deputy Village Clerk Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 9 - Resolution Adopting Local Law No. 1 of 2024 to Repeal Chapter 28 of the Pelham Village Code Entitled “Amusement Devices” Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to repeal Chapter 28 of the Pelham Village Code entitled “Amusement Devices”; 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); 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 March 26, 2024, 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. 1 of 2024 of the Village of Pelham repealing Chapter 28 of the Pelham Village Code entitled “Amusement Devices”; 2. The Board of Trustees directs the Deputy Village Clerk to prepare said Local Law for filing with the Secretary of State. Vote Record - Item # 9 – Resolution Adopting Local Law No. 1 of 2024 to Repeal Chapter 28 of the Pelham Village Code entitled “Amusement Devices” – 8:27 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, March 26, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 10 – Resolution Appointing Deputy Village Treasurer Whereas, Kieya Glaze, by letter dated January 24, 2024, and effective February 23, 2024, submitted her letter of resignation as Deputy Village Treasurer 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 Oscar Osorio of Baldwin, NY, to the position of Deputy Village Treasurer Job Class Code 0070-03, effective Monday, April 8, 2024, with a one-year (1 Year) probationary period, at an annual salary of $95,000.00, subject to the requirements of Westchester County Civil Service, the Village of Pelham Employee Handbook, and pursuant to the provisions of the New York State Village Law § 4-408; 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 # 10 – Resolution Appointing Deputy Village Treasurer – 8:30 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, March 26, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 11 – Other Business Discussion on Tree Legislation Village Trustee Mohan begins the discussion by proposing tree legislation in light of concerns about losing our canopy. Many of the surrounding communities have tree legislations and there are different ways of approaching this. Trustee Mohan would like to further explore this as she is working with the Sustainability Advisory Board and would like to come up with a proposed legislation to address concerns as it is something that may apply to residents as well. Village Trustee Eldahry agrees, and believes it is long past due and needs to be discussed. She was told in the past that during this process, Village property must come first before moving onto private properties. Village Trustee Mohan believes there is currently a good system in place in terms of tree removal including the fact that it is being documented. Whatever route ends up being taken, it is believed to fall within protocol and comply to the legislation. The current questions are; will it apply to private property and how will it be addressed? Although tree replacement is encouraged, legislation must be sensitive to residents’ preferences and safety concerns. Mayor Mullen is slightly reluctant because it is difficult to regulate private property in a situation where there is no excessive tree removal. He values the tree canopy and wants to make sure there are enough trees to absorb the groundwater that can be cause for worry during major storms. Despite reservations, Mayor Mullen is open to the idea. Village Trustee Soloman asks if the Sustainability Advisory Board has looked into other municipalities and Village Trustee Mohan informs them that they have, and that almost every Village has a tree legislation. She also states in some way we already regulate green space on property to a certain extent, so this is only going one step further to further stress the importance of trees on private property and the purpose they serve throughout our community. Another question at hand is whether or not we will have support from the residents, to which Village Trustee Eldahry replies that the tree legislations she has read have not been restrictive and have been very reasonable. The purpose of this legislation is to get residents to think of the possible impacts of removing trees off their property without replacing them, not to generate an income. Although Deputy Mayor Carpenter agrees in terms of the purpose, he states that hiring an arborist or tree company that comes up with the cost of these tree removals could be seen as trying to generate income. Village Trustee Solomon believes another important point is the question of what the Village is doing to plant more trees? Although he likes the idea of going through permits and the planning process of this, how can we encourage increasing the canopy and having more of an eco-friendly community? Mayor Mullen agrees that the Village does need to plant more trees, but states that we do not own as much property as homeowners do. Therefore, if we make the decision to plant more trees, we must do so on private property. Village Trustee Solomon wonders if there are opportunities to partner with the state, to which Village Trustee Mohan states that she thinks there will be once the Hutchinson River study has taken place. The Board of Trustees is open to the possibility of having tree legislation that applies to the Village. Discussion on Accessory Dwelling Units: Village Trustee Eldahry wants to get the conversation started in terms of having this implemented on our own as a Municipality as opposed to this coming from the State. Some research was done by Village Trustee Eldahry regarding what other municipalities have implemented, and feels it is best to begin having a conversation on what will best suit the Village’s needs. Mayor Mullen says that the code can be very restrictive due to many people’s basements being uninhabitable. Even if it were Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 allowed, it would still require inspections from the Fire Inspector. Mayor Mullen would like to have the Fire Chief and Building Inspector share their opinions as well. When asked by Deputy Mayor Carpenter what drove this discussion, Village Trustee Eldahry explains that it stems from being the Liaison of Equity Affairs and seeing many of these units throughout the town. There is a need for them so it should be legalized if the Fire Department deems it to be safe. Village Trustee Mohan brings up two issues, one of them being enforcement of the Village Code and the other being providing affordable housing. Mayor Mullen states they can further discuss the topic offline. Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Recurring Items Item # 12 - Authorizing Accounts Payable Village Trustee Solomon 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/Treasurer: Fund Name: Amount General Fund (A) $ 82,690.71 Capital Projects Fund (H) $ 35,300.31 Trust & Agency (T) $ 350.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $ 118,341.02 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 # 12 – Authorizing the Accounts Payable – 8:55 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, March 26, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter 2nd ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, March 26, 2024 Item # 13 - Authorizing Minutes of: March 12, 2024 Work Session, Regular Meeting and Executive Session Vote Record - Item # 13 – Authorizing the Minutes of March 12, 2024 Work Session, Regular Meeting and Executive Session – 8:56 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, March 26, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☒ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 14 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Eldahry, voted unanimously by all at 8:56 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Deputy Village Clerk