Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, APRIL 23, 2024, 9:10 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. Junior League Presentation on Woodland Park 9. Public Hearing on Heart and Soul Hospitality Group, Inc., - Outdoor Dining Special Permit (65 First Street, SBL 163.44-1-2.7) 10. Public Hearing on ESG Restaurant Enterprises, Inc., - Outdoor Dining Special Permit (503 Fifth Avenue, SBL 158.84-2-30.1) 11. Special Use Permit Heart and Soul Hospitality Group, Inc., - Outdoor Dining (65 First Street, SBL 163.44-1-2.7) 12. Special Use Permit ESG Restaurant Enterprises, Inc., - Outdoor Dining (503 Fifth Avenue, SBL 158.84-2-30.1) 13. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 2) 14. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 2) 15. Fiscal Year 2024-25 Budget Adoption (All Resolutions A-E) 16. Resolution Calling for a Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” 17. Other Business – Resolution Authorizing Special Event Request from Pelham Together Recurring Items 18. Authorizing Accounts Payable 19. Authorizing Minutes of: April 9, 2024 Work Session and Regular Meeting 20. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, May 14, 2024 Tuesday, May 28, 2024 Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 9:10 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 9:10 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 (Virtual) ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry – nothing to report. Village Trustee McGreal – absent. Village Trustee Mohan – nothing to report. Village Trustee Otondi – nothing to report. Village Trustee Solomon – A follow up on pedestrian safety. Village Trustee Solomon had a conversation with Chief Green and Chief Benkwitt. The Police Department is looking at zoning for school areas as well as signs and street laws. The Village is moving forward with the engineering study in May to reduce speed limits to 25 miles per hour as well as developing an educational campaign for pedestrian safety. Deputy Mayor Carpenter – Go army! Item # 5 - Village Administrator’s Report: The Village is wrapping up spring leaf and organic collection on April 30 th and switching over to organic collection on Wednesdays ONLY village wide. A reminder that nothing can be placed curbside after April 30th when the street sweeper is out and wrapping everything up. Organic collection will go from now until the fall. Item # 6 - Mayor’s Report The US army field band concert this weekend was phenomenal. Thank you to Pelham Post 50 and all that worked hard to organize it. Happy Passover! Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 7 - Public Comments Lakshmi Benfaida, 219 Young Ave – Has lived there for 23 years. In 2006, there was a rockslide between her property and the one behind hers. At that time both neighbors were given a notice of hazardous conditions. Benfaida had paid for a geotechnical engineer costing her $20,000 while stating her neighbors did nothing. On April 30th, 2015 portions of the boundary wall between 219 Young Ave and 228 Highbrook Avenue collapsed. The Village issued a 24 notice, and further remediation was refused by the homeowners at 228 Highbrook Avenue, the Childs. From May of 2015 to August of 2015, Benfaida made multiple phone calls and visits to the Building Department, and was told by the Village that both parties would appear before the Village Judge which never happened. She was then told it was a civil matter between neighbors and that the Village could not get involved. When Benfaida returned, she was told it is her sole responsibility to repair the wall and when asked why this changed, she was told her neighbors were friends with the mayor at that time. When she hired a contractor, the contractor stated the wall needed to be fixed by both Benfaida and the Childs. The contractor made a visit to the Building Department and Building Inspector Lenny Russo which resulted in no follow up from the Village. In 2015, Mrs. Childs denied any responsibility in taking care of the wall as there is no maintenance agreement. June 21st, 2015 the village issued a notice that Benfaida is solely responsible. In September of 2018 the Village filed action against her seeking injunctive relief. On October 12, 2022, Benfaida was ordered 120 days to repair, remove and replace the stones on the retaining wall which is 8 to 10 feet high and 90 feet long. Benfaida filed appeal on March 9 2022 and was denied. A month later, the Village and the Childs filed contempt motion which was denied in September of 2022. The following March, the Village denied a permit while the Childs denied access to the contractor to stabilize and secure the property pending architect drawings and a permit application to the Village. The architect and contractor then withdrew from the project. The Building Department emailed Council stating as per court order, the Village will issue a permit once we receive a check. Council for the Childs made additional restrictions to be met before they allowed access on to the property. The contractor had to sign an agreement giving him access to only 50 feet of the 90-foot wall and no part of the wall could be built on the Child’s property. The contractor had to then seek skilled workers to finish work in a timely manner due to winter approaching, which is not conducive to masonry work. The permit submitted in May of 2022 was not approved until November of 2022, taking approximately 221 days. Construction began the same month and was completed in December of 2022 which included 90 feet of the wall, 42 feet of which were replaced. In January of 2023, Council of the Childs emailed the Council of Benfaida requesting them to submit a permit and replace the remaining 47 feet of the wall which was restricted in the previous permit. In March of 2023, Council of the Childs stated that only 10 feet of the wall was repaired in which the Court then ordered the Village to do an inspection. The Village reported that the wall needs to be removed and replaced based on the visual inspection. Benfaida hired an engineer, submitted plans regarding anchoring the stone wall and also included reference from the report of the Village Engineer which stated 29 feet of the stone retaining wall is encroached on the Childs property. Council from the Village informed the court that the Village will only approve a permit for the removal and replacement of the wall, not for anchoring. The window for Benfaida to file an appeal with the Planning Board has expired. Despite phone calls and in person visits, the permit is not closed. The Village now has a settlement agreement requesting $250,000 from Benfaida while the Childs are requesting $520,000. The next settlement conference will take place on May 17th, if there is no agreement there will be a bench trial. Benfaida states her attorney and construction fees total $710,000 and still counting. She is looking to the Board of Trustees for help. Mayor Mullen states it’s not a good time because the case is currently in litigation, Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 however, he will check in with council. Although Mayor Mullen can check with Counsel to make sure the Village is appropriately enforcing the Code, there it not much more that he can say regarding the matter. Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Non-Recurring Items Item # 8 – Junior League Presentation on Woodland Playground The Junior League of Pelham is proposing work to be done on the Woodland Park Playground. Some of this work includes updating and fixing the current structures, adding new structures that add a bigger age range, adding swings, music elements, a spider net, and a slide and climb tower. The Junior League included a map showing where all these structures and elements will be placed in the park as well as pictures of what these structures will look like. In addition to the structures, the Junior League of Pelham is removing invasive plants in the park and replacing them with native plants such as shrubs, sedges or grasses, and herbaceous plants. Outside the playground there will be a low maintenance butterfly garden involving a planting project with native flowers such as bee balm, swamp milkweed, echinacea, black eyed Susans and more. The proposed work will also include fence maintenance and new mulch added to the site. If you are a member of the community and would like to donate to the project, you can do so by visiting The Junior League’s website JLPelham.org. Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 9 - Public Hearing on Heart and Soul Hospitality Group, Inc., - Outdoor Dining Special Permit (65 First Street, SBL 163.44-1-2.7) Vote Record - Item # 9 – Opening the Public Hearing for the Outdoor Dining Special Permit (65 First Street) Village of Pelham Board of Trustees Regular Meeting – 9:41 PM Tuesday, April 9, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Vote Record - Item # 9 – Closing the Public Hearing for the Outdoor Dining Special Permit (65 First Street) Village of Pelham Board of Trustees Regular Meeting – 9:42 PM Tuesday, April 9, 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 ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 10 – Public Hearing on ESG Restaurant Enterprises, Inc., - Outdoor Dining Special Permit (503 Fifth Avenue, SBL 158.84-2-30.1) Vote Record - Item # 10 – Opening the Public Hearing for the Outdoor Dining Special Permit (503 Fifth Avenue) Village of Pelham Board of Trustees Regular Meeting – 9:42 PM Tuesday, April 9, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Vote Record - Item # 10 – Closing the Public Hearing for the Outdoor Dining Special Permit (503 Fifth Avenue) Village of Pelham Board of Trustees Regular Meeting – 9:43 PM Tuesday, April 9, 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, April 23, 2024 Item # 11 - Special Use Permit Heart and Soul Hospitality Group, Inc., - Outdoor Dining (65 First Street, SBL 163.44-1-2.7) Resolution Regarding the Application of Heart and Soul Hospitality Group, Inc. (d/b/a The Rail House 10803) 65 First Street Outdoor Dining Special Permit Whereas, an application was filed for a Special Permit for outdoor dining pursuant to Chapter 98- 106.5 of the Village Code to permit the use of a 600 square foot portion of the existing paved parking area for outdoor dining with approximately sixteen (16) tables (40-person maximum occupancy), all of which will be located under a temporary pergola; and Whereas, the Applicant proposes that the outdoor dining area will be screened from views of adjacent properties and roadways with natural landscaping; and Whereas, valet parking services will be utilized in compliance with Village Code Sections 98-113(H) and 98-106.5(F) to provide parking for patrons; and Whereas, the proposed action has been determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA); and Whereas, the Village Board of Trustees declared Lead Agency on March 12, 2024; and Whereas, the Village Board of Trustees referred the Application to the Village Architectural Review Board (“ARB”) on March 12, 2024, in accordance with Village Code Section 98-160.5(D)(14); and Whereas, at a regularly scheduled meeting of the ARB held March 20, 2024, the ARB reviewed the Application pursuant to Village Code Section 98-160.5(D)(14); and Whereas, the ARB conditionally approved the Application subject to the removal of a non-compliant sign; and Whereas, the Village Board of Trustees has compared the proposed action with the Criteria for Determining Significance in 6 NYCRR 617.7 (c) and determined that the proposed action will not have a significant adverse impact on the environment; and Whereas, the Village Board of Trustees has considered all reasonably related long-term, short-term, direct, indirect, and cumulative environmental effects associated with the proposed action including other simultaneous or subsequent actions; 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 conducted on April 23, 2024, at or about 8:00 p.m. virtually via Zoom and in Village Hall and subsequently closed on April 23, 2024, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed Special Permit. Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, as follows: Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 A. The proposed action is the approval of a Special Permit for outdoor dining pursuant to Chapter 98-106.5 of the Village Code. The proposal is to adapt a 600 square foot portion of the existing paved parking area for outdoor dining. The outdoor dining area would have approximately sixteen (16) tables (40-person maximum occupancy). The dining area would be screened from views of adjacent properties and roadways with natural landscaping. Since the dining area would be located in the property’s existing parking area, the restaurant would provide a valet parking service, pursuant to Sections 98-113(H) and 98-106.5[F]. B. The Village Board of Trustees has reviewed the Application submission for the Outdoor Dining Special Permit, dated March 5, 2024, and considered the Short Environmental Assessment Form submitted by the applicant. C. The Village heard testimony from the Applicants representatives regarding the proposed Outdoor Dining. Be it further resolved, that the Board of Trustees, based upon its review of the information received in the Applicant’s submission and testimony, as well as any and all public comments received during the Application review process, as well as the Architectural Review Board’s conditional approval, finds that the Application complies with the Outdoor Dining Standards set forth in Village Code Section 98-106.5(D); and Be it further resolved, that the following plans and documents are approved subject to the below- listed conditions: 1. Outdoor Dining Application, dated March 5, 2024 2. Short-form EAF, dated March 4, 2024 3. Plan entitled The Rail House 10803, 65 1st Street, Pelham, NY (Dwg. No. T-100), originally dated January 8, 2024 and last revised March 20, 2024. Vote Record - Item # 11 – Resolution Regarding the Application of Heart and Soul Hospitality Group, Inc. (d/b/a The Rail House 10803) 65 First Street Outdoor Dining Special Permit – 9:44 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 12 - Special Use Permit ESG Restaurant Enterprises, Inc., - Outdoor Dining (503 Fifth Avenue, SBL 158.84-2-30.1) Resolution Regarding the Application of ESG Restaurant Enterprises Inc. (d/b/a Sergio’s Ristorante of Pelham) 503 Fifth Avenue Outdoor Dining Special Permit Whereas, on March 5, 2024 an application was filed for a Special Permit for outdoor dining pursuant to Chapter 98-106.5 of the Village Code to permit the use of a 1,630 square foot portion of the existing paved parking area for outdoor dining with approximately twenty-four (24) tables, half of which will be located under a temporary pergola; and Whereas, the Applicant proposes that the outdoor dining area will be screened from views of adjacent properties and roadways with natural landscaping; and Whereas, valet parking services will be utilized in compliance with Village Code Sections 98-113(H) and 98-106.5(F) to provide parking for patrons; and Whereas, the proposed action has been determined to be an Unlisted Action under the State Environmental Quality Review Act (SEQRA); and Whereas, the Village Board of Trustees declared Lead Agency on March 12, 2024; and Whereas, the Village Board of Trustees referred the Application to the Village Architectural Review Board (“ARB”) on March 12, 2024, in accordance with Village Code Section 98-160.5(D)(14); and Whereas, at a regularly scheduled meeting of the ARB held March 20, 2024, the ARB reviewed the Application pursuant to Village Code Section 98-160.5(D)(14); and Whereas, the Application was approved based on the Applicant’s Attorney revising the cover letter to properly reflect use of the new tent structure in lieu of existing; and Whereas, the Applicant filed a supplemental submission on March 25, 2024; and Whereas, the Village Board of Trustees has compared the proposed action with the Criteria for Determining Significance in 6 NYCRR 617.7 (c) and determined that the proposed action will not have a significant adverse impact on the environment; and Whereas, the Village Board of Trustees has considered all reasonably related long-term, short-term, direct, indirect, and cumulative environmental effects associated with the proposed action including other simultaneous or subsequent actions; 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 conducted on April 23, 2024, at or about 8:00 p.m. virtually via Zoom and in Village Hall and subsequently closed on April 23, 2024, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed special permit. Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, as follows: A. The proposed action is the approval of a Special Permit for outdoor dining pursuant to Chapter 98-106.5 of the Village Code. The proposal is to adapt a 1,630 square foot portion of the Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 existing paved parking area for outdoor dining. The outdoor dining area would have approximately twenty-four (24) tables. The dining area would be screened from views of adjacent properties and roadways with natural landscaping. Since the dining area would be located in the property’s existing parking area, the restaurant would provide a valet parking service, pursuant to Sections 98-113(H) and 98-106.5[F]. B. The Village Board of Trustees has reviewed the Application submissions for the Outdoor Dining Special Permit, dated March 5, 2024 and March 25, 2024, and considered the Short Environmental Assessment Form submitted by the applicant. C. The Village heard testimony from the Applicants representatives regarding the proposed Outdoor Dining. Be it further resolved, that the Board of Trustees, based upon its review of the information received in the Applicant’s submission and testimony, as well as any and all public comments received during the Application review process, as well as the Architectural Review Board’s approval, finds that the Application complies with the Outdoor Dining Standards set forth in Village Code Section 98-106.5(D); and Be it further resolved, that the following plans and documents are approved subject to the below- listed conditions: 1. Outdoor Dining Application, dated January 10, 2024 2. Short-form EAF, dated March 4, 2024 3. Plan entitled Sergio’s Ristorante of Pelham, Site Plan-Outdoor Dining Area (Sheet No. A01), originally dated December 15, 2023 and last revised January 5, 2024. Vote Record - Item # 12 – Resolution Regarding the Application of ESG Restaurant Enterprises Inc. (d/b/a Sergio’s Ristorante of Pelham) 503 Fifth Avenue Outdoor Dining Special Permit – 9:45 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 13 - Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 2) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Luciano Morello, Jr., of Copiague, New York, to the position of Police Officer (4 th Grade) Job Class Code 0134-01, effective May 6, 2024, at an annual salary of $84,190.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Benevolent Association Collective Bargaining Agreement, Village of Pelham Employee Handbook, the Unconsolidated Laws of New York State and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 13 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 2) – 9:46 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Item # 14 - Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 2) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Christian Barreto of Tuckahoe, New York, to the position of Police Officer (4th Grade) Job Class Code 0134-01, effective May 6, 2024, at an annual salary of $84,190.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Benevolent Association Collective Bargaining Agreement, Village of Pelham Employee Handbook, the Unconsolidated Laws of New York State and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 14 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 2) – 9:47 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Item # 15 – Fiscal Year 2024-25 Budget Adoption (All Resolutions A-E) Budget Resolution (A) Resolution Amending and Revising the Tentative 2024-25 Village Budget for Finalization as Adopted Budget Whereas, the Village of Pelham Board of Trustees has met at the times and place specified in the Notice of Public Hearing on the proposed budget and heard all persons desiring to be heard thereon; and, subsequently consulted with the appropriate Village officials on the contents thereof and determined that certain modifications would be desirable; and Whereas, the Tentative Budget was reviewed and amended at Budget Work Sessions held on April 1, 2024, April 3, 2024, and April 10, 2024. Now, therefore, be it resolved, that the Tentative Budget be amended and revised as follows: SEE ATTACHED BUDGET CHANGES FORM Vote Record - Item # 15 – Fiscal Year 2024/25 Budget Adoption RESOLUTION A – 9:52 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Budget Resolution (B) Resolution Adopting a Budget for the Fiscal Year Commencing June 1, 2024 and Ending May 31, 2025 Making Appropriations for the Conduct of the Village Government and Establishing the Rates of Compensation for Officers and Employees for Such Period Whereas, the Village of Pelham Board of Trustees has met at the time and place of April 9, 2024, as specified in the Notice of Public Hearing on the tentative budget and heard all persons desiring to be heard thereon; and Whereas, the Tentative Budget has been amended as specified in Budget Resolution (A). Now, therefore, be it resolved, that the budget as amended at Budget Work Sessions held on April 1, 2024, April 3, 2024, and as presented at the Budget Public Hearing on April 9, 2024, as hereinafter set forth is hereby adopted and the salaries and wages stated in the Salary Schedule of the budget are fixed at the amounts shown and are effective June 1, 2024, unless provided for by other means. Vote Record - Item # 15 – Fiscal Year 2024/25 Budget Adoption RESOLUTION B Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Budget Resolution (C) Resolution Levying the 2024 Village Tax, Establishing the Tax Rate and Fixing Dates of Payment Note: In accordance with § 1420 of the Real Property Tax Law, upon completion of the budget, but not later than May 15th, the Village Board of Trustees shall determine and levy the tax for the ensuing fiscal year. Whereas, pursuant to § 5-508 of the New York State Village Law, the Board of Trustees has adopted the Village Budget for the fiscal year commencing June 1, 2024 and ending May 31, 2025; and Whereas, such budget as adopted establishes a general Village Property Tax Levy of $13,417,579.00 for this period. Now, therefore, be it resolved, that there are levied and assessed the sum of $13,417,579.00 against all taxable real property and special franchise in the Village, pursuant to this budget, as adopted, and the 2024 Village Tax Rate is set at $6.7113866 per thousand dollars of assessed valuation for Homestead Properties and $9.5465998 per thousand dollars of assessed valuation for Non-Homestead Properties. The Receiver of Taxes for the Town of Pelham is hereby authorized and directed to extend and carry out upon the 2024 tax roll the amount to be levied against each parcel of real property and each special franchise shown thereon; and Be it further resolved, that pursuant to § 1432 of the Real Property Tax Law, taxes levied as aforesaid are due June 1st, and payable by July 1, 2024, and the dates and rates of interest shall be set as follows: Vote Record - Item # 15 – Fiscal Year 2024/25 Budget Adoption RESOLUTION C – 9:53 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Payment Due: June 1, 2024 From June 1, 2024 to July 1, 2024 – No Interest on July 2, 2024 – 5% will be added and 1% additional on the first day of each month thereafter until paid. Budget for the Village of Pelham for the Fiscal Year June 1, 2024 to May 31, 2025 General Fund: General Government Support $1,931,568.00 Public Safety $7,125,854.00 Transportation $ 478,494.00 Culture and Recreation $ 377,582.00 Home and Community Services $1,123,557.00 Employee Benefits $5,813,816.00 Debt Service $ 904,282.00 Transfer to Capital Fund $ 0.00 Total $17,755,153.00 Less Estimated Revenue $4,337,574.00 Property Tax Levy $13,417,579.00 Assessed Valuation: Homestead $1,659,247,864.00 Tax Rate per Thousand: Homestead $6.7113866 Assessed Valuation: Non-Homestead $239,009,201.00 Tax Rate per Thousand: Non-Homestead $9.5465998 The total amount of local assistance to the General Fund anticipated to be received from the State of New York during the Fiscal Year 2024-25 $73,154.00 PLEASE NOTE: It is the taxpayer’s responsibility to remember the due date of the tax payment – June 1, 2024 payable without interest until July 1, 2024. SENIOR CITIZENS: You may be eligible for tax exemption if you are age 65 and over. For more information, please call or write: Town Receiver of Taxes or Town Tax Assessor 34 5th Avenue 34 5th Avenue PELHAM, NY 10803 PELHAM, NY 10803 914-738-1642 914-738-2878 Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 THIRD PARTY NOTIFICATION Under New York State Law (Chapter 758, Laws of 1986) if you are either 65 years of age or older or disabled and own and occupy a 1, 2, or 3 family residence, you may designate a consenting adult third party to receive duplicate copies of your tax bills and notice of unpaid taxes until further notice. Applications may be obtained in person from the Tax Office, 34 5th Avenue, Pelham, New York 10803 or by mail if you include with your request a self-addressed stamped envelope. Applications for third party notification must be filed with the Receiver of Taxes no later than June 1, 2024. The data used to calculate real property taxes due is shown in Appendix 4 of the 2024-25 Village of Pelham Budget. The Village of Pelham, Assessed under Full Valuation by the Town of Pelham, shall submit assessment information in compliance with the applicable Section of the Real Property Tax Law. If you feel your assessment is too high, you have the right to seek a reduction in the future. Applications for challenging your assessment and a copy of the booklet “How to File a Complaint about Your Assessment” are available at the Assessment Office. Any tax questions can be answered by calling the Town of Pelham Tax Assessor at 738-2878 or the Town of Pelham Receiver of Taxes at 738-1642 for Village, School or Town tax information. Budget Resolution (D) 2024-25 Village of Pelham Budget Authorization for Investments Be it resolved, that the Village Administrator/Treasurer and/or Deputy Village Treasurer, during the Fiscal Year beginning June 1, 2024 are authorized to invest monies not needed for immediate expenditure in accordance with the provisions of the General Municipal Law, the Local Finance Law and the Village’s Investment Policy. Vote Record - Item # 15 – Fiscal Year 2024/25 Budget Adoption RESOLUTION D – 9:54 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Budget Resolution (E) 2024-25 Village of Pelham Budget Resolution Authorizing the Levy and Collection of Additional Taxes upon Termination of Exempt Status Be it resolved, that the Town Assessor and Receiver of Taxes for the Town of Pelham, during the Fiscal Year beginning June 1, 2024, are authorized to levy and collect additional Village taxes upon termination of exempt status of real property in accordance with provisions of § 494 of the Real Property Tax Law. Vote Record - Item # 15 – Fiscal Year 2024/25 Budget Adoption RESOLUTION E – 9:55 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Item # 16 – Resolution Calling for a Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” Whereas, Article 18 of the General Municipal Law prohibits the officers and employees of a Municipality from having certain conflicts of interest; and Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to repeal and replace Chapter 5 of the Code of the Village of Pelham entitled Ethics, Code of; and Whereas, § 806 of the General Municipal Law requires the governing body of each County, City (other than the City of New York), Town, Village, School District and Fire District to adopt a Code of Ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them; and Whereas, a Code of Ethics adopted by the governing body of a Municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable. 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, May 14, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to repeal and replace Chapter 5 of the Pelham Village Code entitled Ethics, Code of. 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 Be it further resolved, that the Deputy Village Clerk is hereby directed to publish notice of said public hearing. Vote Record - Item # 16 – Resolution Calling for a Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” – 9:56 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 17 – Other Business Resolution Authorizing Special Event Request from Pelham Together Whereas, on March 8, 2024, Pelham Together submitted a special event request for SummerFest in and around Wolfs Lane Park for Saturday, June 15, 2024; and Whereas, Pelham Together shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the appropriate Village officials and staff to take the necessary and appropriate actions to allow this event to take place. Vote Record - Item # 17 – Resolution Authorizing Special Event Request from Pelham Together – 10:00 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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, April 23, 2024 Recurring Items Item # 18 - Authorizing Accounts Payable Village 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/Treasurer: Fund Name: Amount General Fund (A) $ 348,673.57 Capital Projects Fund (H) $ 534,778.12 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $ 883,451.69 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 # 18 – Authorizing the Accounts Payable – 10:01 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 23, 2024 Item # 19 - Authorizing Minutes of: April 9, 2024 Work Session and Regular Meeting Vote Record - Item # 19 – Authorizing the Minutes of April 9, 2024 Work Session and Regular Meeting – 10:01 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 23, 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 # 20 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Mohan, voted unanimously by all at 10:02 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Deputy Village Clerk