Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, MAY 28, 2024, 8:46 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 Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 (Tabled from 5/14/24) 9. Westchester Power Contract Renewal for 2024 10. Resolution To Initiate Condemnation Proceedings Under the New York State Eminent Domain Procedure Law in Connection with the Establishment of a Public Use and Safety Project 11. Acceptance of Support Letter New York Sea Grant for a Natural Resources Inventory 12. Resolution Authorizing Village Administrator/Village Treasurer to Close Completed Capital Projects 13. Resolution Authorizing Special Event Request from Pelham Civic Association (4th Annual Toonerville Music Festival) 14. Resolution Authorizing Special Event Request from Rotary Club of the Pelhams 15. Other Business Recurring Items 16. Authorizing Accounts Payable 17. Authorizing Minutes of: May 14, 2024 Work Session and Regular Meeting 18. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, June 11, 2024 Tuesday, June 25, 2024 Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:46 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:46 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 – nothing to report. Village Trustee McGreal – thank you to everyone who attended the Board of Education vote. A reminder that our Juneteenth event will be taking place on Sunday, June 16th. Village Trustee Mohan – nothing to report. Village Trustee Otondi – nothing to report. Village Trustee Solomon – thank you to everyone who attended the Board of Education vote. Thank you to President Owen-Michaane and Vice President Rowe for their service as well. An update on pedestrian safety – thank you to Village Administrator Scelza for informing that the STOP stencils have been delivered for Cliff Avenue and Boulevard. There is also a speed sign that has now been installed on Wolfs Lane by the middle school which will be operational by the end of the week. A final thanks to the Board of Trustees for allowing Village Trustee Solomon to attend the NYCOM event. Deputy Mayor Carpenter – nothing to report. Item # 5 - Village Administrator’s Report: Nothing to report. Item # 6 - Mayor’s Report Thank you to Pelham Post 50 and the Manor Club for hosting the Memorial Day Celebration on Monday, May 27th. Thank you to all the attendees, Joe Durnin, and our Department of Public Works who worked hard to get our downtown area looking beautiful in anticipation for the parade. Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 An update on our Downtown Improvement Grant – we are working with consultants from the county to put together a package of improvements for our Downtown. The Village is responsible for paying 20% of the improvements while the grant will cover 80% up to $250,000. Our goal is to get the request in by the end of June, there will be more to follow on this. A final update, Studio on the Ave is a business that will be opening on Juneteenth. Everyone is invited to the new space that will be opening which holds activities such as dancing and acting. Come check it out! Item # 7 - Public Comments No public comment. Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Non-Recurring Items Item # 8 – Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 (Tabled from 5/14/24) Whereas, the Village of Pelham is renewing Property and Casualty Insurance to provide coverage for the Village of Pelham. Property and Casualty Insurance covers: Property Including Crime; General and Law Enforcement Liability; Public Officials and Employment Practices Liability; Automobile Liability and Physical Damage, Excess Liability and Workers Compensation; and Whereas, the Village Administrator recommends renewing the Property and Casualty Insurance package to Travelers Insurance Company; and Whereas, the Village Administrator recommends renewing the Workers Compensation Insurance package for two fiscal years to Public Employer Risk Management Association, Inc., at a total cost of $335,357.00 for fiscal year 2024-25. Contribution for fiscal year 2025-26 to be based on loss ratio in 2024. Now, therefore, be it resolved, that the Village authorizes retention of Insurance through FOA and Son Insurance Corp., with Property and Casualty through Travelers Insurance Company and American Alternative Insurance Company, to provide umbrella liability coverage, at a total cost of Four Hundred Thirty-Six Thousand Nine Hundred Ten dollars ($436,910.00), not including applicable taxes, as detailed in the proposal received May 24, 2024; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to retain coverage for the Property and Casualty Insurance to be effective June 1, 2024 through May 31, 2025. Vote Record - Item # 8 – Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 (Tabled from 5/14/24) – 8:59 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 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, May 28, 2024 Item # 9 – Westchester Power Contract Renewal for 2024 Nick Tedrow, Deputy Program Director, Westchester Power, presented the Westchester Power contract renewal for 2024. Nick shared information about the program’s key benefits – delivering renewable energy, expanding consumer choice, and capping electricity costs. Nick explained timing is critical. He is encouraging municipalities to approve MOUs as quickly as practical in order to ensure adequate time for energy purchases, distribution of public information, and regulatory compliance. Early approval maximizes our ability to secure the best possible price for consumers. The Village Board of Trustees discussed the three variations and decided to move forward with option two at their next regular meeting. Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 10 - Resolution To Initiate Condemnation Proceedings Under the New York State Eminent Domain Procedure Law in Connection with the Establishment of a Public Use and Safety Project Whereas, flooding in the Village of Pelham (the “Village”) is an ever-growing public safety crisis, causing ongoing damage to Village homes and businesses and threatening the health and safety of Village residents; and Whereas, to address this urgent crisis, the Village and its engineering consultants have spent the last eighteen (18) months developing a Village-Wide Flood Mitigation Plan (the “Plan”), namely the North Pelham Watershed Flood Mitigation Project, to address deficiencies in drainage infrastructure that handle the flow of Village stormwater; and Whereas, the Village intends to implement the Plan, which would provide a necessary public benefit to Village residents and property; and Whereas, an essential component of the Plan is to construct a wet well and pump station on property owned by Pelham Union Free School District Board of Education (the “Property”), namely, Julianne’s Playground (Section 158.84, Block 2, Lot 62 on the Town of Pelham Tax Map); and Whereas, the Village has determined that the implementation of the Plan will serve a public purpose, and thereby constitutes a public use; and Whereas, to accomplish this public use, the Village intends to acquire certain real estate interests in the property through the Eminent Domain process. Now, therefore, be it resolved, that the Village is authorized to move forward with the acquisition of the required property interests in Julianne’s Playground pursuant to the authority granted to it by the Eminent Domain Procedure Law including, without limitation, undertaking all lawful procedures regarding pre-vesting discovery pursuant to Eminent Domain Procedure Law § 302, as well as entering upon such property- pursuant to Eminent Domain Procedure Law § 404-for the purpose of making surveys, test pits and borings, and other such investigations as Village staff, engineering consultants, and counsel may deem necessary; and Be it further resolved, that Village staff is directed to commence analysis to assist the Village in complying with the requirements of the State Environmental Quality Review Act and its implementing regulations with respect to the Plan and the associated acquisition of real estate interests. North Pelham Watershed Flood Mitigation Project Description 1. Stormwater pumping station to be constructed on Julianne’s Playground at the intersection of Sixth Street and Fourth Avenue that will deliver excess stormwater runoff to the Hutchinson River. 2. Below-grade storage piping network constructed beneath a portion of the existing tennis courts and unimproved blacktop at Julianne’s Playground that will be used for runoff rate attenuation, allowing pumping units to operate at an otherwise lower discharge rate. 3. Dedicated force main piping will extend approximately ± 1,700 linear feet from the proposed pump station at Julianne’s Playground to the discharge outfall located on New York State Department of Transportation’s Property near Fifth Street and First Avenue. The discharge outfall will deliver excess stormwater runoff to the Hutchinson River. Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 4. Force main piping will be installed within the limits of the Sixth Street and First Avenue rights-of- way and on Village-owned property. Vote Record - Item # 10 – Resolution to Initiate Condemnation Proceedings Under the New York State Eminent Domain Procedure Law in Connection with the Establishment of a Public Use and Safety Project – 9:50 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 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, May 28, 2024 Item # 11 - Acceptance of Support Letter New York Sea Grant for a Natural Resources Inventory Whereas, the Village of Pelham expressed interest to the Long Island Sound Resilience Planning Support Program for funding to complete a Natural Resources Inventory; and Whereas, the Expression of Interest was selected for support. Pending sufficient funds and signing the Acceptance of Support Letter; and Whereas, there will be no cost to the Village and require limited staff time. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute an Acceptance of Support Letter to complete a Natural Resources Inventory. Vote Record - Item # 11 – Acceptance of Support Letter New York Sea Grant for a Natural Resources Inventory – 10:06 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 12 - Resolution Authorizing Village Administrator/Village Treasurer to Close Completed Capital Projects Whereas, Village management has determined and recommended to the Village Board of Trustees that certain capital projects are complete and may be closed, some with unexpended balances aggregating $1,467.16; and Whereas, generally accepted accounting principles provide that any remaining residual capital project balances shall be transferred to the General Fund for the payment of principal and interest on such outstanding bond issues. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator/Treasurer to close completed Capital Projects and transfer unused funds to the General Fund to pay off outstanding debt, as follows: Decrease: Capital Projects Fund Appropriations Account No. Account Description Amount H.3410.201 Fire Department Equipment $115.93 H.3410.202 Fire Department Vehicle Purchase $736.79 H.5110.205 DPW General Foreman Vehicle $466.34 H.8160.202 Toters for Refuse Collection $148.10 $1,467.16 Increase: Capital Projects Fund Appropriations Account No. Account Description Amount H.9901 Inter-Fund Transfer to General Fund $1,467.16 Vote Record - Item # 12 – Resolution Authorizing Village Administrator/Village Treasurer to Close Completed Capital Projects – 10:07 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 13 – Resolution Authorizing Special Event Request from Pelham Civic Association (4th Annual Toonerville Music Festival) Whereas, on April 17, 2024, Pelham Civic Association submitted a special event request for Pelham Music Festival in Municipal Parking Lot 7 on September 21, 2024; and Whereas, Pelham is known for its commitment to the arts and this event will celebrate the arts and bring the Pelham community together; and Whereas, Pelham Civic Association 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 # 13 – Resolution Authorizing Special Event Request from Pelham Civic Association (4th Annual Toonerville Music Festival) – 10:08 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 14 - Resolution Authorizing Special Event Request from Rotary Club of the Pelhams Whereas, on March 8, 2024, Rotary Club of the Pelhams submitted a special event request to hold a fundraiser in Wolfs Lane Park on June 2, 2024; and Whereas, Rotary Club of the Pelhams 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 # 14 – Resolution Authorizing Special Event Request from Rotary Club of the Pelhams – 10:09 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 15 – Other Business No other business noted. Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Recurring Items Item # 16 - Authorizing Accounts Payable Village Trustee Mohan 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) $ 129,930.02 Capital Projects Fund (H) $ 145,358.68 Trust & Agency (T) $ 350.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $275,638.70 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 – Authorizing the Accounts Payable – 10:09 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 28, 2024 Item # 17 - Authorizing Minutes of: May 14, 2024 Work Session and Regular Meeting Vote Record - Item # 17 – Authorizing the Minutes of May 14, 2024 Work Session and Regular Meeting – 10:10 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 28, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☒ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 18 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee McGreal, voted unanimously by all at 10:10 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Deputy Village Clerk