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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · June 11, 2024

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Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, JUNE 11, 2024, 8:02 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. Site Plan Application and Intent to Develop – 216 Third Avenue (SBL 163.28-1-6) – Lot Line Change Between Two Lots 9. Resolution Authorizing Renewal of Grant Consulting Agreement with Millennium Strategies, LLC. 10. Resolution Rejecting the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street 11. Resolution Authorizing the Appointment of a Seasonal Laborer in the Village of Pelham Department of Public Works 12. Resolution Authorizing Payment to the City of Mount Vernon for Training Expenses for Police Officer Resignation/Reinstatement Pursuant to New York State General Municipal Law § 72-c 13. Resolution Accepting Law Enforcement Technology and Establishing Capital Project 14. Resolution Calling for a Public Hearing on Local Law No. 3 of 2024 to Amend Chapter 8 of the Pelham Village Code Entitled “Videoconferencing of Public Meetings” 15. Resolution Authorizing the Execution of a Memorandum of Understanding Related to the Community Choice Aggregation Program 16. Resolution Calling for a Public Hearing on Local Law No. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility 17. Resolution Calling for a Public Hearing on Local Law No. 5 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Restaurant Definition 18. Other Business - Amending Chapter 98 of the Pelham Village Code re: Add Outdoor Recreation Facility as a Use Requiring a Special Permit Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 Recurring Items 19. Authorizing Accounts Payable 20. Authorizing Minutes of: May 28, 2024 Regular Meeting 21. Adjournment Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Next Regularly Scheduled BOT Meetings: Tuesday, June 25, 2024 Tuesday, July 9, 2024 (Summer Schedule) Tuesday, August 6, 2024 (Summer Schedule) Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:02 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:02 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 – A reminder that our Juneteenth event is taking place this Sunday, June 16th. Village Trustee Mohan – A report for the Fire Department; there were 85 calls in the month of May. 55 were EMS calls, one involving an accident on the Hutchinson Parkway. May 15 th, 22nd and June 3rd the Fire Department will take part in the Hazmat training in White Plains. Hydrant flushing is taking place between 7:30 and 4:30 so if your water appears to be brown, it is recommended that you run your water in the lowest part of your house for 15 to 20 minutes. Finally, Lieutenant Reynolds has began his Fire Safety Inspections on commercial buildings, apartments, and three-family dwellings. A reminder that anyone in these structures is required to have Noxboxes. Village Trustee Otondi – nothing to report. Village Trustee Solomon – absent. Deputy Mayor Carpenter – nothing to report. Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 5 - Village Administrator’s Report: An update on the grant; both the Village’s requests for funding (North Pelham and Highbrook Avenue Drainage Improvement Projects) have been included on Senator Gillibrand’s and Senator Schumer’s shortlists for Fiscal Year 2025. This does not immediately indicate awards, but it is a great step closer. Item # 6 - Mayor’s Report The Village is trying to finalize the DIG Grant Application to the county. They will contribute 80% of any major grant up to $250,000. Mayor Mullen and the Board of Trustees are trying to put together our priority $312,500 projects. If we can contribute $62,500, then they will give us $250,000. We are looking into adding parking, a grant program for local businesses, and potentially replacing meters. Thanks to Administrator Scelza, General Foreman Robert Giustino, and Building Inspector William Rogel who have been instrumental in providing additional feedback and recommendations. The Village is also looking at possible code revisions or enforcement for signage. We are still in the stage of trying to finalize a plan so we can be done as quickly as possible. The Village of Pelham has a busy weekend in store; Pride will take place Friday night, Pelham Together on Saturday, and Father’s Day, our Juneteenth celebration and Eid all on Sunday! The seniors held their annual luncheon last week, a thank you to them for extending the invitation. It was a great time and awesome to see everyone. Item # 7 - Public Comments A resident of Pelham Manor joined, who is the mother of a student who plays football and basketball. Football is creating an issue because there is no crossing guard at Colonial and Wolfs. She spoke to someone in the Manor saying the jurisdiction falls on the Village of Pelham. There are many students crossing there, and she is speaking out because she was once involved in an accident when the old crossing guard was there. She was at a light and was rear ended by a gentleman behind her while in the car with her kids. After this incident, she was told by the crossing guard that many accidents happen at this intersection. She is asking the board how to proceed in terms of getting a crossing guard to supervise that area more often. Mayor Mullen clarifies that there is a crossing guard there, however you still end up with accidents as it is one of the more dangerous intersections. The concern he has is that even with a crossing guard in that area, we will have even more people not crossing where they should and instead crossing where the guard is. Instead, we are looking at options to slow traffic down in that area and cross in front of the high school where sight lines are clearer. The Pelham Manor resident then brings up the question of students that are crossing at Colonial and Wolfs to go to the middle school. Mayor Mullen states that they encourage everyone to cross in front of the high school. Village Trustee Mohan suggests speaking to the PTA Council who have a Pedestrian Safety Committee as they are advocating across the Villages for better safety. Deputy Mayor Carpenter states that he would fear for the safety of an employee that was placed in that intersection, and would prefer barricades in the area as opposed to a crossing guard. Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Non-Recurring Items Item # 8 – Site Plan Application and Intent to Develop – 216 Third Avenue (SBL 163.28- 1-6) – Lot Line Change Between Two Lots The request is the approval of a lot line change to enable the construction of a new 550sf garage for hearses at the Pelham Funeral Home at 64 Lincoln Avenue and the demolition of an existing garage at 216 Third Avenue to permit the construction of a new 497sf garage for a residence at 216 Third Avenue. The 64 Lincoln Avenue site is zoned BUS-1 COMMERCIAL and the lot area would be increased from 10,040 sf (.23ac) to 12,545 sf (.28 ac). The 216 Third Avenue site is zoned RES A-3 ONE FAMILY RESIDENTIAL and the lot area would be decreased from 7,526 sf (.17ac) to 5,021.54 sf (.115ac). Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 9 – Resolution Authorizing Renewal of Grant Consulting Agreement with Millennium Strategies, LLC. Whereas, via Resolution dated April 25, 2023, the Village Board of Trustees approved a Grant Consulting Agreement with Millennium Strategies, LLC; and Whereas, the Grant Consulting Agreement expired on May 31, 2024; and Whereas, on May 21, 2024, Millennium Strategies, LLC., made a proposal to renew an agreement with the Village of Pelham to continue provide grant consulting services; and Whereas, the Village of Pelham seeks to renew an agreement with Millennium Strategies, LLC. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to sign an agreement with Millennium Strategies, LLC., in an amount of $39,600.00 per year to assist the Village in securing grants starting June 1, 2024 through May 31, 2025. Vote Record - Item # 9 – Resolution Authorizing Renewal of Grant Consulting Agreement with Millennium Strategies, LLC. – 8:35 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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, June 11, 2024 Item # 10 - Resolution Rejecting the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street Whereas, the Village of Pelham has solicited bids for Contract # 2024-01, Alterations to Existing Parking Garage at Sixth Avenue and Third Street; and Whereas, the bid for Contract # 2024-01 was advertised in the Journal News as the Official Newspaper of the Village of Pelham on May 6, 2024, and was also made available on the Village’s website; and Whereas, at 10:00 a.m. on Wednesday, June 5, 2024, one (1) bid was received and opened as summarized: Total Base Bid 1) Specialty Construction System, Inc. $1,782,715.00 Mount Vernon, New York Whereas, upon review of the bid, the Village Administrator and Peter F. Gaito and Associates have determined the bid exceeds the funding available for the project. Now, therefore, be it resolved, that the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street is hereby rejected. Vote Record - Item # 10 – Resolution Rejecting the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street – 8:35 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 11 - Resolution Authorizing the Appointment of a Seasonal Laborer in the Village of Pelham Department of Public Works Whereas, there exists a need for a Seasonal Laborer in the Village of Pelham Department of Public Works. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham upon the recommendation of General Foreman Robert Giustino appoints Yamner Lopez to the position of Seasonal Laborer in the Village of Pelham Department of Public Works, effective Monday, June 10, 2024 through Thursday, October 10, 2024, at the rate of $20.00 per hour and not to exceed 40 hours per week; and Be it further resolved, the Village Administrator is authorized to take the necessary steps to effectuate this appointment. Vote Record - Item # 11 – Resolution Authorizing the Appointment of a Seasonal Laborer in the Village of Pelham Department of Public Works – 8:36 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Resolution Authorizing Payment to the City of Mount Vernon for Training Expenses for Police Officer Resignation/Reinstatement Pursuant to New York State General Municipal Law § 72-c Whereas, on August 24, 2020, Louis Magnotta began employment as a Police Officer for the Village of Pelham; and Whereas, Police Officer Magnotta previously worked as a Police Officer for the City of Mount Vernon from January 5, 2018 until his appointment in Pelham; and Whereas, pursuant to New York State General Municipal Law § 72-c, a municipality may assert reimbursement of a pro-rated share of expenses incurred in training a Police Officer; and Whereas, on May 9, 2024, the City of Mount Vernon sent a demand for reimbursement of training expenses incurred for Police Officer Magnotta and provided a summary of the expenses incurred. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes payment of $4,295.22 to the City of Mount Vernon representing full satisfaction of New York State General Municipal Law § 72-c for its pro-rated share of training expenses incurred for Police Officer Magnotta. Vote Record - Item # 12 – Resolution Authorizing Payment to the City of Mount Vernon for Training Expenses for Police Officer Resignation/Reinstatement Pursuant to New York State General Municipal Law § 72-c – 8:37 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter 2nd ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 13 – Resolution Accepting Law Enforcement Technology and Establishing Capital Project Whereas, the Village of Pelham (“Village”) has been selected to receive a Law Enforcement Technology grant from the New York State Department of Criminal Justice Services in the amount of $681,700.00 for the acquisition of law enforcement technology and equipment for the Village of Pelham Police Department; and Whereas, the grant program requires signing and attesting an online attestation form in lieu of a grant contract; and Whereas, Village management wishes to establish a capital project in accordance with the Police New York State Division of Criminal Justice Services Law Enforcement Technology grant awarded of $681,700.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to sign the online attestation form to accept the grant; and Be it further resolved, the respective capital project and project budget is established, as follows: Increase: Capital Projects Fund Appropriations Account No. Account Description Amount Police Department – 2024 NYSDCJS Grant H.3120.207 Prog. $681,700.00 Increase: Capital Projects Fund Revenues Account No. Account Description Amount H.3397 State Aid – 2024 NYSDCJS Grant Program $681,700.00 Vote Record - Item # 13 – Resolution Accepting Law Enforcement Technology and Establishing Capital Project – 8:39 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 14 - Resolution Calling for a Public Hearing on Local Law No. 3 of 2024 to Amend Chapter 8 of the Pelham Village Code Entitled “Videoconferencing of Public Meetings” Whereas, on October 25, 2022, the Village of Pelham Board of Trustees adopted Local Law No. 9 of 2022 to allow when extraordinary circumstances exist, to expand the use of videoconferencing when conducting open meetings even when no emergency is declared. The local law added a Chapter to the Village Code that implemented the aforementioned amendment to the Public Officers Law which sunsets on July 1, 2024; and Whereas, on April 20, 2024, Governor Hochul signed Chapter 58 of the Laws of 2024, Part KK of Chapter 58 to provide for a two-year extension, without other modification, until July 1, 2026, of the amendment to the Open Meetings Law established by Chapter 56 of the Laws of 2022 expanding the use of videoconferencing by public bodies to conduct open meetings; and Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to reflect the two- year extension without further modification to July 1, 2026; 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, June 25, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to amend Chapter 8 of the Pelham Village Code entitled “Videoconferencing of Public Meetings”. 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 # 14 – Resolution Calling for a Public Hearing on Local Law No. 3 of 2024 to Amend Chapter 8 of the Pelham Village Code Entitled “Videoconferencing of Public Meetings” – 8:40 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 15 – Resolution Authorizing the Execution of a Memorandum of Understanding Related to the Community Choice Aggregation Program Whereas, the Village of Pelham is a member of Sustainable Westchester and a participant in the Community Choice Aggregation Program (“CCA” or the “Program”); and Whereas, the current Electric Service Agreement (“ESA”) for the Sustainable Westchester CCA program terminates on October 31, 2024; and Whereas, the Village of Pelham desires to continue to engage the services of Sustainable Westchester, Inc. as the Program Manager for CCA and administration of the Program; and Whereas, in connection with the CCA, Sustainable Westchester has provided the Village of Pelham with information regarding the plan to secure a new ESA (the “2024 ESA”); and Whereas, a new Memorandum of Understanding (the “2024 MOU”) with Sustainable Westchester will allow for the bid for electricity supply to be awarded to the lowest-priced responsible bidder; and Whereas, the purpose of the 2024 MOU is to: a) establish the Village’s participation in the CCA to be managed by Sustainable Westchester, Inc. under the 2024 ESA; b) to affirm that the Village and Sustainable Westchester, Inc. agree to adhere to the terms and conditions of the 2024 ESA in the event the 2024 ESA is executed; and c) to affirm that the Village and Sustainable Westchester, Inc. agree to execute the 2024 ESA, subject to the conditions of review and approval outlined in the MOU; and Whereas, demand for the voluntary renewable energy certificates (“RECs”), which have historically been the medium for the purchase of renewable energy in support of the Program, has available exceeded supply, such that at this time, suppliers can only offer a 50% renewable supply option as the default product for the 2024 ESA, along with an opt-up option that allows participating customers to elect to select a 100% renewable supply option; and Whereas, developments in the REC market may make it possible for suppliers to provide a 100% renewable supply option as the default product for the 2024 ESA before the commencement of service, which change in the default product would be effectuated through an amendment to the 2024 ESA, Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham does hereby authorize the Village Administrator to execute the 2024 MOU with Sustainable Westchester, Inc. and the associated 2024 ESA, subject to receiving a Compliant Offer, as defined in the MOU, as required to continue participating in the CCA program; and Be it further resolved, that the Board of Trustees of the Village of Pelham does hereby authorize, but does not commit, the Village Administrator to execute an amendment to the 2024 ESA to change the default product to a 100% renewable supply option, should such an option become available before the commencement of service under the 2024 ESA. Vote Record - Item # 15 – Resolution Authorizing the Execution of a Memorandum of Understanding Related to the Community Choice Aggregation Program – 8:41 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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, June 11, 2024 Item # 16 - Resolution Calling for a Public Hearing on Local Law No. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter 98-72 (A) of the Code of the Village of Pelham to add Indoor Recreation Facility as a permitted use in the Business – 1 Zoning District and to amend Chapter 98-6 to add a definition of Indoor Recreation Facility; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on May 14, 2024, the Village Board of Trustees prepared a Short Environmental Assessment Form (EAF), declared itself to be lead agency and identified the proposed action as an Unlisted Action; and Whereas, notice was duly provided to the County of Westchester as required by General Municipal Law § 239-m, 239-n and 239-nn and Westchester County Administrative Code § 277.61 and 277.71; and Whereas, the Board of Trustees of the Village of Pelham determined the Code of the Village of Pelham § 98-141 requires the proposed action be referred to the Planning Board and such referral was made on 5-14-2024. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, June 25, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to amend Chapter 98 of the Pelham Village Code entitled “Zoning”. 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. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility – 9:16 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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, June 11, 2024 Item # 17 - Resolution Calling for a Public Hearing on Local Law No. 5 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Restaurant Definition Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter 98 of the Code of the Village of Pelham to redefine Restaurant and remove the definition of Fast Food Restaurant; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on May 14, 2024, the Village Board of Trustees prepared a Short Environmental Assessment Form (EAF), declared itself to be lead agency and identified the proposed action as an Unlisted Action; and Whereas, notice was duly provided to the County of Westchester as required by General Municipal Law § 239-m, 239-n and 239-nn and Westchester County Administrative Code § 277.61 and 277.71; and Whereas, the Board of Trustees of the Village of Pelham determined the Code of the Village of Pelham § 98-141 requires the proposed action be referred to the Planning Board and such referral was made on 5-14-2024. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, June 25, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to amend Chapter 98 of the Pelham Village Code entitled “Zoning” re: Restaurant definition. 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 # 17 – Resolution Calling for a Public Hearing on Local Law No. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility – 9:16 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 18 – Other Business Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-73 (A) of the Code of the Village of Pelham to Add Outdoor Recreation Facility as a Use Requiring a Special Permit Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-73 (A) of the Code of the Village of Pelham to add Outdoor Recreation Facility as a use requiring a Special Permit in the Village’s Business-1 Zoning District and to amend Chapter 98-6 to add a definition of Outdoor Recreation Facility. 1. The Village Board of Trustees determines that: a. The proposed action is subject to the requirements of SEQRA; b. The proposed action is an Unlisted Action; c. The action is not located in an agricultural district; and 2. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 3. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Deputy Village Clerk to make that referral. 4. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Vote Record - Item # 18 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-73 (A) of the Code of the Village of Pelham to Add Outdoor Recreation Facility as a Use Requiring a Special Permit Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 – 9:15 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ As per the discussion, Mayor Mullen and the Board of Trustees agreed to include the word “primarily” in the definition. Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Recurring Items Item # 19 - Authorizing Accounts Payable Village Trustee Otondi 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) $1,253,346.43 Capital Projects Fund (H) $ 63,910.86 Trust & Agency (T) $ 270.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $1,317,527.29 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 # 19 – Authorizing the Accounts Payable – 9:18 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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, June 11, 2024 Item # 20 - Authorizing Minutes of: May 28, 2024 Regular Meeting Vote Record - Item # 20 – Authorizing the Minutes of May 28, 2024 Regular Meeting – 9:19 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☒ Item # 21 - Adjournment A motion was made by Village Trustee Mohan, seconded by Village Trustee Eldahry, voted unanimously by all at 9:19 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Deputy Village Clerk

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JUNE 11, 2024, 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. Site Plan Application and Intent to Develop – 216 Third Avenue (SBL 163.28-1-6) – Lot Line Change Between Two Lots 9. Resolution Authorizing Renewal of Grant Consulting Agreement with Millennium Strategies, LLC. 10. Resolution Rejecting the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street 11. Resolution Authorizing the Appointment of a Seasonal Laborer in the Village of Pelham Department of Public Works 12. Resolution Authorizing Payment to the City of Mount Vernon for Training Expenses for Police Officer Resignation/Reinstatement Pursuant to New York State General Municipal Law § 72-c 13. Resolution Accepting Law Enforcement Technology and Establishing Capital Project 14. Resolution Calling for a Public Hearing on Local Law No. 3 of 2024 to Amend Chapter 8 of the Pelham Village Code Entitled “Videoconferencing of Public Meetings” 15. Resolution Authorizing the Execution of a Memorandum of Understanding Related to the Community Choice Aggregation Program 16. Resolution Calling for a Public Hearing on Local Law No. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility 17. Resolution Calling for a Public Hearing on Local Law No. 5 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Restaurant Definition 18. Other Business Recurring Items 19. Authorizing Accounts Payable 20. Authorizing Minutes of: May 28, 2024 Regular Meeting 21. Adjournment Next Regularly Scheduled BOT Meetings: Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Tuesday, June 25, 2024 Tuesday, July 9, 2024 (Summer Schedule) Tuesday, August 6, 2024 (Summer Schedule) Item # 1 - Meeting Called to Order: Item # 2 - Pledge of Allegiance: 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 Village Trustee McGreal Village Trustee Mohan Village Trustee Otondi Village Trustee Solomon Deputy Mayor Carpenter Item # 5 - Village Administrator’s Report: Item # 6 - Mayor’s Report Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 7 - Public Comments Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Non-Recurring Items Item # 8 – Site Plan Application and Intent to Develop – 216 Third Avenue (SBL 163.28- 1-6) – Lot Line Change Between Two Lots Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 9 – Resolution Authorizing Renewal of Grant Consulting Agreement with Millennium Strategies, LLC. Whereas, via Resolution dated April 25, 2023, the Village Board of Trustees approved a Grant Consulting Agreement with Millennium Strategies, LLC; and Whereas, the Grant Consulting Agreement expired on May 31, 2024; and Whereas, on May 21, 2024, Millennium Strategies, LLC., made a proposal to renew an agreement with the Village of Pelham to continue provide grant consulting services; and Whereas, the Village of Pelham seeks to renew an agreement with Millennium Strategies, LLC. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to sign an agreement with Millennium Strategies, LLC., in an amount of $39,600.00 per year to assist the Village in securing grants starting June 1, 2024 through May 31, 2025. Vote Record - Item # 9 – Resolution Authorizing Renewal of Grant Consulting Agreement with Millennium Strategies, LLC. Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 10 - Resolution Rejecting the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street Whereas, the Village of Pelham has solicited bids for Contract # 2024-01, Alterations to Existing Parking Garage at Sixth Avenue and Third Street; and Whereas, the bid for Contract # 2024-01 was advertised in the Journal News as the Official Newspaper of the Village of Pelham on May 6, 2024, and was also made available on the Village’s website; and Whereas, at 10:00 a.m. on Wednesday, June 5, 2024, one (1) bid was received and opened as summarized: Total Base Bid 1) Specialty Construction System, Inc. $1,782,715.00 Mount Vernon, New York Whereas, upon review of the bid, the Village Administrator and Peter F. Gaito and Associates have determined the bid exceeds the funding available for the project. Now, therefore, be it resolved, that the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street is hereby rejected. Vote Record - Item # 10 – Resolution Rejecting the Bid for Contract # 2024-01 Alterations to Existing Parking Garage at Sixth Avenue and Third Street Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 11 - Resolution Authorizing the Appointment of a Seasonal Laborer in the Village of Pelham Department of Public Works Whereas, there exists a need for a Seasonal Laborer in the Village of Pelham Department of Public Works. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham upon the recommendation of General Foreman Robert Giustino appoints Yamner Lopez to the position of Seasonal Laborer in the Village of Pelham Department of Public Works, effective Monday, June 10, 2024 through Thursday, October 10, 2024, at the rate of $20.00 per hour and not to exceed 40 hours per week; and Be it further resolved, the Village Administrator is authorized to take the necessary steps to effectuate this appointment. Vote Record - Item # 11 – Resolution Authorizing the Appointment of a Seasonal Laborer in the Village of Pelham Department of Public Works Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Resolution Authorizing Payment to the City of Mount Vernon for Training Expenses for Police Officer Resignation/Reinstatement Pursuant to New York State General Municipal Law § 72-c Whereas, on August 24, 2020, Louis Magnotta began employment as a Police Officer for the Village of Pelham; and Whereas, Police Officer Magnotta previously worked as a Police Officer for the City of Mount Vernon from January 5, 2018 until his appointment in Pelham; and Whereas, pursuant to New York State General Municipal Law § 72-c, a municipality may assert reimbursement of a pro-rated share of expenses incurred in training a Police Officer; and Whereas, on May 9, 2024, the City of Mount Vernon sent a demand for reimbursement of training expenses incurred for Police Officer Magnotta and provided a summary of the expenses incurred. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes payment of $4,295.22 to the City of Mount Vernon representing full satisfaction of New York State General Municipal Law § 72-c for its pro-rated share of training expenses incurred for Police Officer Magnotta. Vote Record - Item # 12 – Resolution Authorizing Payment to the City of Mount Vernon for Training Expenses for Police Officer Resignation/Reinstatement Pursuant to New York State General Municipal Law § 72-c Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 13 – Resolution Accepting Law Enforcement Technology and Establishing Capital Project Whereas, the Village of Pelham (“Village”) has been selected to receive a Law Enforcement Technology grant from the New York State Department of Criminal Justice Services in the amount of $681,700.00 for the acquisition of law enforcement technology and equipment for the Village of Pelham Police Department; and Whereas, the grant program requires signing and attesting an online attestation form in lieu of a grant contract; and Whereas, Village management wishes to establish a capital project in accordance with the Police New York State Division of Criminal Justice Services Law Enforcement Technology grant awarded of $681,700.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to sign the online attestation form to accept the grant; and Be it further resolved, the respective capital project and project budget is established, as follows: Increase: Capital Projects Fund Appropriations Account No. Account Description Amount Police Department – 2024 NYSDCJS Grant H.3120.207 Prog. $681,700.00 Increase: Capital Projects Fund Revenues Account No. Account Description Amount H.3397 State Aid – 2024 NYSDCJS Grant Program $681,700.00 Vote Record - Item # 13 – Resolution Accepting Law Enforcement Technology and Establishing Capital Project Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 14 - Resolution Calling for a Public Hearing on Local Law No. 3 of 2024 to Amend Chapter 8 of the Pelham Village Code Entitled “Videoconferencing of Public Meetings” Whereas, on October 25, 2022, the Village of Pelham Board of Trustees adopted Local Law No. 9 of 2022 to allow when extraordinary circumstances exist, to expand the use of videoconferencing when conducting open meetings even when no emergency is declared. The local law added a Chapter to the Village Code that implemented the aforementioned amendment to the Public Officers Law which sunsets on July 1, 2024; and Whereas, on April 20, 2024, Governor Hochul signed Chapter 58 of the Laws of 2024, Part KK of Chapter 58 to provide for a two-year extension, without other modification, until July 1, 2026, of the amendment to the Open Meetings Law established by Chapter 56 of the Laws of 2022 expanding the use of videoconferencing by public bodies to conduct open meetings; and Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to reflect the two- year extension without further modification to July 1, 2026; 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, June 25, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to amend Chapter 8 of the Pelham Village Code entitled “Videoconferencing of Public Meetings”. 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 # 14 – Resolution Calling for a Public Hearing on Local Law No. 3 of 2024 to Amend Chapter 8 of the Pelham Village Code Entitled “Videoconferencing of Public Meetings” Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 15 – Resolution Authorizing the Execution of a Memorandum of Understanding Related to the Community Choice Aggregation Program Whereas, the Village of Pelham is a member of Sustainable Westchester and a participant in the Community Choice Aggregation Program (“CCA” or the “Program”); and Whereas, the current Electric Service Agreement (“ESA”) for the Sustainable Westchester CCA program terminates on October 31, 2024; and Whereas, the Village of Pelham desires to continue to engage the services of Sustainable Westchester, Inc. as the Program Manager for CCA and administration of the Program; and Whereas, in connection with the CCA, Sustainable Westchester has provided the Village of Pelham with information regarding the plan to secure a new ESA (the “2024 ESA”); and Whereas, a new Memorandum of Understanding (the “2024 MOU”) with Sustainable Westchester will allow for the bid for electricity supply to be awarded to the lowest-priced responsible bidder; and Whereas, the purpose of the 2024 MOU is to: a) establish the Village of Pelham’s participation in the CCA to be managed by Sustainable Westchester, Inc. under the 2024 ESA; b) to affirm that the Village of Pelham and Sustainable Westchester, Inc. agree to adhere to the terms and conditions of the 2024 ESA in the event the 2024 ESA is executed; and c) to affirm that the Village of Pelham and Sustainable Westchester, Inc. agree to execute the 2024 ESA, subject to the conditions of review and approval outlined in the MOU; and Whereas, demand for the Tier 2 voluntary renewable energy certificates (“RECs”), which have historically been the medium for the purchase of renewable energy in support of the Program, has available exceeded supply, such that suppliers can only offer a 50% renewable supply option as the default product for the 2024 ESA, along with an opt-up option that allows participating customers to elect to select a 100% renewable supply option supported by the purchase of Tier 2 RECs; and Whereas, the New York Energy Research and Development Authority (“NYSERDA”), the New York entity charged with managing the State’s REC program, has this year announced that it will offer Tier 1 RECs for voluntary purchase in August 2024, after the 2024 ESA is anticipated to be executed; and Whereas, Sustainable Westchester has worked with potential suppliers to provide the possibility for the Village of Pelham to increase the default product from 50% renewable supply to 100% renewable supply through the additional purchase of 50% Tier 1 RECs from NYSERDA’s August 2024 sale, provided that the price of such Tier 1 RECs would result in a total energy price that is no more than a half cent per kWh higher than the 100% Tier 2 renewable price that would be available as an opt-up option under the base contract (the “100% Renewable Default Amendment”); and Whereas, Sustainable Westchester has provided the 2024 MOU template under which a municipality authorizes and commits to signing the 100% Renewable Default Amendment if price condition set forth above is met; Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham does hereby authorize the Village Administrator to execute the 2024 MOU with Sustainable Westchester, Inc. and the associated 2024 ESA subject to receiving a Compliant Offer, as defined in the MOU, as required to continue participating in the CCA program. Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Vote Record - Item # 15 – Resolution Authorizing the Execution of a Memorandum of Understanding Related to the Community Choice Aggregation Program Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 16 - Resolution Calling for a Public Hearing on Local Law No. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter 98-72 (A) of the Code of the Village of Pelham to add Indoor Recreation Facility as a permitted use in the Business – 1 Zoning District and to amend Chapter 98-6 to add a definition of Indoor Recreation Facility; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on May 14, 2024, the Village Board of Trustees prepared a Short Environmental Assessment Form (EAF), declared itself to be lead agency and identified the proposed action as an Unlisted Action; and Whereas, notice was duly provided to the County of Westchester as required by General Municipal Law § 239-m, 239-n and 239-nn and Westchester County Administrative Code § 277.61 and 277.71; and Whereas, the Board of Trustees of the Village of Pelham determined the Code of the Village of Pelham § 98-141 requires the proposed action be referred to the Planning Board and such referral was made on 5-14-2024. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, June 25, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to amend Chapter 98 of the Pelham Village Code entitled “Zoning”. 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. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 17 - Resolution Calling for a Public Hearing on Local Law No. 5 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Restaurant Definition Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter 98 of the Code of the Village of Pelham to redefine Restaurant and remove the definition of Fast Food Restaurant; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on May 14, 2024, the Village Board of Trustees prepared a Short Environmental Assessment Form (EAF), declared itself to be lead agency and identified the proposed action as an Unlisted Action; and Whereas, notice was duly provided to the County of Westchester as required by General Municipal Law § 239-m, 239-n and 239-nn and Westchester County Administrative Code § 277.61 and 277.71; and Whereas, the Board of Trustees of the Village of Pelham determined the Code of the Village of Pelham § 98-141 requires the proposed action be referred to the Planning Board and such referral was made on 5-14-2024. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, June 25, 2024, at 8:00 p.m. or soon thereafter on a proposed local law to amend Chapter 98 of the Pelham Village Code entitled “Zoning” re: Restaurant definition. 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 # 17 – Resolution Calling for a Public Hearing on Local Law No. 4 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” re: Indoor Recreation Facility Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 18 – Other Business Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Recurring Items Item # 19 - Authorizing Accounts Payable Village Trustee Otondi 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) $1,253,346.43 Capital Projects Fund (H) $ 63,910.86 Trust & Agency (T) $ 270.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $1,317,527.29 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 # 19 – Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 11, 2024 Item # 20 - Authorizing Minutes of: May 28, 2024 Regular Meeting Vote Record - Item # 20 – Authorizing the Minutes of May 28, 2024 Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, June 11, 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 21 - Adjournment

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