Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 10, 2024, 8:13 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Public Hearing on Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 9. Resolution Adopting Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 10. Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department 11. Resolution to Declare the Village of Pelham Board of Trustees Lead Agency & Issue a Negative Declaration for the North Pelham Watershed Flood Mitigation Project 12. Resolution Adopting the Determination and Findings of the Village of Pelham North Pelham Watershed Flood Mitigation Project – Condemnation of the Property Designated on the Town of Pelham Tax Map as Section 158.84, Block 2, Lot 62, Commonly Known as Julianne’s Playground, 6 th Street, Pelham, NY 10803, Pursuant to Section 204 of the Eminent Domain Procedure Law 13. Resolution Authorizing the Award of Contract # 2024-02 for Alterations to the Existing Parking Garage at Third Street and Sixth Avenue (bid deadline & opening 8/15/24, 10:00) 14. Pro-Housing Communities Resolution 15. Resolution Authorizing the Appointment of a School Crossing Guard (Part -Time) 16. Other Business Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: August 6, 2024 Work Session and Regular Meeting 19. Adjournment Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Next Regularly Scheduled BOT Meetings: Tuesday, September 24, 2024 Tuesday, October 8, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:13 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:13 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 – the Arts Council is having an Outdoor Movie Night in Wolfs Lane Park on October 19th. They are partnering with the Chamber of Commerce as well as the Picture House. Village Trustee Mohan – the Fire Department had 98 calls in August, one of which was mutual aid to the Village of Pelham Manor to assist in a rescue. It worked out successfully, and Fire Chief Benkwitt expects we will have more requests for assistance. A reminder that tomorrow the Village is having our annual 9/11 Ceremony at 8:30 AM. Village Trustee Otondi – Shoutout to the DPW who had a busy summer as far as helping with all the concerts, road work, sidewalks and storm work in town. Leaf season is approaching so they are currently preparing for that as well. Village Trustee Solomon – 25 MPH speed limit in the Village has been posted. School drop-off has looked better than it has in the past. A shoutout to Police Chief Green and the Police Department for doing a great job in terms of patrol. The education campaign that Trustee Solomon has begun is going out and there will be more coming out for Pedestrian Safety in October. Deputy Mayor Carpenter – nothing to report. Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 5 - Village Administrator’s Report: An update on the Westchester Power Community Energy Program has been posted to the website. A new contract will begin on November 1 st and letters will be going out from Sustainable Westchester. The letter will include information on new contract rates, the term, and how to opt out or change supply. The Village is wrapping up the work at the intersection of Wolfs Lane and Sparks Avenue. The last final piece of work is restriping the intersection and turning on the signals. Item # 6 - Mayor’s Report A reminder that tomorrow morning is the 9/11 Ceremony beginning at 8:30 AM. Last week, Mayor Mullen met with New York State’s Housing Commissioner for a status update on New York State’s Pro Housing Initiative. Only about 160 communities have adopted the Pro Housing Pledge so far. The State is looking to make this more beneficial to those who have adopted the pledge, so as a result, whoever does adopt it will have an advantage in terms of grants. A congratulations to Gina Picinich, a former colleague on the Westchester Municipal Officials Association and former Mayor of Mount Kisco, who advocated for changes in terms of how Civil Service is operated by the County. She has now been appointed Deputy Commissioner of Human Resources, congratulations once again! Thank you to Village Trustee Solomon for the Pedestrian Safety campaign he has built. There has been a significant difference, and thanks to those abiding by the new speed limit and being more cautious. A final thanks to Village Administrator Scelza and everyone in Village Hall for all that was accomplished over the summer such as the Wolfs Lane and Sparks Ave updates, flood mitigation, the environmental impact analysis, bond sale, staffing changes, and more. Item # 7 - Public Comments No public comment. Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Non-Recurring Items Item # 8 – Public Hearing on Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law No. 8 of 2024 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” Re: Outdoor Recreation Facility The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, September 10, 2024, on a proposed Local Law that would amend Chapter 98-73 (A) of the Code of the Village of Pelham to add Outdoor Recreation Facility as a permitted use in the Business – 1 Zoning District and to amend Chapter 98-6 to add a definition of Outdoor Recreation Facility. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the meeting at: *** Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Adriana Rugova, Deputy Village Clerk Vote Record - Item # 8 – Open Public Hearing on Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 – 8:36 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2 nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Vote Record - Item # 8 – Close Public Hearing on Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 – 8:37 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2 nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 9 – Resolution Adopting Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 Whereas, the Board of Trustees of the Village of Pelham has proposed a local law 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 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on June 25, 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 6-25-2024; and Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on September 10, 2024, at or about 8:00 p.m. online via Zoom and in Village Hall and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 8 of 2024 of the Village of Pelham which allows the Village of Pelham to Add Outdoor Recreation Facility as a Use Requiring a Special Permit in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6; 2. The Board of Trustees directs the Deputy Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 9 – Resolution Adopting Local Law No. 8 of 2024 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 in the Village’s Business-1 District and Add a Definition of Outdoor Recreation Facility to Chapter 98-6 – 8:38 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2 nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 10 - Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department Whereas, the Westchester County Department of Human Resources has certified to the Village of Pelham a list of eligible candidates for the permanent position of Firefighter; and Whereas, Shane Macdonald is ranked on the foresaid list of eligilble candidates. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Shane Macdonald of Pelham, New York, to the position of Firefighter (Recruit with EMT) Job Class Code 0106-01 from Westchester County Civil Service Eligible List # 64-991, effective September 10, 2024, at an annual salary of $41,709.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Professional Firefighters Association Collective Bargaining Agreement, Village of Pelham Employee Handbook 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 # 10 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department – 8:18 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2 nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 11 - Resolution to Declare the Village of Pelham Board of Trustees Lead Agency & Issue a Negative Declaration for the North Pelham Watershed Flood Mitigation Project Whereas, the Village of Pelham (the “Village”) is proposing to acquire the real property designated on the Town of Pelham Tax Map as Section 158.84, Block 2, Lot 62, commonly known as Julianne’s Playground, via Eminent Domain, as part of a larger project to construct a flood mitigation system to eliminate chronic flooding in the Village of Pelham, which is part of the North Pelham Watershed Drainage Basin (the “Project”); and Whereas, the Village Board of Trustees (“Board of Trustees”) voted to proceed with the eminent domain acquisition of the property interests it needs at Julianne’s Playground, at a regularly scheduled and properly noticed meeting of the Board of Trustees held on May 28, 2024; and Whereas, the Village subsequently held a duly advertised public hearing regarding the eminent domain acquisition at Village Hall, 195 Sparks Ave., Pelham, NY 10803, in the County of Westchester, in the State of New York on June 18, 2024, which was held open through and including June 28, 2024, for the purpose of allowing the submission of written comments; and Whereas, the Board of Trustees reviewed Part 1 of the Full Environmental Assessment Form (the “EAF”) prepared by Nanette H. Bourne of NHB Planning Group, who has been retained as Village’s planning consultant for the Project, and preliminarily determined that the Project is a Type I Action pursuant to the State Environmental Quality Review Act (“SEQRA”) and the implementing regulations set forth at 6 NYCRR Part 617, as amended (the “Regulations”); and passed a resolution declaring its intent to serve as Lead Agency for purposes of conducting a coordinated review of the Project under SEQRA; and Whereas, on July 10, 2024, the Board of Trustees sent correspondence to all Involved and Interested Agencies for the Project, providing information about the Project along with the EAF Part 1 and requesting their comments about the Project’s potential environmental impacts and about the Board of Trustees’ declaration of intent to serve as lead agency; and Whereas, the Board of Trustees has received no objections from the involved agencies to the Board of Trustees’ declaration of intent to serve as Lead Agency for the Project’s SEQRA review; and Whereas, the Board of Trustees has reviewed the completed Parts 2 and 3 of the EAF, which were prepared at the direction of the Board of Trustees, and has compared the impacts that may reasonably be expected to result from the Project to the criteria for determining significance as identified in Section 617.7(c)(1) of the Regulations, which is attached hereto and incorporated herein. Now, therefore, be it resolved, that the Board of Trustees hereby declares itself Lead Agency for the Project, and as Lead Agency hereby adopts a negative declaration determining that the Project will not result in any potentially significant adverse environmental impacts, and further resolves that a Draft Environmental Impact Statement will not be prepared, for the reasons set forth in the attached Notice of Determination of Significance and EAF Part 3; and Be it further resolved, that the Village Board Board of Trustees hereby authorizes and directs the Deputy Village Clerk to distribute a copy of this Resolution to all involved and interested agencies, and any person who has requested a copy, file notice of the negative declaration with the Environmental Notice Bulletin, and to make all other filings required by law. Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Vote Record - Item # 11 – Resolution to Declare the Village of Pelham Board of Trustees Lead Agency & Issue a Negative Declaration for the North Pelham Watershed Flood Mitigation Project – 8:39 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 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 2 nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 12 - Resolution Adopting the Determination and Findings of the Village of Pelham North Pelham Watershed Flood Mitigation Project – Condemnation of the Property Designated on the Town of Pelham Tax Map as Section 158.84, Block 2, Lot 62, Commonly Known as Julianne’s Playground, 6th Street, Pelham, NY 10803, Pursuant to Section 204 of the Eminent Domain Procedure Law Whereas, on June 18, 2024 at 7:00 p.m., a duly advertised public hearing was held by the Village of Pelham (“the Village”) at 195 Sparks Ave, Pelham, NY 10803, in the County of Westchester, in the State of New York. The public hearing was held with regard to the proposed acquisition of the real property designated on the Town of Pelham Tax Map as Section 158.84, Block 2, Lot 62, commonly known as Julianne’s Playground, 6 th Street, Pelham, NY 10803 (the “Property”) in connection with the North Pelham Watershed Flood Mitigation Project (the “Project”); and Whereas, following a presentation by the Village’s outside counsel, Jennifer Polovetsky, Esq. of Duane Morris LLP, speakers from the general public made statements about the Flood Mitigation Project and/or the proposed Property acquisitions and/or submitted written comments; and Whereas, the public hearing was held open through and including June 28, 2024, for the purpose of allowing the submission of written comments to Duane Morris LLP Attn: Jennifer Polovetsky, Esq., 1540 Broadway, New York, NY 10036 for its review; and Whereas, additional written comments about the Flood Mitigation Project and/or the proposed Property acquisition(s) were received by the Village prior to the end of the written submission period at 5:00 p.m. on June 28, 2024. A summary of the statements and written comments is set forth below; and Whereas, the Village Board of Trustees (“Village Board”) acted as Lead Agency under the New York State Environmental Quality Review Act (“SEQRA”) and determined the Project was a Type I Action pursuant to §§ 617.4, 617.6 of the SEQRA regulations; and Whereas, the Village Board reviewed the Project and the associated Long Form EAF and related and supporting documents to identify and analyze the relevant areas of environmental concern, in order to determine if the Project presents any significant adverse environmental impacts pursuant to § 617.7 of the SEQRA regulations; and Whereas, pursuant to Section 204 of the Eminent Domain Procedure Law, the Village has made its determination and findings with regard to the proposed acquisition (the “Acquisition”) of the Property. Now, therefore, be it resolved, by the Village Board that the following constitutes its determination and findings, and is hereby adopted as such: 1. The Village has the power of eminent domain under EDPL Article 401 et seq. 2. EDPL Public Hearing. On June 18, 2024, the Village held an EDPL public hearing to inform the public and to receive the public's comments on the proposed property acquisitions for the Flood Mitigation Project. All oral comments received at the hearing, together with all written comments received by the end of the written submission period following the hearing, have been reviewed, made part of the record, and given due consideration. Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 3. Location and Property Interests to be Acquired. The location and nature of the property interests required for the Flood Mitigation Project, and hereby approved for acquisition, are as follows: (i) a permanent property interest in fee simple absolute consisting of approximately 5,663 square feet, or .13 acres; (ii) a permanent subterranean easement of approximately 30,492 square feet, or .70 acres; and (iii) a temporary easement consisting of approximately 74,488 square feet, or 1.71 acres (collectively, the “Property Interests”). At the June 18, 2024, public hearing, and in letters mailed to the Property owner and interested parties prior to the public hearing, as well as in the publication of the notice of public hearing, the Village provided the descriptions of the afore-referenced Property Interests to be acquired. The Village hereby reserves the right to acquire lesser interest(s), or greater interest(s) in the Property, as dictated by the needs of the Flood Mitigation Project. 4. Public Use, Benefit, or Purpose and Reasons for Selecting the Flood Mitigation Project Location (EDPL §204(B)(1). With respect to the public use, benefit or purpose to be served by the Acquisition, the flooding in the Village of Pelham has become an ever - growing public safety crisis, causing ongoing damage to Village homes and businesses and threatening the health and safety of Village residents. In order to address this urgent crisis, the Village and its engineering consultants have spent the last eighteen (18) plus months developing a Village-Wide Flood Mitigation Plan (the “Plan”). The current Flood Mitigation Project will address deficiencies in drainage infrastructure that handle the flow of Village storm water. The implementation of the Plan will provide a necessary public benefit to Village residents and property. The Village has employed engineers, who have determined that an essential and mandatory component of the Plan is to construct a wet well and pump station on the subject Property, which is currently owned by the Pelham Union Free School District Board of Education, known as Julianne’s Playground designated as Section 158.84, Block 2, Lot 62 on the Town of Pelham Tax Map. The implementation of the Plan, which will mitigate flooding and thereby protect the health, safety, and residents of the Village will serve a public purpose, and thereby constitutes a public use. 5. The property is currently used as a playground, and is zoned Residential A -3. After completion of this Flood Mitigation Project, neither the use nor the zoning of the property will change, as the Village intends to restore the playground to its current use in the same or better condition than currently exists. Additionally, upon completion of the above-ground pump station, the Village will build a structure around these pumps to ensure that the playground remains aesthetically pleasing, and it will also build restrooms in said structure (where none exist currently), so that residents and members of the public using the playground will be able to enjoy the restored Property thoroughly. 6. The remainder of the Flood Mitigation Project will include upgrades to and construction of new infrastructure required to effectuate the Plan, located in the Village’s right of way. The Flood Mitigation Project will entail the following: (I) A Storm water pumping station will be constructed on Julianne’s Playground at the Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 intersection of Sixth Street and Fourth Avenue, which will deliver excess storm water runoff to the Hutchinson River; (II) A below-grade storage piping network will be constructed beneath a portion of the existing tennis courts and unimproved blacktop at Julianne’s Playground, which will be used for runoff rate attenuation, allowing pumping units to operate at an otherwise lower discharge rate; (III) A dedicated force main pipe will extend approximately ±1,600 linear feet from the proposed pump station at Julianne’s Playground to the discharge outfall located on the New York State Department of Transportation’s property near Fifth Street and First Avenue. The discharge outfall will deliver excess storm water runoff to the Hutchinson River; and (IV) Force main piping will be installed within the limits of the Sixth Street and First Avenue rights-of-way and on Village-owned property. 7. Location of Real Property Interests and Reasons for Selection of those Locations [EDPL §204(B)(2)]. The Acquisition of the Property Interests is necessary to accomplish the Village’s complete overhaul of the current storm water system, as the Property directly abuts existing infrastructure that will be upgraded, as part of the Village’s proposed $39 million overhaul of the Village’s storm sewer system. The overhaul of the stormwater infrastructure is designed to reduce serious flooding in the North Pelham and Highbrook Avenue neighborhoods. Accordingly, in order to accomplish this urgent public use without further delay, the Village Board voted on May 28, 2024, to move forward with the acquisition of the Property Interests it needs at Julianne’s Playground via eminent domain. To facilitate the construction of the new storm water infrastructure, the Village evaluated the general area where the property is located, and determined that the location of this Property and the acquisition of the Property Interests are required to mitigate the severe flooding problem currently facing the Village. No alternate locations were considered, as this particular location is essential to complete the Flood Mitigation Project. A map showing the proposed Property Interests to be acquired was displayed at the public hearing, and made a part of the record herein. 8. General Effect of Real Property Acquisition on the Environment and Residents of the Locality [EDPL §204(B)(3)]. The local community will benefit from the use of eminent domain to acquire the Property Interests because it will allow the Village to mitigate the severe flooding that has plagued the area. The completion of this storm water Flood Mitigation Project will not only relieve flooding, but it will serve to protect the health and safety of Village residents and their property, as well as protecting all other property located within the Village itself. Upon completion of this Flood Mitigation Project Julianne’s playground will not only be restored to its prior condition or better, but will be enhanced by new improvements and facilities that can be enjoyed by the public at large. Pursuant to EDPL §204 and §617.7 of the SEQRA regulations, the Village has examined the general effect and potential impact of the proposed Flood Mitigation Project on the environment and the residents of the locality in relation to all relevant areas of environmental concern, including land use and public policy, socioeconomic conditions, community facilities and services, open space, shadows, historic and cultural resources, urban design and visual Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 resources, natural resources, hazardous materials, water and sewer infrastructure, solid waste and sanitation services, energy, electromagnetic fields, transportation, air quality, greenhouse gas emissions and climate change, public health and environmental justice; and made its determination of significance indicating that that the proposed Flood Mitigation Project will not result in any significant adverse impact on the environment and the surrounding community (the “Negative Declaration”). The foregoing Negative Declaration was memorialized in the September 10, 2024, resolution of the Village Board, acting as lead agency under SEQRA. The Village, as lead agency, also examined the effect of construction activities from the proposed Flood Mitigation Project and concluded that there will be no significant adverse environmental impacts due to the construction of the proposed Flood Mitigation Project, and any minor impacts from construction would be limited in scope and temporary in duration. 9. COMMENTS. At the public hearing, oral and written comments were received from the public, and it was stated that additional written comments would be accepted until the close of business on June 28, 2024. Any written comments received after June 28, 2024, at 5 p.m. were neither considered nor included in this Determination and Findings. All oral comments, together with any written comments submitted at the June 18, 2024, EDPL Article 2 Public Hearing, were memorialized and included in the transcript of said public hearing. A copy of the Public Hearing transcript was published on the Village’s website on July 10, 2024. A link to the Public Hearing Transcript can be found here: https://www.pelhamny.gov/DocumentCenter/View/754/EDPL-Article-2-Public-Hearing- Transcript-with-Exhibits-PDF. The following summarizes the written comments received through the close of business on June 28, 2024: I. Written comments received from James Castro-Blanco, Esq., counsel for the potential condemnee, the Pelham Union Free School District (the “District”), summarized as follows: (a) Objecting to the condemnation on the grounds that the District is a condemnor itself, and that Property known as Julianne’s Playground is currently used for a public use, and may one day be used by the District for a future public use; (b) Objecting to the condemnation on the grounds that the proposed construction will render the Property unusable for any possible future District facility; (c) Objecting to the categorization of the partial Acquisition as a partial taking instead of a full taking; (d) Objecting to the condemnation on the grounds that “all options and alternatives should be fully vetted” before proceeding with the Flood Mitigation Plan; (e) Objecting to the condemnation on the grounds that the “Village has failed to take into account the potential liabilities imposed upon the District and the taxpayers of the District upon completion of this project;” with such potential liabilities Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 including, without limitation, personal injury, property damage and environmental contamination; (f) Objecting to the condemnation on the grounds that the Village “has not taken into account the dire need for school facilities going forward, and/or the suitability of this site for construction of such facilities;” (g) Objecting to the condemnation on the grounds that the Village has not yet offered the District any reasonable compensation for the Property; (h) Objecting to the condemnation on the grounds that if the partial Acquisition is effectuated by the Village, then any future approvals that the District may one day require from the New York State Department of Education may possibly be delayed; and (i) Objecting to the condemnation on the grounds that the Village has failed to negotiate a full Acquisition of the Property. II. Written comment received from Daniel Levin, expressing support for the Flood Mitigation Project, while expressing concern over the sizing of the pumps and the proposed retention system, as well as concern over expected water levels in and out of the system in a storm event scenario. III. Written comment received from Raymond Florida, expressing concern over the installation of diesel engines in connection with the Flood Mitigation Project, and general concern for the health and welfare of the Village residents. IV. Written comment received from Greg and Marin Shunick, expressing unreserved support for the Acquisition of the Property via eminent domain, supporting the Flood Mitigation Plan, and supporting the upgrades to Julianne’s Playground once the Project is completed. V. Written comment received from Rosemary Brooke, objecting to the condemnation on the grounds that, in her opinion, the Village does not have the right of eminent domain in this case, that the future use of the Property will be diminished as a result of the taking, that no amount of compensation could possibly be sufficient in this case, that the Village did not agree to a land swap, and that local laws were not followed in this instance. VI. Written comment received from Anthony and Maureen Borsella, expressing concerns about the installations of diesel pumps and the resulting health implications, as well as expressing concern about any potential future use of the Property by the District for school purposes one day. VII. Written comment received from Rachel Berkowitz Bardolf, expressing concern about the health and welfare of the residents in the area, as well as any potential impact on property values. All comments have been given careful, extensive, and due consideration by the Village. Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 10. Determination. Based on due consideration of the record and the foregoing findings, the Village has determined that: (i) the acquisition of the Property Interests via eminent domain is necessary for implementation of the Plan and construction of the Flood Mitigation Project; (ii) the Village has the legal right to proceed with the Acquisition of the Property Interests via eminent domain; and (iii) there will be no significant adverse impact on the environment and the surrounding community as a result of the Plan and the effectuation of the Project. 11. Authorization to Proceed via Eminent Domain. The Village authorizes its attorneys, Duane Morris LLP, to proceed to acquire title to the Property Interests through eminent domain. Copies of this Determination and Findings are available and will be forwarded to the recipient, without cost and upon request, by writing to: Jennifer Polovetsky, Esq. Duane Morris LLP 1540 Broadway New York, N.Y. 10036 ANYONE SEEKING JUDICIAL REVIEW OF THE ABOVE DETERMINATION AND FINDINGS MUST COMMENCE A LEGAL PROCEEDING IN ACCORDANCE WITH EDPL §207 NO LATER THAN 30 DAYS AFTER THE VILLAGE COMPLETES ITS SERVICE AND ITS TWO-DAY PUBLICATION OF THIS DOCUMENT, OR A SYNOPSIS THEREOF. UNDER EDPL §207 AND §208, THE EXCLUSIVE VENUE FOR SUCH PROCEEDING IS THE APPELLATE DIVISION, SECOND JUDICIAL DEPARTMENT, 45 MONROE PLACE BROOKLYN, NY 11201. Vote Record - Item # 12 – Resolution Adopting the Determination and Findings of the Village of Pelham North Pelham Watershed Flood Mitigation Project – Condemnation of the Property Designated on the Town of Pelham Tax Map as Section 158.84, Block 2, Lot 62, Commonly Known as Julianne’s Playground, 6th Street, Pelham, NY 10803, Pursuant to Section 204 of the Eminent Domain Procedure Law – 8:43 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 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 2 nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 13 – Resolution Authorizing the Award of Contract # 2024-02 for Alterations to the Existing Parking Garage at Third Street and Sixth Avenue (bid deadline & opening 8/15/24, 10:00 a.m.) Whereas, the Village of Pelham (“Village”) issued a notice to bidders in request for bids under Contract # 2024-02 for Alterations to the Existing Parking Garage at Third Street and Sixth Avenue; and Whereas, a public notice was duly published in the Journal news, an official newspaper of the Village and on the Village’s website pursuant to New York State General Municipal Law § 103 (2); and Whereas, at 10:00 a.m. E.S.T., on Thursday, August 15, 2024, the Village Administrator publicly opened and read aloud two proposals in Village Hall; and Whereas, on reviewing the proposal, the bids were as follows: Total Base Bid 1. Specialty Construction System, Inc. $1,884,500.00 2. MPCC Corp. $2,637,773.00 Whereas, the Village’s consulting Architect and Village Administrator have determined that the lowest responsible bid that meets the requirements is Specialty Construction System, Inc. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards Contract # 2024-02 for Alterations to the Existing Parking Garage at Third Street and Sixth Avenue at the total base bid cost of one million eight hundred eighty-four thousand five hundred dollars ($1,884,500.00) to Specialty Construction System, Inc. ; and Be it further resolved, that the Village Administrator is hereby authorized to execute Contract # 2024-02 with said Specialty Construction System, Inc. and to undertake administrative acts as may be required under said Agreement. Vote Record - Item # 13 – Resolution Authorizing the Award of Contract # 2024-02 for Alterations to the Existing Parking Garage at Third Street and Sixth Avenue (bid deadline & opening 8/15/24, 10:00 a.m.) – 8:44 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2 nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 14 – Pro-Housing Communities Resolution Whereas, the Village of Pelham (hereinafter “local government”) believes that the lack of housing for New York residents of all ages and income levels negatively impacts the future of New York State’s economic growth and community well-being; and Whereas, the housing crisis has negative effects at regional and local levels, we believe that every community must do their part to contribute to housing growth and benefit from the positive impacts a healthy housing market brings to communities; and Whereas, we believe that supporting housing production of all kinds in our community will bring multiple benefits, including increasing housing access and choices for current and future residents, providing integrated accessible housing options that meet the needs of people with sensory and mobility disabilities, bringing economic opportunities and vitality to our communities, and allowing workers at all levels to improve their quality of life through living closer to their employment opportunities; and Whereas, we believe that evidence showing that infill development that reduces sprawl and supports walkable communities has significant environmental and public health benefits; and Whereas, we believe that affirmatively furthering fair housing and reducing segregation is not only required by law, but is essential for keeping our community strong and vibrant. Now, therefore, be it resolved, that the Village of Pelham, in order to take positive steps to alleviate the housing crisis, adopts the Pro-Housing Communities pledge, which will have us endeavor to take the following important steps: 1. Streamlining permitting for multifamily housing, affordable housing, accessible housing, accessory dwelling units, and supportive housing. 2. Adopting policies that affirmatively further fair housing. 3. Incorporating regional housing needs into planning decisions. 4. Increasing development capacity for residential uses. 5. Enacting policies that encourage a broad range of housing development, including multifamily housing, affordable housing, accessible housing, accessory dwelling units, and supporti ve housing. Vote Record - Item # 14 – Pro-Housing Communities Resolution – 8:47 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2 nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 15 – Resolution Authorizing the Appointment of a School Crossing Guard (Part - Time) Whereas, Cynthia Candelaria, by letter dated August 21, 2024, and effective August 30, 2024, submitted her letter of resignation as School Crossing Guard for the Village of Pelham. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the appointment by the Mayor of Elizabeth Tellez of New Rochelle, NY to the position of School Crossing Guard (Part-Time) Job Class Code 0141-02, effective Tuesday, September 3, 2024, with a one-year (1 Year) probationary period, at an annual salary of $11,200.00 subject to the requirements of Westchester County Civil Service; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to affect this appointment. Vote Record - Item # 15 – Resolution Authorizing the Appointment of a School Crossing Guard (Part-Time) – 8:48 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2 nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 16 – Other Business No other business noted. Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Recurring Items Item # 17 - Authorizing Accounts Payable Village Trustee McGreal 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) $ 520,074.03 Capital Projects Fund (H) $ 2,835.11 Trust & Agency (T) $ 17,255.75 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $ 540,164.89 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 # 17 – Authorizing the Accounts Payable – 8:49 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2 nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 10, 2024 Item # 18 - Authorizing Minutes of: August 6, 2024 Work Session and Regular Meeting Vote Record - Item # 18 – Authorizing Minutes of: August 6, 2024 Work Session and Regular Meeting – 8:49 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 10, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2 nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☒ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 19 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Eldahry, voted unanimously by all at 8:51 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Deputy Village Clerk