Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, JANUARY 28, 2025, 8:07 PM MUNICIPAL CENTER - 200 FIFTH 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, Zoning Map and Zoning Text Amendment and Site Plan Approval (SEQRA Resolution) 9. Resolution Accepting Deed and Construction Agreement re: Pelham House Project 10. Resolution Adopting Debt Management Policy 11. Other Business – Filming, Millenium Strategies Update Recurring Items 12. Authorizing Accounts Payable 13. Authorizing Minutes of: January 14, 2025 Work Session and Regular Meeting 14. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, February 11, 2025 Tuesday, February 25, 2025 Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:07 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:07 PM. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee Howell ☒ ☐ ☐ Village Trustee Mohan ☒ ☐ ☐ Village Trustee Otondi (Virtual) ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry – Thank you to everyone for making this new Municipal Center happen, and Happy Lunar New Year! Village Trustee Howell – There will be a follow up with the Pelham Chamber of Commerce next week, as well as a meeting with the Arts Council. There will also be a possible discussion with residents regarding business parking on residential streets as opposed to using the meters on Fifth Ave. Village Trustee Mohan – The EPA has approved the Village’s natural resources inventory. Village Trustee Otondi – nothing to report. Village Trustee Solomon – nothing to report. Deputy Mayor Carpenter – nothing to report. Item # 5 - Village Administrator’s Report: A reminder that during the snow season, residents, business owners and property owners have 24 hours to remove snow and ice from the sidewalks to avoid fines and assure the safety of our community. The Village is currently finalizing the Geotech boring bids for Highbrook Avenue and North Pelham. There will be some boxes and Xs with white spray paint which is for the plotting. We have conducted field surveys primarily of Julianne's playground which has been completed and is currently in draft. That's the first step as part of the preliminary investigation, and they're going to be starting the roadway assessments for Highbrook as well. We also requested what we call the road plates from the utility companies, specifically Con Edison and Veolia with respect to helping determine the precise locations of their underground infrastructure as that relates to our flood mitigation projects and the Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 improvements and enlargements that we're looking to do. We are also setting up plan sheets based on current aerial mapping. As far as grant updates, there's 2 grants that been identified through FEMA. The first one is called the Building Resilient Infrastructure and Communities Grants Program, also known as BRIC. This application is due by the end of February, and we plan on submitting an application for both watersheds for flood mitigation projects. The second grant that was announced same time as the BRIC was FEMA's flood mitigation assistance program. Once again, that grant application is due by the end of February and we will be applying for both the Highbrook and North Pelham watersheds. We also met with Millennium Mark Grant Consulting Firm as well as a disaster mitigation firm that assists municipalities throughout the country on conducting benefit cost analysis, which is a requirement for the grant application submissions. Item # 6 - Mayor’s Report An update in federal funding, there was a freeze that was announced on federal funding. It would affect many things such as grants that people and municipalities rely on every day. The Medicaid portal has been closed in all 50 states at this point, so we're going to be going through a tumultuous time. Mayor Mullen encourages people to reach out to their favorite nonprofits and make sure they have the funding they need as well as checking on the people in your life that rely on these programs. The second item that has not yet reached Pelham is regarding immigration. We have seen increases in Immigration and Customs Enforcement (ICE), who have been doing raids throughout the area. It is important to note that when it comes to a local police department, we do not enforce civil immigration laws, so we don't detain anyone for things related to immigration status. If ICE or CBP is taking action in the Village, they are allowed to do so as they are Federal Officers, but we will not participate OR interfere. The reason we have this policy is to protect the relationship between our officers and diverse community, and that our local resources are used to keep us all safe. If you ever need help from our officers, we are here to serve and there is no need to be afraid. Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Item # 7 - Public Comments Dr. Rookaya Bawa, 305 6th Ave: Dr. Bawa is attending this meeting to appeal to the Mayor and Board for reason in terms of parking in the Village. She states that she and others are celebrating the new building while also mourning the loss of the parking lot, as there is no adequate provision for parking. She feels their property has been devalued and wants to know what the long-term and short-term plan is for the future. Dr. Bawa also states that parking near Sergio’s (Lot 9) is impractical as their customers park on that road until midnight. Residents of 305 6th need to be able to park on the street until a long-term solution has been figured out, and until then they will show up to every meeting. She requests that her and other residents of the building be allowed to park on 6 th Ave and not be ticketed for doing so. Mayor Mullen states that the long-term plan was to put 60 public parking spaces in the new Pelham House Project. The work is estimated to take 18-24 months, and when it is done, we will get all those spots back. The spots that we had in Lot 3 are the same number of spots there are in Lot 9, the only difference being they are up north. Dr. Bawa states she is number 21 on the list and Mayor Mullen states that that is due to there being more demand for parking and even if Lot 3 was still open she would still be number 21 if she did not have a permit. Khatuna Taylor, 305 6th Ave: Khatuna states that there is no parking available near Sergio’s, and wants to know if there can be 24-hour parking on 6th Ave until the 60 spots become available. Although she has a spot in Lot 9, spots are never available. Mayor Mullen says he will have a conversation with both the Police and Fire Chief as 24-hour parking on both sides will become complicated when a fire truck needs to drive down 6 th Ave, but we will have a conversation regarding the two-hour parking on 6th. Khatuna also asks if there can be an exception regarding tickets being given when someone has a permit in Lot 9, but is unable to find parking there and parks somewhere else. Chelsea Chung, 305 6th Ave: Chelsea thanks the Mayor and Board for hearing the residents out and asks if it would be possible for them to reach out to the County or State and ask them to add parking spaces to Lincoln Ave. Mayor Mullen states that he will investigate, but there was a concern regarding the bus routes and the traffic engineer may have ruled that out. Alexander, 305 6th Ave: Alexander would like to know when this crisis will be resolved Mayor Mullen states that while we wait 18-24 months for the new spots, we are doing counts in the lots and seeing if we can offer up more spots to give us some relief. Alexander also asks if there can be signs put up in Lot 9 that say “no parking” as people park near Sergio’s and on 6th Ave, but Mayor Mullen explains that we can’t as it is a public street. The solution is the waiting list, and we will keep trying to push on it. Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Alla, 305 6th Ave: Alla states that parking at Sergio’s is very inconvenient, and they should be parking on the side streets while residents park along 5th Ave. Viktor Lucgjonaj, 305 6th Ave: Viktor would like to know if we can put a time limit on the spots such as 7 in the evening until 8 in the morning, spots are reserved for residents only. Although he does not blame Sergio’s as it is a public street, it becomes difficult when no parking is available even at 9:30 PM and he has to contact the Police Department to ask where he can park. Village Trustee Howell wants to make it clear that she completely understands the frustration and they will work collectively on trying to resolve this issue, but safety is paramount and Mayor Mullen along with the Board of Trustees must go to their experts and figure out a solution. Village Trustee Mohan then asks what the number of residents is that don’t have parking at all versus residents that find it to be inconvenient. Dr. Bawa responds that there are two groups of people, one group being those who were displaced and another group that gave up their parking due to the change in the parking lot. Village Trustee Mohan then follows up asking how many people gave their cars up due to this? Dr. Bawa states it would not be a sizable number. Village Trustee Eldahry asks if it would be possible for Dr. Bawa to give her the number of residents that have spots but are struggling to park, and the number of residents that have no spots at all and are on a waiting list. Village Trustees Howell and Mohan ask to attend their next meeting so they can better understand their concerns. Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 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, Zoning Map and Zoning Text Amendment and Site Plan Approval (SEQRA Resolution) 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 the Application of 64 Lincoln Avenue and 216 Third Avenue Lot Line Change, Zoning Map and Zoning Text Amendment and Site Plan Approval Be it resolved, that the Board of Trustees of the Village of Pelham, reaffirms as follows: 1. The proposed action is the approval of a lot line change to enable the construction of a new 550 square foot 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 497 square foot 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). The proposed modifications would conform to the lot and bulk regulations of the zoning districts they are in. An exception would be the front and side setbacks for the 216 Third Avenue lot; the setbacks are existing and would not change. 2. 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 3. 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. 4. 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 Village Clerk to make that referral. 5. 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). See Next Page for Vote Record Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Vote Record - Item # 8 – Site Plan Application and Intent to Develop – 216 Third Avenue (SBL 163.28-1-6) – Lot Line Change Between Two Lots, Zoning Map and Zoning Text Amendment and Site Plan Approval (SEQRA Resolution) – 9:04 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Item # 9 – Resolution Accepting Deed and Construction Agreement re: Pelham House Project Whereas, the Pelham Local Development Corporation (“PLDC”) and Pelham Green LLC (“Pelham Green” or the “Developer”) entered into that certain Amended and Restated Land Development Agreement Pelham House Project, dated as of October 11, 2022 (the “LDA” or the “Agreement”), in furtherance of the Project (as defined therein), which the Village also executed for the purpose of agreeing with and consenting to certain sections thereof; and Whereas, as a basis for the disposition of Village-owned real property to PLDC in furtherance of the Project and the obligations of PLDC under the LDA, the Village and PLDC also entered into that certain Amended and Restated Disposition Agreement, dated as of September 27, 2022 (the “Disposition Agreement”), wherein the Village agreed to transfer certain parcels of real estate to, and/or by and through PLDC to facilitate the Project; and Whereas, the First Closing (as defined in the LDA) occurred on June 13, 2023, at which and/or in connection with same: (i) the Village conveyed to Pelham Green the Parking Lot and Deck (as defined in the Agreement, and consisting of the real property at the corner of Third Street and Fourth Avenue, Village of Pelham, New York, being Section 163.36, Block 2, Lot 19 on the Town of Pelham Tax Map) (ii) Pelham Green conveyed to the Village the Capital One Site (as defined in the Agreement, and consisting of the real property known as 200 Fifth Avenue, Village of Pelham, New York, being Section 163.36, Block 2, Lot 28 on the Town of Pelham Tax Map) (iii) The LDC, as Owner, and Pelham Green, as Construction Manager, entered into that certain AIA A134-2019 Standard Form of Agreement Between Owner and Contractor, effective on or about October 1, 2022 (the “Construction Agreement”, as amended and inclusive of all riders and schedules), for the construction of a Municipal Center on the Capital One Site. Whereas, pursuant to and in accordance with the LDA, the Second Closing (as defined in the LDA) occurred as of December 24, 2024, which included the following transactions: (i) pursuant to the LDA and Disposition Agreement, the Village conveyed to Pelham Green the Village Fire House Site (as defined in the Agreement, and consisting of the real property known as 217 Fifth Avenue, Village of Pelham, New York, being Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map, and hereinafter the Parking Lot and Deck and the Village Fire House Site being referred to, collectively, in the LDA and this Certificate as the “Pelham Green Site”) (ii) Pelham Green simultaneously with such conveyance of the Pelham Green Site provided the Village with a Parking Easement, as defined within the LDA, and relating to the permanent dedication of sixty (60) parking spaces to be located within the Mixed-Use Development (as hereinafter defined) (the “Parking Easement”) (iii) Upon receipt of fee title to the Village Firehouse Site from the Village, Pelham Green transferred the Pelham Green Site to Pelham Green 2 LLC (“Pelham Green 2”) and Pelham Green 2 will construct a mixed-use development subject to the Parking Easement and certain Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 other approvals and agreements (such mixed-use development referred to as the “Mixed- Use Development”) (iv) The Administrative Agent and/or the Lenders for Pelham Green and Pelham Green 2 LLC closed one or more construction, project and/or other loans (the “Loans”) to fund (among other things) the costs of the Mixed-Use Development (v) PLDC transferred fee title to the Capital One Site and all improvements constituting the Municipal Center to the Village, and assigned the Construction Agreement from PLDC to the Village (the “Construction Agreement Assignment”, also executed as of December 24, 2024), Whereas, Pelham Green will have continuing obligations to the Village pursuant to the LDA and Construction Agreement, including the completion of the Municipal Center and, pursuant to the LDA, Pelham Green has secured and tendered a completion bond in the amount of $420,000.00 in favor of the Village and LDC (the “Completion Bond”), such completion bond to secure the complete and timely performance of all obligations to complete the Municipal Center in accordance with the LDA (including all components of the New Firehouse Completion List, as contained within Exhibit B of the LDA), and the Construction Agreement; and Whereas, the Village desires to ratify the acceptance of the deed pursuant to which the PLDC conveyed Capital One Site and all improvements constituting the Municipal Center to the Village (the “Deed”), and the assignment of the Construction Agreement, along with related matters. Now, therefore, be it resolved, as follows: Section 1. The Village hereby ratifies the acceptance of the Deed from PLDC for the Municipal Center, and the assignment of the Construction Agreement, and authorizes and approves the acceptance of title to the Municipal Center and administration of the Construction Agreement. The Village further ratifies the execution of all title transfer forms, documents and agreements relating to the foregoing. Section 2. The officers, employees and agents of the Village are hereby authorized and directed for and in the name and on behalf of the Village to do all acts and things required and to execute and deliver all such checks, certificates, instruments and documents, to pay all such fees, charges and expenses and to do all such further acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolutions and to cause compliance by the Village with all of the terms, covenants and provisions of the documents executed for and on behalf of the Village. Section 3. These Resolutions shall take effect immediately. Vote Record - Item # 9 – Resolution Accepting Deed and Construction Agreement re: Pelham House Project – 9:06 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Item # 10 – Resolution Adopting Debt Management Policy Whereas, the Village of Pelham seeks to position the Village’s debt plan amongst the best practices in municipal finance; and Whereas, the Office of the State Comptroller and Government Finance Officers Association and the recognized national bond rating institutions recommend that government agencies adopt a Debt Management Policy; and Whereas, the Village Board of Trustees believes that a Debt Management Policy is in the best interest of the Village of Pelham. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the Debt Management Policy attached hereto and made a part hereof. Vote Record - Item # 10 – Resolution Adopting Debt Management Policy – 9:07 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Item # 11 – Other Business Filming: There will be filming taking place on Monday, February 3rd, between 7 AM and 10 PM. It is going to be interior shots for a limited television series on Apply TV. There is going to be restricted parking on the west side of 5th Avenue as well as the north side of 1st Street. The interior shots will take place at Pelham Diner and the Rail House. All businesses that will be impacted have been notified by the location manager, and the Village will put out notices. Millenium Strategies Update: Village Trustee Eldahry asks for an update from Millenium Strategies as far as what they have applies for and accomplished, and also what we are eligible for since we have begun working with them. Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Recurring Items Item # 12 - Authorizing Accounts Payable Village Trustee Eldahry is auditing the Accounts Payable. Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham after audit of the following vouchers, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator/Treasurer and Deputy Village Treasurer: Fund Name: Amount General Fund (A) $ 102,205.03 Capital Projects Fund (H) $ 51,572.14 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $153,777.17 Be it further resolved, that the Village Board of Trustees hereby approves payment of the above- mentioned claims and authorizes payment thereof. Vote Record - Item # 12 – Resolution Authorizing Accounts Payable – 9:10 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 28, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, January 28, 2025 Item # 12 - Authorizing Minutes of: January 14, 2025 Work Session and Regular Meeting Vote Record - Item # 12 – Resolution Authorizing the Minutes of January 14, 2025 Work Session and Regular Meeting – 9:11 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, January 18, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☒Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 13 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Howell, voted unanimously at 9:12 PM to adjourn into executive session to discuss collective bargaining in the Fire and Police Department as well as the proposed acquisition sale or lease of real property. Respectfully submitted, Adriana Rugova, Village Clerk