Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, DECEMBER 12, 2017, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Roll Call 4. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Approving Site Plan, Subdivision and Authorization to Cluster 185-195 Lincoln Avenue 9. Resolution Approving Site Plan at 8 Boulevard West 10. Presentation on a Proposed Development at 101 Wolfs Lane 11. Discussion on Sanitation Contract Bid Results (Continued from 11/28/2017) 12. Public Hearing on Local Law No. 7 of 2017 Entitled Utility Tax 13. Resolution Adopting Local Law No. 7 of 2017 Entitled Utility Tax 14. Resolution Appointing Administrative Intern 15. Resolution Appointing Assistant Village Administrator 16. Resolution Calling for a Public Hearing on Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c 17. Resolution Authorizing the Execution of an Interlocal Cooperative Purchasing Agreement with the Houston Galveston Area Council 18. Discussion on Sustainability Committee 19. Other Business Recurring Items 20. Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 21. Authorizing Accounts Payable 22. Authorizing the Minutes of: September 26, 2017, October 10, 2017 and October 24, 2017 23. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, January 9, 2018 Tuesday, January 23, 2018 Budget Meeting: Tuesday, January 23, 2018 6:30 p.m. – Fire Department All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:31 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Present were Trustees Ferrara, Kagan, Mullen, and Spira-Cohen. Trustee Reinke and Trustee Potocki arrived late. Village Administrator Gallagher and Assistant to the Village Administrator Scelza were present. Mayor’s Report: Mayor Volpe reported there has been a delay in the PBA interest arbitration briefing, so it will take on Friday, December 22nd. Mayor Volpe stated he will be attending a meeting on Tuesday, January 16 th about the outcome of the briefing, so hopefully a decision can be reached quickly. Mayor Volpe reported 163 Wolfs Lane had a proposal for a development, but it is not on tonight’s agenda. Mayor Volpe has met with the developers and they will incorporate some of the changes discussed, so there should be updates on this proposal for next year. Mayor Volpe thanked the Town of Pelham Supervisor DiPaola and his staff for ensuring the Town of Pelham Annual Tree Lighting Ceremony was a success. Mayor Volpe stated there is no power on the poles south of the metro north train station, so they are working on fixing it. Mayor Volpe reported he met with some of the Board of Education officials to discuss their upcoming projects, and Mayor Volpe will produce a written statement to the community on these projects soon. Mayor Volpe reported crossing guard Lorenzo Justino passed away this weekend, Mr. Justino was a long time cross guard, and he thanked Mr. Justino for his service. Mayor Volpe announced Michael Shriman, General Foreman of the Department of Public Works, will be retiring after the first of the year, and Mayor Volpe wishes him and his family the best in their future endeavors. Page 2 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Trustees’ Report: Trustee Ferrara had nothing to report. ******** Trustee Kagan revealed that participation in the CCA program administered through Sustainable Westchester/Westchester Power has produced a savings of about $0.25 cents per kWh, so the average home saves about $50 per year. Trustee Kagan encourages the Village of Pelham to remain in the program, because it provides the Village with competitive choice, reduced electric rates, and electricity generated from renewable sources. Trustee Kagan reported since its launch in May 2016, Westchester Power has helped to avoid 3.5 million tons of CO2, have served 1 billion kilowatt-hours, and saved $3 million overall in Westchester County energy bills. ******** Trustee Mullen reported 350 people responded to the Village of Pelham Garbage Pickup Services Survey since it was distributed on Friday, December 1st through email, Pelham Plus, Facebook groups (DOP and MOP), senior group, and on the Village website; Mayor Volpe and Trustee Mullen thanked everyone who participated in the survey. Trustee Mullen reported the Pelham Picture House will be hosting a 90 Second film Challenge on Wednesday, December 13th for grades 6 through 8. The Pelham Picture House will be announcing the theme and the rules in the morning, so one winner will be chosen from each age group, and the winning films will be screened before the opening day showings of Star Wars: The Last Jedi. ******** Trustee Potocki had nothing to report. ******** Trustee Reinke arrived late, so she missed the Trustees’ report. ******** Trustee Spira-Cohen had nothing to report. Page 3 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Village Administrator’s Report: Village Administrator Gallagher reported leaves may be placed curb side until Friday, December 15 th for DPW to collect; Christmas trees may be left out curbside until Wednesday, January 31st. Item # 7 – Public Comments Susan Mutti, 321 4th Avenue, came to extol Mr. Shriman’s achievements during his tenure as the General Foreman of DPW. Ms. Mutti stated it was an honor to collaborate with Mr. Shriman on their numerous projects such as the Benedict Fountain. Ms. Mutti recalls one project in particular, along the Highbrook Avenue bridge that Mr. Shriman changed to ensure the safety of the residents, so he coordinated with Con-Edison to reroute the wires underneath the bridge. Ms. Mutti said Mr. Shriman was always responsive to her requests, and he was the only department head to respond in real time during the Board of Trustees regular meetings. Ms. Mutti wishes him and his family all the best. Page 4 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Non-Recurring Items Item # 8 – Approving Site Plan, Subdivision and Authorization to Cluster 185-195 Lincoln Avenue Mayor Volpe reported the public hearing was closed on Tuesday, November 28 th, so they called for the drafting of the resolution, which is included in the agenda packet. The Board has declared itself as the lead agency for SEQRA review purposes and they have received a full environmental assessment form. Mayor Volpe stated If the site plan is approved then the applicant will have to obtain a building permit and begin construction within 180 days or the approval will be null and void. Trustee Kagan asked about the purpose of the 6th lot/parcel, and Mr. Cooper revealed the 6th lot will be managed by the HOA as a common area, so there is no intention for a 6th home nor is it legal. Trustee Kagan stated Mr. Eziye, a New Rochelle resident, raised some concerns about the sewer system, so DPW foreman Mr. Shriman used water tracing dye to locate the sewer line and to check circulation, which affirmed that the storm sewer line does extend to Pelham and Pelham’s sewer system can accommodate the new development. Mayor Volpe stated he received a letter from the New Rochelle Commissioner of Development, Luis Aragon, respecting this property, and Mr. Aragon’s concern is this project will lead to parking issues for New Rochelle residents; Mayor Volpe believes the proposed on-site parking will more than accommodate the new residents. Mr. Aragon would like the Village of Pelham to lift the restrictions of overnight parking in the vicinity of the site, so Mayor Volpe will give a copy of the letter to Police Chief Benefico for review, and they will take these concerns under advisement for the future. Mayor Volpe stated the design and landscape buffering issues have been addressed, so the changes made to the proposal satisfy the Board. Mayor Volpe stated any issues with noise or glare from the development of this project will not be tolerated, so please contact him if any problems arise during the construction phase. Resolution Approving Site Plan, Subdivision and Authorization to Cluster 185-195 Lincoln Avenue Lincoln Pelham Development Townhomes 185-195 Lincoln Avenue Lincoln Pelham Partners Tax Map Identification # 164.21-44 & 164.21-47 Whereas, Lincoln Pelham Partners, LLC (the applicant) has submitted to the Board of Trustees an application prepared by Gabriel E. Senor, P.C. dated November 6, 2013, and last revised on August Page 5 Board of Trustees Regular Meeting Tuesday, December 12, 2017 2, 2017, for approval of a proposed development and or use of land within the Village of Pelham for the project known as Lincoln Pelham Development Townhomes; and Whereas, subsequent to the original application, the applicant submitted the following documents and plans prepared by Gabriel E. Senor, P.C. unless otherwise noted: 1. Site Plan Application and Declaration of Intent to Develop, prepared by Barry Milowitz, and dated June 9, 2017. Site Plans, dated November 6, 2013 and August 2, 2017: o Sheet S-1: Stormwater Pollution Prevention and Erosion Control Plan; o Sheet S-2: Site and Grading Plan; o Sheet S-3: Construction Work Plan Traffic Maneuvering & Area Map; 2. Subdivision Map, dated May 17, 2013 and August 2, 2017; 3. Subdivision Map of Lot 5 Subdivision, dated June 8, 2017 and last revised July 13, 2017; 4. Landscaping Plan (Sheet LS-1) and Construction Details (Sheet LS-2), dated August 7, 2017; 5. Full Environmental Assessment Form (EAF), prepared by Lincoln Pelham Partners LLC, and dated June 9, 2017; 6. Underground Storage Tank Closure Report, prepared by Tyree Environmental Corp., and dated July 19, 2013; 7. Remedial Action Plan, prepared by Tyree Environmental Corp., and dated April 22, 2013. 8. Site Monitoring Report (2nd Quarter 2015) / Request for Closure, prepared by Tyree Environmental Corp., and reporting period dated April through June 2015; 9. Phase II Environmental Site Assessment (ESA) Report, prepared by Hydro Environmental Solutions, Inc., and dated June 4, 2012; 10. Bedrock Well Installation and Remedial Action Plan, prepared by Tyree Environmental Corp., and dated June 5, 2014; 11. Site Monitoring Report (3rd Quarter 2015) / Request for Closure, prepared by T-Environmental, Inc., and reporting period dated July through September 2015; 12. Geotechnical Investigation – Letter Report, prepared by Geotechnical Engineering Services, P.C., and dated August 9, 2017; 13. Storm Water Pollution Prevention Plan (SWPPP), dated August 7, 2017; and Whereas, the Applicant has represented to this Board that it is the lawful owner or contract vendee of the property that is the subject of the proposed use; and Whereas, the applicant is proposing to subdivide the 0.76-acre site into a clustered subdivision consisting of five attached homes, each on its own lot, and a sixth lot to be commonly owned and controlled by a homeowners’ association (HOA); and Whereas, pursuant to Village Code §98-135.1, “[n]o person may offer for sale a lot that was not defined as a separate parcel of land on the Tax Map of the Village of Pelham on April 1, 2016, without Page 6 Board of Trustees Regular Meeting Tuesday, December 12, 2017 first obtaining the approval of the Board of Trustees for a subdivision plat in the manner provided by Article 7 of the Village Law” and “[n]o permit for the construction of any building on any lot in a proposed subdivision may be issued unless the subdivision has been duly approved by the Board of Trustees, the plat has been duly filed in the office of the County Clerk and the street or highway giving access to the lot has been suitably improved to the satisfaction of the Board of Trustees or a performance bond as required by the Board of Trustees has been duly filed with the Board of Trustees;” and Whereas, the applicant has requested that the Board of Trustees approve a site plan for the property in accordance with Village Code §79-4; and Whereas, the applicant has requested that the Board of Trustees exercise its authority under Village Code §98-106.4 of the Village Code to modify zoning requirements in connection with the proposed subdivision and redevelopment, and Whereas, the applicant has duly provided the notice to all property owners contiguous to the its property; and Whereas, the applicant has duly provided notice to the County of Westchester and the City of New Rochelle 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 Applicant has submitted the fee required by in accordance with the Schedule of Fees for the Village of Pelham; and Whereas, the Board of Trustees has referred the original application to the Planning Board and Architectural Review Board for the purpose of conducting a detailed review of the application; and Whereas, the Planning Board conducted a detailed review of the original application and submitted to the Board of Trustees a resolution recommending approval with conditions on October 3, 2017; and Whereas, the Architectural Review Board conducted a detailed review and submitted to the Board of Trustees a resolution recommending approval with conditions on October 16, 2017; and Whereas, after due notice the Board of Trustees held a public hearing with respect to the application on November 28, 2017; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), the Board of Trustees has identified the proposed action as an unlisted action; received a full environmental assessment form (EAF) and declared itself to be lead agency; and Whereas, the Board of Trustees has (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF, the criteria for determining significance set forth in 6 NYCRR §617.7(c) and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in this resolution; and Whereas, the Board of Trustees has considered the standards for site plan review established by Village Code § 79-5 and Page 7 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Now, therefore, after considering the documents submitted by the applicant, as recited above, the recommendation from the Planning Board and all of the public comment heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: 1. the proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and 2. the land shown on the plat is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or the public health, safety and welfare; the proposed lots satisfy the zoning regulations except as modified by this determination in accordance with Village Code §98-106.4; and there are no roads within the proposed subdivision; and 3. in order to enable and encourage flexibility of design and development of land in such a manner as to preserve its natural and scenic qualities, protect areas of meaningful ecological value, reduce flood hazards, facilitate the adequate and economical provision of streets and utilities, minimize negative environmental impacts, improve the aesthetic quality of new residential developments, encourage the conservation of energy, increase recreational opportunities and otherwise promote the planned and environmentally desirable use of land, the Board of Trustees finds that development of the property without limitation by reason of the otherwise applicable provisions of Chapter 98 of the Village Code with respect to minimum lot size, lot width, lot coverage, yard requirements, and frontage requirement in connection with the subdivision and redevelopment of the property benefits the Village by protecting natural features and open space resources or otherwise; and 4. the application of Lincoln Pelham Development Townhomes, prepared by Gabriel E. Senor, P.C. on behalf of Lincoln Pelham Partners, LLC, for the subdivision and site plan approval permitting the clustered development of five single family townhomes on a six lot subdivision (five for individual homes and a sixth for commonly owned property) is approved subject to the following conditions: Site Plan 1. Prior to the issuance of a building permit, the applicant shall a. identify, confirm and document to the satisfaction of the Building Inspector that off-street parking site(s) for construction vehicles shall be utilized to avoid on-street parking; b. meet with the Building Inspector to provide a staging and construction plan; c. provide to the Building Inspector a temporary erosion and sediment control specific plan showing not only the silt fence but also where the sediment basins and erosion control swales referenced on page 2, paragraph 4 of the SWPPP will be located; d. provide details satisfactory to the Building Inspector as to how drainage for the remainder of the site will be managed beyond the 0.27 acres in the immediate footprint of the building and driveway development; e. establish to the satisfaction of the Building Inspector that pre-post construction stormwater will not redirected into adjacent properties; Page 8 Board of Trustees Regular Meeting Tuesday, December 12, 2017 f. submit to the Building Inspector a homeowners’ association (HOA) agreement, approved by the Village Attorney, providing for the management and maintenance of the commonly-owned property (Lot 6) and restrictions on the use of that property consistent with the environmental review, including restrictions on disturbance outside of the proposed limits of disturbance; g. obtain the approval of the Westchester County Department of Public Works and Transportation, pursuant to General Municipal Law §239-f, for the placement of curb cuts and other site modifications along the site’s frontage on Lincoln Avenue prior to the issuance of a Building Permit; and h. file the proposed subdivision plat with the Clerk of the County of Westchester; and 2. Prior to the issuance of a certificate of occupancy, the applicant shall a. implement measures satisfactory to the Building inspector and the Village Engineer that will offset the projected increase in sewer flow though reductions in inflow/infiltration (I&I) at a ratio of three for one and provide documentation to the Building Inspector and to the County of Westchester Department of Public Works; b. verify to the satisfaction of the Building Inspector that there is sufficient space within the development to accommodate the expanded County recycling program that includes plastics with number 1 through 7; and c. file with the Village Clerk a performance bond in which the Village is named as obligee in an amount sufficient to cover the full cost of all required work planting and improvements, in accordance with Village Code §79-6(J). 3. The applicant shall commence construction within six months of this approval. Geotechnical 4. In accordance with the applicant’s geotechnical report, prior to commencing the framing of the project, the applicant shall a. place and compact a minimum of 6 inches of ¾” crushed stone under the footings sufficient to ensure geotechnical stability during construction; b. provide to the Building Inspector a report by a geotechnical engineer licensed in New York State stating that the footing subgrades are satisfactory; c. proof-roll the soil subgrade with a minimum of 6 passes of a smooth drum vibrating roller with a minimum 10-ton static weight, or other approved equipment having similar energy; d. excavate unstable areas which cannot be stabilized by additional compaction to competent material and backfill the area with compacted select or structural backfill; Page 9 Board of Trustees Regular Meeting Tuesday, December 12, 2017 e. slope the top of the rock outcrop using an excavator-mounted hoe-ram, to chop the rock and create a slope at an angle of 5V:1H, for the full length of the rock outcrop, outside the footprint of the townhouses; and f. line-drill the rock outcrop if a hoe ram does not adequately slope the top of the rock outcrop at an angle of 5V:1H. 5. The applicant shall engage a geotechnical engineer at the applicant’s expense to observe and report to the Building Inspector the groundwater conditions during construction and whether there is a need for waterproofing and dewatering, and, if waterproofing and dewatering are required, the applicant shall provide plans to the Building Inspector within 72 hours and prior to further construction activity. 6. A qualified engineer/geologist shall be onsite during the rock excavation, particularly within the northern rock outcrop, and to inspect the exposed rock surfaces and ensure that all loose pieces are removed and only stable rock mass remains; and Be it further resolved, that the Mayor and the Building Inspector be authorized to endorse this Board’s approval of the application upon compliance by the applicant with the terms and conditions of this resolution; and Be it further resolved, that in accordance with Village Code §79-7, this site plan approval shall be null and void if the applicant fails to obtain a building permit within 180 days. Vote Record- Item # 8- Resolution Approving Site Plan, Subdivision and Authorization to Cluster 185-195 Lincoln Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 10 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 9 – Approving Site Plan at 8 Boulevard West Jonathan Kraut, from Harfenist, Kraut, & Perlstein, LLP, representing Elk Homes Partners II LP, gave a brief history of the project, the applicant proposed a 16 unit multifamily residential development under the BDFZ. The applicant met with the Board then they were referred to the land use boards, where they received comments and made the necessary changes to the site plan. Mr. Kraut stated notice has been given to the contiguous property owners, the City of New Rochelle, and Westchester County. Mayor Volpe stated as per the Building Inspector’s determination, the applicant will need to eliminate the fitness center from the roof and reduce the height of the building to comply with the height requirement. Mayor Volpe would like to encourage the applicant to participate in the expanded Westchester County Recycling program, and file with the Village Clerk a performance bond in which the Village is named as obligee. Trustee Kagan asked why Westchester County approval is needed for curb cuts, and Village Administrator Gallagher said he was unsure. Mr. Kraut stated their traffic engineer determined that the curb cut location is appropriate in terms of site distance. Resolution Approving Site Plan at 8 Boulevard West Whereas, in accordance with Chapter 79: Site Plan Approval of the Zoning Law of the Village of Pelham, a formal and complete site plan showing a proposed development and or use of land within the Village of Pelham for the project known as Colonial Court prepared by Crozier-Gedney Architects, P.C. for Elk Home Partners III LP and dated 7-11-17 and last revised on 9-06-17 was submitted to the Board of Trustees. The applicant has represented to the Board of Trustees that it is the lawful owner/contract vendee of the property to be occupied for the proposed use; and Whereas, the applicant is proposing to create a multifamily residential development with 16 units 2 bedrooms, and 3 bedrooms on the .24 acre site; and Whereas, the .24 acre site is zoned Business-1 and the applicant is requesting site development approval pursuant to Village Code §98-106.3 Business District Floating Zone (“BDFZ”); and Whereas, in support of the application the applicant has submitted the following documents and plans prepared by Crozier-Gedney Architects, P.C. unless otherwise noted: Site Plan Application and Declaration of Intent to Develop, prepared by Crozier-Gedney Architects and dated 07-11-17 and last revised 09-08-17: o Sheet T-100, Project Info & Site Plan, prepared by Crozier-Gedney Architects, P.C., dated 07- 11-17 and last revised 09-08-17; o Sheet S-100, Survey, prepared by Stephen F. Hoppe, L.S., dated 6-21-17; o Location Map, prepared by Crozier-Gedney Architects, P.C., undated; o Sheet S-102, Site Characteristics, prepared by Crozier-Gedney Architects, P.C., dated 07-11- 17 and last revised 09-08-17; Page 11 Board of Trustees Regular Meeting Tuesday, December 12, 2017 o Sheet Z-100, Zoning Analysis and Setback Diagram, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet Z-101, Coverage Diagrams, prepared by Crozier-Gedney Architects, P.C., dated 07-11- 17 and last revised 09-08-17; o Sheet Z-102, Rear Setback Diagrams, prepared by Crozier-Gedney Architects, P.C., dated 07- 11-17 and last revised 09-08-17; o Sheet H-100, Historic Village Characteristics, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet H-101, Historic Village Characteristics, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet L-1, Interior Lighting Calculations, prepared by Apex Lighting Solutions, dated 8-14-17; o Sheet SP-100, Site Plan, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheer ER-1, Site Plan and Details Notes, prepared by Benedict A. Salanitro, P.E., P.C., dated 6-28-17 and last revised 8-22-17; o Sheet L1.0, Planting Plan, prepared by Dala Landscape Architects, LLC, dated 08-07-17 and last revised 08-25-17; o Sheet L2.0, Roof Plan, prepared by Dala Landscape Architects, LLC, dated 08-07-17 and last revised 08-25-17; o Sheet PS-100, Parking Study, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-05-17; o Sheet ST-100, Apartment Unit Analysis, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-100, typical Floor Plans, prepared by Crozier-Gedney Architects, P.C., dated 07-11- 17 and last revised 09-08-17; o Sheet A-101, Roof Plan, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-200, Front + Right Streetscape, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-201, Front + Left Streetscape, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-202, Front + Left Streetscape, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-203, Front + Right Elevations, prepared by Crozier-Gedney Architects, dated 07-11- 17 and last revised 09-08-17; o Sheet A-204, Rear + Left Elevations, prepared by Crozier-Gedney Architects, P.C., dated 07- 11-17 and last revised 09-08-17; o Sheet A-204B, Tower Studies, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-205, Façade Details, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet A-206, Façade Details, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; Page 12 Board of Trustees Regular Meeting Tuesday, December 12, 2017 o Sheet A-207, Parking Garage Elevation, prepared by Crozier-Gedney Architects, P.C. dated 07-11-17 and last revised 09-08-17; o Sheet EV-100, Environmental, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet EV-101 Environmental Specifications, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet F-100 Material Key, prepared by Crozier-Gedney Architects, P.C., dated 07-11-17 and last revised 09-08-17; o Sheet F-101 Materials Specifications, prepared by Crozier-Gedney Architects, P.C., dated 07- 11-17 and last revised 09-08-17; Whereas, the Applicant has provided notice to all property owners contiguous to the Applicant’s property; and Whereas, the applicant has duly provided notice to the County of Westchester and the City of New Rochelle 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 Applicant has submitted the fee required by in accordance with the Schedule of Fees for the Village of Pelham; and Whereas, the Board of Trustees referred the original application to the Planning Board and Architectural Review Board for the purpose of conducting a detailed review of the application; and Whereas, the Planning Board conducted a detailed review of the original application on August 8, 2017 and September 19, 2017 and submitted to the Board of Trustees on October 3, 2017 a resolution to recommending approval with conditions; and Whereas, the Architectural Review Board conducted a detailed review on October 4, 2017 and submitted to the Board of Trustees on October 16, 2017 a resolution recommending approval with conditions; and Whereas, after due notice the Board of Trustees held a public hearing with respect to the application on November 28, 2017; and Whereas, the Building Inspector has determined that the 1,000 square foot fitness center which the applicant has proposed on the roof of the proposed building does not constitute an amenity within the meaning of Village Code §§ 98-102(B) or 106.3(E)(4) which would relieve the applicant of the otherwise applicable height requirement; and Whereas, the property satisfies the requirements for consideration under Village Code §98-106.3 Business District Floating Zone; and Whereas, the Board of Trustees has considered the design guidelines established by Village Code §98-106.3(E)(9); and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), The Board of Trustees identified the proposed action as an Unlisted Action; the Board of Trustees has identified the proposed action as an unlisted action; received a full environmental assessment form (EAF) and declared itself to be lead agency; and Page 13 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Whereas, the Board of Trustees has (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF, the criteria for determining significance set forth in 6 NYCRR §617.7(c) and any other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in this resolution; and Whereas, the Board of Trustees has considered the standards for site plan review established by Village Code § 79-5. Now, therefore, after considering the documents submitted by the applicant, as recited above, the recommendation from the Architectural Review Board and the Planning Board and all of the public comment heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: A. the proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and B. the application of Elk Home Partners III LP for site plan approval for the project known as Colonial Court prepared by Crozier-Gedney Architects, P.C. for site plan approval be approved subject to the following conditions: 7. Prior to the issuance of a building permit, the applicant shall: a. modify the plans to eliminate the fitness center from the roof and reduce the height of the building to comply with the otherwise applicable height requirement; b. identify, confirm and document to the satisfaction of the Building Inspector that off-street parking site(s) for construction vehicles shall be utilized to avoid on-street parking; c. meet with the Building Inspector to provide a staging and construction plan; d. provide to the Building Inspector a temporary erosion and sediment control specific plan showing not only the silt fence but also where the sediment basins and erosion control swales will be located. e. to the Building Inspector details as to how drainage for the remainder of the site will be managed beyond the footprint of the building and driveway development. f. establish to the satisfaction of the Building Inspector that pre-post construction stormwater will not redirected into adjacent properties; g. obtain the approval of the Westchester County Department of Public Works and Transportation, pursuant to General Municipal Law §239-f, for the placement of curb cuts and other site modifications along the site’s frontage on Boulevard West prior to the issuance of a Building Permit; and 8. Prior to the issuance of a certificate of occupancy, the applicant shall Page 14 Board of Trustees Regular Meeting Tuesday, December 12, 2017 a. implement measures satisfactory to the Building inspector and the Village Engineer that will offset the projected increase in sewer flow though reductions in inflow/infiltration (I&I) at a ratio of three for one and provide documentation to the Building Inspector and to the County of Westchester Department of Public Works; b. verify to the satisfaction of the Building Inspector that there is sufficient space within the development to accommodate the expanded County recycling program that includes plastics with number 1 through 7; and c. file with the Village Clerk a performance bond in which the Village is named as obligee in an amount sufficient to cover the full cost of all required work planting and improvements, in accordance with Village Code §79-6(J). 9. The applicant shall commence construction within six months of this approval. Be it further resolved, that the Mayor and the Building Inspector be authorized to endorse this Board’s approval of the application upon compliance by the applicant with the terms and conditions of this resolution; and Be it further resolved, that in accordance with Village Code §79-7, this site plan approval shall be null and void if the applicant fails to obtain a building permit within 180 days. Vote Record- Item #9-Approving Site Plan at 8 Boulevard West Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 15 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 10 – Presentation on a Proposed Development at 101 Wolfs Lane Seth Mandelbaum, from McCullough, Goldberger & Staudt, LLP, representing Matriarch Development, presented an updated site plan proposal for the development at 101 Wolfs Lane. Mr. Mandelbaum reported since they last presented before the Board in July 2017, the developers have been working with Ms. Bourne and Mr. Spolzino to identify issues with the proposal that need to be resolved. The developers also met with Village Administrator Gallagher and Trustee Kagan in September, and incorporated their comments into the proposal. Matriarch Development is seeking approval of the project and requesting the following:  The application of the BDFZ for this project.  An easement for a portion of the Village Municipal parking lot 7, and the applicant will improve the area with landscaping.  Access from Sparks Avenue to the garage of the development over the existing Village Municipal parking Lot 7. Matriarch would need create a pedestrian path from Wolfs Lane to the Village Municipal parking lot 7 through their property.  A parking waiver of 12 spaces for non-residential uses because they are required to have 83 parking spaces total, and right now they have 71 spaces. Pursuant to Section 98-113 Parking for non residential uses, but Section 98-106.3 (8) provides the Board with different tools to consider the parking requirement/waiver. Michael Tribe, from Peter Gisolfi Associates, stated applicant is proposing a 5 story mixed use development with 58 residential units and commercial space built on green principles split between two land parcels. Mr. Tribe noted that the applicant has also offered 3,000 square feet of ground floor space of the new building fronting Wolfs Lane for the relocation of Village Hall offices. The first two stories will extend fully to the front property line, while the third, fourth, and fifth stories will be stepped back so as to reduce visual impacts and massing. The portion of the building on the other parcel will be five stories and will include two levels of below grade parking and storage below. The proposed development will have amenities including: a pool, fitness center, courtyard, roof garden, laundry room, bicycle storage, concierge desk, package room, additional storage, court yard, and terraces for the residents of the building. Mr. Mandelbaum asked the Board for a formal referral to Ms. Bourne for review and comment, so they can go to the land use boards; Mayor Volpe stated no referral will be made tonight, so Mayor Volpe outlined the steps for the applicant. Mayor Volpe stated after a retainer has been paid, Ms. Bourne will provide the applicant with a checklist, so then applicant can present before the Board again with Ms. Bourne in attendance, and then be referred to the land use boards. Frank Fish, from BFJ Planning, stated the applicant was asked to complete a long environment assessment form, and the analysis prepared by BFJ Planning, dated November 2017, revealed that Page 16 Board of Trustees Regular Meeting Tuesday, December 12, 2017 any school children added by the new development will be minimal (only two to four), and they will be vastly outweighed by the taxes generated by the project. The traffic impact study, prepared by Provident Design Engineering, PLLC, dated November 2017, found that the minimal traffic associated with the proposed project will not have an adverse impact on the roadway network. Mayor Volpe was unsure of the accuracy of the school tax estimates in the presentation, so Mayor Volpe requested additional information from the applicant concerning the traffic study and the taxes. Mayor Volpe asked if Ms. Bourne requested anything else from the applicant, and Mr. Mandelbaum said the storm water/erosion study is forthcoming. Mayor Volpe said if the current retainer on file is not sufficient, then it will have to be replenished, but Ms. Bourne will be in contact with them. Trustee Kagan asked the applicant to provide a digital copy of their materials, so it can be uploaded to the Village website. Page 17 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 11 – Discussion on Sanitation Contract Bid Results (Continued from 11/28/2017) Mayor Volpe encouraged the community to attend the next Board of Trustees meeting on Tuesday, January 9th, to participate in the sanitation contract discussion. Trustee Mullen announced the Village Garbage Pick-up Services Survey had 350 respondents, and the results of the survey will be published on the website this week. Trustee Mullen summarized the comments from the survey, and some residents prefer rear-yard over curb side pickup because it is a Pelham staple, but some like it for safety reasons, health reasons, aesthetics, and convenience. Trustee Mullen noted the respondents answer choices respecting the rear-yard pick up option were close in number, as 35.62% of the respondents rated it as not important, and 30.82% rated it as extremely important, despite that 77.85% of the respondents use the rear-yard pick-up option. Trustee Mullen stated he filtered the data to analyze and understand the respondent’s answer choices, and his biggest take away was that the respondents like rear-yard pick-up for property aesthetics. Mayor Volpe commented that rear-yard pick-up service is a selling feature for some people. Trustee Mullen stated some people feel the money can be used for other Village services such as road paving, but Trustee Potocki said rear-yard pick-up is a defining characteristic of Pelham, along with no overnight parking, and curb side loose leaf pick-up. John Cassone, 312 7th Avenue, commends the Board on creating and distributing the survey, and he thinks 350 respondents is a good sampling size. Mr. Cassone said rear-yard versus curb-side has always been an issue in the Village of Pelham. Marilyn Zielinski, 60 1st Street, said the survey was developed in a vacuum, and perhaps it would have been better to present different alternatives for the money in the survey. Ms. Zielinski said the data can be manipulated, and the Board needs to make decisions on what is best for the community. Trustee Mullen agreed with Ms. Zielinski that context changes the conversation, but at the time the Board wanted to know people’s thoughts on the matter, so they did not have other alternatives prepared. Trustee Kagan said he likes the survey, and context can also alter people’s responses, for example: fire truck or rear-yard pick-up? Page 18 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 12 – Public Hearing on Local Law No. 7 of 2017 Entitled Utility Tax The public hearing was opened on motion by Trustee Reinke and seconded by Trustee Ferrara, passed unanimously. Village Administrator Gallagher said Local Law No. 7 represents an effort to modernize our local law with respect to the taxation of utilities operating within the Village of Pelham. Local Law No, 7 will supersede the 1950 law of the Village of North Pelham, and it allow the Village of Pelham to conform to laws of other Villages in Westchester County. Trustee Kagan said unfortunately, the definition of utility is outdated, but the Village does not have the ability to change it. Village Administrator Gallagher thanked Terri Rouke, the Village Clerk, for bringing this to his attention and noted she has been instrumental in this process. Mayor Volpe also thanked Terri Rouke for her involvement. The public hearing was closed on motion by Trustee Mullen and seconded by Trustee Ferrara, passed unanimously. Page 19 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 13- Adopting Local Law No. 7 of 2017 Entitled Utility Tax Resolution Adopting Local Law No. 7 of 2017 Entitled Utility Tax Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to create Chapter 85 of the Village Code to allow the Village to implement New York State Village Law §5-530, which enables the Village to collect Utilities Gross Receipts Tax. 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 State Environmental Quality Review Act (“SEQRA”) 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 December 12, 2017 at or about 7:30 p.m. at Village Hall, 195 Sparks Avenue, Pelham, NY 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. 7 of 2017 creating Chapter 85 of the Village Code entitled Utility Tax which will allow the Village to implement New York State Village Law §5-530, which enables the Village to collect Utilities Gross Receipts Tax; and 2. The Board of Trustees directs the Village Clerk and Village Administrator to prepare said Law for filing with the Secretary of State in accordance with §27 of the Municipal Home Rule Law. Vote Record- Item # 13- Adopting Local Law No.7 of 2017 Entitled Utility Tax Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 20 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 14- Appointing Administrative Intern Resolution Appointing Administrative Intern Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Yari Fernandez, of Bronx, New York, effective Monday, December 11, 2017, at an annual salary of $40,000 to the position of Administrative Intern for no more than one (1) year, subject to the requirements of Westchester Civil Service; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor and Village Administrator to take the necessary and appropriate actions to effect this appointment. Vote Record- Item # 14- Appointing Administrative Intern Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke Second ☒ ☐ ☐ ☐ Trustee Spira- Motion ☒ ☐ ☐ ☐ Cohen Page 21 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 15 – Appointing Assistant Village Administrator Mayor Volpe stated the Board amended the Village Code to create the position of Assistant Village Administrator. Mr. Scelza has taken on numerous financial, operational, and technological responsibilities, and Mayor Volpe stated this position confirms Mr. Scelza’s value to the Village of Pelham. Resolution Appointing Assistant Village Administrator Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotion and appointment of Christopher Scelza, of Ossining, New York to the position of Assistant Village Administrator, effective Monday, December 11, 2017, at an annual salary of $65,000 subject to the requirements of Westchester County Civil Service and with no other modifications to the terms and conditions of employment; and Be it further resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor and Village Administrator to take the necessary and appropriate actions to effect this appointment. Vote Record- Item # 15- Appointing Assistant Village Administrator Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke Motion ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 22 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 16 – Calling for a Public Hearing on Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Mayor Volpe stated this law would provide the Village with the flexibility to override the tax levy limit when it adopts the fiscal year budget of 2018-19. Resolution Calling for a Public Hearing on Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to override the limit on the amount of real property taxes that may be levied by the Village of Pelham pursuant to General Municipal Law §3-c, and to allow the Village of Pelham to adopt a budget for the fiscal year commencing June 1, 2018 that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law §3-c; 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 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, January 9, 2018 at 7:30 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law to override the real property tax levy limit established in General Municipal Law §3-c; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Vote Record- Item # 16 – Calling for a Public Hearing on Local Law No. 1 of 2018 to Override the Real Property Tax Levy Limit Established in General Municipal Law §3-c Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke Second ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 23 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 17 – Authorizing the Execution of an Interlocal Cooperative Purchasing Agreement with the Houston Galveston Area Council Village Administrator Gallagher stated participation in this consortium will provide the Village with lower rates for fire trucks from certain manufacturers, and it does not obligate the Village to purchase from the consortium. Trustee Mullen stated the Village is already enrolled in the NJPA consortium, and the Village is looking at five manufacturers: Smeal, Pierce, Crimson, Marion, and Ferrara. Resolution Authorizing the Execution of an Interlocal Cooperative Purchasing Agreement with the Houston Galveston Area Council Whereas, in accordance with New York State General Municipal Law §103 the Village of Pelham (“Village”) is authorized to purchase apparatus, materials, equipment and supplies, as well as to contract for services related to the installation, maintenance or repair of those items, through the use of contracts let by the United States or any agency thereof, and/or any state or any other political subdivision or district therein; and Whereas, the Houston-Galveston Area Council (“H-GAC”), a political subdivision of the State of Texas, has instituted a cooperative purchasing program under which it contracts with eligible entities, including municipalities nationwide, to provide access to competitively bid goods and services; and Whereas, the H-GAC cooperative purchasing program is compliant with New York State General Municipal Law §103, offering the potential to reduce costs associated with procurement of necessary goods and services, including the prospective purchase of certain fire apparatus; and Whereas, the Village is required to execute and return the attached no fee H-GAC Interlocal Cooperative Purchasing Agreement in order to take advantage of available procurement opportunities. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Interlocal Cooperative Purchasing Agreement. Vote Record- Item # 17 – Authorizing the Execution of an Interlocal Cooperative Purchasing Agreement with the Houston Galveston Area Council Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Motion ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira- Second ☒ ☐ ☐ ☐ Cohen Page 24 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 18 – Discussion on Sustainability Committee Trustee Ferrara stated the Sustainability Committee will advise the Board on sustainability issues, and it will serve as a modernized version of the Tree Committee. The Tree Committee has effectively been replaced by the Department of Public Works, since they are tasked with the pruning and the maintenance of the trees. Trustee Ferrara stated the next step is to update the Village Code to codify this new committee structure. Trustee Ferrara would like to have about 10-11 members from the Town and the Village Board to better integrate the committee with government affairs. Mayor Volpe advised Trustee Spira-Cohen to reach out to Eco-Pel and the Pelham Preservation Society for more input. Mayor Volpe suggested that the Sustainability Committee create an annual written plan, present a report to the Board, designate Board liaisons, and coordinate with the Town. Trustee Spira-Cohen believes the Sustainability Committee would be a vehicle for clean energy projects, which can lead to grant opportunities, like NYSERDA's Clean Energy Communities designation, or NYDEC's climate smart communities certification. Mayor Volpe believes this committee could help the Village in its future green endeavors, and the Mayor recalled when the Village was ineligible for a grant because they did not have such a committee in place. Trustee Spira- Cohen stated that one of the first deliverables of the Sustainability Committee could be a Sustainability Action Plan. The mission of the Sustainability Advisory Board (SAB) is to prioritize goals, develop programs, and recommend policy, legislation, and code amendments that encourage and contribute to the economic, social and environmental sustainability of the Village. Areas of advisement include: energy conservation and alternative fuel use, waste reduction and recycling, preservation and development of open space, maintenance of the Village’s tree canopy, alternative modes of transportation (including walking and cycling), storm water quality improvement, water conservation, and green building design. The SAB, in development of its recommendations, will consider best practices and lessons learned from other towns and villages in addition to financial sustainability and cost effectiveness. Meeting Schedule: Monthly Membership: Minimum of five plus board liaison, with possibility of expansion at the will of the Village board Appointment of Members and Chair: by the Mayor with approval of the Village Board of Trustees Term: 2 years (staggered terms -- should we institute term limits?) Page 25 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 19 – Other Business High Brook Highline Eagle Scout candidate Michael Ruggiero was in attendance to earn a badge, so Mayor Volpe asked Mr. Ruggiero, which of his eagle scout colleagues will be taking over the High Brook Highline project. Woods Johnson will take the lead on the project, so Mr. Johnson would like to clear the part of the bridge trail. Mayor Volpe asked Mr. Johnson and Mr. Ruggiero to meet with him to discuss the details of the project further. Mayor Volpe commended Mr. Ruggiero on his work and gave him a Village of Pelham pin to demonstrate his gratitude. Pre-Pay Taxes Mayor Volpe said he has received a few questions from residents, if it was possible to pre-pay their taxes, but Mayor Volpe said at the moment, it cannot be done. Mayor Volpe said the budget for Fiscal Year 2017-18 is set, but they do not have new tax levy or budget for Fiscal Year 2018-19, so they do not have this information available. Fire Truck Discussion Trustee Mullen reported the Fire Truck Committee (FF Frusciante, Lt. Reynolds, FF Bellantoni, and FF Melendez) is considering Smeal and Pierce, but they are leaning towards Smeal because they will waive the delivery fee ($8,000 in savings) if the Village pre-pays for the chassis, a reduction of $5,817 for a different pump, and an additional finder’s fee discount of $3,300 recognizing a recommendation made by Fire Chief DiNapoli. Smeal has also agreed to give the Village 40 days to make their decision and honor the 2017 price of the fire truck at $551,736, and applying the discount the total will be $537,772. The Fire Truck Committee also favors Smeal over Pierce because the parts for a Pierce fire truck will be about 30% higher than Smeal; Smeal is also the manufacturer that offers a loaner service for about $5,000 a month, which means once the Village enters a contract with Smeal, the Village can request a loaner truck to use if anything happens to our current trucks while the Smeal truck is being built, and this service will extend to the life of the new truck as well. Village Administrator Gallagher reported a completion bond will be in place for the fire truck, and Trustee Kagan stated it is important to extend the life of bond to cover the waiting period for the fire truck since it will take over a year. Mayor Volpe wants Trustee Mullen and Village Administrator Gallagher to attend a fire truck committee meeting to review all of this; Mayor Volpe would like the Village Attorney, Edward Smith, to review the Interlocal Cooperative Purchasing Agreement with the Houston Galveston Area Council. Bonding Rates Page 26 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Mayor Volpe stated bonding the Board authorized will be available at the turn of the year. Mayor Volpe stated the bonding rates are lower than what the Board anticipated; Village Administrator said Sterling Bank initially offered at 1.29%, but then Sterling Bank offered a rate of .55% if the Village deposits the BAN funds in the money market account, so the effective rate is .74%. Mayor Volpe said the Board has to start moving on projects. Page 27 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Recurring Items Item # 20 – Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 Resolution Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Deputy Village Treasurer to modify the 2017-18 Budget by making the following budget amendments and transfers (attached hereto and made part hereof). Vote Record- Item # 19 – Authorizing Budget Amendments and Transfers for Fiscal Year 2017-18 Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 28 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 21 - Authorizing the Accounts Payable Trustee Mullen audited the Accounts Payable. A brief discussion took place on vouchers #9715, #1192, and #9718. Resolution Authorizing 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 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 $1,705,627.93 Capital Projects Fund $3,077.50 Trust and Agency Fund $5,701.11 TE Private Purpose Trust Fund $0.00 Grand Total $1,714,406.54 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record- Item # 20 – Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 29 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 22 – Authorizing the Minutes of: September 26, 2017, October 10, 2017 and October 24, 2017 Vote Record- Item #22-Authorizing the Minutes of September 26, 2017 Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record- Item #22-Authorizing the Minutes of October 10, 2017 Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Vote Record- Item #22- Authorizing the Minutes of October 24, 2017 Village of Pelham Board of Trustees Regular Meeting Tuesday, December 12, 2017 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke ☐ ☐ ☒ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 30 Board of Trustees Regular Meeting Tuesday, December 12, 2017 Item # 23 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 9:50 pm to enter into Executive Session to discuss respecting the retirement of a personnel, the potential retirement of a personnel, and the issues associated with hiring after which time the Board would adjourn for the evening. Vote Record- Item # 23-Close the Public Portion of Meeting/ Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara Second ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Mullen ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Potocki ☒ ☐ ☐ ☐ ☐Discussed Trustee Reinke Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 31