Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 26, 2019, 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 Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department 9. Presentation on a Proposed Mixed-Use Development at 163 Wolfs Lane 10. Discussion on Request for Proposals Responses (Municipal Facilities) 11. Resolution Authorizing the Appointment of a Secretary/Assistant to the Village Administrator 12. Resolution Authorizing Salary Adjustment for a Police Officer 13. Resolution Authorizing the Use of Street Trees in the Village Right-of-Way for the National Alliance on Mental Health Ribbon Campaign 14. Resolution Authorizing the Renewal of an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services 15. Resolution Granting an Extension of Site Plan Approval for 101 Wolfs Lane 16. Resolution Authorizing Engagement Agreement with O’Toole & O’Toole, PLLC. 17. Other Business Recurring Items 18. Authorizing Accounts Payable 19. Authorizing the Minutes of: November 13, 2018 and November 27, 2018 20. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, March 12, 2019 Tuesday, March 26, 2019 Budget Work Session Meeting: Thursday, March 28, 2019 6:00 p.m. (Revenue and Non-Departmental Expenses) Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:30 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Volpe ☒ ☐ ☐ Trustee Ferrara ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry ☒ ☐ ☐ Trustee Mullen ☒ ☐ ☐ Trustee Potocki ☐ ☒ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Village Attorney Smith ☐ ☒ ☐ Mayor’s Report: Mayor Volpe reported the monopole that Crown Communications, the vendor for the state, told us it was going to install near the high school, is no longer happening there was official written communication that the vendor is not seeking to install the 134-foot pole on that site. He thanked Assemblywoman Paulin, Senator Biaggi the Board of Education and the Village of Pelham Manor who assisted after we wrote our letter and they wrote letters opposing the location. He said it was a good outcome for the community as a whole. He said the Village is corresponding and writing advocacy letters on behalf of our Village along with all the other villages and towns that are affected by the proposed cut in state aid. He said specifically for our community, it would mean that the state would not give us approximately $73,000-$74,000 that we normally get each year. He said this was cut from the Governor's budget but there’s a chance that it will be reinstated. Mayor Volpe reported that over the course of the last couple of weeks, the subcommittee he appointed to look at the responses to the Request for Proposals respecting the potential redevelopment of some of our municipal sites along with some commercial and residential housing has been progressing. He thanked those, who over vacation, put in time on the phone and in-person meetings with developers who continue to be interested in helping on the redevelopment of our Page 2 Board of Trustees Regular Meeting Tuesday, February 26, 2019 community. He said just by order of magnitude, so the community understands what's at stake, developers’ proposals are considering putting development in our community on the order of $42,000,000 to $69,000,000.00 million as an investment in the community. He said those numbers are changing a bit because the Village has gone back to them with more specifics of what we need in terms of redevelopment and what would be palatable in terms of reconstruction of parking or loss of parking potentially as a result of this development. He said if there are questions from public, please ask. Trustees’ Report: Trustee Ferrara reported the sewage testing for the block on Highbrook between Boulevard and Colonial that was taking place because of the flooding that was happening at Colonial School has been completed. She said there would be a result within two weeks at which point we'll reach out to the school and let them know how it can be resolved. Trustee Kagan-Nothing to report Trustee Kamal Eldahry- Nothing to report Trustee Mullen-Nothing to report Trustee Potocki-Absent Trustee Spira-Cohen-Nothing to report Village Administrator’s Report: Village Administrator Small wanted to report back regarding the request to the State regarding State parcels for parking. He said he did get a comment from the State Department of Transportation and their recommendation would be to submit a use and occupancy permit allowing the DOT to start the research and review evaluation at their regional office on whether or not to allow the Village to use those parcels. He said the next step would be engineering comments and approval by the DOT regional director and then it would move on to the main DOT office in Albany for final approval. Mayor Volpe suggested Mr. Small draft a letter for his signature to the appropriate State authorities on the land request. He said he’d like to to get a copy sent to Assemblywoman Paulin, Senator Biaggi and County Executive George Latimer. Mayor Volpe said as the State continues refurbishing the bridges in our community, there is land that is disrupted and will need redevelopment after that work is done. He thought it would be prudent to improve that park land with some park improvements and perhaps get some parking for the community in those areas. Page 3 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Mr. Small completed his report by saying he and Assistant Administrator Scelza had started the internal meetings with Department Heads to go over their 2019-2020 budget requests. Item # 7 – Public Comments John Cassone, Seventh Avenue, wanted to say to the Mayor and Board that he was extremely disappointed that none of the previous proposals that came in for redevelopment under the new zoning, took advantage of the sixth floor to make it senior housing. So, he was very happy to hear at the last meeting that one of the developers has changed his proposal to put in 80% senior housing. He said he had been fighting for and talking about it since before he was a senior citizen. He wanted to congratulate the Board on taking this step. Susan Mutti, Greenwich, Connecticut, was there on behalf of Friends of the Highbrook Highline, and wanted to remind the public that the Highline is 22% of Pelham's open space, about a third of the size of Wolfs Lane Park, and a very significant addition to the community. She wondered where the project stood with respect to the RFP for the fence. She stated her frustration that the process has gone on for as long as it has. She though that a fencing RFP was something that should take a fraction of that amount of time. Mayor Volpe said he was told that on Friday the new drawing will be ready and then it will go out soon thereafter. Ms. Mutti said it's important for her to review the text, because the first RFP didn’t include fence height or fence type, and you need those two items in order to get a successful bid. Mayor Volpe asked Administrator Small to send the text and the drawing to Ms. Mutti for review to get the RFP out. Nathan Pereira, 804 Colonial Avenue, Pelham Manor addressed the Mayor and Board as the Chairman of the Pelham Preservation and Garden Society. He said their organization has been watching the development in the Village closely, were involved in the BDFZ process a year ago, and the Pelham Preservation Board has prepared a statement which he read into the record. Statement of Pelham Preservation Society on Proposed High-Rises Pelham Preservation Society, Ltd. February 26 ,2019 VIA ELECTRONIC MAIL Mayor Michael Volpe and the Board of Trustees of the Village of Pelham Page 4 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Re: Preserving Pelham’s Character Dear Mayor and Board of Trustees Our organization is concerned by proposals that have been presented to the Board of Trustees for discussion which show developments that exceed historic building heights and that proper attention to the history of downtown Pelham has not been carefully considered, nor the lasting impact that these decisions have on our downtown cityscape. There are many new development proposals for our downtown that are in various stages of development (one nearly completed, one under construction, one approved for construction, two sites that have presented to your Board and most recently the projects for the municipal properties that are still merely proposals). We estimate that the cumulative occupancy of all these residential projects would increase the Village population by approximately 10% and add almost as many apartment units as currently exist in Pelham right now. This sudden maelstrom of developer interest may have been the result of your zoning changes of the last two years. One major change was the adoption of the Business District Floating Zone (BDFZ) which PPGS opposed for the various reasons we addressed at that time and that foreshadowed where we are now. The increased height and out of character architectural design of these apartment buildings are detrimental when there is no cohesive plan. The increased demand, in our opinion, is driven by the profit developers seek from the large building envelope afforded under the BDFZ. The financial upside is so enticing that instead of just facilitating development of long-vacant lots (that all of us wish to see filled in and suitably developed), we are now seeing proposals to tear down existing low-rise buildings containing thriving businesses in order to take advantage of what the BDFZ allows. Our issues and comments go to matters of scale, aesthetics and ultimately the question of whether these are the optimal developments for such sites and whether they will enhance the historic nature of the village and not detract from its history. Page 5 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Our organization has never been opposed to development, and everyone agrees we need projects that will ameliorate the eyesores of the vacant lots in town, but we first need to understand what it is that we have in Pelham and be sure we know that we can live with the results of making certain changes. Pelham is the oldest town in Westchester. People are driven to live here because they enjoy its uniqueness, the evocation of the past, and how much so much has not changed in the past century. We are preparing a dossier of historic photos of our downtown and a copy of these remarks for your edification and commit to you to use these photos when considering development decisions and as a reminder of the resilience of our downtown and what our organization is seeking to preserve. Pelham allows a lifestyle that is not found in too many places. Unfortunately, there is often a complete lack of awareness of the “ingredients” that have kept the character of Pelham the same for these past centuries. In our estimation there are three priorities that should drive your thoughts when reviewing a development proposal: scale, aesthetics and the type of development. 1. Scale: The first and most dramatic and welcoming feature when entering this village sandwiched between Mt. Vernon and New Rochelle (the latter has over 6,300 new apartments already approved to be built in new high-rise buildings in the next three years) is the low height of our buildings. While there are some 6-story buildings, there is not a continuous street-wall of buildings at that height with a two-lane street crushed between them. Instead Pelham has a rhythm, an ebb and flow of horizon lines from the taller buildings that align appropriately with the higher elevation of the railroad tracks in the heart of the business district, and then recede with a randomness as one moves out of town in any direction, revealing a variety of roof-lines and historic architectural styles, which make for a very pleasant humanly-scaled walking environment. The goal should be to respect that rhythm and context, otherwise the quaintness, charm, and the very ambience that drew us all to this part of Westchester will be lost. Page 6 Board of Trustees Regular Meeting Tuesday, February 26, 2019 New construction should neither exceed the established building heights (especially in their immediate vicinity), nor be designed in such a way to architecturally diminish the visual activity of the peaks and gables that relay the particular architectural styles that give Pelham both its uniqueness and express its very valuable history. (As you may know, Pelham has a downtown that is deemed eligible for historic designation.) Some of the new proposals seek to max out with the 6th floor (“bonus” floor) allowed under the recent BDFZ, and the contemporary designs indicate flat roofs that are above the gables and peaks of the older historic buildings. This essentially dwarfs the architecture that provides Pelham with its charm. These types of designs diminish Pelham’s history, and ultimately will result in a downtown that lacks any of the distinguishing characteristics which have set it apart from other towns in Westchester for centuries. This is not an objection to development, but a call to recognize that the standards of the BDFZ are inviting building envelopes that are out of character and scale and that we are left with scant means to prevent some very permanent negative outcomes. 2. Aesthetics: Pelham’s current buildings have a traditional, ordered architecture, and one would hope that well-designed new buildings would also present an ordered aesthetic that can be maintained for the long term. Unfortunately, balconies (for which there is no precedent on Fifth Avenue and which are shown on at least one project rendering) are one thing that cannot be ordered and controlled: individual occupants will choose variously to store bicycles, the gas grill they shouldn’t have, storage tubs of items for which there is no room in the apartment, perhaps a laundry rack, a display of plant holders and of course a variety of outdoor furniture. Such a building will never present the pleasing aesthetic of the older buildings we have where the architectural style is predominant – instead these artifacts on the balconies will determine the appearance. Additionally, future occupants may well decide to enclose their balconies, leaving us with a mix of mesh screening, plexiglass, real glass, jalousie windows, all in variations of wood, plastic and metal frames, mismatched in different colors – absolutely destroying any architectural cohesion. Page 7 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Regarding renderings, please know that any building presented by a developer on paper is always going to be presented in the finest light, at the most perfect angle, and never ever look as good in reality. We feel that many of these projects are proposed as a “maximized” solution under the BDFZ with little regard for the overall scale of the town, inconsistent with the aesthetics and patterns of the existing buildings, and in aggregate an irreversible event that will eradicate the charm that attracted so many of us to Pelham. Light, wind patterns and scale are all affected by a monolithic structure of six stories and must be carefully considered. 3. Types of development: Developers have emphasized “transit oriented” development and the Board has voiced concerns about limiting parking to focus on residents who choose to walk instead of drive. These are all great ideas that should be grounded in the history of Pelham. Pelham has succeeded in having large apartment complexes on Fifth Avenue near the train and it would be reasonable, and in line with past precedent, for similar, complimentary, development to be located near the train station as well. We have not heard much discussion of adding owner occupied housing other than the aforementioned townhouses near Lincoln. Pelham has remained vibrant because it has a proper mix of rentals and owner-occupied housing. It also allows for more consistency in the revenue that is derived by the Village and provides confidence that the developers have a vested interest in maintaining properties as opposed maximizing profits. Marbury Corners has lower cost owner-occupied units, and which in turn allows the homeowner to rent at a lower cost. It is a good model to be followed by the new developers coming before the Board. Developments which incorporate portions that are owner occupied as well as rental units (instead of 100% rental units) will allow Pelham to continue to be accessible to young professionals seeking an easy commute to New York City as well as retirees who would like to downsize yet still own their home. Conclusion: People have always been drawn to Pelham because it is Pelham, a town not a city, with street shops not franchisees, where people have ample opportunity to establish roots by buying a home or downsizing to a rental. This can only exist when there is a clear plan grounded in history. Piecemeal developments made without an overall comprehensive plan, which the BDFZ clearly lacks, will result in disordered and disjointed changes to occur in Pelham. If we forget to Page 8 Board of Trustees Regular Meeting Tuesday, February 26, 2019 look to and preserve our past, if we focus on the short instead of the long term, if we do not identify and respect the key features which uphold that special ambience that attracts us to Pelham, Pelham will easily cease to be Pelham and instead become just another city in America. We welcome any developer to contact us for more information and ideas on how to implement the above and we stand ready willing and able as volunteers and stewards to preserve Pelham’s history into the next 365 years. Respectfully submitted The Board of Directors of the Pelham Preservation and Garden Society By: Nathan P. Pereira, Esq., Chairman Page 9 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Non-Recurring Items Item # 8 – Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotion and appointment of Michael Sheehy of Pelham, NY to the position of Police Sergeant from Westchester County Civil Service Eligible List # 71-198, effective Tuesday, February 26, 2019 at an annual salary of $119,584.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Mayor, Village Administrator and Police Chief are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 8 – Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Ay No/Nay Abstain Absent e ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 10 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 9 - Presentation on a Proposed Mixed-Use Development at 163 Wolfs Lane David Cooper from the law firm Zarin & Steinmetz, 81 Main Street, White Plains, New York was there representing Concrete Ventures, the owner of 163 Wolfs Lane, seeking inclusion in the BDFZ to redevelop the former Citgo gas station with a multi-use building, ground floor retail as well as 28 residential units. He said they were there tonight seeking what will be a referral to the Planning Board and the ARB to begin the formal review process. He reminded the Board they were on the agenda earlier this month to go through the conceptual plans and they had submitted their application. He said the Village Consultant, Nanette Bourne of Sam Schwartz has reviewed the plans, given back some comments and his team reviewed the memo that has determined the application is substantially complete. He said there are some outstanding items that probably will be completed through the review process, but it was substantially complete. They were hoping with that determination, the formal process with the Planning Board and the ARB could begin. He said there was one note in the memo regarding the number of variances that would be required for this application. He thought there was what they believed was an error with respect to lot coverage. He said the proposal here is for 67.5% lot coverage and the maximum in the BDFZ is 80%. He said they were under the lot coverage and did not need a variance for lot coverage. He thought what Miss. Bourne was referring to is impervious surface coverage, which is at 84.4% in the proposal, but the BDFZ doesn't have an impervious surface coverage requirement. Mayor Volpe confirmed the BDFZ is 80% lot coverage. Mr. Cooper went on to say they did need a variance for the lot area per dwelling unit because of the sort of odd shape of the property. The requirement is 500 square feet per unit. Right now, they had 497.5 square feet per unit because the lot itself is just under 14,000 square feet. Mr. Cooper said what they would like to do is not hold up the referral over to the Planning Board so the Planning Board could clarify these two comments. Mayor Volpe submitted to the community that maybe we would be much better off having something there other than the old Citgo station vehicle repair shop. He said some may disagree with that but he thought it would be an improvement. Georgine Feldman, 15 Brookside Avenue, had specific concerns regarding the back of the building She said she didn't see the most recent plans, but when she saw previous plans it looked as if the structure came very far back almost within five feet of the residential property line because it looked like there was a staircase off the back of the building. Page 11 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Ray Beeler, 254 Ancon Avenue, architect for the project at 163 Wolfs Lane clarified there is a 10-foot set back not a five-foot set back and there was not a raised staircase. It was a sidewalk with steps providing egress. Item # 9A– Resolution to Refer a Proposed Development Project at 163 Wolfs Lane to the Planning Board and Architectural Review Board under the BDFZ Whereas a proposal for a potential project at 163 Wolfs Lane, by applicant Concrete Ventures LLC located in West Boston Post Road, Mamaroneck is proposing to put in a five story, 60 foot high, approximately 54,000 square foot mixed use development with 28 rental units, 1400 square feet of ground for retail and 35 structured parking spaces, 28 for the residential and 7 for retail uses. Be it resolved the Board of Trustees resolves that the proposed development project at 163 Fifth Avenue be referred to the Planning Board and the Architectural Review Board under the BDFZ. Item # 9A– Resolution to Refer a Proposed Development Project at 163 Wolfs Lane to the Planning Board and Architectural Review Board under the BDFZ Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Ay No/Nay Abstain Absent e ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen Motion ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Be it resolved the Board of Trustees resolves to declare themselves lead agency under SEQRA with respect to this application for the proposed development project at 163 Wolfs Lane. Item # 9A– Resolution to Declare the Board Lead Agency with respect to a Proposed Development Project at 163 Wolfs Lane Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Ay No/Nay Abstain Absent e ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- 2nd ☒ ☐ ☐ ☐ Cohen Page 12 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 10 – Discussion on Request for Proposals Responses (Municipal Facilities) Mayor Volpe said a chart was sent to the Board outlining where we stand with regard to each of the four RFP responses that still want to be considered. He said he, Trustee Mullen and Trustee Ferrara have been talking and going over this with the developers, Miss. Bourne and council as necessary. He said the Board was not going make a decision tonight but would continue these discussions with the subcommittee, and maybe come back in March on where we are with each of them. Some of them may drop out with some of the financial conditions, in terms of some of the guarantees we wanted as to what the community would get He said the Board is trying to figure out the most beneficial response to the community from all these different perspectives, impact the number of units will have on the community, number of parking spots, impact any loss of parking will have on the community, whether or not they're agreeing or not agreeing to rebuild some of the municipal infrastructure, namely, the fire house and the parking garages. Deputy Mayor Kagan added he thought what has been interesting is that design-wise, there is some flexibility, especially for the municipal space, whatever that might be. He thought everyone is open to the Capital One site as an option which would make it a little bit more complicated. He said what they had been trying to do is get the best value for the sale of the land, as well as, get the best mix of units. He said they were pushing the potential developers on that front and everyone was responding pretty well to it. He said it might be smart to reach out with a firm deadline, as to any additional responses that they might want to submit. Mayor Volpe said it should be the 5th or the 6th of March and that gives us a week to look at them and consider whether we can make a decision on the 12th, and place it on the agenda for the meeting on the 12th of March. Deputy Mayor Kagan wanted to clarify to the public, we're not making a decision about the design or the site plan. He said right now, the developers are competing for the Village's business and we're trying to get to a point where we can choose which one is closest to a good deal for the Village that we can and then, spend the next 60 days really inking the deal. He said here will be even additional movement after that point. Nathan Pereira, 804 Colonial Avenue, Pelham Manor asked, when the March 5th deadline expires, the proposals that are on the website be updated, in case any public would like to come to the next meeting and give their thoughts on these four developments. He said this is the biggest thing that's going to happen in this Town in a long time and if the Board cares to have public comment, the public should have, at least, a week to review these documents. Mayor Volpe said that is a good point. He clarified if the Board were to choose someone on the 12th of March, that didn't mean they were the builder. He said what it meant is they were choosing to negotiate a term sheet with them. He said if the term sheet worked out favorably for the community Page 13 Board of Trustees Regular Meeting Tuesday, February 26, 2019 there would then be changes during the process of planning and architectural review, and at that point community review. He said there should be a couple of open hearings on that topic, for the issues that could be and need to be addressed. He agreed this would be one of the biggest things that's ever happened in Pelham’s history. That's why it's right. If we don't do something, PPGs and others may. You made an interesting comment. You said, I wrote it down. "We've never been opposed to development." I guess you want a particular type of development. If we don't do something for the firehouse and these parking garages soon, we're going to be spending more money on those in capital costs each year than on any other item. Mr. Pereira said he clearly understood and just thought having a community involvement earlier in the process would make it more efficient. He understood between the four developers, there were different styles and before the Board chose a developer, that the community should have the opportunity to have some input on the choice of developer and then, continue after the developer has been chosen. Deputy Mayor Kagan wanted to clarify that he thought it would quickly become unproductive if we started a debate about the design of the building, based on a concept for the building. He said once we get through to the end of the negotiation for the term sheet, that is when the building actually gets designed, based on what we can do. Mayor Volpe said they have tried to keep a running chart because the developers are very different. He said if anyone had any questions, as always, feel free to call. Village of Pelham – Updated RFP Project Comparison Chart1 (02-26-19) Project Responses to RFP Features Collins Enterprises JMF Properties Pelham House, LLC LH Group Northern Site Lots 19, 23 & Northern Site Lots 19, 23 & 24 Northern Site Lot 19, 23 & Northern Site 24 140 units (10% affordable) 24 Lot 19, 23 & 120 units (5% affordable) Studio – 4 units 109 units (5% affordable) 24 Studio - 3 1BR – 64 units Studio -13 units 115 units (5% Residen 1BR – 70 2BR – 64 units 1BR – 57 affordable) tial 2 BR – 39 2+ – 8 units 2Br – 35 Studios – 6 Units 3 BR – 8 3BR – 4 units Southern Site – Lots 70, 71 & 2 1BR – 60 units Southern Site – Lots 70, 71 None Southern Site–Lots 70, 71 & 2BR – 51 units &2 2 2+ BR – 3 units 24 units 10 units 1 Data based on most recent submission to Village as of 1-21-18. Page 14 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Project Responses to RFP Features Collins Enterprises JMF Properties Pelham House, LLC LH Group 1BR – 18 Studio – 1 Southern Site 2BR – 6 1BR – 2 – Lots 70, 71 & 2BR - 7 2 20 units Northern Site Northern Site Northern Site Northern Site 7,650 sf retail 2,400 sf of retail 3,000 sf retail 5,700 – 7,500 Commer 1,440 sf gallery sf of retail cial Southern Site – 4,300 sf Southern Site – None Southern Site – None Space Southern Site – office/comm bldg Northern Site Northern Site Northern Site Northern Site 180 enclosed spaces 216 spaces on 2 decks 224 spaces 270 spaces 10 surface spaces (140 for du’s; 76 municipal) (105 for du’s; 119 152 – res municipal) 118 -muni Southern Site Southern Site Southern Site 226 – 230 Spaces 251 spaces on 4 levels Southern Site = 71 - Surface 10 spaces for du’s 100 space Parking - 212 spaces per 2 decks Assist with grant deck Total parking – 538 - 14 surface Municipal - 398 Total municipal - 173 Total parking - 416 Total municipal – 118 Northern Site Northern Site Northern Site Northern Site (-) 48 parking spaces (-) 162 spaces (-) 14 parking spaces (+48) parking Southern Site Southern Site Southern Site spaces Net (+) 226 spaces (+) 247 total spaces 75+10 spaces Parking Net Net (+) 178 Net Net (+)85 Net TBD Net (+) 103 Net (+) 85 spaces on Southern site Net TBD Northern Site Northern Site Northern Site Northern Site Reconstructed None New 7,543 sf FH (n None - FD (7,300 – 8,000 sf) edge/fronting on 4th Ave) New/Recon 6,977 sf PD & - VH (3,100 -4,000 sf) VH (5th Ave) Municip - PD (2,600- 2,700 sf) al Facilitie Street Art Fair on 3rd St Southern Site s Sr housing possibility Southern Site Southern Site None Village Hall (6,000 sf) None Southern Site Fire Dpt/ Police Station (12,000 sf) Acquisition of Commuter Parking & DPW -TBD n/f Cap One 5,076 sf Relocated DPW Site For: 8-10,000 Page 15 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Project Responses to RFP Features Collins Enterprises JMF Properties Pelham House, LLC LH Group sf FH + VH/PD Integrat Potential exists Potential exists None Proposed None e w/ Proposed 101 Wolfs Sustaina TBD during site plan review Well Living LEED Gold; Greenspot Hub TBD bility Financials Northern Site Both Sites Both Sites Both Sites $58.5 million $43.65 million $54 million $41.39 million Develop IRR Southern Site IRR ment 5.94% $10.9 million 6.66% Costs Notes: IDA & and Notes: Cost includes site Note: Village responsible for land PILOT possible; Returns acquisition; muni improvements remediation costs. Developer design, capitalized from proceeds by construct, finance Collins for n/s sites + public N/S parking decks. funding; will seek IDA benefits Total Taxes Village Taxes Village Taxes Total Taxes - $1.2-1.5 million $433,276 in Year 1 $318,750 TBD Total Taxes Deposit - $200k initial Escrow/Application Fees $1.25 million Tax $500k – upon site plan $135,000 Revenue approval Building Permit Fee: & Other + Master Plan costs Building Permit: $280,000 $280,000 Payments Cash Payment Permits/Fees/B to Village $800,000 ($400K escrow onding deposit; $100K at site plan $950,000 approval; $300K at construction loan closing) Deposit - TBD Northern Site Both Sites Both Sites $5-7 million $8.425 million $8.95 million Land Valuation Southern Site $1-1.4 million Both Sites Both Sites Both Sites Both Sites $7 million (excludes temp $4.41 million (for $8.425 mill (prev offer $7.5) $8.95 million shoring, traffic infra, etc) ‘land/parking/municipal complex’) - $4.0 m – FH, PD & VH Land - $3.57 m – 119 muni Acquisition Offer parking - $800k – mp + const mgr tbd Page 16 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Existing Conditions Tax Lots: Northern Site – Lots 19, 23 & 24 - 1.21 ac Southern Site – Lots 70, 71 & 2 - 1.62 ac n/f Capital One Bank Parking: Northern Site - +/- 200 space municipal parking structure on 2 decks 28 space metered surface lot 10- space municipal surface lot TOTAL - 238 spaces Southern Site - +/- 65 municipal spaces 10 Village staff spaces TOTAL – 75 spaces Total Municipal Parking – 313 spaces (estimate) Page 17 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 11 – Authorizing the Appointment of a Secretary to the Village Administrator Resolution Authorizing the Appointment of a Secretary/Assistant to the Village Administrator Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Cara Farrell of Rochester, NY to the position of Secretary to the Village Administrator, effective Monday, March 4, 2019 at an annual salary of $59,000.00 subject to the requirements of Westchester County Civil Service, for a probationary period of one (1) year; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this appointment. Vote Record - Item # 11 – Resolution Authorizing the Appointment of a Secretary to the Village Administrator Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Na Abstain Absent y ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen Motion ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 18 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 12 – Authorizing Salary Adjustment for a Police Officer Resolution Authorizing Salary Adjustment for a Police Officer Whereas, Philip Bellantoni (“Employee”) was formally a Police Officer with the Port Authority of New York and New Jersey Police Department (“Port Authority”) prior to being hired by the Village of Pelham on January 7, 2019; and Whereas, the Employee graduated from the Port Authority Police Academy in New Jersey in August 2014; and Whereas, the Village of Pelham is required to send all new Police Officer Recruits to the Westchester County Police Academy; and Whereas, the Employee was removed from the Westchester County Police Academy because the training he had received with the Port Authority meets the New York State Department of Criminal Justice Services Municipal Police Training Council Standards; and Whereas, Police Chief Pallett via memorandum dated February 13, 2019 is requesting a salary adjustment from Recruit to Police Officer 5th Grade retroactive to January 14, 2019. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby adjusts the Employees salary to $67,903.00 (Police Officer 5th Grade) retroactive to January 14, 2019 upon the recommendation of the Police Chief per the attached memorandum. Vote Record - Item # 12 – Resolution Authorizing Salary Adjustment for a Police Officer Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen Motion ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- 2nd ☒ ☐ ☐ ☐ Cohen Page 19 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 13 – Authorizing the Use of Street Trees in the Village Right-of-Way for the National Alliance on Mental Health Ribbon Campaign Resolution Authorizing the Use of Street Trees in the Village Right-of-Way for the National Alliance on Mental Health Ribbon Campaign Whereas, the National Alliance on Mental Health (“NAMI”) desires to use street trees in the Village of Pelham for their ribbon campaign in May 2019; and Whereas, the Village Board of Trustees desires to assist NAMI in their campaign with the use of street trees within the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes NAMI to place a maximum of fifty (50) ribbons on street trees along Fifth Avenue and Wolfs Lane effective May 1, 2019 for thirty (30) days and to be removed by NAMI shortly thereafter. Vote Record - Item # 13 – Resolution Authorizing the Use of Street Trees in the Village Right-of- Way for the National Alliance on Mental Health Ribbon Campaign Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Ay No/Nay Abstain Absent e ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Page 20 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 14 – Authorizing the Renewal of an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services Resolution Authorizing the Renewal of an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services Whereas, the Village of Pelham, Village of Pelham Manor and the City of New Rochelle are desirous of renewing an Inter-Municipal Agreement to publicly bid and award a contract for implementing a street pavement resurfacing contract, utilizing CHIPS funding, for various public roadways in each of the communities. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the Renewal of an Inter-Municipal Agreement with the City of New Rochelle for street resurfacing and engineering services (attached hereto and made a part hereof); and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect this resolution. Vote Record - Item # 14 – Resolution Authorizing the Renewal of an Inter-Municipal Agreement with the City of New Rochelle for Street Resurfacing and Engineering Services Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- 2nd ☒ ☐ ☐ ☐ Cohen Page 21 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 15 – Granting an Extension of Site Plan Approval for 101 Wolfs Lane Resolution Granting an Extension of Site Plan Approval for 101 Wolfs Lane Whereas, on October 23, 2018 the Village of Pelham Board of Trustees granted Site Plan Approval to MatriArch Development (the “Applicant”) for a proposed Transit Oriented Development project at 101 Wolfs Lane (the “Property”); and Whereas, said Site Plan approval is set to expire if the Applicant fails to obtain a building permit within 120 days of the approval resolution, unless the Village Board of Trustees extends, by resolution, the time within which to do so; and Whereas, the Village Board of Trustees is authorized, pursuant to §79-7 of the Pelham Village Code, to extend the validity of the Site Plan Approval by not more than two consecutive 120-day periods from the date of the original approval; and Whereas, on January 29, 2019, the Village Board of Trustees received a request from the Applicant for its first 120-day extension of the time in which they must obtain a building permit and good cause being shown in the letter dated January 29th, 2019 based on the representations made by council, Seth Mandelbaum; and Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby grants a 120-day extension of the Site Plan Approval, such that the Applicant must now obtain a building permit by no later than June 23, 2019. Vote Record - Item # 15 – Resolution Granting an Extension of Site Plan Approval for 101 Wolfs Lane Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Page 22 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Mayor Volpe wanted to be clear with the public and the applicant. He said there was some confusion, as there is with a lot of the current development activity. He said some people think all these projects are approved and there was some confusion the Board was doing something tonight that would change the site plan approval. He said the 101 Wolfs Lane site plan approval includes certain conditions precedent that this applicant must meet with our Architectural Review Board. He clarified that those still stand; the applicant understands that, their counsel has affirmed that, and they need to meet those conditions precedent before they get the building permit. Page 23 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 16 – Authorizing Engagement Agreement with O’Toole & O’Toole, PLLC. Resolution Authorizing Engagement with O’Toole & O’Toole, PLLC. Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the attached Engagement and Fee Agreement between the Village of Pelham and O’Toole and O’Toole, PLLC., to provide legal services in connection with pending Bankruptcy Case 19-22260 re: Waste Services, Inc.; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution. Vote Record - Item # 16 – Resolution Authorizing Engagement Agreement with O’Toole and O’Toole, PLLC. Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- 2nd ☒ ☐ ☐ ☐ Cohen Page 24 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 17 – Other Business Trustee Kagan asked about an update on the parking vendor selection and if we have all the information we were waiting for regarding our current vendor Complus. Mr. Small said we don't have all the information we were waiting for. He said they had met with Complus last week and they were going to provide the Village numbers this week. He said we did ensure that we could go from month-to-month and also, have that window of time for notification to terminate. He said that Complus says that they have new programs and new products, but he wanted to be able to look at the numbers they come up with. Trustee Kagan asked Mr. Small when you have the information you're expecting from Complus, would you do me a courtesy of going back to all the vendors and saying, "We would like last, best, and final” from all of them, and we're going to make our decision hopefully at the next meeting. Page 25 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Recurring Items Item # 18 - Authorizing the Accounts Payable Trustee Potocki audited the Accounts Payable. 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 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 and Village Treasurer: Fund Name: Amount General Fund $236,501.28 Capital Projects Fund $0.00 Trust and Agency Fund $5,172.50 TE Private Purpose Trust Fund $0.00 Grand Total $241,673.78 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record - Item # 18 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen 2nd ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Page 26 Board of Trustees Regular Meeting Tuesday, February 26, 2019 Item # 19 – Authorizing the Minutes of: November 13, 2018 and November 27, 2018 Vote Record - Item # 19 – Resolution Authorizing the Minutes of November 13, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara ☒ ☐ ☐ ☐ Amended Trustee Kagan 2nd ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☐ ☐ ☒ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen Motion ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- ☐ ☐ ☒ ☐ Cohen Vote Record - Item # 19 – Resolution Authorizing the Minutes of November 27, 2018 Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Volpe ☒ ☐ ☐ ☐ ☒Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- Motion ☒ ☐ ☐ ☐ Cohen Item # 20 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 9:12 pm to enter into Executive Session to discuss a personnel matter and labor relations implications with one of our Department Heads concerning the Department of Public Works after which time the Board would adjourn for the evening. Vote Record - Item # 20 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, February 26, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Volpe ☒ ☐ ☐ ☐ ☐Approved as Trustee Ferrara 2nd ☒ ☐ ☐ ☐ Amended Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kamal ☒ ☐ ☐ ☐ ☐Withdrawn Eldahry ☐Discussed Trustee Mullen ☒ ☐ ☐ ☐ Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira- ☒ ☐ ☐ ☐ Cohen Respectfully submitted, Terri Rouke, Village Clerk Page 27