Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, SEPTEMBER 24, 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. Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Issuing a Negative Declaration and Adopting Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code (Site Plan Approval) Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham 9. Resolution Approving Site Plan for 139 Fifth Avenue in Accordance with § 98-106.3 of the Pelham Village Code 10. Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 163 Wolfs Avenue (Continuation from 8/13/19 and 9/10/19) 11. Resolution Awarding Cyber Liability Insurance 12. Resolution Authorizing Tax Certiorari Settlement and Payment for Acquisition America, LLC at 21 Fifth Avenue 13. Resolution Adopting the 2019 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2020 Property Tax Levy 14. Resolution Authorizing Service Agreement for an Emergency Community Notification System with NIXLE Communications System 15. Other Business – Discussion on October Meeting Date Change Recurring Items 16. Authorizing Budget Amendments and Transfers for Fiscal Year 2019-20 17. Authorizing Accounts Payable 18. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, October 8, 2019 Tuesday, October 22, 2019 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 1 – Meeting called to order: Mayor Mullen called the meeting to order at 7:30PM. Item # 2 – Pledge of Allegiance: Mayor Mullen led the Pledge of Allegiance. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Trustee Carpenter ☒ ☐ ☐ Trustee Hill-Ries ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry ☒ ☐ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Trustees’ Report: Trustee Carpenter announced the Village’s Fire Department being awarded up to $440,054 in federal funding. This money is allocated through the Department of Homeland Security's Federal Emergency and Management Agency’s Staffing for Adequate Fire and Emergency Response (SAFER). Trustee Hill-Ries had nothing to report. Trustee Kagan congratulated a Pelham Police Officer on retirement and noted the upcoming Coffee with a Cop on October 2nd. Trustee Kamal Eldahry had nothing to report. Trustee Potocki responded to complaints at the last Board of Trustees Regular Meeting regarding rodent infestation at and around 101 Wolfs Lane by saying notices were sent. He also said the pavers and fence at the Young Avenue Field are being installed. Trustee Spira-Cohen mentioned the platinum level, AAA Community Traffic Safety Award received by the Pelham Police Department. She also noted a conversation regarding banners on the bridge over Fifth Avenue with the MTA. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Village Administrator’s Report: Mr. Small shared the approval from the EPA of our scope change for the Sanitary Sewer Evaluation Study. He said the statement of work has been signed from Passport Parking. Mr. Small said about 25 homeowners signed a letter that was sent to the Glenwood Lake Association requesting assistance with flood prevention. Additionally, the new deputy treasurer begins on Monday, September 30 th and the current bookkeeper’s last day is Thursday, September 26th. Mayor’s Report Mayor Mullen thanked Deputy Mayor Kagan and Trustee Carpenter for their thoughtful presentation and research of the WXY Study. He also noted a compliment of the Building Department in relation to a resident on Third Avenue. Mayor Mullen also mentioned why resolutions regarding 139 Fifth Avenue were being tabled including a sanitary sewer study that's not yet complete. Mayor Mullen also said the next Board of Trustee’s Regular Meeting will likely move from Tuesday, October 8 to Thursday, October 10. Finally, he added an update referencing negotiations and communications with Pelham House. The attorneys are hashing out the finer details and the Pelham House team is compiling a presentation for the board and the public. The second piece is for our owner's rep to do some high-level analysis of our facilities as they exist right now. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 7 – Public Comments Amanda Jaskiewicz of 264 Eastland Avenue appreciated the WXY report and shared her concerns about the impact of adding all of those kids to the schools today. Marilyn Zelinski of 60 First Street asked for clarification about 101 Wolfs Lane. Mayor Mullen said they have site plan approval with contingencies that have not yet been addressed. Next, they need the approval of the Architectural Review Board (ARB) provided those certain contingencies are met. Ms. Zelinkski asked how the public was given the opportunity for input when final plans don’t exist. Mayor Mullen noted the multiple public hearings months prior. Trustee Carpenter said he was on the Planning Board at the time this project was aiming for site plan approval and he wonders how the ARB could grant approval to a site plan without further board action. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Non-Recurring Items Item # 8 – Resolution Issuing a Negative Declaration and Adopting Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code (Site Plan Approval) Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham Resolution Issuing a Negative Declaration and Adopting Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code (Site Plan Approval) Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham Whereas, on July 16, 2019, Proposed Local Law 4 of 2019, proposing the adoption of a fair, rational and consistent method by which the Board of Trustees can assess increased demand on Village infrastructure attributable to new development, and requiring each approved development to contribute a fair share of the Village’s infrastructure costs attributable to the impact of the development, was introduced before the Board of Trustees; and Whereas, the action will provide a method by which improvements to Village infrastructure to support new development can be cooperatively shared by the public and private sectors; enable developers to proceed by making fair share contributions towards the cost of Village infrastructure; ensure adequate infrastructure will be available for future growth; and coordinate the use of public funds to maintain infrastructure and serve future growth; and Whereas, the Board of Trustees considered Proposed Public Law 4 of 2019 during their July 16, 2019 meeting; and Whereas, on August 13, 2019 and September 10, 2019, the Board of Trustees held a public hearing with respect to the proposed local law; and Whereas, upon review of the proposed action, the Board of Trustees determined that the proposed action is subject to the requirements of the New York State Environmental Quality Review Act (“SEQRA”) and in response, a Short Environmental Assessment Form (“SEAF”) Part 1, Part 2 and Part 3, was prepared; Whereas, the Board of Trustees reviewed the SEAF and determined the following: 1. The proposed action is an Unlisted Action under SEQRA; and 2. The proposed action is not located in an agricultural district. Whereas, the Board of Trustees is the lead agency under SEQRA with respect to adoption of Proposed Local Law 4 of 2019 because there are no other involved agencies; and Whereas, the Board of Trustees has taken a hard look at all of the potential environmental impacts of the project, Now, therefore be it resolved, that the Village Board of Trustees: Board of Trustees Regular Meeting Tuesday, September 24, 2019 1. The Board of Trustees, as lead agency under SEQRA, determines that the proposed action will not result in any significant adverse environmental impacts and therefore issues a negative declaration pursuant to SEQRA; and 2. Proposed Local Law 4 of 2019 is adopted. Vote Record - Item #8 – Resolution Issuing a Negative Declaration and Adopting Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code (Site Plan Approval) Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 9 - Resolution Approving Site Plan for 139 Fifth Avenue in Accordance with § 98-106.3 of the Pelham Village Code Resolution approving site plan for 139 Fifth Avenue in accordance with Section 98-106.3 of the Code of the Village of Pelham Whereas, the Board of Trustees has found and determined that encouraging property owners to develop mixed-use commercial, office, retail and housing projects within the Village’s downtown core, particularly those involving dedicated senior housing, will activate Village street life, enhance walkability, promote the Village’s culture, enhance the real property tax base, and better utilize existing public services; that there are opportunities within the Village’s downtown core to use vacant and underutilized property more efficiently to reinvigorate the Village's downtown area; that creating incentives for higher density development within the Village’s downtown core will be more cost-effective because it will use infrastructure that already exists and thereby avoid the need to create additional costly infrastructure; and that those incentives will allow for development within the Village’s downtown core that will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses; and Whereas, in the furtherance of these purposes the Board of Trustees created the Business District Floating Zone by adopting Village Code § 98-106.3; and Whereas, Village Code § 98-106.3 authorizes the Board of Trustees to permit and grant site plan approval for proposed developments that comply with Village Code § 98-106.3 and meet the requirements it establishes for the Business District Floating Zone; and Whereas, Pelham RE Partners, LLC has applied to develop the property known as 139 Fifth Avenue (the “139 Fifth Avenue property”) in accordance with those requirements and standards; and Whereas, Pelham RE Partners, LLC has represented to the Board of Trustees that it is the lawful contract vendee of the 139 Fifth Avenue property; and Whereas, in furtherance of its application, Pelham RE Partners, LLC has submitted to the Building Inspector a declaration of intent to develop accompanied by the requisite documents, information and fees; and Whereas, Pelham RE Partners, LLC has further submitted a formal and complete site plan application prepared by Gallin Beeler Design Studio, dated 3-08-19 and last revised 6-07-19, satisfying the requirements of Village Code Chapter 79, showing a proposed development and use of the 139 Fifth Avenue property; and Whereas, Pelham RE Partners, LLC proposes to create a mixed-use development with 28 units consisting of 15 1-bedroom units, 10 2-bedroom units, and 3 2.5- bedroom units, plus 1,400 square feet of ground floor commercial space and non-rentable ground floor space for a community use; and Board of Trustees Regular Meeting Tuesday, September 24, 2019 Whereas, the 139 Fifth Avenue property consists of two tax parcels, Parcel 163.36.89, which fronts on Fifth Avenue and is zoned Business-1, and 163.36.71 which fronts on Fourth Avenue and is zoned Residential M-1. Both parcels are located in the BDFZ; and Whereas, Pelham RE Partners, LLC requests site development approval pursuant to Village Code §98-106.3 and the Business District Floating Zone (BDFZ); and Whereas, Pelham RE Partners, LLC has submitted the following documents and plans in support of the application: • Supplementary Submission to the Village Board of Trustees for the proposed BDFZ Mixed-Use Redevelopment, 139 Fifth Avenue, prepared by Gallin Beeler Design Studio, dated 7-31-19; • Correspondence from Gallin Beeler Design Studio re: Updated Summary of changes Made Throughout the Planning Board and ARB Referral Process, dated 8-6-19; • Traffic Impact Study, Provident Design Engineering, PLLC dated 2-07-19 and last revised 6-10- 19; • 139 Fifth Avenue, Pelham School Impact Study, prepared by Cleary Consulting, dated 5-13-19; • Correspondence from Catizone Engineering, P.C., Re: Status of Site Civil Engineering for 139 Fifth Avenue, dated 5-13-19; • Zoning Analysis and Area Map, A01, prepared by GB ds, dated 3-08-19 and last revised 8-07- 19; • Area Map, A02, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Context Views, A03, prepared by GB ds, dated 3-08-19 and last revised 8-07-19; • Existing Survey, A04, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Existing and Demo Site Plan, A05, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Site Plan, A06, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Topography Study, A07, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Garbage Pickup Diagram, A08, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Construction Staging, A09, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Rendering, A10, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Solar Study – Proposed Building 10am-4pm, A10a, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar – Proposed Building Summer, A10b, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar – Proposed Building Fall, A10c, prepared by GB ds dated 3-08-19 and last revised 6-07- 19; • Solar – Proposed Building Winter, A10d, prepared by GB ds dated 3-08-19 and last revised 6- 07-19; • Proposed Rendering, A11, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Rendering, A12, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Rendering, A13, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Rendering, A14, prepared by GB ds dated 3-08-19 and last revised 8-07-19; Board of Trustees Regular Meeting Tuesday, September 24, 2019 • Solar Study – 4 story Building Spring, A11a, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar Study – 4 story Building Summer, A11b, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar Study – 4 story Building Fall, A11c, prepared by GB ds dated 3-08-19 and last revised 6- 07-19; • Solar Study – 4 story Building Winter, A11d, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar Study – Existing Building Spring, A12a, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar Study – Existing Building Summer, A12b, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Solar Study – Existing Building Fall, A12c, prepared by GB ds dated 3-08-19 and last revised 6- 07-19; • Solar Study – Existing Building Winter, A12d, prepared by GB ds dated 3-08-19 and last revised 6-07-19; • Basement Plan, A15, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • 1st Floor Plan, A16.1, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • 1st Floor Plan, A16.2, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • 2nd- 4th Floor Plan, A17, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • 5th Floor Plan, A18, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Roof Plan, A19, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Elevations, A20, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Elevation, A21, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Building Section, A22, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Enlarged Elevations and Details, A23, prepared by GB ds dated 3-08-19 and last revised 8-07- 19; • Walkway Plan, RCP & View, A24, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Walkway Elevations, A25, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Proposed Rendering, A30a, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Solar – Proposed Building, A30b, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Solar – Proposed Building Fall, A30c, prepared by GB dated 3-08-19 and last revised 8-07-19; • Solar – Proposed Building Winter, A30d, prepared by GB dated 3-08-and last revised 8-07-19; • Solar – 4 Story Building Spring, A31a, prepared by GB ds dated 3-08-19 and last revised 8-07- 19; • Solar – 4 Story Building Summer, A31b, prepared by GB ds dated 3-08-19 and last revised 8- 07-19; • Solar – 4 Story Building Fall, A31c, prepared by GB ds dated 3-08-19 and last revised 8-07-0- 19; • Solar – 4 Story Building Winter, A31d, prepared by GB ds dated 3-08-19 and last revised 8-07- 19; Board of Trustees Regular Meeting Tuesday, September 24, 2019 • Solar - Existing Building Spring, A31a, prepared by GB ds dated 3-08-19 and last revised 8-07- 19; • Solar – Existing Building, A32a, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Solar – Existing Building Summer, A32b, Solar Existing Building Summer, dated 3-08-19 and last revised 8-07-19; • Solar – Existing Building Fall, A32c, prepared by GB ds dated 3-08-19 and last revised 8-07- 19; • Solar – Existing Building Winter, A32d, prepared by GB ds dated 3-08-19 and last revised 8-07- 19; • Cover, SD-101 prepared by GB ds dated 4-12-19; • Grading and Utility, SD-201, prepared by Catizone Engineering for GB ds, dated 4-12-19; • Erosion & Sediment Control Plans, SD-202, prepared by Catizone Engineering for GB ds, dated 4-12-19; • Details, SD-401, prepared by Catizone Engineering for GB ds, dated 4-12-19; • Details, SD-402, prepared by Catizone Engineering for GB ds, dated 4-12-19; • Planting Plan & Details, L-1, prepared by IQ Landscape Architects, dated 3-08-19 and last revised 8-07-19. Whereas, subsequent to a meeting with the Board of Trustees in July 2019, the applicant made the following modifications to the plan: • At the request of the ARB, street trees (along Fifth Avenue) were added to the Landscape drawing; • At the request of the Planning Board, the Landscape drawing was updated per architectural plan changes; • At the request of the ARB and Planning Board, design details of the exterior walkway connecting Fifth Avenue with the rear parking lot were added to the plans; • At the request of the Village Fire Chief, the south stair was extended to the 5 th floor roof; • At the request of the Planning Board, full cut-off fixtures and their specifications were added to the site plans; • At the request of the Planning Board, screening of the solar panels was added to the site plans. Whereas, Pelham RE Partners, LLC provided notice of its application to all property owners contiguous to the Applicant’s property as required; and Whereas, Pelham RE Partners duly provided notice to the County of Westchester Planning Board as required by General Municipal Law §§ 239-m, 239-n and 239-nn and Westchester County Administrative Code §§ 277.61 and 277.71; and Whereas, the Board of Trustees determined that Code of the Village of Pelham § 98-106.3(C) requires that the proposed action be referred to the Village of Pelham Planning Board and Architectural Review Board and Such referral was made on February 12, 2019; and Board of Trustees Regular Meeting Tuesday, September 24, 2019 Whereas, the applicant subsequently submitted the application to the Planning Board and Architectural Review Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Whereas, Pelham RE Partners LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Architectural Board of Review conducted a detailed review of the application on 3-20- 19, 4-23-19, 5-22-19, and 7-11-19 and submitted to the Board of Trustees on 7-11-19 a resolution recommending approval subject to the following conditions a. The architect shall submit design drawings of the exterior walkway, which connects the parking to the sidewalk (included in the revised plan submission, “L1 Landscape Plan 8-07-19, prepared by IQ Landscape Architects”). b. The applicant shall plant sidewalk trees and consult with DPW for underground utility coordination (included in the revised plan submission, “L1 Landscape Plan 8-07-19, prepared by IQ Landscape Architects”). c. The plans shown on A05 show 2 trees and these trees shall also be shown on the landscape drawings (included in the revised plan submission, “L1 Landscape Plan 8-07-19, prepared by IQ Landscape Architects”). Whereas, the Planning Board conducted a detailed review of the application on 3-19-19, 4-22-19, 5- 20-19 and 6-18-19, and submitted to the Board of Trustees on 6-18-19 a resolution recommending approval with conditions; and Whereas, after due notice the Board of Trustees opened a public hearing with respect to the application on August 13, 2019 and Whereas, the Board of Trustees thereafter continued the public hearing with respect to the application on September 10, 2019; and Whereas, the Board of Trustees closed the public hearing with respect to the application on September 10, 2019; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on March 12, 2019, the Board of Trustees received a full environmental assessment form (EAF), declared itself to be lead agency and identified the proposed action as an unlisted action; and Whereas, the Board of Trustees (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 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, Board of Trustees Regular Meeting Tuesday, September 24, 2019 Now, therefore, be it resolved, that 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 comments 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 property satisfies the requirements for consideration under Village Code § 98-106.3 Business District Floating Zone and the standards for site plan review established by Village Code § 79-5; and C. The application of Pelham RE Partners, LLC for site plan approval for the project known as 139 Fifth Avenue is approved, subject to the following conditions: 1. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, prepare a Sanitary Sewer Analysis of the capacity and condition of the sewer main within the block in front of the site - along Fifth Avenue. The applicant shall submit the Sanitary Sewer Analysis to the Village’s Board of Trustees, which will review the conclusions reached within the study and determine what, if any, fair share contribution shall be made to the Village in accordance with the provisions of Local Law 4 of 2019 of the Village of Pelham (“Local Law 4”) towards ensuring adequate sewer capacity to serve the site. 2. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, prepare a Final Stormwater Pollution Plan. The applicant shall submit the Final Stormwater Pollution Plan to the Village’s Board of Trustees, which will review the conclusions reached within the study and determine what, if any, fair share contribution shall be made to the Village, in accordance with the provisions of Local Law 4 towards ensuring adequate stormwater infrastructure to serve the site. The study should include soils testing to determine the percolation rates so that the most efficient subsurface detention system can be designed. 3. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, provide the Village a fair share contribution for traffic and pedestrian safety improvements based on the Traffic Study prepared by the applicant, in accordance with the provisions of Local Law 4. The applicant shall make the following modifications to the site plan as a condition of site plan approval: a. Provide at least ½ walls for the dens in the larger 2.5-bedroom units to reduce the likelihood that the dens could be used as a bedroom; b. Provide details for the Fifth Avenue to Fourth Avenue pass-through including lighting, signage, wayfinding, etc. to ensure that it is perceived as safe and attractive to potential users; and c. Provide details concerning the design and operation of the garbage enclosure in context with parking space #28, bike racks, and the pedestrian pass-through. 5. This site plan approval is binding upon the applicant, the property owner and any subsequent owner of the property. The site plan may not be changed without the approval of the Board of Board of Trustees Regular Meeting Tuesday, September 24, 2019 Trustees of the Village of Pelham. If any term of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. 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 120 days of this resolution; and Be it further resolved, that this site plan approval shall be null and void if the applicant does not commence construction within six months of this resolution. Vote Record - Item # 9 – Resolution Approving Site Plan for 139 Fifth Avenue in Accordance with § 98- 106.3 of the Pelham Village Code Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☐ ☐ ☐ ☐ Amended Trustee Hill-Ries ☐ ☐ ☐ ☐ ☒Tabled Trustee Kagan ☐ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 10 – Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 163 Wolfs Avenue Vote Record - Item # 10 – Motion to Close Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 163 Wolfs Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ David Cooper, a partner with a law firm of Zarin & Steinmetz, representing the applicant and owner of 163 Wolfs Lane who has applied to redevelop a former gas station along Wolfs Lane with a mixed-use project within the BDFZ (Business District Floating Zone). He addressed the following concerns brought up at the earlier segment of the public hearing. With regard to underground storage tanks, a phase one and phase two environmental site assessment occurred in June of 2017 and August of 2017 All three storage tanks are sealed, and still underground. There was also a question about utility lines. The only utilities on the site are the small connection lines, water and sewer going to the main trunk lines offsite. Lastly, the geoprobes are, generally, where the radar tests were done (reported in the record provided in April 2019). Trustee Potocki asked about the sanitary sewer line that comes into Wolfs Lane, and the manhole cover that runs off the driveway off of Manning Circle. Mr. Cooper and Trustee Potocki agreed this manhole is not on the proposed property. Another clarification was regarding tax revenue: o Mr. Cooper went over the AKRF Report’s general estimate of taxes based only on average assessed values for 10 comparables in the Village, only one of which is a new rental development (101 Wolfs Lane). o What they were just trying to do is to get a data point to determine if the per-pupil cost of the potential additional students would be greater or less than the potential tax revenue. Ray Beeler, of Gallin Beeler Design introduced the landscape architect for the project. Vanessa Ayala, of IQ Landscape Architects discussed the plantings in the rear section of the development. Carolyn O’Connor of 213 Carol Avenue asked about existing trees. Jamie Cabarrocas of 9 Brookside Avenue asked for more clarification on species, maintenance, number and location of said plants. Deputy Mayor Kagan and Trustee Potocki inquired about the height of adult trees behind the building in relation to windows. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Ms. Ayala used the presentation to show the estimated height of said trees. Mr. Beeler discussed another question about the building’s sustainable features: o They are looking at many sustainable features including high-performance glazing above code insulation, use of recycled materials, rainwater harvesting, green roofs on the terraces, bicycle racks and low emitting materials o They’re beginning to look at the possibility of an electric vehicle charging station (in the garage for public and private use), and studying the use of photovoltaic solar panels Jamie Cabarrocas of 9 Brookside Avenue inquired about the fire towers and egress plan for the building as well as the plan for garbage pickup and a potential for a loading zone on Wolfs Lane. Gwen Miller-Tapogna of 175 Sparks Avenue asked if there is an updated storm water prevention plan and where the recommendations from the planning board for sanitary sewer remediation and traffic safety improvements stand. The applicant mentioned that the SWPP assumed a 100% impervious surface, and the design will improve upon the current state of the site by capturing all of the water and reducing the flow rate off of the site. Amanda Jaskiewicz of 264 Eastland Avenue commented that the overall size of the project, given its location, may not be the right thing for this particular site. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 11 – Resolution Awarding Cyber Liability Insurance Resolution Awarding Cyber Liability Insurance Whereas, the Village of Pelham solicited a bid for Cyber Liability Insurance; and Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards municipal Cyber Liability Insurance for the Village of Pelham to Beazley Insurance (attached hereto and made a part hereof) under Option 1 in an amount not to exceed $4,550.00. Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this contract for these services. Vote Record - Item #11 – Resolution Awarding Cyber Liability Insurance Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Mayor Mullen explained the increasing threat to cyber security and that municipalities should have cyber liability insurance in place. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 12 – Resolution Authorizing Tax Certiorari Settlement and Payment for Acquisition America, LLC at 21 Fifth Avenue Resolution Authorizing Tax Certiorari Settlement and Payment for Acquisition America, LLC Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorize the Court Ordered settlement and payment for a refund of Village taxes and reduction in assessment to Acquisition America, LLC pursuant to the Court Order and Judgement for the property at the following addresses for the following amounts: Address: Tax Lot ID #: Assessment Years: Amount: 21 Fifth Avenue 163.44-1-30 2013 $569.00 2014 $563.50 2015 $330.00 Total Refund: $1,462.50 Be it further resolved, that the Mayor, Assistant Village Administrator/Village Treasurer and Village Attorney are authorized to take the necessary and appropriate actions to affect this Court Order and refund these Village taxes. Vote Record - Item #12 – Resolution Authorizing Tax Certiorari Settlement and Payment for Acquisition America, LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 13 – Resolution Adopting the 2019 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2020 Property Tax Levy Resolution Adopting the 2019 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2020 Property Tax Levy Be it resolved, that the Board of Trustees of the Village of Pelham hereby adopts the 2019 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town of Pelham Assessor for the Village of Pelham 2020 Tax Levy, at the rates of 83.089844% for Homestead, and 16.910156% for Non-Homestead; and Be it further resolved, that the Mayor, Village Administrator and the Town Assessor are authorized to take the necessary steps to affect this resolution. Vote Record - Item # 13 – Resolution Adopting the 2019 Adjusted Base Proportions using the 2018 Final Assessment Roll and Rates provided by the Town Assessor for the Village of Pelham 2020 Property Tax Levy Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Mayor Mullen explained that each year the Board of Trustees decide the adjusted based proportions with the option of either moving the adjusted based proportions to the new year's assessments, which is determined primarily based on the overall valuations of the homestead, non-homestead properties, or we can use the previous years, adjusted based proportions for another year if they're favorable for the homestead properties. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 14 – Resolution Authorizing Service Agreement for an Emergency Community Notification System with NIXLE Communications System Resolution Authorizing Service Agreement for an Emergency Community Notification System with NIXLE Communications System Whereas, the Village of Pelham Police Chief recommends the NIXLE Communications System; and Whereas, the annual cost of said communication system is $5,400.00, the Village of Pelham will be responsible for half (50% OR $2,700.00) of this total with the Town of Pelham; and Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Chief of Police to sign a contract with NIXLE beginning October 1, 2019 Vote Record - Item #14 – Resolution Authorizing Service Agreement for an Emergency Community Notification System with NIXLE Communications System Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Deputy Mayor Kagan reported that the Police Chief investigated the NIXLE Communication System. The System is used to alert people by messaging and calling. The System includes other tools the Chief is interested in. It would also be useful and available to the Fire Chief, Department of Public Works and the Town of Pelham. Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 15 – Other Business- Resolution on October Meeting Date Change Vote Record - Item #15 – Resolution to Change the October Meeting Date Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 24, 2019 Recurring Items Item # 16 - Authorizing Budget Amendments and Transfers for Fiscal Year 2019-20 Resolution Authorizing Budget Amendments and Transfers for Fiscal Year 2019-20 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 Assistant Village Administrator/Village Treasurer to modify the 2019-20 Budget by making the following budget transfers (attached hereto and made part hereof). Vote Record - Item # 16 – Resolution Authorizing Budget Transfers for Fiscal Year 2019-20 Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 17 - Authorizing the Accounts Payable Trustee Kamal Eldahry is auditing 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 $333,326.42 Capital Projects Fund $117,086.28 Trust and Agency Fund $12,095.00 TE Private Purpose Trust Fund $0.00 Grand Total $462,507.70 Be it further resolved, that this Board hereby approves payment of the above-mentioned claims and authorizes payment thereof. Vote Record - Item # 17 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled ☐Withdrawn Trustee Kagan ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry Second ☒ ☐ ☐ ☐ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, September 24, 2019 Item # 18 – Adjournment to Executive Session Vote Record - Item # 18 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, September 24, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The Board of Trustees adjourned to discuss pending litigation, personnel matter and a public safety matter.