Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 11, 2020, 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. Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West 9. Resolution Approving Site Plan for 139 Fifth Avenue in Accordance with Section 98-106.3 of the Code of the Village of Pelham 10. Discussion Regarding Charging Stations Contract with Ron Kamen 11. Discussion Regarding NY State STRETCH Code 12. Resolution Authorizing Lease Renewal with Sprint Spectrum L.P., a Delaware Limited Partnership (Sprint) 13. Discussion Regarding Pedestrian Safety and Traffic Calming Committee Survey 14. Resolution Authorizing Volunteers for Westchester Climate Action Planning Institute (CAPI) Grant 15. Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association Regarding the Position of Fire Captain 16. Other Business: ZBA Recurring Items 17. Authorizing Accounts Payable 18. Authorizing Minutes of: 19. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, February 25, 2020 Tuesday, March 10, 2020 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 1 – Meeting called to order: Mayor Mullen called the meeting to order at 7:30 PM. 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 Greco ☒ ☐ ☐ Trustee Hill-Ries ☒ ☐ ☐ 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 said the interviews for the firefighters and fire captain positions are set for the end of the week. Trustee Greco had nothing to report. Trustee Hill-Ries had nothing to report. Trustee Kamal Eldahry reported her attendance at a meeting wherein the county executive announced the hopeful launch of a county-wide food waste program in September 2020. Trustee Potocki mentioned a request he received regarding parking on Nyac during special events. Trustee Spira-Cohen had nothing to report. Village Administrator’s Report: Village Administrator Small had nothing to report. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Mayor’s Report Mayor Mullen said the local development corporation (LDC) has officially launched. Secondly, he said he attended a housing assessment briefing offered by the Westchester County Planning Department and hosted by County Executive Latimer. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 7 – Public Comments Mara Kravitz of Matriarch Development shared information about the development status of 101 Wolfs Lane. Ralph Palma of 15 Fourth Avenue followed up about his prior comments regarding his neighboring residents. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Non-Recurring Items Item # 8 – Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West Joe Forte represented Elk Homes for the public hearing on the amended site plan approval at 8 Boulevard West. The Applicant agreed to meet with the Architectural Review Board one more time to work on the amended application. Vote Record - Item # 8 – Motion to Continue the Public Hearing on the Amended Site Plan Application of the Applicant: Elk Homes for 8 Boulevard West Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 9 – Resolution Approving Site Plan for 139 Fifth Avenue in Accordance with Section 98- 106.3 of the Code of the Village of Pelham 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, 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 (GB ds), 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 (the “Project”); and Whereas, Pelham RE Partners, LLC proposes to provide non-rentable ground floor space for a community use that will not generate an additional demand for parking per § 98-106.3; and Board of Trustees Regular Meeting Tuesday, February 11, 2020 Whereas, the 139 Fifth Avenue property consists of two tax parcels, Parcel 163.36.89, which fronts on Fifth Avenue and is zoned Business-2, and 163.36.71 which fronts on Fourth Avenue and is zoned Residence M.; and Whereas, Pelham RE Partners, LLC requests site plan approval pursuant to Village Code §98-106.3 and the Business District Floating Zone (BDFZ); and Whereas, both parcels are eligible for consideration under § 98-106.3 and the 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 GB ds, 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; • 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; Board of Trustees Regular Meeting Tuesday, February 11, 2020 • 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; • 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 5th floor roof; • At the request of the Planning Board, full cut-off fixtures and their specifications were added to the site plans; and • 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 the proposed action be referred to the Village of Pelham Planning Board and Architectural Review Board and such referral was made on 2-12-19; and Board of Trustees Regular Meeting Tuesday, February 11, 2020 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 2 trees shown on A05 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 presented in E.5 below; and Whereas, as part of the 7-31-19 submission to the Board of Trustees requesting site plan approval, the architect for the applicant summarized the changes made during the Planning Board and ARB referral process in a memorandum dated 8-6-19; and Whereas, after due notice the Board of Trustees opened a public hearing with respect to the application on 8-13-19 and Whereas, the Board of Trustees thereafter continued the public hearing with respect to the application on 9-10-19; and Whereas, the Board of Trustees closed the public hearing with respect to the application on 9-10-19; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on 3-12-19, 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, February 11, 2020 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 final site plan approval is based on the following drawings that have been submitted by the applicant (collectively, the “Drawings”): • 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; • 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; • 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; • 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; Board of Trustees Regular Meeting Tuesday, February 11, 2020 • Solar – Existing Building Winter, A32d, prepared by GB ds dated 3-08-19 and last revised 8-07-19; • Planting Plan & Details, L-1, prepared by IQ Landscape Architects, dated 3-08-19 and last revised 8-07-19. D. Site plan approval granted pursuant to this resolution shall be conditioned on Project construction being completed in accordance with the Drawings. E. In addition to the Drawings submitted in C. above, 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 revise the following site/civil engineering drawings consistent with the site plan approval set dated 8-07-19 and submit to the Building Inspector for review: • Cover – SD-101, prepared by GB ds dated 4-12-19 • Grading and Utility, SD-201, prepared by Catizone Engineering, dated 4-12-19 • Erosion and Sediment Control Plan, SD-202, prepared by Catizone Engineering, dated 4-12-19 • Details, SD-401, prepared by Catizone Engineering, dated 4-12-19 • Details, SD-401, prepared by Catizone Engineering, dated 4-12-19 2. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, submit a revised Sanitary Sewer Analysis of the capacity and condition of the sewer main within the block in front of the site - along Fifth Avenue. 3. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, submit a Final Stormwater Pollution Plan. The study should include soils testing to determine the percolation rates so that the most efficient subsurface detention system can be designed. 4. The applicant shall, as a condition of site plan approval and prior to the issuance of any building permit, provide the Village a fair share contribution for traffic and pedestrian safety, paving, and sanitary sewer improvements based on the provisions of §79-6K. The fair share contribution shall be paid prior to the issuance of a building permit and is calculated as follows: a. Traffic/Pedestrian Improvements (28 du’s + 1,400 sf of commercial) x $3,118/trip = $93,540 b. Paving – 100lf frontage on 5th Avenue + 100 lf of frontage on 4th Ave x $2.00 lf = $12,800 c. Sanitary Sewer – 100 lf frontage x $70/lf = $7,000 TOTAL = $113,340. 5. The applicant shall make the following modifications to the site plan as a condition of site plan approval and shall submit said revised plans to the Building Inspector for review prior to the issuance of a building permit: 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. Board of Trustees Regular Meeting Tuesday, February 11, 2020 6. Prior to the issuance of a building permit, a complete and final plan set shall be provided to the Building Inspector consistent with all of the above conditions. 7. 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 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, unless the Board of Trustees extends, by resolution, the time within which to do so; and Be it further resolved, that in accordance with Village Code §34-9, a building permit shall become invalid unless the authorized work is commenced within six months following the date of issuance and shall expire 12 months after the date of issuance, unless an application is made to the Building Inspector to renew per §34-9. Vote Record - Item # 8 - Resolution Approving Site Plan for 139 Fifth Avenue in Accordance with Section 98-106.3 of the Code of the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Maria Prieto-Kahaner of 115 6th Avenue asked to confirm that material changes would only be made with public notice and input. A member of the public [NAME NOT GIVEN] asked if the plans and resolution would be made available to the public. Also, asked about the grant money's source and use. Mr. Guerrero explained the workings of the NYSERDA Net Zero grant. James Stoffel of 116 6th Avenue read a statement on behalf of the Pelham Preservation & Garden Society stating that they support reasonably scaled design and that this project meets that standard. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 10 - Discussion Regarding Charging Stations Contract with Ron Kamen Trustee Kamal Eldahry shared her findings and cost estimates for EV charging stations and NYS grant options. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item #11 - Discussion Regarding NY State STRETCH Code The Board suggested this discussion be continued at a later date. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 12 - Resolution Authorizing Lease Renewal with Sprint Spectrum L.P., a Delaware Limited Partnership (Sprint) Resolution Authorizing Lease Renewal with Sprint Spectrum L.P., a Delaware Limited Partnership (Sprint) Whereas, on June 10, 2016 the Village of Pelham executed an agreement with Bench Strength Partners, Inc (BSP) to negotiate leases, licenses, lease buyouts or other agreements for the rental of space of cellular antennas and related equipment on Village property; and Whereas, Sprint maintains cellular equipment on the roof of the Fire House located at 219 Fifth Avenue, Pelham New York; and Whereas, the Lease Agreement between the Village of Pelham and Sprint expired on August 7, 2017; and Whereas, BSP facilitated negotiations with Sprint for the purpose of renewing the lease agreement with the Village of Pelham; and Whereas, the renewal lease agreement provides for increased revenues for each year of the agreement term, contract modifications, relocation provisions, engineering review of the Sprint system and any proposed upgrades, with reimbursement for additional staff time; and Now therefore be it resolved, that the Board of Trustees of the Village of Pelham authorizes the lease renewal with Sprint for a guarantee of (5) years, after which the agreement automatically renews for 10 additional terms of 1 year each unless either party provides the other with at least 18 months prior notice; and Be it further resolved, that the Mayor or Village Administrator is authorized to take the necessary and appropriate actions to execute the lease renewal agreement with Sprint Spectrum L.P., a Delaware limited partnership. Vote Record - Item # 11 - Resolution Authorizing Lease Renewal with Sprint Spectrum L.P., a Delaware limited partnership (Sprint) Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 13 – Discussion Regarding Pedestrian Safety and Traffic Calming Committee Survey Tabled - Items to be distributed. Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 14 – Resolution Authorizing Volunteers for Westchester Climate Action Planning Institute (CAPI) Grant Resolution Authorizing the Village of Pelham’s Involvement in Westchester’s Climate Action Planning Institute (CAPI) Grant Whereas, on Tuesday, June 25, 2019, the Village Board of Trustees created a Climate Smart Community (CSC) Task Force as a mandatory action required for participation in and certification by, the Climate Smart Communities Program; and Whereas, the project is structured as a 16-month-long working group facilitated by the Hudson Valley Regional Council, in partnership with ICLEI – Local Governments for Sustainability; and Whereas, Westchester’s Climate Action Planning Institute (CAPI) is a regional climate action planning leadership program designed to lead participants through the development of their Local Government Operations GHG Emissions Inventories (GHGIs) and draft Government Climate Action Plans (CAPs), which are key priority actions under the CSC Program; and Whereas, there is no cost to participate, the Village’s contribution to this project includes volunteers and/or staff who will attend the monthly meetings, complete the data collection, data entry, and other project support on behalf of their local governments as needed, as well as participate in all project communications and meetings; and Whereas, Assistant/Secretary to the Village Administrator and CSC Coordinator, Cara Farrell will act as the Municipal Project Lead and Heather Eliezer of the Sustainability Advisory Board, Gabrielle Sasson of the Sustainability Advisory Board and Tom White of the Sustainability Board will act as volunteer participants; and Now, therefore, be it resolved, that the Board of Trustees herein authorizes the participation in Westchester’s Climate Action Planning Institute (CAPI) Program. Vote Record - Item # 14 - Resolution Authorizing Volunteers for Westchester Climate Action Planning Institute (CAPI) Grant Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 15 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association Regarding the Position of Fire Captain Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association (PPFA) Local 2213, IAFF, AFL-CIO (“Union” or “Local 2213 Association Regarding the Position of Fire Captain Whereas, the Village of Pelham (“VOP”) and the Village of Pelham Professional Firefighters Local 2213, IAFF, AFL-CIO (“Union” or “Local 2213”) are parties to a Collective Bargaining Agreement ("CBA") covering the period June 1, 2019 to May 31, 2024; Whereas, the VOP and Local 2213 have engaged in good faith negotiations to add the Civil Service title and position of Fire Captain to the CBA; Whereas, the VOP and Local 2213 have negotiated and agreed upon additional compensation to be paid to the title and position of Fire Captain under the CBA; Whereas, the parties wish to memorialize their agreement in a Memorandum of Agreement (“MOA”) to the CBA; Now therefore be it resolved, that the Mayor is hereby authorized to execute a Memorandum of Agreement for the position of Fire Captain between the Village and the PPFA incorporating the terms and conditions of said Memorandum of Agreement. Vote Record - Item # 15 - Resolution Authorizing the Execution of a Memorandum of Agreement with the Pelham Professional Firefighters Association (PPFA) Local 2213, IAFF, AFL-CIO (“Union” or “Local 2213 Association Regarding the Position of Fire Captain Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 16 – Other Business Resolution Awarding the Wolfs Lane Retaining Wall Emergency Repair Whereas, the retaining wall along Wolfs Lane across from Sparks Avenue is an unsafe and dangerous structure which warrants emergency reconciliation; and Whereas, Superintendent of DPW/Building Inspector received two proposals for the reconstruction of said wall; and Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards the Wolfs Lane Retaining Wall Emergency Repair in the Village of Pelham to the lowest qualified bidder D. Ragno Landscaping., at the total bid cost of $8,850.00; and 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 # 16 - Resolution Awarding the Wolfs Lane Retaining Wall Emergency Repair Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Motion ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 11, 2020 Recurring Items Item # 17 - Authorizing the Accounts Payable Trustee Hill-Ries 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 Assistant Village Administrator/Village Treasurer: Fund Name: Amount General Fund $89,969.13 Capital Projects Fund $1,519.00 Trust and Agency Fund $5,073.43 TE Private Purpose Trust Fund $0.00 Grand Total $95,561.56 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 Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Greco Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen Second ☒ ☐ ☐ ☐ Board of Trustees Regular Meeting Tuesday, February 11, 2020 Item # 18 - Authorizing Minutes: No minutes to be approved at this time. Item # 19 – Adjournment to Executive Session Vote Record - Item # 19 - Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, February 11, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Greco Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☒ ☐ ☐ ☐ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☐ The public portion of the Board of Trustees meeting was adjourned at 9:35 PM to enter into Executive Session to discuss negotiations. After which time, the Board of Trustees would adjourn for the evening. Respectfully submitted, Cara R. Farrell, Secretary to the Village Administrator