Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES SPECIAL MEETING TUESDAY, DECEMBER 15, 2020, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 Pursuant to Executive Order 202.1 issued by Governor Andrew Cuomo on March 12, 2020, all in- person public access to Village Board of Trustees Meeting is suspended. Each Village Trustee will participate remotely either by video or telephone via GoToMeeting. Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/381315109 You can also dial in using your phone. United States: +1 (224) 501-3412 Access Code: 381-315-109 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 - Email Comments/Questions to cara.farrell@pelhamgov.com # Agenda Items: Non-Recurring Items 8. Resolution Authorizing Agreement between the Village of Pelham & the Pelham Local Development Corporation 9. Resolution Authorizing Land Development Agreement (Pelham House Project) 10. Resolution Authorizing Escrow Agreement with Pelham House LLC (General Costs, SEQRA Review Costs and Owner’s Representative Fees) 11. Resolution Authorizing License Agreement with Pelham House LLC Recurring Items 12. Authorizing Accounts Payable 13. Adjournment Next Regularly Scheduled BoT Meetings: January 12, 2021 January 26, 2021 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Board of Trustees Special Meeting Tuesday, December 15, 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 Hill-Ries ☒ ☐ ☐ Trustee Eldahry ☒ ☐ ☐ Trustee McGreal ☒ ☐ ☐ Trustee Solomon ☒ ☐ ☐ Trustee Spira-Cohen ☐ ☒ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Deputy Village Clerk Farrell ☒ ☐ ☐ Item # 4 - Trustees’ Report: Trustee Carpenter had nothing to report. Trustee Hill-Ries thanked DPW Superintendent, Joe Senerchia for the street cleaning and brought up the Pelwood Association’s questions about the timeline of the remediation of Young Avenue Field. Trustee Eldahry had nothing to report. Trustee McGreal mentioned the upcoming Council on the Arts meeting in January and urged residents to virtually participate. Trustee Solomon said he participated in the Steering Committee on Policing and Inclusion’s kickoff meeting after the release of the Phase I Report. He also noted his ongoing communications with the Chamber of Commerce about projects going on in the community. Trustee Spira-Cohen was absent. Item # 5 - Village Administrator’s Report: Village Administrator Small had nothing to report. Board of Trustees Special Meeting Tuesday, December 15, 2020 Item # 6 - Mayor’s Report: Mayor Mullen said the dialogue of the Steering Committee on Policing and Inclusion’s kickoff meeting was fruitful and based around hearing all voices and how the Village Office can communicate effectively and openly. Mayor Mullen also expressed his condolences to John Cassone and his family for their loss. He thanked Mr. Cassone for being so engaged and active in the ongoings of the Village of Pelham. Item # 7 - Public Comments Mike Volpe of 103 Boulevard, Pete Potocki of 66 Boulevard and Ciro Greco of 37 Third Avenue commended the Board of Trustees on their persistence with the Pelham House project. Superintendent of Public Works, Joe Senerchia gave an update on leaf pickup dates and briefed the residents and Board of Trustees on the storm preparedness. Board of Trustees Special Meeting Tuesday, December 15, 2020 Non-Recurring Items Item # 8 – Resolution Authorizing Agreement Between the Village of Pelham & the Pelham Local Development Corporation (LDC) Resolution Authorizing Agreement Between the Village of Pelham & the Pelham Local Development Corporation (LDC) Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Agreement with the Pelham Local Development Corporation. Vote Record - Item #8 - Resolution Authorizing Agreement Between the Village of Pelham & the Pelham Local Development Corporation Village of Pelham Board of Trustees Regular Meeting Tuesday, December 15, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Special Meeting Tuesday, December 15, 2020 Item # 9 - Resolution Authorizing Land Development Agreement (Pelham House Project) Resolution Authorizing Land Development Agreement (Pelham House Project) Whereas, in April of 2017, the Village of Pelham (“Village”) Board of Trustees (“Village Board”) adopted the Business District Floating Zone (“BDFZ”) to incentivize transit-oriented development to revitalize the downtown business corridor, including certain Village properties; and Whereas, the Village Board determined that there are certain parcels of Village-owned land within the BDFZ, including the Village firehouse, that are aged and in need of substantial repair or replacement, and are suitably located for residential and commercial development consistent with the goals of the BDFZ; and Whereas, Village Hall, located at 195 Sparks Avenue, is also aged and in need of replacement in order to provide the facilities necessary to promote the efficient government of the Village in a manner that is easily accessible to all Village residents; and Whereas, for these reasons, on February 14, 2018, the Village Board issued a Request for Proposals (“RFP”) for the re-development of parcels of certain public and private land located in the Village that would incorporate commercial and residential uses, but would also incorporate essential municipal services and uses, including, potentially, the development of a new Municipal Center, with facilities for the Fire Department, Police Department and the offices currently located in Village Hall; and Whereas, the Village Board made a determination of no significant environmental impact resulting from adoption of the BDFZ; and Whereas, the Village Board subsequently initiated a generic environmental impact study (“GEIS”) to analyze the potential impacts of various restoration initiatives and development, including the Project (as defined below); and Whereas, the Village-owned parcels identified for development are: (i) the Village Fire House at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) (“Village Fire House Site”); and (ii) the Village parking lot on the corner of Third Street and Fifth Avenue and the parking deck on the corner of Third Street and Fourth Avenue (Section 163.36, Block 2, Lot 19 on the Town of Pelham Tax Map) (the “Parking Lot and Deck,” collectively, the “Village-owned parcels” or the “LDC-owned parcels,” as applicable); and Whereas, on March 29, 2019, after careful review and consideration, the Village Board selected Pelham House as the preferred developer of the Project; and Whereas, Pelham House owns the property known as the Capital One Site located at 200 Fifth Avenue (the “Capital One Site”) (Section 163.36, Block 2, Lot 28). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Land Development Agreement agreed and consented to solely and exclusively with respect to Sections 1.5, 2.4, 2.5, 2.6, 2.7, 2.8, 3.1.1, 3.1.2, 3.7, 3.8, 3.9, 5.3, 5.4, 6, 7, 9, 11.5 and 11.10 of the Agreement. Board of Trustees Special Meeting Tuesday, December 15, 2020 Vote Record - Item # 9 - Resolution Authorizing Land Development Agreement (Pelham House Project) Village of Pelham Board of Trustees Regular Meeting Tuesday, December 15, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Special Meeting Tuesday, December 15, 2020 Item # 10 - Resolution Authorizing Escrow Agreement Pelham House LLC (General Costs, SEQRA Review Costs and Owner’s Representative Fees) Resolution Authorizing Escrow Agreement Pelham House LLC (General Costs, SEQRA Review Costs and Owner’s Representative Fees) Whereas, the Village Board of Trustees (“Village Board”) selected Pelham House as the preferred developer to design, develop and construct a privately-owned and operated mixed-use development, with public parking spaces, and a new Municipal Center (“Project”) on certain privately and publicly owned properties; and Whereas, on May 1, 2019, the Parties entered into an Escrow Agreement, and Pelham House deposited with the Village the sum of $50,000.00 in a non-interest-bearing trust and agency account, separate and apart from the Village’s other accounts, to be drawn upon by the Village in accordance with the provisions of the Escrow Deposit Agreement (“Escrow Deposit”); and Whereas, the Village formed an LDC to further the Village’s goal of revitalizing the business district of the Village and facilitate the Project; and Whereas, the LDC and Pelham House entered into a Land Development Agreement (“LDA”) simultaneously herewith, setting forth the terms and conditions of the Project; and Whereas, the Project will require certain approvals from the Village; and Whereas, the Parties agree that the Village will incur legal, consulting, and other costs in its review of the application, including review of the Project under the State Environmental Quality Review Act (“SEQRA”); and Whereas, the Parties agree that Pelham House shall be responsible for paying for certain of the legal, consulting, and other costs that the Village will incur, by depositing monies into escrow with the Village in accordance with the terms set forth in this Agreement. Now, therefore be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Escrow Agreement between Pelham House LLC and the Village of Pelham. Vote Record - Item #10 - Resolution Authorizing Escrow Agreement Pelham House (General Costs, SEQRA Review and Owner’s Represented Fees) Village of Pelham Board of Trustees Regular Meeting Tuesday, December 15, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☒ ☐ ☐ ☒ Board of Trustees Special Meeting Tuesday, December 15, 2020 Item # 11 - Resolution Authorizing License Agreement with Pelham House LLC Resolution Authorizing License Agreement with Pelham House LLC Whereas, the Village is the owner of various parcels of real property located in the Village, and which are identified as follows: (i) the Village Fire House at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) (“Village Fire House Site”); and (ii) the Village parking lot on the corner of Third Street and Fifth Avenue and the parking deck on the corner of Third Street and Fourth Avenue (Section 163.36, Block 2, Lot 19 on the Town of Pelham Tax Map) (the “Parking Lot and Deck,” collectively, the “Sites”); and Whereas, the Sites are currently improved with: (i) Municipal parking lots; and (ii) a Village Fire Department Station; and Whereas, the Village issued a Request for Proposals (“RFP”) to interested Parties for a public/private partnership to redevelop the Sites; and Whereas, Licensee was selected by the Village as the Preferred Developer to redevelop the Sites with a mixed-use development, including various amenities for the Village (collectively, the “Project”); and Whereas, Licensee intends to pursue all permits and approvals necessary to complete the Project, and upon securing said approvals, purchase the Sites from the Village in accordance with the terms and conditions of a Land Development Agreement; and Whereas, Licensee desires to gain access to the Sites prior to the closing of transfer of title to the Sites to conduct due diligence and investigate the development potential of the Sites, potential subsurface conditions and all other analyses to allow Licensee to prepare the necessary plans and reports to process applications for Project approvals (collectively, the “Work”); and Whereas, the Village desires to grant a license to Licensee to allow it to access the Sites for the purpose of conducting the above-referenced Work. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached License Agreement between Pelham House LLC and the Village of Pelham. Vote Record - Item #11 - Resolution Authorizing License Agreement with Pelham House LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, December 15, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Eldahry Second ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon Motion ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Special Meeting Tuesday, December 15, 2020 Recurring Items Item # 12 - Authorizing the Accounts Payable Mayor Mullen 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 $212,018.99 Trust & Agency Fund $632.50 Grand Total $212,651.49 Be it further resolved, that the Village Board of Trustees hereby approves payment of the above- mentioned claims and authorizes payment thereof. Vote Record - Item # 12 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, December 15, 2020 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal Second ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Board of Trustees Special Meeting Tuesday, December 15, 2020 Item # 13 – Adjournment to Executive Session Vote Record - Item # 13 - Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, December 15, 2020 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Trustee Solomon ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ The public portion of the Board of Trustees meeting was adjourned at 8:45 PM to enter into Executive Session to discuss negotiations. After which time, the Board of Trustees would adjourn for the evening.