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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · June 13, 2023

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Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JUNE 13, 2023, 8:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Authorizing a Modification to an Approved Site Plan for Proposed Solar Canopy and Solar Arrays at 139 Fifth Avenue 9. Resolution Authorizing Quarterly Newsletter Proposal from Harrison Edwards, Inc. 10. Other Business - Resolution Authorizing Approval of PILOT Agreement Recurring Items 11. Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 12. Authorizing Accounts Payable 13. Authorizing Minutes of: May 23, 2023 Work Session and Regular Meeting 14. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, June 27, 2023 Tuesday, July 11, 2023 (Summer Schedule) Tuesday, August 8, 2023 (Summer Schedule) Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 1 - Meeting Called to Order: The Mayor called the meeting to order at 8:06 PM Item # 2 - Pledge of Allegiance: The Mayor led the Pledge at 8:06 PM Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Hill-Ries ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☒ ☐ ☐ Village Trustee Otondi ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Administrator Zia ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – nothing to report. Village Trustee Kamal Eldahry – nothing to report Village Trustee McGreal – The Village of Pelham Council on the Arts is presenting Juneteenth on Saturday June 17th at Wolfs Lane Park. Village Trustee Otondi – The Fire Report – several members of the Fire Department attended an annual hazmat training at Westchester County as well as EMT and CME training which will help streamline operations during calls. Trainings with Pelham Manor Fire Department continues to be ongoing as part of the dual response operation. Operating permit inspections will commence soon for businesses, apartment buildings and three family homes. Pelham Firefighters will be hosting a t- shirt sale and boot drive on Friday June 16th with proceeds benefitting Julianne’s Playground. Village Trustee Solomon – Working with Legislature Terry Clements to get to get some construction projects to the Capital Fund Budget 2024-2025, as well as what funding we have to get going on some projects, including Wolfs Lane and Colonial Ave, Wolfs Lane and Boulevard and Wolfs and Sparks Ave, as well as some Downtown Infrastructure projects. Deputy Mayor Carpenter – nothing to report. Item # 5 - Village Administrator’s Report: Organic pick ups are on Wednesdays, now through October 11th. On a holiday week, organic pick up will be on Thursday. It must be curbside and in appropriate containers. A sewer line failure had occurred on Wolfs Lane/Sparks Ave, hoping to wrap the work up this week. Two water mains are located above the sewer main, and we had to dig mostly by hand to go Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 between two water mains to get to the collapse. Thank you to all for your patience during this unexpected construction. Administrator Scelza and General Foreman Giustino met with the paving company to commence the paving, targeting the roads within the Village that have qualified as “failed” in the paving management study, budget permitting. Looking ahead to the June 27th Board Meeting, the capital budget for the new Municipal Center will be presented. Item # 6 - Mayor’s Report Thank you to Barbara Mazzucco and the Pelham Seniors for the lunch invitation at Posto 22 in New Rochelle. It was a wonderful luncheon. Barbara asked Mayor Mullen to share the word that they are going to the casino in Atlantic City on August 29th, $55 a ticket per seat. Thank you to George Latimer and Ken Jenkins; the County hosted a Pride Flag raising ceremony in White Plains, it was a really great festival. Friday night, 5:30-8:00 PM, there is going to be a Pride festival at the Gazebo, and the following day Pelham is having the Juneteenth celebration at Wolfs Lane Park and the Pelham Picture House. The first closing with Pelham House occurred on June 13th, 2023. This is the big first step through the Pelham Local Development Corporation. A special thank you to Administrator Scelza for being a rockstar. Item # 7 - Public Comments Ryan – no address provided – a community project for 8th grade working on the Highbrook Highline re-planting the garden beds and removing invasive species. Thank you to Mr. Zia for meeting with the group prior to the start of the project. A majority of the work was completed, with approximately $200 worth of plants, when the group arrived one day to see the plants had been removed from the garden beds. Research was done to determine who had removed the plants and it was determined that The Pelhamwood Association had removed the plants. A meeting was held with the Pelhamwood Association and planting will commence in September once conditions are better for the plants, with both groups working together. It was a noted miscommunication that caused the plants to be removed. It won’t be a miscommunication going forward. Ryan and his group have intentions of possibly rebuilding one of the rotted plant beds and have re-painted the others as part of a school project. The Mayor thanked Ryan for the work they have done so far and is looking forward to the planting in the fall. Deputy Mayor Carpenter also noted and thanked Ryan for his comments. Stacy Kirsch, 30 Irving Place, New Rochelle – Had emailed Dan McLaughlin in regard to Ana and Jack’s Treehouse on 5th Ave. She is a pediatric occupational therapist and works with children with a range of special needs. She shared concerns regarding the playground approval getting pushed back as she feels these children have suffered enough. These children were on lockdown during covid. All she is asking for is a playground for these children at their daycare. She is a working parent; her husband is a working parent and she would love to be able to keep her kids at home and Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 take them to the park on nice days. She feels the kids at the daycare are not learning their gross motor skills of climbing, and learning safety, body awareness and keeping up with their peers. She does not understand what the hold up is with the playground. The Mayor responded he is excited that Ana and Jack’s Treehouse is here and that there will hopefully be a playground in the future. At this time, there are rules that anybody has to follow with regard to the law. The Village Board does not have the ability to waive the rules and where there is a situation where the property owner is not abiding by conditions of the law, it can create issues. Stacy responded that in the last meeting she heard that Ana and Jack’s were told they could go ahead with the playground and then hears that they have to plant bushes before they can proceed. She feels like it is being strung along. Her daughter is almost 4 and feels that this has been going on since the daycare opened. She noted that they were removed from the last meeting agenda. Deputy Mayor Carpenter reiterated the fact that Ana and Jack’s Treehouse has been in front of the Village Board one time with their application. They were asked to look at landscaping and have not been back to the Board since that happened. Mayor Mullen advised the removal from the agenda was on the advice of counsel. Stacy reiterated that the onus is to the children who attend the daycare. Deputy Mayor Carpenter noted the next step is on their side of the table and not the Board of Trustees, which is a conversation between the Applicant and the Applicant attorney in conversation with the Village. Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Non-Recurring Items Item # 8 – Resolution Authorizing a Modification to an Approved Site Plan for Proposed Solar Canopy and Solar Arrays at 139 Fifth Avenue (Pelham RE Partners, LLC) Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Board of Trustees has found and determines it to be desirable to encourage property owners to improve property with environmentally sustainable uses and green infrastructure; and Whereas, the 139 Fifth Avenue property consists of two tax parcels. One parcel fronts on Fifth Avenue and is zoned Business-2, and the second parcel fronts on Fourth Avenue and is zoned Residence M; and Whereas, on February 11, 2020, the Village Board of Trustees granted Pelham RE Partners, LLC (or the “applicant”), site plan approval for a mixed-use development at 139 Fifth Avenue (the “Project”) that complied with Village Code § 98-106.3 and met the requirements for the Business District Floating Zone (“BDFZ”); and Whereas, the approved development also included solar panels mounted on the roof on the approved development; and Whereas, Pelham RE Partners, LLC is requesting approval of a modification to the approved site plan to install a solar canopy plus three separate arrays in the rear parking lot; and Whereas, the proposed installation is being designed for the development to achieve a net-zero status; and Whereas, the applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 139 Avenue property; and Whereas, Village Code § 98-4 authorizes the Village Board of Trustees to permit and grant approval for a modification to an approved site plan that complies with Village Code; and Whereas, Pelham RE Partners, LLC has further submitted a formal Site Plan Application and Declaration of Intent to Develop that was prepared by Gallin Beeler Design Studio Architects satisfying the requirements of Village Code Chapter 79, showing the location of the proposed solar canopy and solar arrays; and Whereas, Pelham RE Partners, LLC has submitted the following documents and plans in support of the application: • Proposed Site Plan A106, prepared by Gallin Beeler Design Studio of the 139 Fifth Avenue project approved by the Board of Trustees on 2-11-2020; • Site Plan A07, prepared by Gallin Beeler Design Studio, dated 1-21-2021; • Planting Plan PV-8, prepared by JMJ Contracting and Development dated 7-06-2022; • 139 Fifth Avenue S100, prepared by ENTHINK Engineering, dated 1-13-2023; • Sketch of structural members of the proposed canopy and arrays, untitled and undated; • 1 of 2 Photos of a precedent canopy structure, untitled and undated; • 2 of 2 Photos of a precedent canopy structure, untitled and undated; • Photo simulation of proposed solar canopy on the 135 Fifth Ave site, untitled and undated. Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Whereas, the Board of Trustees determined the Code of the Village of Pelham requires the proposed action be referred to the Planning Board and Architectural Review Board (“ARB”) for a recommendation and the applicant submitted the application to the Planning Board and ARB; and Whereas, on 2-21-23 and 3-21-23 the Planning Board met and reviewed the proposed application and voted to recommend approval subject to the following: 1. The proposed action should be limited to the 135 Fifth Avenue site. 2. Prior to the issuance of a building permit, the applicant should provide final construction drawings and structural specifications of the canopy and solar array. 3. Prior to the issuance of a building permit, the applicant should submit final construction drawings to the Fire Chief to ensure that the proposed structures will not impede access to the site in the case of a fire emergency. Whereas, on 2-15-23 and 4-19-23, the ARB met and reviewed the proposed solar canopy and arrays. The ARB expressed a concern with the potentially negative visual impacts on the adjacent residential neighborhood from the reflectivity of the solar panels. The ARB also felt that the proposed structures would out of the scale of the adjacent residential neighborhood. The ARB voted to send to the Village Board a recommendation against approving the proposed site plan modification; 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 Board of Trustees considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g) with respect to the NYS Environmentally Quality Review Act (SEQRA) and found the proposed site plan modification to be consistent with the environmental determination made on 2-11- 2020 of no significant adverse impact on the environment; and Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, and the recommendations from the Planning Board and the ARB. the Board of Trustees of the Village of Pelham finds and determines as follows: A. The proposed solar canopy and solar array satisfies the requirements for consideration under the Village Code; and B. The modification to the approved site plan is granted pursuant to this resolution and shall be conditioned on the proposed project being installed/constructed in accordance with the drawings listed above. C. Site plan approval is granted subject to the following conditions: 1. The approval is limited to the proposed solar canopy and solar at 139 Fifth Avenue only; 2. Prior to the issuance of a Building Permit, the applicant shall submit a set of signed, sealed and dated construction drawings and structural specifications showing materials, colors, height, and landscaping; 3. The solar arrays shall be treated with a nonreflective film; 4. Prior to the issuance of a Building Permit, the applicant shall submit a set of the signed, sealed and dated construction drawings to the Fire Chief for confirmation that the proposed solar canopy and solar arrays will not impede fire access to the building; 5. This modification to an approved site plan is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 the Board of Trustees of the Village of Pelham. If any of the terms 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 modification to an approved site plan 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 this modification to an approved site pan shall be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 8 – Resolution Authorizing a Modification to an Approved Site Plan for Proposed Solar Canopy and Solar Arrays at 139 Fifth Avenue (Pelham RE Partners, LLC) – 9:02 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 9 – Resolution Authorizing Quarterly Newsletter Proposal from Harrison Edwards, Inc. Whereas, on Tuesday February 7, 2023, Harrison Edwards submitted a proposal and scope of services agreement to produce a 4-page digital newsletter; and Whereas, the scope of services will include a quarterly newsletter on behalf of the Village of Pelham. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to sign an agreement with Harrison Edwards for four (4) quarterly newsletters for an amount not to exceed $20,000.000. Vote Record - Item # 9 – Resolution Authorizing Quarterly Newsletter Proposal from Harrison Edwards, Inc. – 9:04 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 10 – Other Business – Resolution Authorizing Approval of PILOT Agreement Whereas, in April 2017, the Village of Pelham (“Village”) Board of Trustees (“Board of Trustees”) adopted the Business Development Floating Zone (“BDFZ”) to incentivize transit-oriented development in order to revitalize the downtown business corridor and certain Village properties; and Whereas, the Board of Trustee determined that there are certain parcels of Village-owned land within the BDFZ, including the Village Fire House site at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) 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), 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 Board of Trustees 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-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 issuance of a Request for Proposals (“RFP”) and careful review and consideration, the Board of Trustees selected Pelham House, LLC as the preferred developer for the re-development of parcels in the BDFZ for essential municipal services and uses, including the development of a new Municipal Center with facilities for the Fire Department, Police Department and Village Hall offices (the “Project”); Whereas, on March 29, 2019, after careful review and consideration, the Board of Trustees selected Pelham House as the preferred developer of the Project; and Whereas, in order to foster the creation, retention and expansion of jobs and economic opportunities in connection with the Project, the Village created the Pelham Local Development Corporation (“LDC”), whose powers include purchasing, leasing, gifting, bequeathing, devising or otherwise real or personal property or interests therein within the Village; and Whereas, the Village and LDC have entered into an Amended and Restated Disposition Agreement (the "Amended LDC Agreement") dated as of September 27, 2022; and Whereas, the LDC and Pelham Green entered into an Amended and Restated Land Development Agreement dated as of October 11, 2022 (the “Amended LDA”); and Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Whereas, the Village-owned parcels, due to their municipality-owned status, are currently wholly exempt from real property taxation (hereinafter, the “PILOT Property”); and Whereas, on account of the assistance of the Westchester County Industrial Development Agency (the “IDA”) with respect to the proposed Project, and the leasehold interest it will acquire in the PILOT Property, the PILOT Property will remain wholly exempt for real property taxation: and Whereas, as a condition of the IDA's involvement and the tax-exempt status to be afforded the PILOT Property, Pelham Green is prepared to enter into an agreement with the IDA providing for the payment of monies in lieu of taxes that would otherwise be levied upon the PILOT Property during the period it is rendered tax exempt (the "PILOT Agreement"); and Whereas, the PILOT Agreement will provide for the payment of monies by Pelham Green on an annual basis to all affected taxing jurisdictions, including the Village, over a period of twenty-one (21) years after the IDA's acquisition of a leasehold interest in the PILOT Property; and Whereas, the cumulative annual payments to be made over the term of the PILOT Agreement are set forth on Schedule A hereto, which payments shall be allocated among each of the affected taxing jurisdictions (including the Village) on a pro rata basis premised upon the share of annual real property taxes that each taxing jurisdiction would otherwise levy upon the PILOT Property; and Whereas, the Board of Trustees finds and determines that the PILOT Agreement is in the best interest of the Village; and Whereas, the Board of Trustees therefore desires to authorize the Village Administrator, Village staff and counsel for the Village to execute the PILOT Agreement and to take any and all additional and necessary actions to implement the PILOT Agreement. Now, therefore, be it resolved, that the Board of Trustees hereby adopts and approves the PILOT Agreement; and Be it further resolved, that the Village Administrator is authorized to execute the PILOT Agreement; and Be it further resolved, that the Village Administrator, Village staff and counsel for the Village are hereby authorized to take any and all actions necessary to implement the PILOT Agreement. Vote Record - Item # 10 – Other Business – Resolution Authorizing Approval of PILOT Agreement – 9:06 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Schedule A Year PILOT Payments Year 1 40,000 Year 2 40,000 Year 3 100,000 Year 4 600,000 Year 5 612,000 Year 6 624,240 Year 7 636,725 Year 8 649,459 Year 9 662,448 Year 10 675,697 Year 11 689,211 Year 12 702,996 Year 13 717,056 Year 14 731,397 Year 15 746,025 Year 16 760,945 Year 17 776,164 Year 18 791,687 Year 19 807,521 Year 20 823,671 Year 21 Full Taxes Deputy Mayor Carpenter noted our parks department has parks that are more passive than active. Some groups would like more curated park system, but without having a structure in place to do so there can be miscommunications between groups. The Board noted that perhaps more organization/clarity around custodians of the parks would be beneficial. Discussions will be continued in the future. Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Recurring Items Item # 11 - Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Village 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 Village Administrator/ Treasurer to modify the 2023-24 Budget by making the following budget amendments and transfers (items attached hereto and made part hereof). Vote Record - Item # 11 – Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 – 9:13 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 12 - Authorizing Accounts Payable Trustee Otondi is auditing 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 Deputy Village Treasurer: Fund Name: Amount General Fund (A) $1,475,160.97 Capital Projects Fund (H) $249,361.74 Trust & Agency (T) $ 53,962.50 Private Purpose Trust Fund (TE) $ 1,069.41 Grand Total $1,779,554.62 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 the Accounts Payable – 9:19 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 13 - Authorizing Minutes of: May 23, 2023 Work Session and Regular Meeting Vote Record - Item # 13 – May 23, 2023 Work Session and Regular Meeting – 9:19PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Item # 14 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Hill Reis and voted unanimously by all at 9:20 to adjourn the regular meeting.

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, JUNE 13, 2023, 8:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Authorizing a Modification to an Approved Site Plan for Proposed Solar Canopy and Solar Arrays at 139 Fifth Avenue 9. Resolution Authorizing Quarterly Newsletter Proposal from Harrison Edwards, Inc. 10. Other Business - Resolution Authorizing Approval of PILOT Agreement Recurring Items 11. Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 12. Authorizing Accounts Payable 13. Authorizing Minutes of: May 23, 2023 Work Session and Regular Meeting 14. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, June 27, 2023 Tuesday, July 11, 2023 (Summer Schedule) Tuesday, August 8, 2023 (Summer Schedule) Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 1 - Meeting Called to Order: Item # 2 - Pledge of Allegiance: Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☐ ☐ ☐ Deputy Mayor Carpenter ☐ ☐ ☐ Village Trustee Hill-Ries ☐ ☐ ☐ Village Trustee Eldahry ☐ ☐ ☐ Village Trustee McGreal ☐ ☐ ☐ Village Trustee Otondi ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ Village Administrator Scelza ☐ ☐ ☐ Asst. to the Village Administrator Zia ☐ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries Village Trustee Kamal Eldahry Village Trustee McGreal Village Trustee Otondi Village Trustee Solomon Deputy Mayor Carpenter Item # 5 - Village Administrator’s Report: Item # 6 - Mayor’s Report Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 7 - Public Comments Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Non-Recurring Items Item # 8 – Resolution Authorizing a Modification to an Approved Site Plan for Proposed Solar Canopy and Solar Arrays at 139 Fifth Avenue (Pelham RE Partners, LLC) Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Board of Trustees has found and determines it to be desirable to encourage property owners to improve property with environmentally sustainable uses and green infrastructure; and Whereas, the 139 Fifth Avenue property consists of two tax parcels. One parcel fronts on Fifth Avenue and is zoned Business-2, and the second parcel fronts on Fourth Avenue and is zoned Residence M; and Whereas, on February 11, 2020, the Village Board of Trustees granted P elham R E P artners, LLC (or the “applicant”), site plan approval for a mixed-use development at 139 Fifth Avenue (the “Project”) that complied with Village Code § 98-106.3 and met the requirements for the Business District Floating Zone (“BDFZ”); and Whereas, the approved development also included solar panels mounted on the roof on the approved development; and Whereas, P elham R E P artners, LLC is requesting approval of a modification to the approved site plan to install a solar canopy plus three separate arrays in the rear parking lot; and Whereas, the proposed installation is being designed for the development to achieve a net-zero status; and Whereas, the applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 139 Avenue property; and Whereas, Village Code § 98-4 authorizes the Village Board of Trustees to permit and grant approval for a modification to an approved site plan that complies with Village Code; and Whereas, P elham R E P artners, LLC has further submitted a formal Site Plan Application and Declaration of Intent to Develop that was prepared by Gallin Beeler Design Studio Architects satisfying the requirements of Village Code Chapter 79, showing the location of the proposed solar canopy and solar arrays; and Whereas, P elham R E P artners, LLC has submitted the following documents and plans in support of the application: • Proposed Site Plan A106, prepared by Gallin Beeler Design Studio of the 139 Fifth Avenue project approved by the Board of Trustees on 2-11-2020; • Site Plan A07, prepared by Gallin Beeler Design Studio, dated 1-21-2021; • Planting Plan PV-8, prepared by JMJ Contracting and Development dated 7-06-2022; • 139 Fifth Avenue S100, prepared by ENTHINK Engineering, dated 1-13-2023; • Sketch of structural members of the proposed canopy and arrays, untitled and undated; • 1 of 2 Photos of a precedent canopy structure, untitled and undated; • 2 of 2 Photos of a precedent canopy structure, untitled and undated; • Photo simulation of proposed solar canopy on the 135 Fifth Ave site, untitled and undated. Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Whereas, the Board of Trustees determined the Code of the Village of Pelham requires the proposed action be referred to the Planning Board and Architectural Review Board (“ARB”) for a recommendation and the applicant submitted the application to the Planning Board and ARB; and Whereas, on 2-21-23 and 3-21-23 the Planning Board met and reviewed the proposed application and voted to recommend approval subject to the following: 1. The proposed action should be limited to the 135 Fifth Avenue site. 2. Prior to the issuance of a building permit, the applicant should provide final construction drawings and structural specifications of the canopy and solar array. 3. Prior to the issuance of a building permit, the applicant should submit final construction drawings to the Fire Chief to ensure that the proposed structures will not impede access to the site in the case of a fire emergency. Whereas, on 2-15-23 and 4-19-23, the ARB met and reviewed the proposed solar canopy and arrays. The ARB expressed a concern with the potentially negative visual impacts on the adjacent residential neighborhood from the reflectivity of the solar panels. The ARB also felt that the proposed structures would out of the scale of the adjacent residential neighborhood. The ARB voted to send to the Village Board a recommendation against approving the proposed site plan modification; and Whereas, P elham R E P artners, LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Board of Trustees considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g) with respect to the NYS Environmentally Quality Review Act (SEQRA) and found the proposed site plan modification to be consistent with the environmental determination made on 2-11- 2020 of no significant adverse impact on the environment; and Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, and the recommendations from the Planning Board and the ARB. the Board of Trustees of the Village of Pelham finds and determines as follows: A. The proposed solar canopy and solar array satisfies the requirements for consideration under the Village Code; and B. The modification to the approved site plan is granted pursuant to this resolution and shall be conditioned on the proposed project being installed/constructed in accordance with the drawings listed above. C. Site plan approval is granted subject to the following conditions: 1. The approval is limited to the proposed solar canopy and solar at 139 Fifth Avenue only; 2. Prior to the issuance of a Building Permit, the applicant shall submit a set of signed, sealed and dated construction drawings and structural specifications showing materials, colors, height, and landscaping; 3. The solar arrays shall be treated with a nonreflective film; 4. Prior to the issuance of a Building Permit, the applicant shall submit a set of the signed, sealed and dated construction drawings to the Fire Chief for confirmation that the proposed solar canopy and solar arrays will not impede fire access to the building; 5. This modification to an approved site plan is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 the Board of Trustees of the Village of Pelham. If any of the terms 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 modification to an approved site plan 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 this modification to an approved site pan shall be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 8 – Resolution Authorizing a Modification to an Approved Site Plan for Proposed Solar Canopy and Solar Arrays at 139 Fifth Avenue (Pelham RE Partners, LLC) Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 9 – Resolution Authorizing Quarterly Newsletter Proposal from Harrison Edwards, Inc. Whereas, on Tuesday February 7, 2023, Harrison Edwards submitted a proposal and scope of services agreement to produce a 4-page digital newsletter; and Whereas, the scope of services will include a quarterly newsletter on behalf of the Village of Pelham. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to sign an agreement with Harrison Edwards for four (4) quarterly newsletters for an amount not to exceed $20,000.000. Vote Record - Item # 9 – Resolution Authorizing Quarterly Newsletter Proposal from Harrison Edwards, Inc. Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 10 – Other Business – Resolution Authorizing Approval of PILOT Agreement Whereas, in April 2017, the Village of Pelham (“Village”) Board of Trustees (“Board of Trustees”) adopted the Business Development Floating Zone (“BDFZ”) to incentivize transit-oriented development in order to revitalize the downtown business corridor and certain Village properties; and Whereas, the Board of Trustee determined that there are certain parcels of Village-owned land within the BDFZ, including the Village Fire House site at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) 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), 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 Board of Trustees 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-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 issuance of a Request for Proposals (“RFP”) and careful review and consideration, the Board of Trustees selected Pelham House, LLC as the preferred developer for the re-development of parcels in the BDFZ for essential municipal services and uses, including the development of a new Municipal Center with facilities for the Fire Department, Police Department and Village Hall offices (the “Project”); Whereas, on March 29, 2019, after careful review and consideration, the Board of Trustees selected Pelham House as the preferred developer of the Project; and Whereas, in order to foster the creation, retention and expansion of jobs and economic opportunities in connection with the Project, the Village created the Pelham Local Development Corporation (“LDC”), whose powers include purchasing, leasing, gifting, bequeathing, devising or otherwise real or personal property or interests therein within the Village; and Whereas, the Village and LDC have entered into an Amended and Restated Disposition Agreement (the "Amended LDC Agreement") dated as of September 27, 2022; and Whereas, the LDC and Pelham Green entered into an Amended and Restated Land Development Agreement dated as of October 11, 2022 (the “Amended LDA”); and Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Whereas, the Village-owned parcels, due to their municipality-owned status, are currently wholly exempt from real property taxation (hereinafter, the “PILOT Property”); and Whereas, on account of the assistance of the Westchester County Industrial Development Agency (the “IDA”) with respect to the proposed Project, and the leasehold interest it will acquire in the PILOT Property, the PILOT Property will remain wholly exempt for real property taxation: and Whereas, as a condition of the IDA's involvement and the tax-exempt status to be afforded the PILOT Property, Pelham Green is prepared to enter into an agreement with the IDA providing for the payment of monies in lieu of taxes that would otherwise be levied upon the PILOT Property during the period it is rendered tax exempt (the "PILOT Agreement"); and Whereas, the PILOT Agreement will provide for the payment of monies by Pelham Green on an annual basis to all affected taxing jurisdictions, including the Village, over a period of twenty-one (21) years after the IDA's acquisition of a leasehold interest in the PILOT Property; and Whereas, the cumulative annual payments to be made over the term of the PILOT Agreement are set forth on Schedule A hereto, which payments shall be allocated among each of the affected taxing jurisdictions (including the Village) on a pro rata basis premised upon the share of annual real property taxes that each taxing jurisdiction would otherwise levy upon the PILOT Property; and Whereas, the Board of Trustees finds and determines that the PILOT Agreement is in the best interest of the Village; and Whereas, the Board of Trustees therefore desires to authorize the Village Administrator, Village staff and counsel for the Village to execute the PILOT Agreement and to take any and all additional and necessary actions to implement the PILOT Agreement. Now, therefore, be it resolved, that the Board of Trustees hereby adopts and approves the PILOT Agreement; and Be it further resolved, that the Village Administrator is authorized to execute the PILOT Agreement; and Be it further resolved, that the Village Administrator, Village staff and counsel for the Village are hereby authorized to take any and all actions necessary to implement the PILOT Agreement. Vote Record - Item # 10 – Other Business – Resolution Authorizing Approval of PILOT Agreement Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Schedule A Year PILOT Payments Year 1 40,000 Year 2 40,000 Year 3 100,000 Year 4 600,000 Year 5 612,000 Year 6 624,240 Year 7 636,725 Year 8 649,459 Year 9 662,448 Year 10 675,697 Year 11 689,211 Year 12 702,996 Year 13 717,056 Year 14 731,397 Year 15 746,025 Year 16 760,945 Year 17 776,164 Year 18 791,687 Year 19 807,521 Year 20 823,671 Year 21 Full Taxes Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Recurring Items Item # 11 - Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Village 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 Village Administrator/ Treasurer to modify the 2023-24 Budget by making the following budget amendments and transfers (items attached hereto and made part hereof). Vote Record - Item # 11 – Authorizing Budget Amendments and Transfers for Fiscal Year 2023-24 Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 12 - Authorizing Accounts Payable Trustee Otondi is auditing 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 Deputy Village Treasurer: Fund Name: Amount General Fund (A) $1,475,160.97 Capital Projects Fund (H) $249,361.74 Trust & Agency (T) $ 53,962.50 Private Purpose Trust Fund (TE) $ 1,069.41 Grand Total $1,779,554.62 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 the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 13, 2023 Item # 13 - Authorizing Minutes of: May 23, 2023 Work Session and Regular Meeting Vote Record - Item # 13 – May 23, 2023 Work Session and Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, June 13, 2023 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 14 - Adjournment

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