Mayor & Village Board of Trustees
Regular MeetingPelham, NY · June 13, 2023
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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