Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES SPECIAL MEETING MINUTES MONDAY, NOVEMBER 18, 2024, 6:23 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 Non-Recurring Items 4. Resolution Authorizing Relocation and Settlement Agreements with T-Mobile, Successor in Interest to Metro PCS New York, LLC. 5. Resolution Authorizing Relocation and Settlement Agreements with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless 6. Resolution to Adopt a Report and Order to Authorize, Condition and Grant the Modification of Two Existing Chapter 87 Wireless Facility Permits Consistent with Village Code Next Regularly Scheduled BOT Meetings: Tuesday, November 26, 2024 Tuesday, December 10, 2024 (Note: Organizational Meeting) Village Board of Trustees Special Meeting Monday, November 18, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 6:23 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 6:23 PM. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☒ ☐ ☐ Village Trustee Mohan ☐ ☒ ☐ Village Trustee Otondi (Virtual) ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Village Board of Trustees Special Meeting Monday, November 18, 2024 Non-Recurring Items Item # 4 – Resolution Authorizing Relocation and Settlement Agreements with T-Mobile, Successor in Interest to Metro PCS New York, LLC. Whereas, the Village of Pelham (“Village”), leased to Metro PCS New York, LLC (“Metro PCS”), the predecessor-in-interest to T-Mobile, a portion of the certain real property and building commonly known the Village fire department building at 217-219 Fifth Avenue, Pelham, New York 10803, located in the Village of Pelham, Town of Pelham, County of Westchester, State of New York (“Property”) in accordance with that certain Communications Site Lease Agreement, dated March 3, 2008 and expiring May 19, 2033 (the “Lease Agreement”) for the installation and operation of a wireless communications facility (“Lessee’s Facilities”); and Whereas, the Lease Agreement was authorized by the Board of Trustees of the Village by Resolution dated October 7, 2007; and Whereas, under and pursuant to the Lease Agreement, Tenant has been operating its Lessee’s Facilities and providing services to customers in the Village and area surrounding the Site since 2008; and Whereas, the Village issued a Request for Proposals on February 14, 2018, for redevelopment of the Site and adjacent parcels of property owned by the Village (Section 163.36, Block 2, Lots 19, 23 and 24) (“Redevelopment Site”) into a mixed-use development; and Whereas, the Village acting through the Pelham Local Development Corporation (“PLDC”) entered into a Land Development Agreement (“LDA”), dated January 7, 2021, and a Land Disposition Agreement (“LDC”) dated January 21, 2021, with Pelham House LLC for the Redevelopment Site, which LDA and LDC were subsequently assigned to Pelham Green LLC (“Pelham Green”); and Whereas, on April 29, 2021, the Village notified the Tenant that the “Village firehouse is structurally deficient and in need of replacement. Pursuant to a Land Development Agreement between Pelham Local Development Corporation and Pelham House, LLC, the Village firehouse will be demolished and replaced at another location”; and Whereas, since May of 2021, Village and Tenant have engaged in good faith negotiations regarding the identification of a relocation site and potential terms and conditions for relocation of the Lessee’s Facilities; and Whereas, the Village, T-Mobile and Pelham Green have identified temporary and permanent relocation sites for the Lessee’s Facilities on the Redevelopment Site (“Relocation Site”) on which Pelham Green is constructing a mixed-use multi story building, which building will be constructed in phases (“Relocation Building”); and Whereas, on December 21, 2023, the Village authorized Tenant “to stop paying rent starting January 1, 2024” under the Lease Agreement and to “accrue as a credit towards the Village’s reimbursement of [Tenant’s] reasonable relocation expenses subject to the parties reaching an agreement on the relocation/lease amendment to be finalized” (“Rent Credit”); and Village Board of Trustees Special Meeting Monday, November 18, 2024 Whereas, prior to the commencement of the Demolition Work, the Lessee’s Facilities will be relocated to the Relocation Site and operational, initially to a new temporary tower location (the “Temporary Relocation”); and Whereas, Lessee’s Facilities will then be relocated to a final permanent location on the Relocation Building (the “Permanent Relocation”) in accordance with the terms and conditions contained in greater detail in the Relocation and Settlement Agreements, including reimbursing T-Mobile for all costs associated with engineering, leasing, permitting, removing, relocating (including delivery of a commercially reasonable lease for the Temporary Relocation and Permanent Relocation), constructing and reconnecting T-Mobile’s Lessee’s Facilities and its network operations before, during and after the Demolition Work, for both the Temporary Relocation and Permanent Relocation of the Facilities to the extent provided in the Agreements. Now, therefore, be it resolved, that the Village Administrator is hereby authorized to enter into a Relocation Agreement and a Settlement Agreement which are substantially similar if not identical to those agreements attached hereto as Exhibits 1 and 2 and incorporated by reference. Vote Record - Item # 4 – Resolution Authorizing Relocation and Settlement Agreements with T-Mobile, Successor in Interest to Metro PCS New York, LLC. – 6:38 PM Village of Pelham Board of Trustees Special Meeting Monday, November 18, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Special Meeting Monday, November 18, 2024 Item # 5 - Resolution Authorizing Relocation and Settlement Agreements with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless Whereas, the Village of Pelham (“Village”), leased to New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless (“AT&T Wireless or Tenant”), the successor-in-interest to Cellular Telephone Company a portion of the certain real property and building commonly known the Village fire department building at 217-219 Fifth Avenue, Pelham, New York 10803, located in the Village of Pelham, Town of Pelham, County of Westchester, State of New York (“Property”) in accordance with that certain Communications Site Lease Agreement, dated as of June 27, 2006, and that Second Amendment to Lease Agreement dated as of December 10, 2015 (collectively, the "Agreement") for the installation and operation of a wireless communications facility (“Lessee’s Facilities”); and Whereas, the Lease Agreement was authorized on October 30, 1996 by the Zoning Board of Appeals of the Village of Pelham (the “ZBA”) permitting AT&T Wireless to site certain wireless telecommunications facilities on the Village firehouse; and Whereas, under and pursuant to the Lease Agreement, Tenant has been operating its Lessee’s Facilities and providing services to customers in the Village and area surrounding the Site since approximately 1996; and Whereas, the Village issued a Request for Proposals on February 14, 2018 for redevelopment of the Site and adjacent parcels of property owned by the Village (Section 163.36, Block 2, Lots 19, 23 and 24) (“Redevelopment Site”) into a mixed-use development; and Whereas, the Village acting through the Pelham Local Development Corporation (“PLDC”) entered into a Land Development Agreement (“LDA”), dated January 7, 2021, and a Land Disposition Agreement (“LDC”) dated January 21, 2021, with Pelham House LLC for the Redevelopment Site, which LDA and LDC were subsequently assigned to Pelham Green LLC (“Pelham Green”); and Whereas, on April 29, 2021, the Village notified the Tenant that the “Village firehouse is structurally deficient and in need of replacement. Pursuant to a Land Development Agreement between Pelham Local Development Corporation and Pelham House, LLC, the Village firehouse will be demolished and replaced at another location”; and Whereas, since May of 2021, Village and Tenant have engaged in good faith negotiations regarding the identification of a relocation site and potential terms and conditions for relocation of the Lessee’s Facilities; and Whereas, the Village, AT&T Wireless and Pelham Green have identified temporary and permanent relocation sites for the Lessee’s Facilities on the Redevelopment Site (“Relocation Site”) on which Pelham Green is constructing a mixed-use multi story building, which building will be constructed in phases (“Relocation Building”); and Whereas. on December 21, 2023, the Village authorized Tenant “to stop paying rent starting January 1, 2024” under the Lease Agreement and to “accrue as a credit towards the Village’s reimbursement of [Tenant’s] reasonable relocation expenses subject to the parties reaching an agreement on the relocation/lease amendment to be finalized” (“Rent Credit”); and Village Board of Trustees Special Meeting Monday, November 18, 2024 Whereas, prior to the commencement of the Demolition Work, the Tenant’s Facilities will be relocated to the Relocation Site and operational, initially to a new temporary tower location (the “Temporary Relocation”); and Whereas, Tenant’s Facilities will then be relocated to a final permanent location on the Relocation Building (the “Permanent Relocation”) in accordance with the terms and conditions contained in greater detail in the Relocation and Settlement Agreements, including reimbursing AT&T Wireless for all costs associated with engineering, leasing, permitting, removing, relocating (including delivery of a commercially reasonable lease for the Temporary Relocation and Permanent Relocation), constructing and reconnecting AT&T Wireless’ Facilities and its network operations before, during and after the Demolition Work, for both the Temporary Relocation and Permanent Relocation of the Facilities to the extent provided in Agreements. Now, therefore, be it resolved, that the Village Administrator is hereby authorized to enter into a Relocation Agreement and a Settlement Agreement which are substantially similar, if not identical to, those agreements attached hereto as Exhibits 1 and 2 and incorporated by reference. Vote Record - Item # 5 – Resolution Authorizing Relocation and Settlement Agreements with New Cingular Wireless PCS, LLC, d/b/a AT&T Wireless – 6:39 PM Village of Pelham Board of Trustees Special Meeting Monday, November 18, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Special Meeting Monday, November 18, 2024 Item # 6 - Resolution to Adopt a Report and Order to Authorize, Condition and Grant the Modification of Two Existing Chapter 87 Wireless Facility Permits Consistent with Village Code Introduction Whereas, the Telecommunications Act of 1996 affirmed the authority of the Village of Pelham with respect to the placement, construction and modification of wireless telecommunications facilities. Whereas, in adopting Chapter 87 of the Village Code and this Resolution, it is the intent of the Village to protect and promote the health, safety and general welfare of its residents, in a manner consistent with the Telecommunications Act of 1996, by establishing an orderly process for regulating the siting of wireless telecommunications facilities while balancing the need for adequate service levels. Whereas, Chapter 87, sets the process by which the Village will consider requests to site wireless telecommunications facilities and to establish standards for the safe provision of wireless telecommunications facilities within the Village, consistent with applicable state and federal law, which will minimize the adverse impact of wireless telecommunications facilities through proper design, site placement, height limitation and vegetative screening, and thereby will retain the residential character of the Village, will promote the safety and welfare of Village residents, will maintain property values and will encourage the shared use of wireless telecommunications facilities. Whereas, as noted in Chapter 87, the Village will give consideration to the Comprehensive Plan, and Zoning Map, in approving sites for the location of wireless telecommunications facilities. Whereas, in the current matter before the Village Board, the two requests arise as a result of the Village Comprehensive Plan. Applications Whereas, before the Village Board is a case of first impression under Chapter 87 (Wireless Telecommunications Facilities) of the Village Code. Whereas, Applicants (T-Mobile and AT&T) are each seeking Village Board approval to modify an existing wireless facility permit pursuant to Chapter 87, Section 7 of the Village Code. Whereas, the Village Board has addressed new site requests under Chapter 87-6 and these are the first applications before this Village Board requesting a material modification of an existing permit for facilities that were deployed prior to the Village’s adoption of Chapter 87 in 2014. Whereas, the requested modifications arise as a result of Village’s actions in pursuit of its Comprehensive Plan, in furtherance of community and economic development, including the removal of the Village’s firehouse on which the Applicants’ facilities are currently deployed. Whereas, because of the unique circumstances and the leases between the Village and each carrier, the Village has agreed to reimburse the carriers for their relocation expenses from the firehouse to Pelham Green (“Relocation Site”). Whereas, in an effort to further accommodate the Village’s development plans and timetable, Applicants will need to make an interim move to a temporary tower at the relocation site, and then move to permanent installation at the Relocation Site. Village Board of Trustees Special Meeting Monday, November 18, 2024 Whereas, this Resolution establishes the Chapter 87 regulatory terms and conditions for both the permanent relocation site to the Relocation Site’s roof, and the temporary tower at the Relocation Site until the roof of the development is complete. Now, therefore, the Village Board makes the following findings and determinations: Applicable Review Standard A. As a preliminary matter, the Village Board finds that the Applications of T-Mobile and AT&T, attached hereto as Exhibits A and B respectively, document sufficiently that each existing site at the time of this application is in compliance with the Village’s Code and therefore entitled to have their application reviewed under Chapter 87-7. Mandatory Elements of Chapter 87-7 B. That Chapter 87 provides the Village Board with wide latitude in determining the eligibility of an application for a modification and that a modification can be granted if the application complies with Section 87-7A which requires the Applicant to provide the Village Board: (1) The name of the permit holder. (2) The date on which the original permit was granted and any date(s) on which the permit was renewed. (3) If the wireless telecommunications facility has been modified since the original permit was granted, a statement of the manner in which the wireless telecommunications facility was modified and proof that the modification was authorized by the Board of Trustees. (4) Certification that the wireless telecommunications facility complies with the existing permit and all applicable statutes, laws, rules and regulations. (5) Certification by a professional engineer licensed by the State of New York with expertise in structural engineering that the support structure or attachment structure is structurally sound and continues to satisfy the requirements of § 87-6A(6), as well as all applicable local, state and federal structural requirements. (6) Proof that the wireless telecommunications facility continues to fill a significant gap in current wireless telecommunications services in the Village of Pelham, in accordance with § 87-8A. (7) Proof that the wireless telecommunications facility continues to be the least intrusive means of filling the significant gap in current wireless telecommunications services in the Village of Pelham, in accordance with § 87-8B. C. FINDING: Upon review of both Applications, the Village Board finds that the mandatory terms of Chapter 87-7 are met. Mandatory Elements of Chapter 87-8 D. In addition to the mandatory obligations found in 87-7, the Village Code at 87-81 imposes obligations on Applicants, regardless of their status requesting permission for a new site or for modifications of an existing site. 1 The Code provides: “The following standards will apply to an application for a permit under this chapter.” Village Board of Trustees Special Meeting Monday, November 18, 2024 E. The Village Board, based on representations made in both Applications, as well as based on research conducted by an independent engineering firm commissioned by the Village during the relocation process, finds that both Applications: 1. Fill a significant gap in current wireless telecommunications services in the Village of Pelham that would result should either or both existing sites be discontinued; 2. Are the least intrusive means to fill the identified gap. 3. Meet the operation and security obligations as outlined in 87-8C of the Code, namely: • the deployments, as proposed in each Application will minimize noise and traffic to surrounding areas and ensure the security of the facility. • protect against unauthorized access and • guard against use ancillary to the wireless telecommunications facility is taking place. 4. The Applications further provide compliance with 87-8 by demonstrating that the modified sites will • Be in compliance with all applicable RF emissions standards at all times, and • Comply with collocation and use of existing structure. F. Because of the construction sequencing associated with the new developments that are proximate to the Relocation Site, the facilities will be deployed first on a temporary tower and then permanently on the Relocation Site’s roof necessitating the requested and documented height required to meet the significant gap loss of these sites might otherwise generate, but are deployed at the lowest possible elevation to achieve the least intrusive visual impact, but ensuring compliance with RF standards. G. Because the Village Board is approving two respective rooftop deployments, the Village Board finds that set back, landscaping and access issues are addressed. H. Nothing in this Order shall be read as excusing either Applicant from being in compliance with all lighting and signage models. I. FINDING: Upon review of both Applications, the Village Board finds that the mandatory terms of Chapter 87-8 are met. Optional Obligations of Chapter 87-10 A, C & F J. In addition to Chapter 87-7 and 87-8, the Village Code imposes a number of optional obligations under Chapter 87-10A, C, and F. K. The Village Board finds that waivers of these requirements are in the best interest of the residents of the Village for the first five-year term of the granted Permits. Village Board of Trustees Special Meeting Monday, November 18, 2024 L. Nothing in this Order, however, should be read as excusing any party from complying with any contractual obligations included in the governing real estate documents between the Applicants and Relocation Site owner, documents that have been reviewed by the Village as part of its relocation obligations. M. FINDING: Upon review of both Applications, and for good cause shown, the Village Board waives the following obligations: • 10A RF compliance funds --- waiver requested as move is made at direction of Village for first 10 years. • 10C Compliance with law • 10F Performance Bond (10 F) Mandatory Obligations of Chapter 87-10 D & E N. Finally, the Village Board finds that both Applicants have met the mandatory obligations of Chapter 87-10D (Insurance) and 87-10E (Indemnification). Conditions O. This Chapter 87 permit allows the permit holder to make subsequent modifications to the wireless telecommunications facility that qualify as an eligible facilities request under federal regulations upon notice to the Village and without the requirement for further applications to the Board of Trustees; but this condition shall not relieve either Applicant of its obligation to apply for and obtain permits, authorizations or inspections required from other Village departments in connection with future modifications, including but not limited to a building permit for such future modifications. Ordering Clauses In light of the above, it is therefore Ordered and resolved by the Village Board that: 1) As part of this Record, the SEQRA findings and EIS previously adopted for the Relocation Site by the Village Board are incorporated by reference (Pelham Green’s redevelopment on September 27, 2022) and the Village Board finds that this action was contemplated as part of the EIS and SEQRA review, and to the extent necessary these findings as related to the Chapter 87 permit review adopted pursuant to the SEQRA regulations. 2) The current and future modifications set forth in the Applications are authorized by Section 87-10(B) of the Village Code and were contemplated by the Village Board when it approved the Pelham Green redevelopment. 3) Modification of the existing permits held by Applicants to move from the Firehouse to the Relocation Site and then to further modify the temporary location to permanent locations at the Site as set forth in the plans included in this application pursuant to Section 87-7 of the Village Code are approved; Village Board of Trustees Special Meeting Monday, November 18, 2024 4) Procedural or substantive waivers from Chapter 87 requirements as may be necessary to implement the modifications as authorized pursuant to Section 87-5(E) of the Village Code are authorized; and 5) The Village’s building inspector or their designee shall issue building permits first for the temporary facilities outlined in the Applications and then updated permits for the relocation at the Site to permanent locations provided the building permit application plans are consistent with the plans contained in each Village Board application. Vote Record - Item # 6 – Resolution to Adopt a Report and Order to Authorize, Condition and Grant the Modification of Two Existing Chapter 87 Wireless Facility Permits Consistent with Village Code – 6:40 PM Village of Pelham Board of Trustees Special Meeting Monday, November 18, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 7 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee McGreal, voted unanimously by all at 6:40 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Village Clerk