Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, OCTOBER 10, 2017, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 MINUTES 1. Call To Order 2. Pledge of Allegiance 3. Roll Call 4. Mayor’s Report 5. Trustees’ Reports 6. Village Administrator’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Presentation on Actuarial Valuation under GASB # 45 by Danziger & Markhoff LLP. 9. Presentation on a Proposed Development Project at 163 Wolfs Lane 10. Discussion on Proposed Development Project at 8 Boulevard West 11. Resolution Regarding the Consideration of Federal Immigration Status in the Village of Pelham 12. Resolution Authorizing the Issuance of $3,614,500.00 in Debt Service for the Village of Pelham to Finance the Cost of Various Capital Improvement Projects (Resolutions A-E) 13. Resolution Calling for a Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator 14. Resolution Confirming the Engagement of Jackson Lewis P.C., to Provide Legal Services Related to Negotiations and Binding Interest Arbitration with the Pelham Police Benevolent Association, Inc. 15. Resolution Authorizing the Purchase of a 2018 Chevrolet Silverado 2500 for the Village of Pelham Fire Department Under the FEMA Assistance to Firefighters Grant Program 16. Resolution Appointing Village Treasurer 17. Resolution Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefit Fund 18. Other Business Recurring Items 19. Authorizing Accounts Payable 20. Authorizing the Minutes of: April 4, 2017, April 18, 2017 and May 2, 2017 21. Adjournment to Executive Session (if needed) Next Regularly Scheduled BOT Meetings: Tuesday, October 24, 2017 Tuesday, November 14, 2017 All meetings start at 7:30 p.m. unless otherwise noted. *The Agenda is subject to change.* Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 1 – Meeting called to order: The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:31 pm. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Volpe. Item # 3 – Roll Call: Present were Trustees Mullen, Potocki, Reinke, and Spira-Cohen. Trustee Ferrara was absent. Trustee Kagan arrived late. Village Administrator Gallagher and Assistant to the Village Administrator Scelza were present. Mayor’s Report: Mayor Volpe reported the Police Benevolent Association interest arbitration meeting took place last week, and the issues presented were whether active police officers should contribute to health care costs after their 4th year of employment to the date they retire, and wage increases. Mayor Volpe hopes to reach a resolution with the third party arbitrator soon, but Mayor Volpe does not expect a decision to be rendered for months. Mayor Volpe reported he was impressed with the improvements to the Highbrook Highline and Mayor Volpe thanks Eagle Scout candidate Michael Ruggiero for taking the lead on this project. Mayor Volpe announced that he released a report on recent Village accomplishments that are currently available on the website. Mayor Volpe thanks Village Administrator Gallagher and Assistant to the Village Administrator Scelza for their work in distributing it to the community. Page 2 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Trustees’ Report: Trustee Ferrara was absent. ******** Trustee Kagan arrived late. ******** Trustee Mullen reported Lieutenant Benkwitt, our current fire prevention officer, has been visiting Pelham Elementary Schools this week for Fire Prevention Week an initiative that has been going for 30 years. Trustee Mullen encourages residents to follow the Fire Department on their social media accounts (Instagram and Facebook) for updates and safety tips. ******** Trustee Potocki reported on Westchester County’s proposed changes to the bus stop locations at Lincoln Avenue and First Avenue and Lincoln Avenue and Fifth Avenue. Trustee Potocki is concerned about the proposed bus stop locations will affect the flow of traffic and eliminate parking spots in the community, so Trustee Potocki would like to work with the County suggest better locations for the bus stops. Trustee Potocki would like the Village Administrator to arrange a meeting with the County and Police Chief Benefico. Trustee Potocki asked the Village Administrator, if Mt. Vernon will address the traffic light issues near Glover Field, and the Village Administrator said he will look into this issue. ******** Trustee Reinke had no report. ******** Trustee Spira-Cohen reported the Village is conducting a field audit for the LED street light consortium, so through the consortium an engineering student will be working on a specific design for the Village. Trustee Spira-Cohen reported a representative from Solarize Westchester had presented to the Town of Pelham, so she hopes this will spur interest from the Town. Trustee Spira-Cohen will be holding a “Solarize Pelham” meeting at Village Hall on Thursday, October 19th at 8:00pm. Page 3 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Village Administrator’s Report: There was no report. Item # 7 – Public Comments There were no public comments. Page 4 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Non-Recurring Items Item # 8 – Presentation on Actuarial Valuation under GASB # 45 by Danziger & Markhoff LLP. Edward Echeverria, Senior Actuary of the firm Danziger & Markhoff, gave a report to the Board regarding its GASB # 45 obligations for the fiscal year ending May 31, 2017. Mr. Echeverria reported the Village’s annual OPEB obligation has increased slightly from $2.4 million to $2.5 million, which represents a $100,000 increase from last year. The Village’s net OPEB obligation increased from $8.8 million to $10.3 million, which represents a $1.5 million dollar increase from last year, so it is a standard progression. Mr. Echeverria reported in a couple of years a new GASB will be released, so they will be operating under the GASB # 75. Mayor Volpe reported as of June 1st the Village has 64 retirees and 61 active employees receiving medical coverage paid for by the Village, and other Board members expressed their concerns about having more retirees than active employees, but Mr. Echeverria stated that happens as a municipality matures. The Village’s unfunded accrued liability is $31 million, so Mayor Volpe inquired if local municipalities have collectively appealed to the State for some relief with the unfunded actuarial accrued liability, but Mr. Echeverria answered not to his knowledge. Mayor Volpe reported the Village contributes $1,050,000 to medical benefits, which comprises about 1/14th of the budget, so the Mayor expressed concerns about this because the gap between active and retiree will only continue to grow. Page 5 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 9 - Presentation on a Proposed Development Project at 163 Wolfs Lane Vivian Lee, the President of Concrete Ventures, presented her plan for a 28 rental unit residential development at the Citgo gas station, 163 Wolfs Lane, and since the last meeting with the Board, she has been working diligently with architect Ray Beeler. Concrete Venture now owns the property at 163 Wolfs Lane, and they commissioned a review of the sewer pipe to determine its capacity for the proposed development project. Mayor Volpe asked the Architect of the project, Ray Beeler, about the commercial component of the building, but Mr. Beeler stated the Business Development Floating Zone (BDFZ) overlay guidelines would require a commercial component if they were building 6 floor levels, but they will only have 5 floor levels with 28 units. Mr. Beeler stated one of the plan schemes would only allow for 25 parking spaces, so to reach 28 parking spaces they would need a retaining wall; the other plan scheme would only allow for 24 spaces without a retaining wall. Mayor Volpe stated under the BDFZ, there is an option to contribute to a parking fund to help establish parking alternatives when a developer cannot meet the 1 parking space per unit requirement. Trustee Kagan advised Mr. Beeler to keep the mature trees surrounding the building, so the view of nearby residents will not be compromised. Trustee Mullen asked Mr. Beeler if the plans can be amended to include senior housing or perhaps a mixed use commercial building, but Mr. Beeler stated they are considering these options, it is just a matter of the project’s viability. Mayor Volpe referred the plans to the planner, Nanette Bourne from AKRF, so Ms. Bourne can delineate the issues with their proposal, and then Mayor Volpe will meet with Ms. Lee and Mr. Beeler to discuss these issues. Mayor Volpe would like to see a commercial component to their plan along with an underground parking garage or some other parking alternatives. Trustee Kagan advised Mr. Beeler to review the Village of Pelham’s Comprehensive Plan in regards to walkability, as the three contiguous auto service stations create a large break in the street wall, which deter from the pedestrian experience; Trustee Kagan also suggested to Mr. Beeler to amend their plan to include 25 rental units, so they can overcome their parking deficiencies. Mayor Volpe endorsed Trustee Kagan’s suggestion that 25 rental units along with a commercial component would work in the developer’s favor. John Cassone, 312 7th Avenue, suggested to Mr. Beeler to install a door/gate in front of the parking garage as a safety measure because of its proximity to the Pelham Picture House and burglaries in the area. Page 6 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 10 - Discussion on Proposed Development Project at 8 Boulevard West Jonathan Kraut, from Harfenist, Kraut, & Perlstein, LLP, representing Elk Homes Partners II LP, stated the design team of Gallin Beeler Design Studio addressed the concerns from the Planning Board and the Architectural Review Board. Mr. Kraut believes their site plan proposal is complete and they are ready for a public hearing, which will be the best forum to have this conversation. Mayor Volpe reviewed the materials and stated there are three issues: lot coverage, utility services, and the set back; Mr. Kraut answered they are adhering to the 80% lot coverage requirement under the BDFZ, Suez is required to serve the property, and the setback is compliant with the statute. Gary Hirsch, chairman of Elk Homes, stated the tower space will provide the community space (gym, patio) that the BDFZ encourages, and Elk Homes has made the necessary revisions as specified by the land use boards. Mr. Hirsch stated he will work in tandem with the project manager of the Third Street Bridge project to ensure the flow of traffic during the construction phase of the project. Mayor Volpe stated the goal of the BDFZ was to increase the non-homestead side of the tax equation to lessen the burden on the homestead properties, so Mayor Volpe would like to open the public hearing on 8 Boulevard West at the next Board of Trustees meeting on Tuesday, October 24th. Motion by: Trustee Potocki Seconded by: Trustee Kagan Vote: 6-0 Absent: Trustee Ferrara Page 7 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 11 – Consideration of Federal Immigration Status in the Village of Pelham Mayor Volpe stated the Pelham Police Department has drafted its internal guideline consistent with Village’s draft resolution. Mayor Volpe, Trustee Kagan, and Trustee Mullen met with Police Chief Benefico to discuss the Board’s concerns about the removal and return language in section B of the draft resolution, and amended it to include a set factors for detainer such as an individual being on a terrorist watch list or being accused or convicted of violent felony. Trustee Kagan and Trustee Mullen learned from their conversation with Police Chief Benefico that the Police do not have information on a person’s conviction status until they have been arrested, so the text was revised to address the operational police challenges. The ICE or CBP requests for sensitive information or detainer requests will be processed in coordination with the police chief, police lieutenant, village administrator, and the village attorney. Mayor Volpe stated this resolution will apply to all departments in the Village, and the Board shall vote on the immigration resolution at the next Board of Trustees meeting on Tuesday, October 24th. Page 8 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 12 – Authorizing the Issuance of $3,614,500.00 in Debt for the Village of Pelham to Finance the Cost of Various Capital Improvement Projects (Resolutions A-E) Bond Resolutions B-E are subject to a permissive referendum pursuant to Section 36.00 of the Local Finance Law, but Bond A is not subject to a permissive referendum it has a period of probable usefulness of 5 years or less. A permissive referendum gives the general public the right to decide on a legislation issue in gathering petitions of 20 percent of the qualified registered voters protesting and it may be filed with the Village Clerk at any time within 30 days after the date of the adoption of such resolution. Mayor Volpe assured the Board that passing the bond resolutions just authorizes the maximum issuance of the $3.6 million, but it does not commit the Board to anything. BOND RESOLUTION A (5 YEAR PERIOD OF PROBABLE USEFULNESS) BOND RESOLUTION, DATED OCTOBER 10, 2017, AUTHORIZING THE ISSUANCE OF UP TO $171,500.00 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF MOTOR VEHICLES FOR THE VILLAGE Whereas, the Board of Trustees of the Village of Pelham (the “Village”), located in the County of Westchester, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of motor vehicles for the Village, including any preliminary and incidental costs related thereto, at a total cost not to exceed $171,500, all in accordance with the Local Finance Law; Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $171,500, pursuant to the Local Finance Law, in order to finance the acquisition of motor vehicles for the Village, including any preliminary and incidental costs related thereto (the “Project”). Section 2. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is five (5) years. The serial bonds authorized herein shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $171,500; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the Page 9 Board of Trustees Regular Meeting Tuesday, October 10, 2017 obligations authorized herein may not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs of the Project for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer. Section 5. Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby Page 10 Board of Trustees Regular Meeting Tuesday, October 10, 2017 determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution shall take effect immediately upon its adoption by the Board of Trustees of the Village. Motion by: Trustee Mullen Seconded by: Trustee Reinke Vote: 6-0 Absent: Trustee Ferrara BOND RESOLUTION B (10 YEAR PERIOD OF PROBABLE USEFULNESS) Page 11 Board of Trustees Regular Meeting Tuesday, October 10, 2017 BOND RESOLUTION, DATED OCTOBER 10, 2017, AUTHORIZING THE ISSUANCE OF UP TO $1,970,000.00 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE CONSTRUCTION AND RECONSTRUCTION OF PARKING IMPROVEMENTS RESPECTING THE EXISTING PARKING GARAGES, (II) THE ACQUISITION OF A POLICE GENERATOR, AND (III) THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALK IMPROVEMENTS, ALL IN AND FOR THE VILLAGE. Whereas, the Board of Trustees of the Village of Pelham (the “Village”), located in the County of Westchester, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the construction and reconstruction of parking improvements respecting the existing parking garages ($1,700,000.00), (ii) the acquisition of a police generator ($20,000.00), and (iii) the construction and reconstruction of sidewalks improvements ($250,000.00), all in and for the Village, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $1,970,000, all in accordance with the Local Finance Law; Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $1,970,000.00, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized herein for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The construction and reconstruction of parking improvements respecting the existing parking garages, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $1,700,000.00, for which $1,700,000.00 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The acquisition of a police generator, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $20,000.00, for which $20,000.00 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to Page 12 Board of Trustees Regular Meeting Tuesday, October 10, 2017 subdivision 5 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (c) The construction and reconstruction of sidewalks improvements, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $250,000.00, for which $250,000.00 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $1,970,000.00; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs of the Project for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer. Section 5. Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general Page 13 Board of Trustees Regular Meeting Tuesday, October 10, 2017 circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Page 14 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Motion by: Trustee Kagan Seconded by: Trustee Potocki Vote: 6-0 Absent: Trustee Ferrara BOND RESOLUTION C (15 YEAR PERIOD OF PROBABLE USEFULNESS) BOND RESOLUTION, DATED OCTOBER 10, 2017, AUTHORIZING THE ISSUANCE OF UP TO $573,000.00 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE CONSTRUCTION AND RECONSTRUCTION OF STREET IMPROVEMENTS AND (II) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE, ALL IN AND FOR THE VILLAGE. Whereas, the Board of Trustees of the Village of Pelham (the “Village”), located in the County of Westchester, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the construction and reconstruction of street improvements ($500,000.00) and (ii) the acquisition of machinery and apparatus for construction and maintenance ($73,000.00), all in and for the Village, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $573,000.00, all in accordance with the Local Finance Law; Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $573,000.00, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds Page 15 Board of Trustees Regular Meeting Tuesday, October 10, 2017 authorized herein for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The construction and reconstruction of street improvements, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $500,000.00, for which $500,000.00 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The acquisition of machinery and apparatus for construction and maintenance, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $73,000.00, for which $73,000.00 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $573,000.00; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs of the Project for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer. Page 16 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Section 5. Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made Page 17 Board of Trustees Regular Meeting Tuesday, October 10, 2017 by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Motion by: Trustee Reinke Seconded by: Trustee Mullen Vote: 6-0 Absent: Trustee Ferrara BOND RESOLUTION D (20 YEAR PERIOD OF PROBABLE USEFULNESS) BOND RESOLUTION, DATED OCTOBER 10, 2017, AUTHORIZING THE ISSUANCE OF UP TO $690,000.00 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION OF A FIRE-FIGHTING VEHICLE AND APPARATUS AND (II) THE ACQUISITION OF TRAFFIC SIGNAL SYSTEMS, FOR THE VILLAGE. Whereas, the Board of Trustees of the Village of Pelham (the “Village”), located in the County of Westchester, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of a fire-fighting vehicle and apparatus ($650,000.00) and (ii) the acquisition of traffic signal systems ($40,000.00), for the Village, including any preliminary and incidental costs related thereto, at a total cost not to exceed $690,000.00, all in accordance with the Local Finance Law; Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows: Page 18 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized herein for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of a fire-fighting vehicle and apparatus for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $650,000.00, for which $650,000.00 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The acquisition of traffic signal systems for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $40,000, for which $40,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $690,000.00; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs of the Project for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, Page 19 Board of Trustees Regular Meeting Tuesday, October 10, 2017 representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer. Section 5. Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of Page 20 Board of Trustees Regular Meeting Tuesday, October 10, 2017 the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Motion by: Trustee Potocki Seconded by: Trustee Mullen Vote: 6-0 Absent: Trustee Ferrara BOND RESOLUTION E (30 YEAR PERIOD OF PROBABLE USEFULNESS) BOND RESOLUTION, DATED OCTOBER 10, 2017, AUTHORIZING THE ISSUANCE OF UP TO $210,000.00 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION AND INSTALLATION OF (I) A FILL STATION AND (ii) LED STREET LIGHTING, IN AND FOR THE VILLAGE. Whereas, the Board of Trustees of the Village of Pelham (the “Village”), located in the County of Westchester, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of (i) a fill station ($60,000.00) and (ii) LED Street Lighting ($150,000.00), in and for the Village, including any preliminary and incidental costs related thereto, at a total cost not to exceed $210,000.00, all in accordance with the Local Finance Law; Page 21 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $210,000.00, pursuant to the Local Finance Law, in order to finance the acquisition of (i) a fill station ($60,000.00) and (ii) LED Street Lighting ($150,000.00), in and for the Village, including any preliminary and incidental costs related thereto (the “Project”). Section 2. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 5 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is thirty (30) years. The serial bonds authorized herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $210,000.00; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs of the Project for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer. Section 5. Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of Page 22 Board of Trustees Regular Meeting Tuesday, October 10, 2017 bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure Page 23 Board of Trustees Regular Meeting Tuesday, October 10, 2017 compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution is subject to a permissive referendum and will take effect upon its adoption by the Board of Trustees of the Village and the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk. Motion by: Trustee Spira-Cohen Seconded by: Trustee Reinke Vote: 6-0 Absent: Trustee Ferrara Page 24 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 13 – Calling for a Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator Trustee Kagan would like to bundle the public notices scheduled for October 24th (8 Boulevard West and Local Law No. 5 of 2017) to get a discounted rate. Resolution Calling for a Public Hearing on Local Law No. 5 of 2017 to Amend Chapter 2 of the Village Code Regarding the Village Administrator Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to revise Chapter 2 concerning the Village Administrator to conform the terms of that Chapter with the definition provisions of the Village Code and to create the position of Assistant Village Administrator. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, October 24, 2017 at 7:30 pm or soon thereafter at Village Hall, 195 Sparks Avenue, Pelham NY 10803 on a proposed local law amending Chapter 2 of the Village Code regarding the Village Administrator; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Motion by: Trustee Reinke Seconded by: Trustee Spira-Cohen Vote: 6-0 Absent: Trustee Ferrara Page 25 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 14 – Confirming the Engagement of Jackson Lewis P.C., to Provide Legal Services Relating to Negotiations and Binding Interest Arbitration with the Pelham Police Benevolent Association, Inc. Trustee Kagan stated the Village already had a retainer for the legal services, but this is for the data analytics Jackson provided in connection with the police arbitration. Resolution Confirming the Engagement of Jackson Lewis P.C., to Provide Legal Services Relating to Negotiations and Binding Interest Arbitration with the Pelham Police Benevolent Association, Inc. Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Confirmation of Engagement and Fee Agreement between the Village of Pelham and Jackson Lewis P.C., to provide legal services relating to negotiations and binding interest arbitration with the Pelham Police Benevolent Association, Inc.; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution. Motion by: Trustee Kagan Seconded by: Trustee Reinke Vote: 6-0 Absent: Trustee Ferrara Page 26 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 15 – Authorizing the Purchase of 2018 Chevrolet Silverado 2500 for the Village of Pelham Fire Department under the FEMA Assistance to Firefighters Grant Program Trustee Mullen reported additional “loose” equipment will need to be purchased to install in the fire truck, such as an extraction device, radios, hazardous materials, etc. that will cost approximately $40,000. Resolution Authorizing the Purchase of a 2018 Chevrolet Silverado 2500 for the Village of Pelham Fire Department under the FEMA Assistance to Firefighters Grant Program Whereas, the Village of Pelham has been awarded an Assistance to Firefighters Grant by the Federal Emergency Management Agency in the amount of $101,905.00 for the acquisition of a vehicle; and Whereas, it is the recommendation of the Fire Chief to purchase a 2018 Chevrolet Silverado 2500 4x4 from Vance Chevrolet c/o The Cruisers Division in the amount of $35,250.50; and Whereas, Vance Chevrolet holds a current Westchester County Contract for this product under contract award number RFB-WC-15304; and Whereas, additional equipment is necessary to meet the needs of the Fire Department and is available from The Cruisers Division in the amount of $29,751.86 (i.e. Emergency Lighting and Radio Equipment). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the purchase of a 2018 Chevrolet Silverado 2500 in an amount not to exceed $65,002.36 from Vance Chevrolet c/o The Cruisers Division from Westchester County Contract to be funded from G/L # H.3410.205; and Be it further resolved, that the Mayor, Fire Chief and Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution. Motion by: Trustee Mullen Seconded by: Trustee Spira-Cohen Vote: 6-0 Absent: Trustee Ferrara Page 27 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 16 – Appointing Village Treasurer Mayor Volpe stated under the law, the Village is required to have a treasurer. Mayor Volpe stated in this community the role of the Treasurer has been combined with the Village Administrator position, but the Village Administrator/Treasurer will have support. Resolution Appointing Village Treasurer Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of John Gallagher of Pelham, NY to the position of Village Treasurer, effective Tuesday, October 10, 2017 for the ensuing Fiscal Year pursuant to Village Law § 4-408. Motion by: Trustee Reinke Seconded by: Trustee Kagan Vote: 6-0 Absent: Trustee Ferrara Page 28 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 17 – Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefit Fund Resolution Authorizing the Renewal of an Agreement for Dental and Vision Coverage with the CSEA Employee Benefit Fund Whereas, there is a signed Collective Bargaining Agreement with the Department of Public Works and Parking Enforcement Officers that provides that the Village of Pelham (hereinafter “Village”) will furnish Dental and Vision Insurance coverage through the CSEA Employee Benefit Fund to certain employees; and Whereas, the CSEA Employee Benefit Fund has proffered a Renewal Agreement concerning Dental and Vision Plan Benefits for the period of June 1, 2016 through May 31, 2020. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor to execute the attached Renewal Agreement between the Village of Pelham and the CSEA Employee Benefit Fund to provide Dental and Vision Plan Benefits for the period of June 1, 2016 through May 31, 2020; and Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary steps to effectuate the intent of this resolution. Motion by: Trustee Kagan Seconded by: Trustee Spira-Cohen Vote: 6-0 Absent: Trustee Ferrara Page 29 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 18 – Other Business Mayor Volpe stated that the Board will be talking about parking offline. Led Street Light Consortium Trustee Spira-Cohen reported for the Village to participate in the LED street light consortium, the Village will need to adopt a local law authorizing the use of the Best Value purchasing option. “Best Value” means awarding a contract which over the course of several years may prove to be the most cost-effective option, but which, at the time the purchase may have a higher price than other competitors. A resolution to call for a public hearing on a local law to permit the use of best value methodology will be added to the agenda for the next Board of Trustees meeting on Tuesday, October 24th. Page 30 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Recurring Items Item # 19 - Authorizing the Accounts Payable Trustee Reinke audited the Accounts Payable. A brief discussion took place on vouchers #9415, #9416, #9417. Resolution Authorizing the Accounts Payable Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees 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 Deputy Village Treasurer: Fund Name: Amount General Fund $89,666.81 Capital Projects Fund $12,455.00 Trust and Agency Fund $2,205.00 TE Private Purpose Trust Fund $0.00 Grand Total $104,326.81 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Motion by: Trustee Spira-Cohen Seconded by: Trustee Potocki Vote: 6-0 Absent: Trustee Ferrara Page 31 Board of Trustees Regular Meeting Tuesday, October 10, 2017 Item # 20 – Authorizing the Minutes of: April 4, 2017, April 18, 2017 and May 2, 2017 April 4, 2017 April 18, 2017 May 2, 2017 Motion by: Trustee Reinke Seconded by: Trustee Kagan Vote: 4-0-2 Absent: Trustee Ferrara Abstentions: Trustee Spira-Cohen and Trustee Potocki Item # 21 – Adjournment to Executive Session (if needed) The public portion of the Board meeting was adjourned at 9:51 pm to enter into Executive Session to discuss a personnel matter after which time the Board would adjourn for the evening. Page 32