Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, AUGUST 13, 2019, 7:30 PM VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803 AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments # Agenda Items: Non-Recurring Items 8. Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 14, 2019 9. Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 139 Fifth Avenue 10. Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 163 Wolfs Avenue 11. Discussion of WXY School Impact Study 12. Resolution Pursuant To The New York State Environmental Quality Review Act (SEQRA), The General Municipal Law, The Westchester County Administrative Code And The Code of The Village Of Pelham Regarding Amending Chapter 98 of the Code of The Village of Pelham to add a Proposal Local Law Regarding Required Mitigation of Impacts of Proposed Development in the Village of Pelham 13. Public Hearing on Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham 14. Professional Services Agreement Regarding Renegotiation of Cable Franchise 15. Resolution Authorizing the Issuance of Debt Service for the Village of Pelham to Finance the Cost of Various Capital Improvement Projects 16. Resolution Authorizing the Issuance of Additional Debt Service for the Village of Pelham to Finance the Additional Costs of the Acquisition of LED Street Lighting for the Village. 17. Other Business Recurring Items 18. Authorizing Accounts Payable 19. Authorizing the Minutes of: May 28, 2019 20. Adjournment to Executive Session Next Regularly Scheduled BOT Meetings: Tuesday, September 10, 2019 Tuesday, September 24, 2019 Board of Trustees Regular Meeting Tuesday, August 13, 2019 All meetings start at 7:30 PM unless otherwise noted. *The agenda is subject to change* Item # 1 – Meeting called to order: Mayor Mullen called the meeting to order at 7:30 PM. Item # 2 – Pledge of Allegiance: The Pledge of Allegiance was led by Mayor Mullen. Item # 3 – Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Trustee Carpenter ☒ ☐ ☐ Trustee Hill-Ries ☒ ☐ ☐ Trustee Kagan ☒ ☐ ☐ Trustee Kamal Eldahry ☐ ☒ ☐ Trustee Potocki ☒ ☐ ☐ Trustee Spira-Cohen ☐ ☒ ☐ Village Administrator Small ☒ ☐ ☐ Asst. Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Admin. Farrell ☒ ☐ ☐ Trustees’ Report: Trustee Carpenter had nothing to report. Trustee Hill-Ries mentioned some potential gardening projects within Wolfs Lane Park. Trustee Kagan applauded Pelham for exceeding the minimum number of houses expected in the Solarize Pelham program and reminded participants to keep an eye out for a rebate check from the program. Trustee Kamal Eldahry was absent. Trustee Potocki had nothing to report. Trustee Spira-Cohen was absent. Village Administrator’s Report: Village Administrator Small shared an update on the Ancon intersection signage. He also mentioned the Highbrook Highline fence work is tentatively scheduled to begin next week, and we'll be informed by the contractor on the exact date they will commence work. He mentioned the ReCollect App as well as the Passport Parking App have been sent to their respective reviewers and we are waiting for responses and statements of work. Page 2 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Mayor’s Report Mayor Mullen thanked the recent intern, Georgia Connolly, with Pelham Together, for working within various departments for the last couple weeks. He congratulated Macelleria Italian Steakhouse on opening at 142 Fifth Avenue and he wishes them luck. Mayor Mullen said he and Dr. Champ spoke about the WXY School Impact Study that was commissioned over the summer and she passed along her thanks to the Board of Trustees. He touched on the situation with our current garbage services, Waste Services. He said the village will work to minimize disruption of services. Mayor Mullen updated the public on the current standing with the developer, Pelham House. He said parking is still a high priority. Item # 7 – Public Comments Cherry Charlton of 517 Seventh Avenue wondered if the barricades were in place for the storm earlier in the summer. She submitted videos of the flooding and damage to the street as well as people’s homes. She thanked the Board of Trustees for their time. Gwen Miller of 175 Sparks Avenue asked the Board of Trustees for the extension status of 101 Wolfs Lane. Mayor Mullen said they do not have unlimited time and they have until October 22, 2019. Ms. Miller wants the Board of Trustees to keep in mind the aspects of traffic and pedestrian safety when dealing with these potential developments. Todd Cross of 5 Manning Circle suggested that before the start of school, the scaffolding located on the southwest corner of First Street and Wolfs Lane should be adjusted so that it no longer blocks the pedestrian traffic signal. He also mentioned the half marathon and 10k sponsored by Pelham Civics. He submitted a letter of request for village approval to Village Administrator Small. Page 3 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Non-Recurring Items Item # 8 – Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 14, 2019 Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 14, 2019 Whereas, the Pelham Picture House has requested permission to hold its seventh annual Picnic in the Park Fundraiser in Wolfs Lane Park on Saturday, September 14, 2019 (copy attached); and Whereas, the Pelham Picture House shall reimburse the Village for all costs incurred by the Village as a result of the event, including but not limited to Police Department and Department of Public Works overtime, and provide a certificate of liability insurance naming the Village as an additional insured in a form and amount satisfactory to the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Picture House the use of the section of Wolfs Lane Park directly across from the movie theatre with access to the park on Friday, September 13th to erect the tent, Saturday, September 14th for the fundraising event and Monday, September 16th to remove the tent and; Be it further resolved, that the Mayor and Board of Trustees authorize the appropriate Village officials and staff to take the necessary and appropriate actions to effectuate this resolution. Vote Record - Item #8 – Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September 14, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☐ ☐ ☒ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 4 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 9 - Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 139 Fifth Avenue Taylor Palmer of Cuddy & Feder, property owner, Ruben Guerror and project architect, presented a summary of the proposed project located at 139 Fifth Avenue. Deputy Mayor Kagan inquired about the sewer study and completion of the compiled raw data as well as HVAC details. Peter Catizone of Catizone Engineering suggested the information from the sewer study report should be compiled by late October. Mr. Gurrero said there isn’t a mechanical engineer on board yet. The general concept is heat pumps. He then explained a major characteristic of the proposed building to be net-zero. This essentially means is that the building will offset as close to a hundred percent of the energy needs that it generates. He added this shouldn’t extend their timeline. Tom Buchanan of 207 Carol Avenue wondered about duration of pile driving and construction behind Fifth Avenue. The presenter suggested the projected construction period to be between nine and twelve months. Marilyn Hoyt of 110 6th Avenue thinks this project would set a precedent in the village as we move to higher density, and that higher assessment value that will help us fix some structural problems with the finances of our village. Deputy Mayor Kagan wondered how the senior living aspect of the project was removed and to share that with the public. The presenter said they’d explored the option of age-restricted housing in the beginning of the process with that proposal. A number of different challenges presented themselves, as they proceeded through the Architectural Review Board and the Planning Board. They explained their intention from the beginning was to work with the community on something that would make sense and after having a number of conversations they just didn’t feel confident that this would serve existing residents. Deputy Mayor Kagan asked about the community benefit and dedicating a certain number of units to work for housing, the sort of 80% of the average median income, good for first responders, teachers, etc. The presented said they hope to designate between 5 and 10 percent of the units to that median income level. John Cassone of 312 7th Avenue voiced his concern about the number of school age children being added to the community and school population. He also applauded the development team on customizing the project to the community. Mayor Mullen thanked the residents for their input and noted this public hearing will continue at the next regular Board meeting on September 10, 2019. Page 5 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Vote Record - Item # 9 – To Open the Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 139 Fifth Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 6 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 10 – Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 163 Wolfs Avenue David Cooper from the law firm of Zarin & Steinmetz, Peter Catizone, representing Concrete Ventures began presenting for the proposed project at 163 Wolfs Lane. He introduced the others on the team including Vivan Lee, Peter Catizone and Ray Beeler. The presenter explained a standing balcony to be one and a half feet, which refrains tenants from placing furniture outside along Wolfs Lane which could be dangerous. The presenter discussed sanitary sewer flow rates as well as water mains. Jaime Cabarrocas of 9 Brookside Ave wondered about storm water runoff and how the actual site today is really performing compared the study's assumption. He’s glad to see that the wall facing the neighbors has been reduced in height via the setback. Carolyn O’Connor of 213 Carol Avenue wondered about different criteria for buildings on this compared to the other side of town. The presenter acknowledged that this building looks quite different in this context compared to the proposed building at 139 Fifth Avenue due to the context and surrounding buildings. Georgene Feldman of 15 Brookside Avenue asked about a green screen along the back wall of the proposed building which faces Brookside Avenue. He also was concerned about the view from his neighborhood’s backyards. He emphasized the importance of the Picture House as a registered building on the National Registry of Landmarks and how out of place this proposed building would look. An additional rendering was requested from the view of Brookside Avenue at the corner of the Picture House property. Todd Cross of 5 Manning Circle asked for the height elevation difference from the top of the building to Manning Circle. Gwen Miller of 175 Sparks Avenue voiced her concern regarding pedestrian safety. Jorge Szendiuch of 208 Carol Avenue added his support for the project and suggested various construction materials. Rich Feldman of 15 Brookside Avenue stated he doesn’t consider the scaling back of the top floor as a concession. Mayor Mullen thanked the residents for their input and noted this public hearing will continue at the next regular Board meeting on September 10, 2019. Page 7 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Vote Record - Item # 9 – To Open the Public Hearing on the Site Plan Approval for the Redevelopment of the Property Located at 163 Wolfs Lane Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Second ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☐ ☐ ☐ ☒ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 8 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 11 – Discussion of WXY School Impact Study Mayor Mullen introduced the WXY School Impact Study and Deputy Mayor Kagan and Trustee Carpenter explained some of the details. For downtown development, the Village Board asked WXY to consider the impacts of all potential projects together and not just one development at a time. The data WXY used is from the Census Bureau. It's called the American Community Survey. It's their public use microdata sample files and for all eight potential projects, they used these filters: • That the housing unit must be occupied; • It must be a non-dormitory style unit; • The building was built after 1990; and • Tenants have an annual household income of over 30,000. Deputy Mayor Kagan added that there were a couple of interesting facts including that in the less dense developments, the units was are more likely to generate school aged children. Where we've been concentrating on buildings that have less than 20 units, the data shows that those buildings are more likely to generate children than buildings that are newer and have more smaller, denser units. Thyra Roff of 1 Pell Place said she is disappointed in the data and would have liked to have seen the pre-1990 construction buildings in Pelham included as part of the data. Page 9 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 12 – Resolution Pursuant To The New York State Environmental Quality Review Act (SEQRA), The General Municipal Law, The Westchester County Administrative Code And The Code Of The Village Of Pelham Regarding Amending Chapter 79 of the Code of The Village Of Pelham to add a Proposal Local Law Regarding Required Mitigation of Impacts of Proposed Development in the Village of Pelham Resolution Pursuant To The New York State Environmental Quality Review Act (SEQRA), The General Municipal Law, The Westchester County Administrative Code And The Code Of The Village Of Pelham Regarding Amending Chapter 79 of the Code of The Village Of Pelham to add a Proposal Local Law Regarding Required Mitigation of Impacts of Proposed Development in the Village of Pelham Be it resolved, as follows: 1. The proposed action is the Adoption of Local Law No. 4 of 2019 to establish a fair, rational and consistent methodology by which the Board of Trustees can assess the increased demand on the Village’s infrastructure, including sewer, traffic, signal infrastructure, road infrastructure (including road paving) and infrastructure relating to pedestrian safety, attributable to new development in the Village and require each development that is approved to contribute, in mitigation of its impacts, the fair share of the Village’s infrastructure costs attributable to the impact of that development. 2. The Board of Trustees has reviewed and considered the Environmental Assessment Form. 3. The Board of Trustees determines that: (a) the proposed action is subject to the requirements of SEQRA; (b) the proposed action is an Unlisted Action; (c) the action is not located in an agricultural district; and (d) there are no other involved agencies. 4. The Board of Trustees determines that because there are no other involved agencies, it will be the lead agency for purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). 5. The Board of Trustees determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to the Westchester County Planning Board for review and comment and directs the Village Clerk to make that referral. 6. The Board of Trustees determines that Code of the Village of Pelham § 98-106.3(C) require that the proposed action be referred to the Village of Pelham Planning Board and directs the Village Clerk to make that referral. Vote Record - Item #12 – Resolution Pursuant To The New York State Environmental Quality Review Act (SEQRA), The General Municipal Law, The Westchester County Administrative Code And The Code Of The Village Of Pelham Regarding Amending Chapter 79 of the Code of The Village Of Pelham to add a Proposal Local Law Regarding Required Mitigation of Impacts of Proposed Development in the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 10 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 13 – Public Hearing on Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham Mayor Mullen introduced Village Attorney, Bob Spolzino and Nannette Bourne, our planning consultant to draft this law. Mr. Spolzino explained the importance of SEQRA and the impact of new development on a community. He explained this law tries to apportion the mitigation measure to everyone who’s contributing to that impact while establishing a uniform methodology for quantifying those impacts and apportioning them to the various projects that are going on or will go on in the future throughout the village. Ms. Bourne with Sam Schwartz Consulting said the draft proposed law looks at a couple of areas of fair share infrastructure including traffic, water, sewer, paving and pedestrian safety. Marilyn Hoyt of 110 6th Avenue mentioned the importance of putting together formulas based upon standard rates and that we will not always have a choice as to whether we can reline a sewer pipe. Maggie Klein of The Pelhams-Plus asked which other local municipalities have a similar law. Mayor Mullen replied saying the City of New Rochelle has something of this nature. David Cooper of Zarin and Steinmetz made a point regarding this as a cumulative impact including two buckets that the village should be looking at: Existing users and issues created by existing users todayand new users coming online and issues that will be created based on them. John Cassone of 7th Avenue wondered if this proposed law could create a problem for developers coming into our community. He also wanted clarification on the basis of the law. Mr. Spolzino clarified that the SEQRA is through the state. Additionally, he said the idea behind this local law is to rationalize the process and come up with a fair and uniform reasonable process for determining what the amount is. Mayor Mullen thanked the residents for their input and noted this public hearing will continue at the next regular Board meeting on September 10, 2019. Vote Record - Item #12 – Public Hearing on Local Law No. 4 of 2019 to Amend Chapter 79 of the Pelham Village Code Regarding Required Mitigation Impacts of Proposed Development in the Village of Pelham Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 11 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 14 – Resolution Authorizing Cable Franchise Renewal Legal Services Agreement with Cohen Law Group Resolution Authorizing Cable Franchise Renewal Legal Services Agreement with Cohen Law Group Be it resolved, that the Board of Trustees of the Village of Pelham herein authorize the attached proposal for cable franchise renewal legal services dated August 5, 2019 in an amount not to exceed $9,900.00. Vote Record - Item #14 – Resolution Authorizing Cable Franchise Renewal Legal Services Agreement with Cohen Law Group Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 12 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 15 - Resolution Authorizing the Issuance of Debt Service for the Village of Pelham to Finance the Additional Cost of Various Capital Improvement Projects Bond Resolution, Dated August 13, 2019, Authorizing The Issuance Of Up To $1,470,500 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 Motor Vehicles, (Ii) The Acquisition And Installation Of Communications Equipment, (Iii) The Acquisition Of Fire-Fighting Apparatus, (Iv) The Acquisition, Construction And Reconstruction Of Parks And Recreation Areas, (V) The Acquisition, Construction And Reconstruction Of Village Streets, (Vi) The Acquisition Of Machinery And Apparatus For Construction And Maintenance, And (Vii) The Acquisition, Construction And Reconstruction Of Sewer 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 acquisition of motor vehicles ($153,000), (ii) the acquisition and installation of communications equipment ($191,000), (iii) the acquisition of fire-fighting apparatus ($36,500), (iv) the acquisition, construction and reconstruction of parks and recreation areas ($50,000), (v) the acquisition, construction and reconstruction of Village streets ($600,000), (vi) the acquisition of machinery and apparatus for construction and maintenance ($160,000), and (vii) the acquisition, construction and reconstruction of sewer improvements ($280,000), all in and for the Village, including any 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 $1,470,500, 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 $1,470,500, pursuant to the Local Finance Law, in order to finance the 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 the bond resolution summarized herein (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 in the bond resolution summarized 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 motor vehicles, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $153,000, for which $153,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds 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 Page 13 Board of Trustees Regular Meeting Tuesday, August 13, 2019 date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The acquisition and installation of communications equipment, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $191,000, for which $191,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds 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; and (c) The acquisition of fire-fighting apparatus for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $36,500, for which $36,500 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized herein and appropriated therefore, having a period of probable usefulness of ten (10) 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 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; and bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (d) The acquisition, construction and reconstruction of parks and recreation areas, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $50.000, for which $50,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivisions 62 and 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds 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; and (e) The acquisition, construction and reconstruction of Village streets, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $600,000, for which $600,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized 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 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; and (f) The acquisition of machinery and apparatus for construction and maintenance for the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $160,000, for which $160,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized 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 five (5) years computed from the earlier of (a) the date Page 14 Board of Trustees Regular Meeting Tuesday, August 13, 2019 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 (g) The acquisition, construction and reconstruction of sewer improvements, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $280,000, for which $280,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized in the bond resolution summarized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivisions 62 and 4 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds 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 $1,470,500; (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 (i) the proceeds of the serial bonds authorized in the bond resolution summarized herein, or from the proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized in the bond resolution summarized 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 an item within an object or purpose, or class of object or purpose, 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. Each of the serial bonds authorized in the bond resolution summarized herein 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 the bond resolution summarized herein as the same shall become due. Section 5. A complete copy of the bond resolution summarized herein is available for public inspection during regular business hours at the Office of the Village Clerk, 195 Sparks Avenue, Pelham, New York 10803 for a period of twenty days from the date of this publication. Vote Record - Item #15 – Resolution Authorizing the Issuance of Additional Debt Service for the Village of Pelham to Finance the Additional Costs of the Acquisition of LED Street Lighting for the Village. Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 15 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 16 - Resolution Authorizing the Issuance of Additional Debt Service for the Village of Pelham to Finance the Additional Costs of the Acquisition of LED Street Lighting for the Village. BOND RESOLUTION, DATED AUGUST 13, 2019, AUTHORIZING THE ISSUANCE OF UP TO $65,000 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 ADDITIONAL COSTS OF THE ACQUISITION OF LED STREET LIGHTING FOR THE VILLAGE. Whereas, the Board of Trustees of the Village, adopted a bond resolution on October 17, 2017 (the “Prior Resolution”) authorizing the financing of the costs of the acquisition, LED street lighting for the Village (the “Project”), in accordance with the Local Finance Law; and Whereas, the Board of Trustees of the Village hereby determines that the costs of the Project have increased by $65,000; 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 $65,000, pursuant to the Local Finance Law, in order to finance the additional costs of 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 five (5) years computed from the date of the first obligations issued pursuant to the aforesaid bond resolution dated October 17, 2017. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the revised estimated maximum cost of the Project is $215,000; (b) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized in the Prior Resolution and (ii) the proceeds of the serial bonds authorized herein or bond anticipation notes issued in anticipation of such serial bonds; (c) the maturity of the obligations authorized herein may not be in excess of five (5) years; and (d) on or before the expenditure of moneys to pay for any additional 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 Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation Page 16 Board of Trustees Regular Meeting Tuesday, August 13, 2019 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 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 under Treasury Regulation §1.150-2 to issue the obligations authorized herein to finance the additional 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, Page 17 Board of Trustees Regular Meeting Tuesday, August 13, 2019 amendment and termination, the Village 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 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 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 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. Vote Record - Item #16 – Resolution Authorizing the Issuance of Additional Debt Service for the Village of Pelham to Finance the Additional Costs of the Acquisition of LED Street Lighting for the Village. Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter Motion ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki Second ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 18 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 17 - Other Business Page 19 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Recurring Items Item # 18 - Authorizing the Accounts Payable Mayor Mullen is auditing the Accounts Payable. Resolution Authorizing the Accounts Payable Whereas, pursuant to §5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham after audit of the following vouchers, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator and Village Treasurer: Fund Name: Amount General Fund $361,534.64 Capital Projects Fund $0.00 Trust and Agency Fund $584.00 TE Private Purpose Trust Fund $0.00 Grand Total $362,118.64 Be it further resolved, that this Board hereby approves payment of the above mentioned claims and authorizes payment thereof. Vote Record - Item # 18 – Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled ☐Withdrawn Trustee Kagan Motion ☒ ☐ ☐ ☐ ☐Discussed Trustee Kamal Eldahry ☐ ☐ ☐ ☒ Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 20 Board of Trustees Regular Meeting Tuesday, August 13, 2019 Item # 19 – Authorizing the Minutes of: May 28, 2019 Vote Record - Item # 19 – Authorizing the Minutes of: May 28, 2019 Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved Trustee Carpenter Motion ☒ ☐ ☐ ☐ as Amended Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Item # 20 – Adjournment to Executive Session The public portion of the Board meeting was adjourned at 11:05 pm to enter into Executive Session to discuss two particular personnel matters, pending litigation and a update on municipal negotiations after which time the Board of Trustees would adjourn for the evening. Vote Record - Item # 20 – Adjournment to Executive Session Village of Pelham Board of Trustees Regular Meeting Tuesday, August 13, 2019 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Trustee Carpenter ☒ ☐ ☐ ☐ Amended Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Trustee Kagan ☒ ☐ ☐ ☐ ☐Withdrawn Trustee Kamal Eldahry ☐ ☐ ☐ ☒ ☐Discussed Trustee Potocki ☒ ☐ ☐ ☐ Trustee Spira-Cohen ☐ ☐ ☐ ☒ Page 21