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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · May 14, 2024

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Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, MAY 14, 2024, 8:08 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Appointing Council on the Arts Member 9. Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 10. Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” 11. Resolution Adopting Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” 12. Resolution Authorizing Traffic Engineering Services Proposal for a Village-Wide Speed Limit Review from DTS Provident Design Engineering, LLP. 13. Resolution Authorizing the Engagement of Duane Morris, LLP. 14. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-72 (A) of the Code of the Village of Pelham to Add Indoor Recreation Facility as a Permitted Use in the Village’s Business-1 District and Add a Definition of Indoor Recreation Facility to Chapter 98-6 15. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Add a Definition of Restaurant and Restaurant, Fast Food to Chapter 98-6 16. Other Business – Resolution Authorizing the Purchase of an Aerial Ladder Fire Apparatus Recurring Items 17. Authorizing Accounts Payable Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 18. Authorizing Minutes of: April 23, 2024 Work Session and Regular Meeting 19. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, May 28, 2024 Tuesday, June 11, 2024 Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:08 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:08 PM. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☒ ☐ ☐ Village Trustee Mohan ☒ ☐ ☐ Village Trustee Otondi ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry – nothing to report. Village Trustee McGreal – The Board of Education is holding a vote on Tuesday, May 21 from 7:00 AM to 9:00 PM. There are four candidates looking to secure two three-year terms. The candidates are Kathryn Cohen, Darra B. Gordon, Ian Rowe and Michael Owen-Michaane. Also on the ballot is a vote on the budget which is staying just below the cap, and an authorization to spend from the Capital Reserve Fund money to replace the synthetic turf at clover field. A shoutout to the Council of the Arts who had to deal with a calendar issue and did so gracefully. Also, a reminder that our annual Juneteenth celebration will be held on Sunday, June 16th. We hope to see you there! Village Trustee Mohan – May is bicycle safety month as well as EMS Week from May 19 th to the 25th. Village Trustee Mohan met with the head of the Eastchester EMS who was at the Firehouse training our firefighters. The Eastchester EMS, who are working side by side with our fire EMS, are being awarded the Westchester Regional Agency Bureau Award and meeting them has been amazing. The Fire Department is also participating in hazmat training with the Westchester County Hazmat Squad this month. In the month of April, we had 2 structural fires and 50 EMS calls. Village Trustee Otondi – nothing to report. Village Trustee Solomon – nothing to report. Deputy Mayor Carpenter – nothing to report. Item # 5 - Village Administrator’s Report: A grant update – the Village submitted a grant application for Fire Protection to purchase a new fire truck. We also submitted US Congress Community Project Funding for the North Pelham and Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Highbrook water shed. The Village is working through the Westchester County Flood Mitigation Program as well. Item # 6 - Mayor’s Report Mayor Mullen, Village Trustee Solomon and Village Trustee Mohan are meeting with the Chamber of Commerce as well as consultants for a Downtown walkthrough of the Village. This walkthrough is to organize a request from the County on how to spend the $250,000 the Village is receiving from the grant. One way to use the money would be for our Public Works on things such as sidewalks, meters, etc. Another way is to use it on the area north of Lincoln, which is a current priority. If neither of these options fall under the grant, Mayor Mullen and the Board of Trustees will potentially need to have a bigger conversation this year or the next. It is also Police Week and our Police Department’s Annual Awards are coming up on May 16th, thank you to our officers for all that you do. Finally, our Pelham Market is now open every Sunday. Be sure to check it out! Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 7 - Public Comments No public comment. Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Non-Recurring Items Item # 8 – Resolution Appointing Council on the Arts Member Whereas, Emlyn Taveras tendered her resignation as a member of the Council on the Arts, said resignation effective April 16, 2024. Now, therefore, be it resolved, that Roderick Bradford Jr., is hereby appointed as a member of the Council on the Arts expiring December 2, 2024, or until such time as a successor is appointed. Vote Record - Item # 8 – Resolution Appointing Council on the Arts Member – 8:25 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal Motion ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 9 – Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 TABLED Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 10 - Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, May 14, 2024, on a proposed Local Law that would amend the Code of the Village of Pelham, by repealing and replacing Chapter 5 entitled Ethics, Code of. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the meeting at: *** Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Adriana Rugova, Deputy Village Clerk Vote Record - Item # 10 – Opening the Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” – 8:29 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Vote Record - Item # 10 – Closing the Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” – 8:30 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 11 - Resolution Adopting Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to repeal and replace Chapter 5 of the Code of the Village of Pelham entitled Ethics, Code of; and Whereas, Article 18 of the General Municipal Law prohibits the officers and employees of a Municipality from having certain conflicts of interest; and Whereas, § 806 of the General Municipal Law requires the governing body of each County, City (other than the City of New York), Town, Village, School District and Fire District to adopt a Code of Ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them; and Whereas, a Code of Ethics adopted by the governing body of a Municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable. Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the New York State Environmental Quality Review Act (SEQRA); and Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on May 14, 2024, at or about 8:00 p.m. virtually via Zoom and in Village Hall and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopted Local Law No. 2 of 2024 of the Village of Pelham repealing and replacing Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of”; 2. The Board of Trustees directs the Deputy Village Clerk to prepare said Local Law for filing with the Secretary of State. Vote Record - Item # 11 – Resolution Adopting Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” – 9:00 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 12 - Resolution Authorizing Traffic Engineering Services Proposal for a Village- Wide Speed Limit Review from DTS Provident Design Engineering, LLP. Whereas, the New York State Legislature has adopted legislation authorizing municipalities to reduce their legal maximum speed limit from 30 MPH to 25 MPH; and Whereas, the legislation recognizes that the reduction in speed reduces the risk of injury or death from automobile accidents between motorists and pedestrians. The “Justification” section of the legislative history for this legislation states: “According to the AAA Foundation for Traffic Safety, a pedestrian struck by a vehicle going 25 MPH has a 25 percent risk of sustaining a serious or fatal injury, a 50 percent risk at 33 MPH and a 75 percent risk at 41 MPH.”; and Whereas, the legislation requires that the Village undertake a traffic engineering study before enacting such a change; and Whereas, a proposal has been received from DTS Provident Design Engineering, LLP., to undertake such a study at a cost of $4,400.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Traffic Engineering Services Proposal dated April 16, 2024, from DTS Provident Design Engineering, LLP., for a Village-Wide Speed Limit Review in amount not to exceed $4,400.00. Vote Record - Item # 12 – Resolution Authorizing Traffic Engineering Services Proposal for a Village-Wide Speed Limit Review from DTS Provident Design Engineering, LLP. – 9:01 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 13 – Resolution Authorizing the Engagement of Duane Morris, LLP. Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the attached Agreement for Legal Services and Fee Proposal dated May 9, 2024, from Duane Morris, LLP. Vote Record - Item # 13 – Resolution Authorizing the Engagement of Duane Morris, LLP. – 9:01 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 14 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-72 (A) of the Code of the Village of Pelham to Add Indoor Recreation Facility as a Permitted Use in the Village’s Business-1 District and Add a Definition of Indoor Recreation Facility to Chapter 98-6 Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-72 (A) of the Code of the Village of Pelham to add Indoor Recreation Facility as a use in the Village’s Business-1 Zoning District and to amend Chapter 98-6 to add a definition of Indoor Recreation Facility. 2. The Village 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 3. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 4. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Deputy Village Clerk to make that referral. 5. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Vote Record - Item # 14 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-72 (A) of the Code of the Village of Pelham to Add Indoor Recreation Facility as a Permitted Use in the Village’s Business-1 District and Add a Definition of Indoor Recreation Facility to Chapter 98-6 – 9:09 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☒ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☒ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 15 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Add a Definition of Restaurant and Restaurant, Fast Food to Chapter 98-6 Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-6 to add a definition of Restaurant and Restaurant, Fast Food. 2. The Village 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 3. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 4. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Deputy Village Clerk to make that referral. 5. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Vote Record - Item # 15 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Add a Definition of Restaurant and Restaurant, Fast Food to Chapter 98-6 – 9:10 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 16 – Other Business Resolution Authorizing the Purchase of an Aerial Ladder Fire Apparatus Whereas, the Village of Pelham (“Village”), in recognition of its need to provide fire protection to its residents and property owners and at the request and recommendation of the Truck Committee of the Village of Pelham Fire Department, has completed the preparation of specifications for the purchase of a new Aerial Ladder Fire Apparatus; and Whereas, New York State General Municipal Law § 103 authorizes the Village to “piggyback” on contracts let by the United States, or any agency thereof, or by any state or any other political subdivision or district therein, provided said contract was let in a manner that is consistent with State Law competitive bidding procedures, and further, that provision was made in the underlying bid documents enabling municipalities to utilize said bid award thereby eliminating the need for competitive bidding by the Village; and Whereas, Sourcewell is a political subdivision of the State of Minnesota (created under Minnesota State Statues § 113A.21) that offers cooperative procurement solutions to governmental entities, including local municipalities throughout the United States; and Whereas, Sourcewell let and awarded Sourcewell Contract # 113021-RVG-4 for firefighting apparatus in a manner consistent with New York’s competitive bidding procedures on the basis of best value to Spartan Fire, LLC., a subsidiary entity to REV Group, Inc., 245 S. Executive Dr., Suite 100, Brookfield, WI 53005, whose regional vendor is Hendrickson Fire Rescue Equipment, Inc., 140 Hoffman Lane, Islandia, NY, 11749; and Whereas, the Village Board of Trustees has adopted a local law on November 14, 2017, authorizing the Village to utilize contracts awarded on the basis of best value; and Whereas, the Village Administrator has reviewed the Sourcewell Contract # 113021-RVG-4 from the Sourcewell purchasing cooperative and recommends utilizing this contract for the purchase of an Aerial Ladder Fire Apparatus; and Whereas, pursuant to the New York State Environmental Quality Review Act (the “SEQRA Act”) and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617, as amended (the “Regulations”), the Project constitutes a “Type II Action” under 6 NYCRR § 617.5(c)(31) and no further action under the SEQRA Act and the Regulations is required. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the Village Administrator to “piggyback” off of Sourcewell Contract # 113021-RVG-4 to purchase the aforementioned Aerial Ladder Fire Apparatus in substantially the same form and terms as the underlying Sourcewell Contract # 113021-RVG-4 as attached hereto, from Spartan Fire, LLC., a subsidiary entity to REV Group, Inc., 245 S. Executive Dr., Suite 100, Brookfield, WI 53005, whose regional vendor is Hendrickson Fire Rescue Equipment, Inc., 140 Hoffman Lane, Islandia, NY, 11749, in the amount of $2,030,700.00; and Be it further resolved, that the Village Administrator is authorized to undertake such administrative acts as may be required to effectuate this purchase. Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Vote Record - Item # 16 – Resolution Authorizing the Purchase of an Aerial Fire Apparatus Village of Pelham Board of Trustees Regular Meeting – 9:11 PM Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Recurring Items Item # 17 - Authorizing Accounts Payable Village Trustee McGreal is auditing the Accounts Payable. Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham after audit of the following vouchers, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator/Treasurer: Fund Name: Amount General Fund (A) $ 184,897.66 Capital Projects Fund (H) $ 122,518.50 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $ 307,416.46 Be it further resolved, that the Village Board of Trustees hereby approves payment of the above- mentioned claims and authorizes payment thereof. Vote Record - Item # 17 – Authorizing the Accounts Payable – 9:12 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan Motion ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 18 - Authorizing Minutes of: April 23, 2024 Work Session and Regular Meeting Vote Record - Item # 18 – Authorizing the Minutes of April 23, 2024 Work Session and Regular Meeting – 9:15 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Item # 19 - Adjournment A motion was made by Village Trustee Eldahry, seconded by Village Trustee McGreal, voted unanimously by all at 9:15 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Deputy Village Clerk

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, MAY 14, 2024, 8:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Appointing Council on the Arts Member 9. Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 10. Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” 11. Resolution Adopting Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” 12. Resolution Authorizing Traffic Engineering Services Proposal for a Village-Wide Speed Limit Review from DTS Provident Design Engineering, LLP. 13. Resolution Authorizing the Engagement of Duane Morris, LLP. 14. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-72 (A) of the Code of the Village of Pelham to Add Indoor Recreation Facility as a Permitted Use in the Village’s Business-1 District and Add a Definition of Indoor Recreation Facility to Chapter 98-6 15. Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Add a Definition of Restaurant and Restaurant, Fast Food to Chapter 98-6 16. Other Business Recurring Items 17. Authorizing Accounts Payable Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 18. Authorizing Minutes of: April 23, 2024 Work Session and Regular Meeting 19. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, May 28, 2024 Tuesday, June 11, 2024 Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 1 - Meeting Called to Order: Item # 2 - Pledge of Allegiance: Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☐ ☐ ☐ Deputy Mayor Carpenter ☐ ☐ ☐ Village Trustee Eldahry ☐ ☐ ☐ Village Trustee McGreal ☐ ☐ ☐ Village Trustee Mohan ☐ ☐ ☐ Village Trustee Otondi ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ Village Administrator Scelza ☐ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry Village Trustee McGreal Village Trustee Mohan Village Trustee Otondi Village Trustee Solomon Deputy Mayor Carpenter Item # 5 - Village Administrator’s Report: Item # 6 - Mayor’s Report Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 7 - Public Comments Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Non-Recurring Items Item # 8 – Resolution Appointing Council on the Arts Member Whereas, Emlyn Taveras tendered her resignation as a member of the Council on the Arts, said resignation effective April 16, 2024. Now, therefore, be it resolved, that Roderick Bradford Jr., is hereby appointed as a member of the Council on the Arts expiring December 2, 2024, or until such time as a successor is appointed. Vote Record - Item # 8 – Resolution Appointing Council on the Arts Member Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 9 – Resolution Authorizing the Award of Insurance Coverage through FOA and Son Insurance Corp. for Property and Casualty Insurance Coverage (Property including Crime, General and Law Enforcement Liability, Public Officials and Employment Practices Liability, Automobile Liability and Physical Damage, Excess Liability and Workers Compensation) for the Period of June 1, 2024 through May 31, 2025 TO BE DISTRIBUTED Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 10 - Public Hearing on Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, May 14, 2024, on a proposed Local Law that would amend the Code of the Village of Pelham, by repealing and replacing Chapter 5 entitled Ethics, Code of. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the meeting at: *** Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Adriana Rugova, Deputy Village Clerk Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 11 - Resolution Adopting Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to repeal and replace Chapter 5 of the Code of the Village of Pelham entitled Ethics, Code of; and Whereas, Article 18 of the General Municipal Law prohibits the officers and employees of a Municipality from having certain conflicts of interest; and Whereas, § 806 of the General Municipal Law requires the governing body of each County, City (other than the City of New York), Town, Village, School District and Fire District to adopt a Code of Ethics that sets forth for the guidance of its officers and employees standards of conduct reasonably expected of them; and Whereas, a Code of Ethics adopted by the governing body of a Municipality must set forth standards of conduct for the guidance of the officers and employees of the municipality with respect to disclosure of interests in legislation before the local governing body, holding of investments in conflict with official duties, private employment in conflict with official duties, future employment, and such other standards as may be deemed advisable. Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the New York State Environmental Quality Review Act (SEQRA); and Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on May 14, 2024, at or about 8:00 p.m. virtually via Zoom and in Village Hall and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopted Local Law No. 2 of 2024 of the Village of Pelham repealing and replacing Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of”; 2. The Board of Trustees directs the Deputy Village Clerk to prepare said Local Law for filing with the Secretary of State. Vote Record - Item # 11 – Resolution Adopting Local Law No. 2 of 2024 to Repeal and Replace Chapter 5 of the Pelham Village Code Entitled “Ethics, Code of” Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 12 - Resolution Authorizing Traffic Engineering Services Proposal for a Village- Wide Speed Limit Review from DTS Provident Design Engineering, LLP. Whereas, the New York State Legislature has adopted legislation authorizing municipalities to reduce their legal maximum speed limit from 30 MPH to 25 MPH; and Whereas, the legislation recognizes that the reduction in speed reduces the risk of injury or death from automobile accidents between motorists and pedestrians. The “Justification” section of the legislative history for this legislation states: “According to the AAA Foundation for Traffic Safety, a pedestrian struck by a vehicle going 25 MPH has a 25 percent risk of sustaining a serious or fatal injury, a 50 percent risk at 33 MPH and a 75 percent risk at 41 MPH.”; and Whereas, the legislation requires that the Village undertake a traffic engineering study before enacting such a change; and Whereas, a proposal has been received from DTS Provident Design Engineering, LLP., to undertake such a study at a cost of $4,400.00. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Traffic Engineering Services Proposal dated April 16, 2024, from DTS Provident Design Engineering, LLP., for a Village-Wide Speed Limit Review in amount not to exceed $4,400.00. Vote Record - Item # 12 – Resolution Authorizing Traffic Engineering Services Proposal for a Village-Wide Speed Limit Review from DTS Provident Design Engineering, LLP. Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 13 – Resolution Authorizing the Engagement of Duane Morris, LLP. Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Mayor to execute the attached Agreement for Legal Services and Fee Proposal dated May 9, 2024, from Duane Morris, LLP. Vote Record - Item # 13 – Resolution Authorizing the Engagement of Duane Morris, LLP. Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 14 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-72 (A) of the Code of the Village of Pelham to Add Indoor Recreation Facility as a Permitted Use in the Village’s Business-1 District and Add a Definition of Indoor Recreation Facility to Chapter 98-6 Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-72 (A) of the Code of the Village of Pelham to add Indoor Recreation Facility as a use in the Village’s Business-1 Zoning District and to amend Chapter 98-6 to add a definition of Indoor Recreation Facility. 2. The Village 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 3. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 4. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Deputy Village Clerk to make that referral. 5. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Vote Record - Item # 14 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-72 (A) of the Code of the Village of Pelham to Add Indoor Recreation Facility as a Permitted Use in the Village’s Business-1 District and Add a Definition of Indoor Recreation Facility to Chapter 98-6 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 15 - Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Add a Definition of Restaurant and Restaurant, Fast Food to Chapter 98-6 Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-6 to add a definition of Restaurant and Restaurant, Fast Food. 2. The Village 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 3. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 4. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Deputy Village Clerk to make that referral. 5. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Vote Record - Item # 15 – Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Add a Definition of Restaurant and Restaurant, Fast Food to Chapter 98-6 Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 16 – Other Business Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Recurring Items Item # 17 - Authorizing Accounts Payable Village Trustee McGreal is auditing the Accounts Payable. Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham after audit of the following vouchers, authorizes payment for services rendered and materials received, for the following items that have been submitted to the Treasurer's Office for payment and authorized by the Village Administrator/Treasurer: Fund Name: Amount General Fund (A) $ 184,897.66 Capital Projects Fund (H) $ 122,518.50 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $ 307,416.46 Be it further resolved, that the Village Board of Trustees hereby approves payment of the above- mentioned claims and authorizes payment thereof. Vote Record - Item # 17 – Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, May 14, 2024 Item # 18 - Authorizing Minutes of: April 23, 2024 Work Session and Regular Meeting Vote Record - Item # 18 – Authorizing the Minutes of April 23, 2024 Work Session and Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, May 14, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee McGreal ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 19 - Adjournment

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