Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, DECEMBER 17, 2024, 8:01 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 3) 9. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 3) 10. Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (3 of 3) 11. Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department (1 of 2) 12. Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department (1 of 2) 13. Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $1,325,000 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 Costs of the Acquisition, Construction and Reconstruction of Parking Lot Improvements for the Village 14. Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $2,831,200 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, Construction and Reconstruction of Flood Mitigation Improvements for the Village (North Pelham Watershed) 15. Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $955,000 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 Costs of the Acquisition, Construction and Reconstruction of Flood Mitigation Improvements for the Village (Highbrook Avenue Watershed) Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 16. Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $255,000 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 Costs of the Acquisition of a Payloader for the Village 17. Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $875,000 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 Costs of the Acquisition, Construction and Reconstruction of Improvements to the Village Municipal Center 18. Other Business – Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue, Resolution Authorizing Attendance at NYCOM Winter Legislative Meeting Recurring Items 19. Adjournment Next Regularly Scheduled BOT Meetings: January 14, 2025 (Note: at 200 Fifth Avenue – Municipal Center) Tuesday, January 28, 2025 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:01 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:01 PM. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee Howell ☒ ☐ ☐ 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 Howell – nothing to report. Village Trustee Mohan – The Fire Department moved into the new Municipal Center at 200 Fifth Ave on December 17, 2024. In November, they responded to 79 calls, 29 of which were EMS calls and 2 structural fires. One of them was located at 629 Fifth Ave, which is one of our high-rise buildings with multiple units. Thanks to the quick response from the Fire Department, there was minimal damage. Chief Benkwitt would like to remind everyone to check their systems as well as make sure you have carbon monoxide detectors on every floor of your home as they are seeing many incidents involving chimneys and fireplaces. If you have any questions, feel free to call Fire Headquarters at 914-738- 2601. Village Trustee Otondi – DPW completed their leaf pickup on December 16 and have swept the entire Village. Moving forward, any leaf piles that are out will result in a citation to the homeowner. Happy holidays! Village Trustee Solomon – Merry Christmas, Happy Hanukkah, and Happy Kwanzaa to all celebrating! A toast to 195 Sparks Ave as it is the last meeting being held there. If you have any questions, please reach out by email at info@pelhamny.gov. Deputy Mayor Carpenter – Thank you to the Fire Department for helping to locate Santa in Chester Park! Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 5 - Village Administrator’s Report: Fall leaf collection has concluded as of yesterday, there will be no organic pickups from December 15th to March 15th. There will also be no use of gas-powered leaf blowers from December 16th to March 14th. Curbside christmas tree pick up will begin on December 26th through January 31st. We are currently working on our 2025 sanitation calendar as well which will be posted by Friday. A reminder that anyone that needs to conduct business with Village staff must schedule an appointment to do so throughout the month of December. Item # 6 - Mayor’s Report Congratulations to Jim Lofgren, the new President of the Chamber of Commerce. Mayor Mullen is looking to meet with them on January 10th. Thank you to all our Village Hall, DPW, and Fire Department staff for all their help with moving into the new Municipal Center. Item # 7 - Public Comments No public comment noted. Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Non-Recurring Items Item # 8 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 3) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Christian Cacace, of Larchmont, New York, to the position of Police Officer (3rd Grade) Job Class Code 0134-01, effective Monday, December 23, 2024, at an annual salary of $96,657.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Benevolent Association Collective Bargaining Agreement, Village of Pelham Employee Handbook, the Unconsolidated Laws of New York State and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 8 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (1 of 3) – 8:18 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 9 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 3) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Jonathan Reilly, of Pelham Manor, New York, to the position of Police Officer (4th Grade) Job Class Code 0134-01, effective Monday, December 23, 2024, at an annual salary of $84,190.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Benevolent Association Collective Bargaining Agreement, Village of Pelham Employee Handbook, the Unconsolidated Laws of New York State and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 9 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (2 of 3) – 8:19 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 10 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (3 of 3) Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Nicholas Mauro, of Yonkers, New York, to the position of Police Officer (2nd Grade) Job Class Code 0134-01, effective Monday, December 23, 2024, at an annual salary of $103,535.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Police Benevolent Association Collective Bargaining Agreement, Village of Pelham Employee Handbook, the Unconsolidated Laws of New York State and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 10 – Resolution Authorizing the Appointment of a Police Officer in the Village of Pelham Police Department (3 of 3) – 8:19 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 11 – Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department (1 of 2) Whereas, the Westchester County Department of Human Resources has certified to the Village of Pelham a list of eligible candidates for the permanent appointment position of Police Sergeant; and Whereas, Vincent Ripulone is ranked on the foresaid list of eligible candidates. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotional appointment of Vincent Ripulone of New Rochelle, NY, to the position of Police Sergeant, Job Class Code 0133-01, from Westchester County Civil Service Eligible List # 74-902, effective Tuesday, January 7, 2025, at annual salary of $135,605.00, pursuant to the applicable provisions of New York State Civil Service Law and the Unconsolidated Laws of New York State and for a probationary period of one (1) year. Vote Record - Item # 11 – Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department (1 of 2) – 8:21 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 12 – Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department (2 of 2) Whereas, the Westchester County Department of Human Resources has certified to the Village of Pelham a list of eligible candidates for the permanent appointment position of Police Sergeant; and Whereas, Brian Burrell is ranked on the foresaid list of eligible candidates. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotional appointment of Brian Burrell of Yonkers, NY, to the position of Police Sergeant, Job Class Code 0133-01, from Westchester County Civil Service Eligible List # 75- 962, effective Monday, January 6, 2025, at annual salary of $135,605.00, pursuant to the applicable provisions of New York State Civil Service Law and the Unconsolidated Laws of New York State and for a probationary period of one (1) year. Vote Record - Item # 12 – Resolution Authorizing the Promotion of a Police Officer to Police Sergeant in the Village of Pelham Police Department (2 of 2) – 8:22 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 13 - Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $1,325,000 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 Costs of the Acquisition, Construction and Reconstruction of Parking Lot Improvements 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, construction and reconstruction of parking lot improvements 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 $1,325,000, 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 $1,325,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of parking lot improvements for the Village, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and 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 20(f) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is ten (10) years. The serial bonds authorized herein 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. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $1,325,000; (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 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 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. Vote Record - Item # 13 – Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $1,325,000 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 Costs of the Acquisition, Construction and Reconstruction of Parking Lot Improvements for the Village – 8:26 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 14 - Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $2,831,200 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, Construction and Reconstruction of Flood Mitigation Improvements for the Village (North Pelham Watershed) 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, construction and reconstruction of flood mitigation improvements for the Village (North Pelham Project), 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 $2,831,200, 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 $2,831,200, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of flood mitigation improvements for the Village (North Pelham Project), including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and 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 22 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 $2,831,200; (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 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 Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 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. Vote Record - Item # 14 – Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $2,831,200 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, Construction and Reconstruction of Flood Mitigation Improvements for the Village (North Pelham Watershed) – 8:27 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 15 - Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $955,000 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 Costs of the Acquisition, Construction and Reconstruction of Flood Mitigation Improvements for the Village (Highbrook Avenue Watershed) 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, construction and reconstruction of flood mitigation improvements for the Village (Highbrook Avenue Project), 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 $955,000, 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 $955,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of flood mitigation improvements for the Village (Highbrook Avenue Project), including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and 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 22 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 $955,000; (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 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 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. Vote Record - Item # 15 – Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $955,000 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 Costs of the Acquisition, Construction and Reconstruction of Flood Mitigation Improvements for the Village (Highbrook Avenue Watershed) – 8:27 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 16 - Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $255,000 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 Costs of the Acquisition of a Payloader 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 a payloader for the Village, including any preliminary and incidental costs related thereto, at a total cost not to exceed $255,000, 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 $255,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of a payloader 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 28 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years. The serial bonds authorized herein 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 $255,000; (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 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 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 Treasurer Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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. Vote Record - Item # 16 – Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $255,000 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 Costs of the Acquisition of a Payloader for the Village – 8:28 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 17 - Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $875,000 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 Costs of the Acquisition, Construction and Reconstruction of Improvements to the Village Municipal Center 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, construction and reconstruction of improvements to the Village Municipal Center, 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 $875,000, 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 $875,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of improvements to the Village Municipal Center, including any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and 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 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty-five (25) years. The serial bonds authorized herein shall have a maximum maturity of twenty- five (25) 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 $875,000; (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 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 Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 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 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 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. Vote Record - Item # 17 – Bond Resolution Dated December 17, 2024, Authorizing the Issuance of up to $875,000 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 Costs of the Acquisition, Construction and Reconstruction of Improvements to the Village Municipal Center – 8:29 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 18 – Other Business Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Village Board of Trustees has found and determines it to be desirable to encourage property owners to improve property with environmentally sustainable uses and green infrastructure; and Whereas, the 139 Fifth Avenue property consists of two tax parcels. One fronts on Fifth Avenue and is zoned Business-2, and the second parcel fronts on Fourth Avenue and is zoned Residence M; and Whereas, on February 11, 2020, the Village Board of Trustees granted Pelham RE Partners, LLC (the “applicant”), site plan approval for a mixed-use development at 139 Fifth Avenue (the “Project”) that complied with Village Code § 98-106.3 and met the requirements for the Business District Floating Zone (“BDFZ”); and Whereas, on February 13, 2024, the Village Board of Trustees granted approval to amend the approved site plan to include solar canopy (see “Site Plan A07, prepared by Gallin Beeler Design Studio”), and Whereas, the originally approved site plan included 1,400 square feet of ground floor commercial space and non-rentable ground floor space for a community use; and Whereas, the applicant requests that approximately 920 square feet the 1,400 square feet of ground floor space be modified to permit a counter food restaurant; and Whereas, the site plan is allocating five (5) parking spaces (existing) as required in 98-114 for a restaurant use (five parking spaces plus one space for each 100 square feet of space available to patrons over the first 1,000 square feet; and for each 200 sf of floor area available to patrons); and Whereas, the applicant is requesting that 363 square feet of the ground floor space be permitted to be used for back-of-house office space – a use that will not increase a demand for parking; and Whereas, the approximate allocation of space is requested to be as follows: Occupancy Kitchen 328 sf 200sf/person 2 persons Seating 465 sf 15sf/person 31 persons Waiting 185sf 5sf/person 37 persons Office 363sf 100sf/person 3 persons Total 73 persons Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Whereas, the applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 139 Avenue property; and Whereas, Pelham RE Partners LLC has submitted the following documents and plans in support of the subject application: • Existing Reference Plan – Main Level, prepared by Gallin Beeler Design Studio, dated October 28, 2024. • Proposed Schematic Layout - Main Level Plan for a counter food restaurant prepared by Gallin Beeler Design Studio, dated October 28, 2024; • Precedent Images for 139 5th Avenue, prepared by Gallin Beeler Design Studio and dated October 28, 2024. Whereas, Pelham RE Partners LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Village Board of Trustees considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g) with respect to the NYS Environmentally Quality Review Act (SEQRA) and found the proposed site plan modification to be consistent with the environmental determination made on 2-11- 2020 of no significant impact. Now, therefore be it resolved, that after considering the documents submitted by the applicant, as recited above, the Board of Trustees of the Village of Pelham finds and determines as follows: A. The modification to the approved site plan is granted pursuant to this resolution and shall be conditioned on the proposed project being installed/constructed in accordance with the drawings listed above. B. The approval is limited to the proposed reallocation of the 1400 square foot ground floor space at 139 Fifth Avenue only; C. This modification to an approved site plan is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of the Board of Trustees of the Village of Pelham. If any of the terms of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. Be it further resolved, that in accordance with Village Code §79-7, this modification to an approved site plan shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution unless the Board of Trustees extends, by resolution, the time within which to do so; and Be it further resolved that this modification to an approved site plan shall be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 18 – Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue – 8:16 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Resolution Authorizing Attendance at NYCOM Winter Legislative Meeting Whereas, the New York State Conference of Mayors and Municipal Officials (“NYCOM”) is an association of, and for, cities and villages in New York. Since 1910, NYCOM has united local government officials in an active statewide network focused on the singular purpose of finding the most effective means of providing essential municipal services; and Whereas, NYCOM hosts its annual winter legislative meeting at the Marriott Albany each year; and Whereas, Attendance at this training event is permitted by § 77-b of the General Municipal Law. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Mayor, Deputy Mayor, Village Trustee Mohan and Solomon to attend the 2025 Winter Legislative Meeting at the Marriott Albany on behalf of the Village of Pelham from Sunday, February 2, 2025 to Tuesday, February 4, 2025, cost of said meeting including travel, hotel and registration fees to be covered by the Village. Vote Record - Item # 18 – Resolution Authorizing Attendance at NYCOM Winter Legislative Meeting – 8:29 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, December 17, 2024 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, December 17, 2024 Item # 19 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Eldahry, voted unanimously by all at 8:30 PM to adjourn for evening. Respectfully Submitted, Adriana Rugova, Village Clerk