VILLAGE OF PELHAM
BOARD OF TRUSTEES MEETING
TUESDAY, FEBRUARY 1, 2005 8:00 PM
VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY
MINUTES
1. Call Public Meeting To Order
2. Pledge of Allegiance
3. Mayor’s Report
4. Trustees’ Reports
5. Village Administrator’s Report Approximate
6. Public Comment StartingTime
# Agenda Items: of Discussion
|
|
Audit |
8:15 p.m. |
|
7 |
Report and Presentation by O’Connor, Davies, Munns and Dobbins regarding the Audited Financial Statements for Fiscal Year 2003-04. |
Done. |
|
|
Agreements |
9:00 p.m. |
|
8 |
Authorizing an agreement between the Village and Ginsburg Development Corporation to address infrastructure issues on 1st St. |
Approved. |
|
|
Village Yard Site Plan |
9:30 p.m. |
|
9 |
A Bond Resolution in the amount of up to $80,000 to fund site planning design and environmental services for future Village Facilities (includes a parking improvement project funded in part by a grant through the Federal Transit Administration). |
Approved. |
|
10 |
Authorizing the award of contract 2004-11 based on reviews and interviews with respondents to the Request for Proposals for Site Planning, Design and Environmental Services for Development/ Redevelopment of a Combination of Public and Private Land. |
Approved. |
|
|
Department of Public Works |
10:00 p.m. |
|
11 |
A Bond Resolution in the amount not to exceed $12,600 to fund various garage improvements. |
Approved. |
|
12 |
Authorizing the award of contract 2005-03 in the amount of $12,600 to Furnish and Install Two (2) New Replacement Overhead Doors (with windows) for the Public Works Garage. |
Approved. |
|
13 |
A Bond Resolution in the amount not to exceed $82,000 to fund the purchase of vehicles and apparatus for construction and maintenance (new light duty dump truck and new sewer jet trailer). |
Approved. |
|
14 |
Authorizing the award of contract 2005-02 – One New Light Duty Dump Truck (12K Gross Vehicle Weight Max.) Delivered, or Approved Equal. |
Approved. |
|
15 |
Authorizing the award of contract 2005-04 for One New Trailer-Mounted High-Pressure Sewer Jet/Cleaner, (delivered, or equal). |
Approved. |
|
|
Grant/Letter of Intent |
10:30 p.m. |
|
16 |
Authorizing submission of a letter of intent and grant application to the NYS Emergency Management Office (NYSEMO). |
Approved. |
|
17 |
Authorizing the acceptance of a $5,000 grant from the Ginsburg Foundation for Revitalization of the Village of Pelham’s Downtown. |
Approved. |
|
|
Housekeeping |
10:40 p.m. |
|
18 |
Old Business/New Business. |
None. |
|
19 |
Approval of accounts payable and authorization of payment. |
Approved. |
|
20 |
Motion to approve the minutes. |
None. |
|
21 |
Adjournment – public portion of the meeting adjourned at 10:30 p.m. |
Approved. |
* Next meeting of the Board of Trustees – 8 p.m. Tuesday, February 15, 2005
Agenda is subject to change until the night of the meeting.
MINUTES OF A REGULAR MEETING OF THE
VILLAGE OF PELHAM BOARD OF TRUSTEES
VILLAGE HALL, 195 SPARKS AVENUE, PELHAM, NEW YORK
FEBRUARY 1, 2005 – 8 P.M.
Mayor Michael J. Clain called the meeting to order at 8:00 p.m., and the pledge of allegiance followed.
The following members of the Board of Trustees (BOT) were present:
Mayor Michael J. Clain; Trustees Ciro Greco, Mia Homan, Edward Hotchkiss, David Merrick, Peter Potocki and Michael Rozycki.
Village staff attending the meeting were:
Village Administrator/Treasurer Richard Slingerland, Deputy Treasurer Deborah DelGrosso, Treasurer Advisor Shirley Brown, Village Attorney Robert Tracy.
Item #3 – Mayor’s Report: Mayor Clain asked for a moment of silence in memory of Michael Crawford, the former member of the Zoning Board of Appeals, who died after protracted difficulties from cancer.
Mayor Clain reported on the ongoing negotiations with the City of New Rochelle and the Glenwood Lake Homeowner’s Association, and that the Village would be continuing to work with New Rochelle to ask for their cooperation to resolve the long-term flooding problems. He also reported that he would speak with Mayor Davis about Mount Vernon’s stadium plans.
Item #4 – Trustees’s Reports:
Trustee Greco reported he had made contacts in the Albany offices of the Secretary of State and had been working with their Code Revision Assistance program on the proposals for planning and zoning changes to the Village Code.
Trustee Potocki reported on the temporary “no parking” plan for St. Catherine’s, and Chief Benefico’s ongoing plans for a combined police department. Trustee Rozycki inquired as to the status of replacing the Police K-9 dog, and Trustee Potocki said he would check. Trustee Potocki also reported on the availability of parking meter keys.
Trustee Homan thanked the Public Works Department for a good job cleaning up the snow. She mentioned complaints from merchants that the clean-up should take place at night, and mentioned the Village is open to suggestions on better ways to do the clean-up, but that it is much more expensive to do it at night. She mentioned she would attend the Town Council Meeting on Monday, February 7, 2005, and asked the Board for the okay for the Town to clear Harmon Park to start preparing for the 9/11 Memorial, which the Board moved and approved.
Trustee Merrick reported on the presentation by the New York State Public Service Commission on Verizon’s intent to enter the cable television market, and that Verizon would be required to obtain a franchise from the Village when that happens.
Trustee Hotchkiss reported on the website and the status of the updates, as well as the call management system. He asked about the Village’s I.S.O. insurance rating, and the Administrator informed him the Village had just provided new information to the I.S.O., with the goal of improving the Village’s insurance rating to lower homeowners’ fire insurance rates.
Item #5 – Administrator’s report: Administrator Slingerland reported that the bus-shelter inquiry from Westchester County would be referred to the ARB and the Chamber of Commerce for report and recommendation, that the next CSEA negotiation would be February 2, 2005, and that he had circulated a grant list and summary.
Item #6 – Public Comment:
John Walsh of Nyac Avenue, asked about the status of the Wolfs Lane plans, and Mayor Clain advised him the Village would be reviewing that and having one or two public meetings and discussion over the next 4-5 months.
Item #7 -- Report and Presentation by O’Connor, Davies, Munns and Dobbins regarding the Audited Financial Statements for Fiscal Year 2003-04.
The Village’s audit team Tom Kennedy, CPA, and John Pintos, CPA, from O’Connor Davies Munns & Dobbins made their presentation on the audit of the Village of Pelham’s financial statements for Fiscal Year 2003-2004. They discussed the financial statements, the management letter, and asked for Board input and final approval and acceptance of the audit to close it out. Tom Kennedy mentioned that last year and the year before, the Village had qualified opinions, but that this year’s audit gave a clean opinion of the village’s financial record keeping. He also mentioned the Village is required to file an A-133 single audit because the Village accepts federal funding exceeding the threshold.
The audit team mentioned the Village’s total fund balance of $1.5 million, made up of $1.15 General Fund Balance, and $350,000 Section 8 and Water Fund Balances. The Board asked about a general assessment of what is a good level of fund balance, and the auditors said the state recommends no less than 10% of operating, and that 2-3% is considered risky. Shirley Brown recommended a good level of fund to obtain a better bond rating is typically 20% of the operating budget. John Pintos also mentioned that because of the next level of the Government Accounting Standards Board Recommendation 34 (GASB 34) on financial statements, Bonds would now be recorded as liabilities and having a strong fund balance would improve the balance sheet.
Mayor Clain asked the Board to review the draft audit over the next week, get any comments to the auditors, and that the Board would have the audit on for final approval at the meeting of February 15, 2005.
Item #8 -- Authorizing an agreement between the Village and Ginsburg Development Corporation to address infrastructure issues on 1st St.
Mayor Clain and Trustee Greco explained the negotiations and settlement with Ginsburg Development (GDC) for GDC to fund $250,000 to relocate the old sanitary and storm sewer lines on First Street. The Administrator explained the location where GDC broke the Village’s old stone culvert is a bottle neck in the system, in which the flow capacity drops in half from a 48” round culvert under the street, to a 30” square stone culvert that is unstable.
The Board also discussed GDC’s planned open house on March 5, 2005.
After discussion and on the motion of Trustee Merrick, seconded by Trustee Homan, the following resolution was adopted as amended by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
RESOLUTION
AUTHORIZING AN AGREEMENT
BETWEEN THE VILLAGE OF PELHAM
AND THE GINSBURG DEVELOPMENT CORPORATION
TO ADDRESS INFRASTRUCTURE ISSUES ON FIRST STREET
WHEREAS, the Village of Pelham has been in discussions with the Ginsburg Development Corporation (GDC) regarding the infrastructure on First Street, including the adequacy of its current condition and its volume, as they relate to the Marbury Corners Project, including existing storm sewer and sanitary sewer infrastructure which run beneath the proposed site of six (6) units on the south side of First Street, Pelham.
THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the Mayor to sign an agreement that is satisfactory to the Village Attorney, containing the following provisions:
1. That the Village of Pelham will receive $250,000 to be held by the Village in reserve to be used to relocate storm lines and sanitary sewer lines, and any additional funds remaining after the contract is awarded and completed shall be used for flooding remediation;
2. That the GDC will encapsulate the remaining exposed culvert from the original break to the Metro North embankment, to ensure its long-term viability;
3. That the GDC will obtain the approval(s) of the MTA for whatever changes or improvements is(are) necessary for their site plan(s) to proceed, as they relate to the continued safe operation of the Metro North Railroad’s New Haven Line; and
4. That if the first three conditions are met, the Village will lift the stop-work order on the GDC site on the south side of First Street.
AND BE IT FURTHER RESOLVED, that the Mayor, the Village Attorney, the Village Administrator and all other appropriate Village Officials are authorized to take the necessary and appropriate actions to effect the provisions of this agreement.
Item #9 -- A Bond Resolution in the amount of up to $80,000 to fund site planning design and environmental services for future Village Facilities (includes a parking improvement project funded in part by a grant through the Federal Transit Administration).
After discussion and on the motion of Trustee Homan, seconded by Trustee Merrick, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
BOND RESOLUTION, DATED FEBRUARY 1, 2005, AUTHORIZING THE ISSUANCE OF UP TO $80,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE PLANNING COSTS FOR THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS FACILITIES IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW.
WHEREAS, the Board of Trustees of the Village of Pelham (the “Village”), located in County of Westchester, in the State of New York, hereby determines that it is in the public interest of the Village to authorize the financing of the planning costs for the acquisition, construction and reconstruction of various facilities in and for the Village, including any machinery, apparatus or equipment, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $80,000, 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 $80,000, pursuant to the Local Finance Law, in order to finance the planning costs for the acquisition, construction and reconstruction of various facilities in and for the Village, including any machinery, apparatus or equipment, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto (the “Project”).
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $80,000; (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 or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of such serial bonds authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item with respect to the Project for which proceeds of 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 the capital financing of such item.
Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 11(a)(1) and 62 of paragraph a of Section 11.00 of the Local Finance Law (such building being of “Class A” construction as that term is defined in 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 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 serial bonds authorized by this bond resolution and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds issued pursuant to this bond resolution 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 have impressed a facsimile thereof) to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer.
Section 5. 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 Pelham Weekly, 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 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 a summary thereof, are 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 of New York.
Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with (i) all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, (ii) all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and (iii) 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 Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any objects or purpose financed thereby, if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the serial bonds authorized herein or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. 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 serial bonds authorized herein and bond anticipation notes issued in anticipation of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to the obligations under, Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet the costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Administrator/Treasurer, acting in the name and on behalf of the Village, 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.
Item #10 – Authorizing the award of contract 2004-11 based on reviews and interviews with respondents to the Request for Proposals for Site Planning, Design and Environmental Services for Development/ Redevelopment of a Combination of Public and Private Land.
After discussion and on the motion of Trustee Merrick, seconded by Trustee Greco, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
AUTHORIZING THE AWARD OF CONTRACT 2004-11 REGARDING THE VILLAGE’S
REQUEST FOR PROPOSALS FOR SITE PLANNING, DESIGN AND ENVIRONMENTAL SERVICES FOR DEVELOPMENT/ REDEVELOPMENT OF A COMBINATION OF PUBLIC AND PRIVATE LAND.
WHEREAS, The Village Of Pelham Issued A Request For Proposals on Contract # 2004-11 for Site Planning, Design and Environmental Services for Development/ Redevelopment of a Combination of Public and Private Land, including parking facilities partially funded through a grant via the Federal Transit Administration (FTA); and
WHEREAS, a public notice was duly published on Friday, December 17, 2004, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and
WHEREAS, during the notice period twenty (20) companies received the notice and a copy of the contract, with the list of such contractors being on file in the Village Administration Office, and in response to questions raised by potential bidders two (2) addenda were issued; and
WHEREAS, at 2:20 p.m. E.S.T., Tuesday, January 18, 2005, the Village of Pelham publicly opened and read four (4) proposals, which were as follows:
Company Bid Amount
1. Buckhurst, Fish & Jacquemart, New York, NY $49,000
2. Saccardi & Schiff, White Plains, NY $125,000
3. AKRF, White Plains and New York, NY $199,100
4. Saratoga Associates, New York, NY $205,000
AND WHEREAS, Mayor Michael Clain and Administrator Richard Slingerland interviewed the two lowest responsible bidders and have determined that the lowest responsible bid that meets the requirements is Buckhurst, Fish & Jacquemart of New York, NY, with traffic analysis, an additional community meeting and an additional public meeting with the Village for an additional cost of eight thousand dollars ($8,000), for a total approximate bid price of fifty seven thousand dollars ($57,000) to be paid from Bond proceeds, with a percentage relative to the FTA parking facilities and access to the FTA parking facilities to be reimbursed to the Village by the FTA.
NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2004-11 to Buckhurst, Fish & Jacquemart of New York, NY, at the total approximate bid cost of fifty seven thousand dollars ($57,000), to be funded from Bond proceeds, with a percentage relative to the FTA parking facilities and access to the FTA parking facilities to be reimbursed to the Village by the FTA, and be it
FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this contract and complete this work.
Item #11 – A Bond Resolution in the amount not to exceed $12,600 to fund various garage improvements.
The Board discussed the matter, and a few of the Trustees felt the expense – since it was relatively small – should be paid out of fund balance, instead of out by bonds. The Administrator asked the Board to wait and see on using fund balance until after the Fiscal Year end.
After discussion and on the motion of Trustee Homan, seconded by Trustee Merrick, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of five in favor, two opposed – Greco and Rozycki, as follows:
BOND RESOLUTION, DATED FEBRUARY 1, 2005, AUTHORIZING THE ISSUANCE OF UP TO $12,600 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF GARAGE IMPROVEMENTS FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW.
WHEREAS, the Board of Trustees of the Village of Pelham (the “Village”), located in County of Westchester, in the State of New York, 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 garage improvements for the Village, including any machinery, apparatus or equipment necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $12,600, 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 $12,600, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of garage improvements for the Village, including any machinery, apparatus or equipment necessary therefor and any preliminary and incidental costs related thereto (the “Project”).
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $12,600; (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 or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of such serial bonds authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item with respect to the Project for which proceeds of 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 the capital financing of such item.
Section 3. 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 (such building being of “Class A” construction as that term is defined in 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 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 serial bonds authorized by this bond resolution and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds issued pursuant to this bond resolution 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 have impressed a facsimile thereof) to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer.
Section 5. 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 Pelham Weekly, 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 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 a summary thereof, are 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 of New York.
Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with (i) all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, (ii) all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and (iii) 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 Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any objects or purpose financed thereby, if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the serial bonds authorized herein or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. 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 serial bonds authorized herein and bond anticipation notes issued in anticipation of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to the obligations under, Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet the costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Administrator/Treasurer, acting in the name and on behalf of the Village, 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.
Item #12 -- Authorizing the award of contract 2005-03 in the amount of $12,600 to Furnish and Install Two (2) New Replacement Overhead Doors (with windows) for the Public Works Garage.
After discussion and on the motion of Trustee Rozycki, seconded by Trustee Greco, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
AUTHORIZING THE AWARD OF CONTRACT 2005-03
TO FURNISH AND INSTALL TWO (2) NEW REPLACEMENT OVERHEAD DOORS (WITH WINDOWS) FOR THE PUBLIC WORKS GARAGE.
WHEREAS, The Village Of Pelham Issued A Request For Bids/Proposals on Contract # 2005-03 to Furnish and Install Two (2) New Replacement Overhead Doors (with windows) for the Public Works Garage; and
WHEREAS, a public notice was duly published on Friday, January 14, 2005, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and
WHEREAS, during the notice period nine (9) companies received the notice and a copy of the contract, with the list of such contractors on file in the Village Administration Office, and in response to questions raised by potential bidders two (2) addenda were issued; and
WHEREAS, at 11:30 a.m. E.S.T., Friday, January 28, 2005, the Village of Pelham publicly opened and read four (4) proposals, which were as follows:
Company Bid Amount
1. Overhead Door Company of Elmsford, NY $10,683
2. Allstate Overhead Doors Sales & Service of Yonkers, NY $11,500
3. Atlantic Rolling Door Co. of the Bronx, NY $13,630
4. Deegan Overhead Doors of Yonkers, NY $14,250
AND WHEREAS, Administrator Richard Slingerland and General Foreman Harry Pallett have determined that the lowest responsible bid that meets the requirements is the Overhead Door Company of Elmsford, NY, at the total approximate bid price of ten thousand six hundred eighty-three dollars ($10,683), including safety strip and safety photo cell door mechanisms.
NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2005-03 to furnish and install the new overhead doors with windows, and remove the old doors, tracks and equipment, to the Overhead Door Company of Elmsford, NY, at the total approximate bid price of ten thousand six hundred eighty-three dollars ($10,683), including safety strip and safety photo cell door mechanisms; and be it
FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this contract.
Item #13 -- A Bond Resolution in the amount not to exceed $82,000 to fund the purchase of vehicles and apparatus for construction and maintenance (new light duty dump truck and new sewer jet trailer).
After discussion and on the motion of Trustee Homan, seconded by Trustee Greco, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
BOND RESOLUTION, DATED FEBRUARY 1, 2005, AUTHORIZING THE ISSUANCE OF UP TO $82,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF PELHAM, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW.
WHEREAS, the Board of Trustees of the Village of Pelham (the “Village”), located in County of Westchester, in the State of New York, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of machinery and apparatus for construction and maintenance, including (i) a light-duty dump truck and (ii) a sewer-jet cleaner, for the Village, and including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $82,000, 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 $82,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of machinery and apparatus for construction and maintenance, including (i) a light-duty dump truck ($29,000) and (ii) a sewer-jet cleaner ($53,000), for the Village, and including any preliminary and incidental costs related thereto (the “Project”).
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project are not to exceed $82,000; (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 or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of such serial bonds authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item with respect to the Project for which proceeds of 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 the capital financing of such item.
Section 3. 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 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 serial bonds authorized by this bond resolution and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including renewals thereof, and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes are hereby delegated to the Village Administrator/Treasurer, as the chief fiscal officer of the Village. The Village Administrator/Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds issued pursuant to this bond resolution 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 have impressed a facsimile thereof) to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Administrator/Treasurer.
Section 5. 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 Pelham Weekly, 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 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 a summary thereof, are 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 of New York.
Section 7. Prior to the issuance of any obligations authorized herein, the Board of Trustees of the Village shall comply with (i) all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, (ii) all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and (iii) 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 Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any objects or purpose financed thereby, if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the serial bonds authorized herein or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof. 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 serial bonds authorized herein and bond anticipation notes issued in anticipation of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to the obligations under, Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Administrator/Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such obligations authorized herein in accordance with the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Administrator/Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet the costs the Village would be required to incur to perform thereunder. The Village Administrator/Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Administrator/Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Administrator/Treasurer, acting in the name and on behalf of the Village, 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.
Item #14 -- Authorizing the award of contract 2005-02 – One New Medium Duty Dump Truck (12K Gross Vehicle Weight Max.) Delivered, or Approved Equal.
After discussion and on the motion of Trustee Hotchkiss, seconded by Trustee Homan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
AUTHORIZING THE AWARD OF CONTRACT 2005-02
FOR ONE NEW MEDIUM-DUTY DUMP TRUCK (12K GROSS VEHICLE WEIGHT MAX.) DELIVERED, OR APPROVED EQUAL.
WHEREAS, The Village Of Pelham Issued A Request For Bids/Proposals on Contract # 2005-02 For One New Medium Duty Dump Truck (12k Gross Vehicle Weight Max.) Delivered, Or Approved Equal; and
WHEREAS, a public notice was duly published on Friday, January 14, 2005, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and
WHEREAS, during the notice period fourteen (14) companies received the notice and a copy of the contract, with the list of such contractors on file in the Village Administration Office; and
WHEREAS, at 11:15 a.m. E.S.T., Friday, January 28, 2005, the Village of Pelham publicly opened and read four (4) proposals, which were as follows:
Company Bid Amount
1. Willow Motors of Port Chester, NY $27,353
2. Bruno Truck Sales of Brooklyn, NY $28,459
3. Paramus Chevrolet of Paramus, NJ $31,683
4. Beck Chevrolet of Yonkers, NY $32,169
AND WHEREAS, Administrator Richard Slingerland and General Foreman Harry Pallett have determined that the lowest responsible bid that meets the requirements is the Willow Motors of Port Chester, NY, at the total approximate bid price of twenty seven thousand three hundred fifty-three dollars ($27,353), including crysteel dump body and revolving overhead light.
NOW, THEREFORE, BE IT RESOLVED, that the Village hereby awards Contract 2005-02 For One New Light Duty Dump Truck (12k Gross Vehicle Weight Max.) Delivered, Or Approved Equal, to Willow Motors of Port Chester, NY, at the total approximate bid price of twenty seven thousand three hundred fifty-three dollars ($27,353); and be it
FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to take the necessary and appropriate actions to effect and execute this contract.
Item #15 -- Authorizing the award of contract 2005-04 for One New Trailer-Mounted High-Pressure Sewer Jet/Cleaner, (delivered, or equal).
After discussion and on the motion of Trustee Merrick, seconded by Trustee Homan, the following resolution was adopted unanimously by the Board of Trustees of the Village of Pelham by vote of seven in favor, none opposed, as follows:
AUTHORIZING THE AWARD OF CONTRACT 2005-04 FOR ONE NEW TRAILER-MOUNTED HIGH-PRESSURE SEWER JET/CLEANER, DELIVERED, OR APPROVED EQUAL.
WHEREAS, The Village Of Pelham Issued A Request For Bids/Proposals on Contract # 2005-04 One New Trailer-Mounted High-Pressure Sewer Jet/Cleaner, Delivered, or approved equal; and
WHEREAS, a public notice was duly published on Friday, January 14, 2005, in the Gannett Westchester Newspaper, an official newspaper of the Village of Pelham; and
.
WHEREAS, during the notice period eight (8) companies received the notice and a copy of the contract, with the list of such contractors on file in the Village Administration Office; and
WHEREAS, at 11:45 a.m. E.S.T., Friday, January 28, 2005, the Village of Pelham publicly opened and read two (2) proposals, which were as follows:
Company Bid Amount
1. U.S. Jetting Company of Alpharetta, GA $45,900
2. Bahr Sales, Inc. of Wallingford, CT $51,238
AND WHEREAS, Administrator Richard Slingerland and General Foreman Harry Pallett have reviewed the bids, including deviations from the specifications bid by U.S. Jetting Company – including deviations from the specifications on the following items:
Item: Requirement: Item proposed:
Water Reservoir 700 gallons &n