https://sleepyhollow.localarchives.org/files/original/37eb7a4c0877d13e79b9ff78ce97c9ba.pdf 092c7035707e096f982d392cd58ad6bd PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow The Board of Trustees of the Village of Sleepy Hollow held a Board Meeting on Tuesday, November 13, 2012 at the Sleepy Hollow Village Hall, 28 Beekman Avenue, Sleepy Hollow N.Y. Present: Mayor Kenneth G. Wray Deputy Mayor Karin Wompa Bruce Campbell Barbara CanJennifer Lobato-Church Susan MacFarlane Evelyn Stupel Trustees Also Present: Anthony Giaccio, Village Administrator Janet Gandolfo, Village Attorney Sara DiGiacomo, Village Treasurer Rich Gross, General Foreman Greg Camp, Police Chief At 7:00 p.m. Mayor Wray called the meeting to order with a pledge to the flag. Public Hearing: Mr. Giaccio read the public hearing notice on code revisions. There were no public comments. The hearing was adjourned. Trustee Lobato-Church asked if the next work session could be devoted entirely to a discussion on the code. The Board agreed. Approval of Warrants: Trustee Carr moved, seconded by Trustee Wompa to approve warrant 12NOV13 in the amount of $959,108.79. Motion carried 6-0 Approval of Minutes: Trustee Campbell moved, seconded by Trustee Lobato-Church to approve the minutes for October 16, 2012. Motion Carried 5-0 (MacFarlane abstained). Trustee Campbell moved, seconded by Trustee Lobato-Church to approve the minutes for November 6, 2012. Motion Carried 6-0. The October 9, 2012 minutes were tabled. Mayor's Announcements: Mayor Wray reported that according to Con Edison, all power has been restored in Sleepy Hollow. Mayor Wray congratulated Paula McCarthy and Earl Tompkins on their recent marriage. �Trustee Reports: Trustee Carr reported that expenses related to water use overages have decreased significantly since the Village no longer provides water to Briarcliff. Trustee MacFarlane had no report Trustee Campbell announced that there will be a work session at Kendal on Hudson on December 4, 2012 beginning at 7:30pm. Public comments will be permitted. Deputy Mayor Wompa reported that the Downtown Revitalization Committee is working on the Village calendar. Advertising space is still available. If anyone has photos for the calendar they can send them to shdrccalendar@gmail.com Trustee Stupel reported that Court was in session on October 23, 2012. There were nine illegal housing cases on the docket. The next Court date is on November 29, 2012. Trustee Stupel reported that the building department was successful in vacated four illegal apartments on Washington Street and an illegal basement apartment on Chestnut Street. Discussion ensued. Trustee Stupel reminded residents that leaves need to be placed at curbside. Trustee Lobato-Church reported that Chief Ryan and the Fire Department are collecting and delivering supplies to those affected by Hurricane Sandy. Donations can be brought to Village Hall during regular office hours. The Fire Department informed Trustee Lobato-Church that the Fire Department of Broad Channel, NY lost its only fire truck during the storm and would greatly benefit from receiving Sleepy Hollow's old fire truck. There was a discussion on how the Village can donate or sell the old fire truck legally. Janet Gandolfo will prepare a resolution on this next week. Trustee Lobato-Church raised the issue of paid emergency medical technicians. There will be a discussion on this at the next work session. Trustee Lobato-Church announced that the Police Advisory Committee will meet on Monday, November 19, 2012. Administrator's Report: Mr. Giaccio read his report (Attached). Mayor Wray commented on the slow response from Con Edison and thanked the Village's emergency services for handling the crisis in a professional manner. �Public Comments: Shelley Robinson, First Lieutenant of the Sleepy Hollow Volunteer Ambulance Corps, read a prepared statement related to paid Emergency Medical Technicians (attached). Ms. Robinson then read a letter from Ambulance Corps Captain Jay Brennan (attached). Sung Pak, Second Lieutenant of the Sleepy Hollow Volunteer Ambulance Corps also had comments. Mr. Pak informed the Board that, by law, an EMT has to be on every ambulance call. Mr. Pak said that currently there are only eight active EMTs in the Corps. This has put a strain on the members and could result in burn-out. Mr. Pak believes that paid EMTs would help to bridge the gap until more EMTs join the Corps. A class is being given next year. Resolutions: See attached Prior to voting on a bond resolution, the Board discussed the need for additional security cameras. Chief Camp and Rich Gross advocated for the cameras. Janet Gandolfo and Sara DiGiacomo informed the Board that passing the bond resolution does not mean the cameras have to be purchased. Discussion ensued. Correspondence: None Old Business: None Executive Session: At 8:47 p.m., on a motion made by Trustee Campbell and seconded by Trustee Carr and carried unanimously, the Board moved into executive session to discuss legal matters. At 9:30, on a motion made by Trustee Campbell and seconded by Trustee Wompa and carried unanimously, the Board moved out of executive session. On motion by Trustee Campbell, Seconded by Trustee Carr the meeting was adjourned at 9:31 p.m. Respectfully submitted, ( %.Ty-:*./' J •- : Anthony"€rk6cio Village Administrator �VILLAGE OF SLEEPY HOLLOW NOTICE OF PUBLIC HEARING ON PROPOSED LOCAL LAW PLEASE TAKE NOTICE that, for the purpose of adopting a codification of the local laws, ordinances and certain resolutions of the Village of Sleepy Hollow, said codification to be known as the "Code of the Village of Sleepy Hollow," a continuation of the public hearing will be held by the Board of Trustees at Village Hall, 28 Beekman Avenue in the Village of Sleepy Hollow, on the November 13, 2012, at 7:00 p.m. or shortly thereafter, originally set for Tuesday, the 10m day of July, 2012, at 7 p.m.; to consider the enactment of the proposed local law described and summarized below: PROPOSED LOCAL LAW NO. -2012 A LOCAL LAW TO PROVIDE FOR THE CODIFICATION OF THE LOCAL LAWS, ORDINANCES AND CERTAIN RESOLUTIONS OF THE VILLAGE OF SLEEPY HOLLOW INTO A MUNICIPAL CODE TO BE DESIGNATED THE "CODE OF THE VILLAGE OF SLEEPY HOLLOW" This local law: (1) States the legislative intent of the Board of Trustees in adopting the Code. (2) Provides for the designation of the local laws, ordinances and certain resolutions of the Village of Sleepy Hollow as the "Code of the Village of Sleepy Hollow." (3) Repeals local laws and ordinances of a general and permanent nature not included in the Code, except as provided. (4) Saves from repeal certain local laws and ordinances and designates certain matters not affected by repeal. (5) Retains the meaning and intent of previously adopted legislation. (6) Provides for the filing of a copy of the Code in the Village Clerk's office. (7) Provides for certain changes in or additions to the Code. (8) Prescribes the manner in which amendments and new legislation are to be incorporated into the Code. (9) Requires that Code books be kept up-to-date. (10) Provides for the sale of Code books by the village and the supplementation thereof. (11) Prohibits tampering with Code books, with offenses punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both. (12) Establishes severability provisions with respect to the Code generally. �(13) Provides that the local law will be included in the Code as Chapter 1, Article I. (14) Adopts the "Code of the Village of Sleepy Hollow," the Table of Contents of which is as follows: TABLE OF CONTENTS PART I: ADMINISTRATIVE LEGISLATION I. General Provisions 5. Administrator 9. Architectural Review Board II. Architecture, Land Use Development, Buildings and Building Compliance, Department of 23. Defense and Indemnification 27. Disciplinary Hearings 34. Ethics, Code of 71. Police, Auxiliary 80. Records, Public Access to 83. Recreation Commission 87. Residency Requirements PART II: GENERAL LEGISLATION 110. Alarm Systems 114. Alcoholic Beverages 119. Amusement Devices 123. Animals 135. Bicycles, In-Line Skates and Skateboards 139. Boardinghouses 145. Building Construction 148. Buildings, Demolition of 151. Buildings, Numbering of 167. Dance Halls and Dancing 175. Dumpsters 182. Electrical Standards 190. Excavation, Filling and Topsoil Removal 193. Explosives and Blasting 200. Fees �208. Filming 216. Fishing 220. Flood Damage Prevention 225. Gardeners 229. Gasoline Stations 234. Graffiti 240. Handbills and Posters 245. Housing Standards 251. Industrial Facilities 259. Laundries and Car Washes 263. Littering 268. Public Gatherings 272. Noise 276. Notification of Defects 280. Nuisances 295. Parks and Recreation Areas 299. Peddling and Soliciting 304. Plumbers 310. Property Maintenance 319. Residential Occupancy Restrictions 326. Sewer Rents 330. Sewers 338. Signs 342. Slaughterhouses and Fat-Rendering Establishments 347. Solid Waste 353. Storm Sewers 358. Stormwater Management and Erosion and Sediment Control 362. Streets and Sidewalks 367. Tattooing 370. Taxation 373. Taxicabs 377. Telecommunications Franchises 385. Trees 400. Vehicles and Traffic 405. Vehicles, Recreational �411. Water 414. Waterfront Consistency Review 418. Wetlands and Watercourses PART III: LAND USE LEGISLATION 425. Subdivision of Land 450. Zoning Copies of the local law described above and of the Code proposed for adoption thereby are on file in the office of the Village Clerk of the Village of Sleepy Hollow, where the same are available for public inspection during regular office hours from 8:30 am to 4:30 pm and on the Village website at www.sleepvhollownv.gov PLEASE TAKE FURTHER NOTICE that all interested persons will be given an opportunity to be heard on said proposed local law at the place and time aforesaid. Village Hall is accessible to the handicapped. NOTICE IS HEREBY GIVEN, pursuant to the requirements of the Open Meetings Law of the State of New York, that the Board of Trustees of the Village of Sleepy Hollow will convene in public meeting at the place and time aforesaid for the purpose of conducting a public hearing on the proposed local law described above and, as deemed advisable by said Board, taking action on the enactment of said local law. DATED: July 10, 2012 BY ORDER OF THE BOARD OF TRUSTEES VILLAGE OF SLEEPY HOLLOW Paula A. McCarthy Village Clerk �Meeting Date: Resolution No: 11/13/2012 11/138/2012 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow to Terminate Deputy Treasurer Whereas, Mrs. Clara Zamora has been absent from her employment from the Department of Finance in excess of one year; and Whereas, Civil Service Law permits the termination of employees who have been absent from their employment in excess of one year; and Whereas, Mrs. Clara Zamora has been served with proper notice regarding the Village's intention to terminate her employment. Now, therefore, be it resolved, the employment of Clara Zamora with the Village of Sleepy Hollow is hereby terminated effective immediately. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 6-0 �Meeting Date: 11/13/2012 Resolution #: 11/139-A/2012 Bond Resolution A ENVIRONMENTAL COMPLIANCE RESOLUTION TO MAKE FINDINGS AND DETERMINATIONS Whereas, Hahn Engineering Inc, a competent architect/engineering firm, duly licensed by the State of New York (the "Architect/Engineer"), has, at the instance of the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, prepared plans and studies for the construction, reconstruction, widening or resurfacing of a road or street, including sidewalks, curbs, gutters, drainage, landscaping and grading, including furnishings and preliminary work and the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto (the "Project") and said engineering plans and studies have been filed in the office of the Village Clerk and are on file for public inspection; and Whereas, the Board of Trustees of the Village has determined that upon the examination of an environmental assessment form ("EAF") prepared by the Architect/Engineer, the Project is a "type 2 action", as that term is defined in 6 NYCRR §617.5, and therefore the Village has caused the EAF to be prepared and promptly filed with the Village Clerk; and Whereas, it is proposed that the maximum amount estimated to be expended for the Project is $330,795 and that the costs of the Project, in whole or in part, are to be financed by the issuance of serial bonds of the Village in the aggregate principal amount of up to $330,795, pursuant to the Local Finance Law of the State of New York (the "LFL") and, if deemed advisable, by the issuance of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and NEWYORK/154813.1 �Whereas, it is proposed that the costs of the Project are to be paid from a tax levied upon all the taxable property in the Village in annual installments determined by the Board of Trustees of the Village in amounts sufficient to pay the principal of and interest on said serial bonds, to be authorized in a bond resolution to be adopted by the Board of Trustees of the Village; and Whereas, the evidence contained in such engineering plans and studies and in the EAF with respect to the Project permits the Board of Trustees of the Village to make the determinations hereinafter in connection with actions to be made for the purpose of authorizing the financing of the Project; Now, therefore, pursuant to proceedings prescribed in 6 NYCRR at §617 of the State Environmental Quality Review Act ("SEQRA") regulations, BE IT RESOLVED, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, as follows: Section 1. The Village, by and through its Board of Trustees, hereby declares and designates itself to be the "lead agency", as that term is defined in 6 NYCRR §617.2(u), with respect to the environmental review of the Project. Section 2. Upon receipt and examination of the EAF, it is hereby determined that the Project is a "type 2 action", as that term is defined in 6 NYCRR §617.5. Section 3. No other agency other than the Village is involved in said environmental review and no coordinated review or segmentation of such review is necessary or required with respect to the Project. D0B:[04785.DOCS.SOUTHORANGE]8-97_PROCEEDINGS.RES NEWYORK/154813.1 2 �Section 4. No hearing as set forth in 6 NYCRR §617.9(a)(4) is required in making the determinations contained herein with respect to the costs of the Project. Section 5. Taking into account the criteria set forth in 6 NYCRR §617.7, upon review of all pertinent information, including taking a hard look at all the facts and circumstances, it is determined that the Project (i) will have a significant effect on the climate or climate change, and (ii) will have a significant effect on the environment, and no unidentified adverse effects are anticipated with respect thereto and require the further preparation of an Environmental Impact Statement. Section 6. It is hereby determined that for purposes of the SEQRA regulations the serial bond resolution to be adopted under the LFL to finance the Project shall not be or be deemed to be an "action", as that term is defined in 6 NYCRR §617.2(b), until such bond resolution is adopted by the Board of Trustees of the Village. Section 7. The Village shall include a true copy of this resolution in the file maintained, readily accessible to the public, in the office of the Village Clerk, containing the EAF. Section 8. This resolution shall take effect immediately upon its adoption by the Board of Trustees of the Village. Moved: Trustee MacFarlane Seconded: Trustee Campbell D0B:L04785.DOCS.SOUTHORANGE]8-97_PROCEEDINGS.RES NEWYORK/154813.1 3 Vote: 6-0 �Meeting Date: 11/13/2012 Resolution #: 11/139-B/2012 Bond Resolution B BOND RESOLUTION, DATED NOVEMBER 13, 2012, AUTHORIZING THE ISSUANCE OF UP TO $454,068 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION OF MOTOR VEHICLES, (II) THE ACQUISITION OF EQUIPMENT, MACHINERY, APPARATUS OR FURNISHINGS, (III) THE PURCHASE AND INSTALLATION OF PARKING METERS, (IV) THE PURCHASE OF EQUIPMENT OR FURNISHING USED IN CONNECTION WITH AN AMBULANCE, (V) THE INITIAL PLANNING OF COMPREHENSIVE IMPROVEMENTS TO DELL STREET, AND (VI) THE PAYMENT OF A JUDGMENT OR COMPROMISED OR SETTLED CLAIM AGAINST THE VILLAGE, IN AND FOR THE VILLAGE. Whereas, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of motor vehicles ($137,418), (ii) the acquisition of equipment, machinery, apparatus or furnishings ($211,589), (iii) the purchase and installation of parking meters ($10,507), (iv) the purchase of equipment or furnishing used in connection with an ambulance ($26,265), (v) the initial planning of comprehensive improvements to Dell Street ($31,518), and (vi) the payment of a judgment or compromised or settled claim against the Village ($36,771), in and for the Village, including any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $454,068, in accordance with the Local Finance Law; Now, therefore, be it resolved, by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $454,068, pursuant to the Local Finance Law, in order to finance the NEWYORK/154748.1 �costs of the specific objects or purposes, or classes of objects or purposes, which costs may vary between and among the same objects or purposes up to the total amount authorized herein and hereinafter described. Section 2. The specific objects or purposes, or classes of objects or purposes, to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of motor vehicles, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $137,418 for which $137,418 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The acquisition of equipment, machinery, apparatus or furnishings, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $211,589 for which $211,589 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 32 of paragraph a of �Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (c) The purchase and installation of parking meters, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $10,507 for which $10,507 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (d) The purchase of equipment or furnishing used in connection with an ambulance, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $26,265 for which $26,265 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 27-a of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (e) The initial planning of comprehensive improvements to Dell Street, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $31,518 for which �$31,518 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 62(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (f) The payment of a judgment or compromised or settled claim against the Village, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $36,771 for which $36,771 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 33(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and Section 3. 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 $454,068; (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, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maturity of such serial bonds authorized herein shall not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein 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 expenditure. 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 as authorized herein, and/or bond anticipation notes issued 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 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 impress the seal of the Village (or to have imprinted a facsimile thereof) on 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 Treasurer. Section 5. The faith and credit of the Village are 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 herein, 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 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 were 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 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 any 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 serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), 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 the Project 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 any serial bonds authorized and issued under this bond resolution 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 in connection with 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 Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, 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 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 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 and such bond counsel or other qualified independent special counsel in determining whether a filing should be made. �Section 10. This bond resolution is effective immediately upon adoption by the Board of Trustees of the Village. Moved: Deputy Mayor Wompa Seconded: Trustee Campbell Vote:6-0 �Meeting Date: 11/13/2012 Resolution #: 11/139-C/2012 Bond Resolution C BOND RESOLUTION, DATED NOVEMBER 13, 2012, AUTHORIZING THE ISSUANCE OF UP TO $395,932 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE (I) ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE AND (II) THE CONSTRUCTION, RECONSTRUCTION, WIDENING OR RESURFACING OF A ROAD OR STREET, INCLUDING SIDEWALKS, CURBS, GUTTERS, DRAINAGE, LANDSCAPING, GRADING, IN AND FOR THE VILLAGE. Whereas, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) acquisition of machinery and apparatus for construction and maintenance ($65,137) and (ii) the construction, reconstruction, widening or resurfacing of a road or street, including sidewalks, curbs, gutters, drainage, landscaping, grading, in and for the Village ($330,795), including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $395,932, all in accordance with the Local Finance Law; Now, therefore, be it resolved, by the Board of Trustees of the Village of Sleepy Hollow, County of Westchester, State of New York, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $395,932, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes of objects or purposes, hereinafter described. Section 2. The specific objects or purposes, or classes of objects or purposes, to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated �maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes, or classes of objects or purposes, pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The costs of the acquisition of machinery and apparatus for construction and maintenance, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $65,137 for which $65,137 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (b) The construction, reconstruction, widening or resurfacing of a road or street, including sidewalks, curbs, gutters, drainage, landscaping, grading, including improvements, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-inland necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $330,795 for which $330,795 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds NEWYORK/L 54751.1 �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 costs of the Project are not to exceed $395,932; (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, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of such serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein 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 expenditure. 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 as authorized herein, and/or bond anticipation notes issued 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 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 impress the seal of NEW YORK/154751.1 �the Village (or to have imprinted a facsimile thereof) on 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 Treasurer. Section 5. The faith and credit of the Village are 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 herein, 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 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 were 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 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 NEW YORK/154751.1 �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 any 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 serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (collectively, the "obligations"), 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 the Project 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 any serial bonds authorized and issued under this bond NEWYORK/l 54751.1 �resolution 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 in connection with 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 Board of Trustees of the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (the "Rule") promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, 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 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 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 NEW YORK/154751.1 �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 and 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. Moved: Deputy Mayor Wompa NEWYORK/l 54751.1 Seconded: Trustee Stupel Vote: 6-0 �Meeting Date: Resolution No: 11/13/2012 11/140/2012 Resolution of the Mayor and Board of Trustees of the Village of Sleepy Hollow Adopting Tax Exemption for Senior Citizens Whereas, the Village of Sleepy Hollow ("Sleepy Hollow") has conducted a public hearing to approve the continuation of a partial tax exemption for senior citizens for the 2013 Assessment Roll according to Section 467 of the Real Property Law; and Whereas, this partial property tax exemption is based in part upon the income of the senior citizens who apply for this exemption; and Whereas, it is the intention of Sleepy Hollow to grant the maximum possible exemption in accordance with those income levels to its senior citizens. Now, therefore, be it resolved, that Sleepy Hollow hereby adopts the maximum level of income permitted, together with the highest percent of exemption permitted by Section 467 of the Real Property Tax Law and that the Village Assessor is authorized to accept and grant those exemptions where appropriate in accordance with those guidelines; and Be it further resolved, that in determining eligibility and levels of income, senior citizen applicants may deduct un-reimbursed medical and prescription drug expenses and/or veteran's disability compensation when calculating the "Total Income" of the owners of real property. Moved: Deputy Mayor Wompa Seconded: Trustee Stupel Vote: 6-0 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2012 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2012-11-13 Subject The topic of the resource Board of Trustees Minutes-2012 Date A point or period of time associated with an event in the lifecycle of the resource 2012 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text