https://sleepyhollow.localarchives.org/files/original/afa3e47fb37fe16ebe91f64940a99c3b.pdf fa8fad6676634e5800be73def104922c PDF Text Text Meeting Date: 10/22/2013 Resolution #: 10/153/2013 BOND RESOLUTION, DATED OCTOBER 22, 2013, AUTHORIZING THE ISSUANCE OF UP TO $5,737,064 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 PARKING METERS (II) AN EMERGENCY MEDICAL SERVICES STUDY, (III) THE ACQUISITION OF FIREFIGHTING APPARATUS, (IV) THE ACQUISITION OF VILLAGE TRAFFIC SIGNALS, (V) THE ACQUISITION OF COMPUTER IMPROVEMENTS, (VI) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF PARKING IMPROVEMENTS, (VII) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF PARK IMPROVEMENTS, (VIII) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF WATER IMPROVEMENTS, AND (IX) THE ACQUISITION OF SEWER EQUIPMENT, ALL IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in the County of Westchester, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition of parking meters ($10,506), (ii) an emergency medical services study ($21,012), (iii) the acquisition of fire-fighting apparatus ($56,732), (iv) the acquisition of Village traffic signals ($231,132), (v) the acquisition of computer improvements ($21,012), (vi) the acquisition, construction and reconstruction of parking improvements ($7,880), (vii) the acquisition, construction and reconstruction of park improvements ($29,679), (viii) the acquisition, construction and reconstruction of water improvements ($5,264,557), and (ix) the acquisition of sewer equipment ($94,554), for the Village, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $5,737,064, 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 in the aggregate principal amount of up to $5,737,064, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes hereinafter described. Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized in this bond resolution for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) The acquisition of parking meters, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $10,506, for which $10,506 principal amount of serial bonds, or bond anticipation notes issued in anticipation 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 (b) An emergency medical services study, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $21,012, for which $21,012 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivisions 62 and 42-a of paragraph a of Section 11.00 of the Local Finance Law. Such serial •i �bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (c) The acquisition of fire-fighting apparatus for the Village, including preliminary and incidental costs related thereto, at an estimated maximum cost of $56,732, for which $56,732 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and (d) The acquisition of traffic signals, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $231,132, for which $231,132 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 72(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 acquisition of computer improvements, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $21,012, for which $21,012 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized 3 �herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 81(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 acquisition, construction and reconstruction of parking improvements, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $7,880, for which $7,880 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 20(f) 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 (g) The acquisition, construction and reconstruction of park improvements, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $29,679, for which $29,679 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and 4 �(h) The acquisition, construction and reconstruction of water improvements for the Village, including any equipment, machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $5,264,557, for which $5,264,557 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivision 1 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 (i) The acquisition of sewer equipment, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $94,554, for which $94,554 principal amount of serial bonds, or bond anticipation notes issued in anticipation 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 five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $5,737,064; (b) except as set forth on the financial records of the Village Treasurer, no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds authorized herein, or bond anticipation notes issued in anticipation of such serial bonds, and (ii) certain Federal grants; (d) the maturity of 5 �the obligations authorized herein may not be in excess of five (5) years; (e) the amount authorized to be applied to such objects or purposes from the proceeds of the obligations authorized herein shall be reduced pro tanto by the amount of Federal aid received by the Village for such objects or purposes; and (f) on or before the expenditure of moneys to pay for any costs of an item within an object or purpose, or class of object or purpose, for which proceeds of such obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took "official action" for federal income tax purposes to authorize capital financing of such item. Section 4. Subject to the terms and conditions of this bond resolution and the Local Finance Law, including the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds authorized herein, and bond anticipation notes in anticipation of the issuance of such serial bonds, including renewals thereof, the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes, and the power to issue, sell and deliver such serial bonds and such bond anticipation notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute, on behalf of the Village, all serial bonds authorized herein and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village (or attach a facsimile thereof) on all such serial bonds and bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer. Section 5. Each of the serial bonds authorized by this bond resolution and any bond anticipation notes issued in anticipation of the issuance of such serial bonds shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law. The faith and credit of the 6 �Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this bond resolution as the same shall become due. Section 6. When this bond resolution takes effect, the Village Clerk shall cause the same, or a summary thereof, to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the Journal News, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this bond resolution, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or such summary thereof, were not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of the obligations authorized herein, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the "environmental compliance proceedings"). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, �amend or modify this bond resolution prior to the issuance of the obligations authorized herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made with respect to the Project on or after a date which is not more than sixty (60) days prior to the date of adoption of this bond resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the obligations authorized herein, the Village agrees in accordance with and as an obligated person with respect to the obligations under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the "Rule"), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village's continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the "Commitment") to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations authorized herein in accordance which the Rule, with any changes or amendments that are not inconsistent with this bond resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively 8 �evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made. Section 10. This bond resolution shall take effect immediately upon its adoption by the Board of Trustees of the Village. Move: Trustee Wompa Second: Trustee Stupel Absent: Trustee MacFarlane 9 Vote: 5-0 �Meeting Date; 10/22/2013 Resolution #: 10/154/2013 Resolution of the Board of Trustees of the Village of Sleepy Hollow Approving the Action of the Board of Fire Wardens Whereas, the Board of Fire Wardens of the Sleepy Hollow Fire Department at their October 08, 2013 meeting approved Nuno Teixeira to membership in Fire Patrol Co. No. 1; Christian Ardaix to membership in the Pocantico Hook and Ladder Co. No. 1, and Yoeluis Susana, Uriel Hilario to Firefighter Trainee Program, Now, therefore, be it resolved that the Board of Trustees of the Village of Sleepy Hollow concurs with the recommendation of the Board of Fire Wardens to accept these applicants, Be it further resolved the Board of Trustees directs the Village Clerk to notify the Fire Chief in writing of this resolution. Moved: Trustee Lobato-Church Absent: Trustee MacFarlane Second: Trustee Wompa Vote: 5-0 �Meeting Date: 10/22/2013 Resolution #: 10/155/2013 Resolution of the Mayor and the Board of Trustees of the Village of Sleepy Hollow Appointing Maintenance Worker Whereas, the Board of Trustees believes it to be in the best interests of the Village and its residents to fill the position of Maintenance Worker (Signs & Road Markings), as defined and classified under the County of Westchester, Department of Human Resources; and Whereas, the position of Maintenance Worker (Signs & Road Markings), was posted pursuant to the Collective Bargaining Agreement, on or about August 2, 2013 in the following locations: Department of Public Works Office, Village Hall and Village's Website; and Whereas, one person was interested in the position and was interviewed and considered for the position by the Board of Trustees' Public Works Committee; and Whereas, the Public Works Committee made a recommendation to the Mayor to appoint James Cochrane to the position; Now, therefore, be it resolved, the Mayor hereby appoints and the Board of Trustees hereby approves the Mayor's appointment of James Cochrane as Maintenance Worker (Signs & Road Markings), effective November 4, 2013 at the annual salary of $68,877.00; and Be it further resolved, said appointment is subject to a 12 to 52 weeks probationary period and the approval of the Westchester County Department of Human Resources; and Be it further resolved, said position will be under the general direction and supervision of the Department of Public Works General Foreman. Moved: Trustee Stupel Absent; Trustee MacFarlane Seconded; Trustee Campbell Vote: 5-0 �Meeting Date; 10/22/2013 Resolution: 10/156/2013 Resolution of the Board of Trustees of the Village of Sleepy Hollow Directing Handicapped Space to be Installed Whereas, Village Code, Chapter 400-86, states that it is the policy of the Village of Sleepy Hollow to establish from time to time areas designated as parking for vehicles of handicapped individuals; and Whereas, the Mayor and Board of Trustees have received and reviewed a request for a handicapped parking space, at or nearby 35 Gory Brook Road, and agree that this request is valid, Now, therefore, be it resolved that the Department of Public Works and the Police Department are directed to install one handicapped parking space at the aforementioned location, in front of or nearby, 35 Gory Brook Road. Moved: Trustee Campbell Absent: Trustee MacFarlane Seconded: Trustee Rosenbloom Vote: 5-0 �Meeting Date: 10/22/2013 Resolution #: 10/157/2013 Resolution of the Mayor and the Board of Trustees of the Village of Sleepy Hollow Appointing Assistant Highway (Road Maintenance) Foreman Whereas, the Board of Trustees believes it to be in the best interests of the Village and its residents to fill the position of Assistant Highway Foreman, as defined and classified under the County of Westchester, Department of Human Resources; and Whereas, the position for Assistant Highway Foreman was posted pursuant to the Collective Bargaining Agreement, on or about August 2, 2013 in the following locations: Department of Public Works Office, Village Hall and Village's Website; and Whereas, several persons were interviewed and considered for the position by the Board of Trustees' Public Works Committee; and Whereas, the Public Works Committee made a recommendation to the Mayor to appoint Earl F. Tompkins Jr. to the position; Now, therefore, be it resolved, the Mayor hereby appoints and the Board of Trustees hereby approves the Mayor's appointment of Earl F. Tompkins Jr., as Assistant Highway Foreman, effective November 4, 2013 at the annual salary of $74, 071.00; and Be it further resolved, said appointment is subject to a 12 to 52 weeks probationary period and the approval of the Westchester County Department of Human Resources; and Be it further resolved, said position will be under the general direction and supervision of the Department of Public Works General Foreman. Moved; Trustee Campbell Absent: Trustee MacFarlane Seconded; Trustee Stupel Vote: 5-0 � 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-2013 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_2013-10-22_RES-10-153-157 Subject The topic of the resource Board of Trustees Minutes-2013 Date A point or period of time associated with an event in the lifecycle of the resource 2013 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