https://sleepyhollow.localarchives.org/files/original/46a2bd7f513af3ec77dc9534337d5f1f.pdf 8b467eb7d72a16fd1cd2e44ee8d88cd5 PDF Text Text 3^-3 I A regular meeting of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, January 8, 2002 at 8 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Patricia Rodriguez James Hart Richard Zieja Donald Stever Robert Higle Also Present: Absent: H Trustees Dwight Douglas, Village Administrator Brian Murphy, Village Attorney Trustee Mario DiFelice Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Public Hearing Mayor Zegarelli read the attached public hearing notice and gave a brief explanation. Mario Belanich commented on the wording of the residency requirement of the current local law. Mayor Zegarelli explained that the reason we are having this public hearing is to clarify the wording "may" reside in Westchester to read "reside in New York State". There being no further comments, Trustee Higle moved to close!7the~public hearing, seconded by Trustee Zieja and motion carried. Approval of Minutes Trustee Rodriguez moved, seconded by Trustee Hart to approve the minutes of • December 18,2001, motion carried. : I Public Comments "" .--•-:- Linda Standley, owner of Viera's Service Station on Broadway, commented on problems arising from the installation of the meters on Broadway. Mario Belanich commented that at the November 27 th meeting, certain trustees spoke out before being recognized by the Mayor. Trustee Hart commented that he was upset over the criticism of not having a report at that meeting and took exception to that comment. 1 �V»3 I Mayor's Report Mayor Zegarelli reported that the Ambulance Corp is being transferred from the Fire Department to the Police Department. Hopefully, ALS will be taking over next week. Mayor Zegarelli commented that our Village Treasurer, Barbara Napoli has resigned effective January 4, 2002. Trustee Hart moved, seconded by Trustee Stever to accept her resignation, motion carried unanimously. Mayor Zegarelli moved to appoint Dwight Douglas as Acting Village Treasurer, seconded by Trustee Zieja, motion carried unanimously. Trustees Reports In the absence of Trustee DiFelice, Trustee Rodriguez read the Public Works report. Trustees Hart and Higle had no reports. I Trustee Zieja reported that the Police Committee has been meeting on a regular basis. Trustee Stever reported on various Regulatory Board activities. The main issue currently pending before the Planning Board is the proposed Doorley subdivision. He reported that the Planning Board will be meeting of January 17,2002 and will be discussing the Kendal on Hudson site plan review project. The County House Road project which was approved by the village was challenged by the Village of Tarrytown and the village is appealed the decision of the Appellate Division of the Supreme Court. „-*•-- * « Trustee Stever commented that he~has~b£en wdfking ^th^OufrVfllage-AtfoTneys^to create a Parks Conservancy and we will need volunteers for this committee. — .-=- He has been working with the Administrator regarding the Duracell property. Trustee Stever commented that he will be meeting with Joe DeFeo regarding a problem with large trucks hitting the overhang on the roof of the Hudson Valley Writers' Center to see if he can suggest a solution. I Administrator's Report He reported that the Historic River Towns of Westchester have submitted a grant application for Route 9. We have received a SI500.00 grant from the Westchester Arts Council for a Latino Outreach program and S5000.00 for concerts in Kingsland Point Park. The Valley Street project funded by CDBG grant is almost completed. 2 �36 y I We have applied for a S68,000.00 CDBG grant for the Cedar Street project and $144,000.00 for Depeyster Street for the year 2002. Resolutions-Attached Mayor Zegarelli moved, seconded by Trustee Hart to call for a Public Hearing on Tuesday, February 12,2002 to hear and consider establishing parking permits during daylight hours in the Beekman Avenue parking lot, motion carried 6-0. Old Business-None New Business-None l Communications, Petitions and Requests Village Clerk read correspondence from Thomas McCallen, representing Rey De Los Mariscos, Inc. advising the Village that they have filed an application for an on premises liquor license. Correspondence was read from Sharon Galazzo of Faustinos Horseman's Inn, Inc. and Maria Brea of Marias Place informing the village of their intent to renew their liquor licenses. (Copies to Police Chief) The Mayor received a letter from Frank Rey asking that he be considered for appointment to the Auxiliary' Police and to be appointed Captain. The Board is in receipt of a memo from Bob Stiloski regarding a fire zone at 49-51 Clinton Street. Will discuss at worksession. We received a report from Mr. Stiloski regarding twenty-six cases in court. We received a letter from Acting Village Justice, AI Naclerio, regarding his leave of absence. The Mayor commented that we have received several letters in support of the village purchasing the General Motors.site.7^.x::^jrj..lT£ i T i ^ i L i u s , ; - - . There being no further business, Trustee Hart moved, seconded by Trustee Zieja to adjourn to executive session to discuss litigation, but no formal action will be taken. Motion carried 6-0. I Respectfully submitted, Angela Everett Village Clerk 3 �Public Hearing Notice Village of Sleepy Hollow Please take notice that the Board of Trustees of the Village of Sleepy Hollow does hereby call for a Public Hearing on Tuesday, January 8, 2002 to hear and consider a local law amending Section 38-2 of the Village Code entitled "Residency Requirements" which would authorize individuals who are appointed to the positions of Village Clerk, Deputy Village Clerk, Village Treasurer and Deputy Village Treasurer to reside anywhere within the State of New York. All residents and parties in interest are invited to attend and be heard at said hearing. Hearing is accessible to the handicapped. By Order of the Board of Trustees Angela Everett, Village Clerk Dated: December 29,2001 �36 6 PUBLIC WORKS REPORT JANUARY 8, 2002 In the process of taking down Christmas decorations. Street light repairs is ongoing. Discarded Christmas trees will be picked up on Monday, Tuesday, Thursday and Friday. Routine maintenance is taking place on snow removal equipment. Painting of the interior of the water pump stations. Locating water valves on the distribution system to update our maps. HOLIDAY INFO: MONDAY, JANUARY 2 1 S T IS A LEGAL HOLIDAY, MARTIN LUTHER KING DAY AND VILLAGE OFFICES WELL BE CLOSED. GARBAGE SCHEDULE IS AS FOLLOWS: MONDAY'S GARBAGE WILL BE PICKED UP ON TUE* DAY, TUESDAY'S GARBAGE ON WEDNESDAY. THE REST OF THE WEEK REMAINS THE SAME. RECYCLING WILLALSO TAKE PLACE; ON WE^DN^SDAY. C i C _ ^ . �3&7 I Meeting Date: January 8,2002 Resolution #: 01/01/02 Resolved: That, Voting machines be used in the forthcoming Village Election on March 19, 2002. Moved: T r u s t e e Rodriguefieconded: T r u s t e e Z i e j a Vote: 6-0 Resolution #: 01/02/02 Resolved: That the Village Clerk be directed to pay to each polling district location the sum of $100.00. Moved:Trustee H i g l e Seconded T r u s t e e S T e v e r Vote. I 6-0 Resolution #: 01/03/02 Resolved: That, the Village Clerk be authorized to publish and post the proper Election Day notices and also purchase the necessary supplies. .^iiri—Moved : T r i i s f p p - H a r i - " """-' Seconded: T r u s t e e Z i e j a - "" r ^*SV61e:^"'6-0 '-^:- Resolution #: 01/04/02 Resolved: That, Inspectors of Election for the Village of Sleepy Hollow be appointed to serve on Election Day, March 19, 2002 in accordance with Section 15-116 (1) of the Election Law. Inspectors will be paid S130.00 for the day and the Chairperson of each district will be paid S140.00 for the day. Moved:Trustee H i g l e Seconded:Trustee H a r t Vote: 6-0 I �3^-K I oi/m/^oM in:<n yiab/ajbbb MbP PAbt w^/ux Meeting Date: January 8, 2002 Resolution #: 1/ 05/02 WHEREAS, on November 27,2001, a resolution was duly adopted by the Board of Trustees of the Village of Sleepy Hollow to hold a public hearing on December 18, 2001 at 8:00 p.m. at 28 Beekman Avenue, Sleepy Hollow, New York to hear all interested parties on the proposed adoption of a local law entitled "Water Regulations" which would establish clear and concise regulations for the proper administration of the water supply in the Village of Sleepy Hollow, and I WHEREAS, notice of said public hearing was duly advertised in the official Newspaper of the Village of Sleepy Hollow, and WHEREAS, said public hearing was duly held on December 18,2001 at 8:00 p.m. at 28 Beekman Avenue Sleepy Hollow, New York and all parties in attendance were permitted to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow, after due deliberation, finds it in the best interest of the Village of Sleepy Hollow to adopt the proposed local law, and NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Sleepy Hollow hereby adopts Local Law No. J; adding a Section entitled "Water Regulations" to the Village Code, and be it further^ RESOLVED, that the Village Clerk is directed to enter said Local Law in the minutes of this meeting and in the Code book of the Village of Sleepy Hollow, and to give due notice of the adcDtion of said Local Law to the Secretary of State of New York. I Trustee MOVED: H i g l e "'"' Trustee ' SECONDED: S t e v e r VOTE: 6-0 �)W Meeting Date: 01/'?.?'02 Resolution #: 01/06/02 I BOND RESOLUTION, DATED J A N U A R Y 8 , 2002, AUTHORIZING THE ISSUANCE O F 515,000,000 AGGREGATE PRINCD7AL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE T H E COSTS O F THE ACQUISITION OF LAND OR RIGHTS-INLAND O F GENERAL MOTORS CORPORATION, IN AND FOR THE VILLAGE. WHEREAS,"piifSuaifirfo ~ari'agreement dated August 5, 1996 (the""Agreement") entered into between the Village of North Tariytown [to which the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State") is the successor municipal corporation] andGeneral Motors Corporation ("GM"), GM granted the Village ari option (the "Site Option") to purchase all of GM's interest under a lease with the Mount Pleasant Industrial • Development Agency (New York) and in and to the site'and all site improvements thereon referred' " to iii the Agreement (the "GM Property") upon the oaiurrbnce oTcertain cor^tionS; ah -"'" I '" " ' ^o--" WHEREAS, the Village" determined thatthe conditions to its exercise of the Site Option were Satisfied and on December 3. 2001 timely arid otherwise" properly gave written notice to GM of the Village's election to exercise the Site Option at the "Option Price" referred in the Agreement, together with the applicable downpayment check fromTbe^iJJage~to_ GK£".and provided GMTwith' *V executed counterparts in customary form of a contract of sale calMg" for a closing on Febr\iaiyJ<J2, - r -2002 (the"Closing Date"); a n d . - . - : - > - ; - -=••:-.-•-.}^^y z0^j(- ^y ...:'".;^^ WHEREAS, the Board of Trustees of the Village hereby determines that it is in the public interest tp'authorize the financing of the costs of the acqiBsitkm of th^'GM.Pfdperty pursuant to ~J3&£; ^-.^ Site Option, including the amount of the dowhpaymeirf ^ h £ ^ a n d - ^ v-^'electib7rbf'the~exeTcise'oTthe"Site" Option; (n) theafijaisitWMi of the> GM Property, and (m) the": financing thereof, together with interest for up to two (2) years fiom the original date of issue on obligations authorized and issued hereunder the proceeds of which are applied to the purchase of the I �31° I GM Property, and applicable preliminary and incidental costs, in and for the Village, at a total estimated cost not to exceed $15,000,000, all in accordance with the Local Finance Law; and WHEREAS, pursuant to applicable State and federal law and regulations, and based upon • actions taken by GM under the terms of the Agreement and reports thereof submitted to the Village by GM;pthe Village has determined that the acquisition of the GM Property will not have a>- -i:---"significant effect on the environment and the Village has confirmed and adopted the findings ' - -contained in said reports; I •••"T - -•- . - .. - j ^ . ^ , . . ; . -NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: '"' „-•.•-»:•<.- - ~ . ; .-- - =.«-- -:--.ff- .:.--- - -- --••^•.-. -•-• W - ---='• w::> ---••.•:-;• "^-Section 1." There is bsroby authorized to be issued serial bonds -ofthe Village in the "— ; - : "aggregate principal amount' of up to $15,000,000 pursuant to the Local Finance Law, in-order to I:-1* -'-" finance~the cost- of the'"specificr object or"purpose,'inching preliminary and' incidental-' costs;--*rr^•-' hereinafter~described: '" - " - "* 7 ">-'-'~-'-"-• - -.. -: ---..-. "".'• "-".:"'-:.'•:' : ' • :"--.-. v.v-"">"~7- Section 2. The specific-"object or purpose to be financed by thejssuahce of such serial " 'r~ ~ bonds is the acquisition of the GM Property puMiant to. the Site Option, including'the amount of 1; -.'-.- the downpayment check, and alL expenses relating to (i) the election of the exercise of the Siter^,-^r Option, (ii) the acquisition of the GM Property, and (iii) the financing'thereof, together". with-:~-_""n*interest for up to two (2) .years from the original date of issue on obligations authorized and * : ^ ' I issued hereunder the proceeds of which are to be applied to the purchase, of the GM Property,1 5v-Cr-: -; mcludmg-latid, rights-in-land,original-furnishings,-equipment.and apparatus,-and applicable ^-vA. " preliminary aridinddental costs. ^ - ^>-7-^:-—*- - -:nri- Section 3. The Board of Trustees"6f the Village has ascertained and hereby states that (a)> ~--'-'.. the estimated maximum cost of the Project is $l.-> 000,000; (b) no money has heretofore been 2 *"-- �n i authorized to be applied to the payment of the costs of the Project (except $120,000 toward the purchase of the GM Property which amount is to be reimbursed to the Villagefromthe proceeds of obligations issued hereunder); (c) the Board of Trustees of the Village plans to finance the costs of . the Project from the $15,000,000 proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the maturity of the" obligations authorized herein will not berin excess' of five (5) -•----•. years." " • '•'•-••-—:•-. - ."- -_ " --'•"- - ."•---*-----— .--•-.-...•-•-----•?=,-.-;-=--•--- „rsr. •. •. Section 4. r It is hereby determined that the Project referred to in Section 2 hereof is a ' "^ •*' •• specific object or "purpose described in subdivision 21(a) of paragraph a of Section 11.00"of the''"- Vi- I Local Finance Law and that the period of probable usefulness of the Project is thirty (30) years.- The* "-.•?-:->- -" serial bonds authorized hereiirshall have a maximum rnaturity of'five (5) years computed frorn the ~ •••: "'earlier of (a) the date of such serial bonds;"or (b) the dafe^of the^first bond anticipation'notes iss^^ -'in'antfcipatiohofmeissuanceof suchserialbo*nds.~' • ^-^>r' ; v i : ^ * ' f --?" -_-?--- ------5?--^- - -- - - -^~ .-.-^^^-..^-: --. ,..- ,-_; Sec^JQ^ 5 Subject to the terms and conditions'of this Resolution arid theLocal Finance • -" ' : Law, and pursuant to the provisions of Sections 21.00,.30.00, 50:00, 56.00'and 60.00,'inclusive, of "-.- - = the Local Finance "Law, merpbwerto "authorize bora antK^^ron notes m'articipation of theo ;.-;; .'issuance of the serial bonds authorized by this Resolution arid the renewal of such.bond anticipation-v.v->~ = notes and the p6wver to prescribe, the terms, form and cdfiTehts ofsuch-serial bonds and such bond >i'f- anticipation notes authorized bythis Resolutior), and thepower to issue, sell and deliver such serial '•'•:• xr-^':-. bonds and bond anticipation" iootes are hereby delegated to4he; Village Treasurer (which terms shall.. '-- include ahy^clepiity-treasurer or acting treasurer jduryappointed4jy the Board\of-Trustees of the^-^ =-.---*»« i -' Village or other"eligible person otherwise designated by such'board of the chfef fis^ ofEcw oftberrtr ~~= Village), as the chief flscaTofBcer of the Village.- The Village Treasurer is hereby authorized to '• '-~~? execute on behalf of the Village all serial bonds issued pursuant to this Resolution and all bond - •*3 �3~>J I anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the ixal of the Village 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 -• "-Treasurer. .-T.--->* :*--••-.;.- -•-. - —•--• •--.-•- ..--f--y-- .-•- -• -- .---•_ -. Section 6. 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 Resolution as the same shall become due. •--: -:' : . c :-^ F - / : ; . - . H • :- -'-"•. "-;:-. ..Section T-. -When this Resolution-takes effect, the Village Clerk.shall cause the same to be .;.«. published together with a notice in substantially me form prescribed by: Section* 81.00 of the Local r\V. . £ -';-'' • ' Finance Law in:The~Journal^News: a nevi^paper'haying a general circulation in the Village."The ^~-"-'-'''-- validityof- the'sefiah bonds: authorized bjrthis Resolution-and"' of bond anticipation notes issued "in-—?'- ' anticipation of the sale of such serial bonds may be contested only if such obligations are authorized. - y : for an object or purpose for" which the -Village i s not authorized to expend money, or the "provisions '-" of law which should fc" complied^ with as of; the d ^ r d f the publication of this resolution are not •>-"•*:•:••• substantially complied .with, and arr action,; suit- or "proceeding ; contesting such, validity is w- -/• :-">-' commenced within twenty (20) days after!tife..date of such publication, or if such obligations are v>'>-: authorized in violation of the p-. •'. sions of the Constitution of the Stale.' - ^ : I _ "'-=.•-• ":J -• -; =" '-: . : ; ; - Section 8r::-TheViIi^f> h«;«eby decjares'its intention-to issue the-obligations authorized v~- --"P/herein to finance- the costs of the Project.-The Village covenants-forthe benefit of theholdersof the—^—. ."; r obligations- authorized herein that it AVTD "not rnake^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 facilities financed with the proceeds of 4 �2"B I such obligations 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 alternative rninimum 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 facilities-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. alternative.ininimum tax imposed on corporations. by section 55 of the Code) or subject the Village to any penalties under section 148 of theCode. . . I The foregoing covenants shall remain in full .force and:effect notwithstanding the defeasance of the -, r.-..-. bonds or any otherprovisions-hereof until the date which is 60 days after thefinal-maturity date or _--;: earlier prior rederhption-^date mefeof-'-T^eiproceeds-of any obligations authorized herein may be>;<j , applied-fo^reimburse-expenditures "orcbmmitifients'dfme-Village-made^dr suclr-puipose^on dr-after V-—.-A. ; „ , _ a date which is not more than 60 days prior to the date of adoptidnof this Resolution by the Village.- -. -•} •'• -.. "Section 9 . . For the benefit of the' holdersand beneficial owners from time to time of the bonds and bond anticipation -notes autforjzed-pursuant to this Resolution (the "obligations"), •'the'-..:. Village agrees, in accordance .with and as ah obligated person with respect to the obligations, under > • - Rule 15c2-l 2 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 Vi and ^operating-data,financial "staternents^ arrfvnoticesj in-such manner; as iriay be required;:for-v*:r purposes of the Rule. - I n order~.to describe- and- -specify,certain terms 6f the-Village's- continumg >:^ - I disclosure agreement -for ~ thar^ purpose, 'and^ thereby--ta4 implement -that 3 agreement, - Including -- '<-•• provisions for enforcement, amendment.and /termination, the ViDagerTreasurer is authorized and directed to sigh and deliver, in the name and on behalf of the Village, theconimitment authorized by . 5 �Biy I 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 in accordance with the Rule, with any changes or amendments that are not inconsistent with this Resolution and not substantially adverse to the Village and that areapproved "by the""Village Treasurer on behalf of the Village," all dfxvliichsliall be conclusively evidenced by the'signing^of the Commitment of amendments thereto. The agreement ^ ----•-*" formed," collectively,"by this paragraph~ahd"the Commitment,''shall be the Village's continuing" I " -• 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 Villag'e-Treasurer is further authorized and directed to establish ''= ":v? "V -. procedures fii'-brdeTSto ensuWcompliance by" the Village with/its continuing disclosure ^ecmsnt/-i'fir^f ~~" includlng^ttie'tir&ly'p^^ '-- with me^agreementror providing" notfce^of"the^""occurrence''ofrany"Tnateriai event, the Village 5 ~^J^-^ Treasurer "shall consult with,1 as appropriate, the Village Attorney and bond counsel or other. ";-;...--. - qualified independentrspecial cTOaisel to the-Village. >"The Village Treasurer acting in the name and ••• ^f;-" . on behalf, ofc the ^Village, shall be entitled to rely upon any. legal advice provided by the Villaget^W-^ . Attorney or such bond counsellor othefspecial counsel in detennming whether a filing should be :--.Srrmade. I " .-: --'^--•-.. ••---^ ^-'-^f --. - ..-.:" •..:.:-.-'- ? v/- - -J;--\ : • ",-*?----_-»-- ...... ".„•-.^Section10.^" This "Resolution shall be effective iinmediatefy upon its due adoption by the ;•"- Board ofTrusteesof the Villager •?'-'•-^ «.- «.«4£r~i»-.S?-—^ ! -_"» — r». i i i -.--..- .-—--— --.z**.^*- Moved: Trustee Hart Seconded: Trustee Higle . Vote: — ::,r--Trustee" Stev'er abstained-'-;:"-'-^ ~' •- ^-r-^- 5-0-1 ^3 � 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-2002 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_2002-01-08 Subject The topic of the resource Board of Trustees Minutes-2002 Date A point or period of time associated with an event in the lifecycle of the resource 2002 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