https://sleepyhollow.localarchives.org/files/original/253f42fc14649cab13ae536578458e2c.pdf a7a04ab1b8e63cd88562e0a20e50ad32 PDF Text Text <AR I A Regular meeting of the Board of Trustees was held on Tuesday, October 8,2002 at 8:00 pm in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip Zegarelli Mario DiFelice Richard Zieja Robert Higle Patricia Rodriguez Absent: Trustees Trustee Donald Stever Trustee James Hart Also Present: Dwight Douglas, Village Administrator Brian Murphy, Village Attorney Mayor Zegarelli introduced Joe Randazzo of the Tarrytown Wolfpak. Mr. Randazzo thanked the Mayor and the Board for all their support during the past year. Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag. Approval of Minutes Trustee Zieja moved, seconded by Trustee Higle to approve the minutes of September 17,2002, motion carried 5-0. Trustee Higle moved, seconded by Trustee Rodriguez to approve the minutes of October 1,2002, motion carried 5-0. Public Hearings Mayor Zegarelli read the attached public hearing notice regarding Ichabod's Landing DEIS. Dave Smith, Planning Consultant, gave a brief summary of the term of the SEQRA review process. Mr. Hockerman, applicant of the project, and Bruce Lozito, Consulting Planner gave a brief overview of the project and the changes that have been made over the past three years. Brief discussion ensued. Mario Belanich asked if there would be any one bedroom condos and the cost. Mr. Belanich was told that there would not be any one bedroom condos and the cost has not yet been determined. 1 �There being no further comments, Trustee Zieja moved, seconded by Trustee DiFelice to adjourn the public hearing to November 12,2002, motion carried with Trustees DiFelice, Zieja, Rodriguez, Higle and Mayor Zegarelli voting yes, making it unanimous. Mayor Zegarelli read the public hearing regarding Senior Citizen Exemption and gave a brief explanation. There were no comments. Trustee Higle moved, seconded by Trustee Rodriguez to close the public hearing, motion carried 5-0. Approval of Warrants Trustee DiFelice moved, seconded by Trustee Zieja to approve the warrants of October 8,2002, subject to review and approval of the Mayor and Administrator, carried 5-0. Total of the General Fund is S475,991.13; total of the Water & Sewer fund is S41,716.99 and the Capital fund total is $4313.38. The Mayor asked that we adjust the agenda and move on to the resolutions. Resolutions-Attached Public Comments- None Trustee Reports Trustees Zieja and Rodriguez had no reports. Trustee DiFelice read the attached Public Works Report. Trustee Higle read the attached Parks Report and highlighted some upcoming recreation activities. Mayor's Report Mayor Zegarelli thanked everyone for making the signing of the GM agreement a success. We are moving ahead on the grants for Barnhart Park. We have received a request from Patricia Kringas on behalf of the Pocantico Hills PTA to have our vacuum truck and driver participate in their annual Truck Day on November 6 th from 8:15am-12:30pm. The Student Council is holding their annual Homecoming Parade on October 1 8 a at 5:30 pm. �The Mayor was in receipt of letters regarding the IBM water line. The Mayor commented that the Village of Sleepy Hollow has received the Platinum Award from the Auto Club. Notice of Intent to become lead agency that the Planning Board has received an application for the site plan approval from Antonio Rodriguez for the construction of 6500 square foot building with first floor retail and second floor offices on US route 9 in the Village of Sleepy Hollow. The Mayor received correspondence requesting permission to hold their annual Ecuadorian parade and permission was given. We received a request for possible filming of Comedy Central at Robinson Park. The Mayor received correspondence from Rev. Francis P. Gorman, Pastor of Saint Teresa of Avila Church, requesting permission to use the Mallory parking area on Saturday, October 26th for a parish event from 4:00pm to 9:00pm. Administrator's Report Dwight Douglas commented that the Depeyster Street sidewalk project is moving along with a few problems. Old Business-None New Business Mayor Zegarelli congratulated Trustee Higle's son, Rob for establishing a passing record for Section 1, basketball and football. Communications, Petitions & Requests Village Clerk read correspondence from CND Inc., 60 Clinton Street, informing the village that they are applying for an on premise liquor license. (Copy to Police Chief) She received correspondence from LaEsuinta Latina, 179 Beekman Avenue, informing the Board that they are applying for a transfer of an on premise liquor license. (Copy to Police Chief) There being no further comments, Trustee Higle moved, seconded by Trustee Rodriguez to adjourn the meeting, carried. Respectfully submitted, Angela Everett Village Clerk �/LSEP 19.2032 3:46PM SHflMBERG MFRWELL NO.069 P.2/2 VILLAGE OF SLEEPY HOLLOW NOTICE OE PUBLIC HEARING PLEASE TAKE NOTICE, i hat a Public Hearing will be held by the Village Board of Trustees of the Village f. f Sleepy Hollow on Tuesday, October 8, 2002 at 8:00 p.m. in the Municipal Building, 28 Beekman Avenue, Sleepy Hollow, New York regarding the Draft Environm ental Impact Statement ("DEIS**) submitted by Ginsburg Development, LLC with re? >ect to the proposed development of 5.2 acres of land designated as Section 16, Bl ick-1, Lot 1, located in the southwest corner of Sleepy Hollow, between River Street a id the Hudson Riyer. A copy of the DEIS, as submitted on May 24,2002, is availabj i for viewing at the office of the Village Clerk. All persons having an intere >t in this matter are invited to attend the • hearing and will be heard, By Order of the Village Board Village of Sleepy Hollow Angela Everett, Village Clerk Dated: September 23,2002 �J/C I AI-t-lUAVII Ul- KUDLIUAIIUN from £he Journal Nevus OFNEV/YORK fY OF WESTCHESTER hem Area talk Tk in Place . fd rdHffls Eff Manor man . aaqua pond = River iiFaOs ii en Hudson 3j£S Klley nHe xxl ganLake ose tfGsco NorthSalem Osssthg PeekskiH Pound Ridge Purdys Shamrock Shrub Oak Somers South Salem Verptanck Waccabuc Yorktown Heights Brewster Cannei CoJdSpmg Garrison Lake PeekskiH Mahopac , Manopac Fans Putnam VaSey Patterson LOLA HALL _being duly sworn, says that he/she is the principal clerk of The Journal.. News, a newspaper pubBshed in the County of Westchester and State of New York, and the notice of which the annexed is a printed copy, was published in the newspaper indicated on the left and oh the dates checked below: . / OZ-. Y^r / 1 2 A\ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 / 19 20 21 22 23 24 25 2 6 27 28 29 30 31 -- iralArea -y y o n Hudson ; Ferry 3Cd buigh on fete nine Dn TDOt ironeck PteasantvBe Pott Chester Purchase Rye ScarsdaJe Tanytowi Tnornvrood VsJhafe White Plains Hastings on Hudson %£ . / \c . • - Signed. - ihem Area : Vernon *S 1 Eastehesaer NewRochefle Pelham i Hand Area n =R as svBe straw n £ :*y ; jeburg ties Rive; ore Sfcaisburg Spartil SpnngVaSey SOnyPotit Tafcnan Tappan Theis TorrJdnsCove VaieyCotfege West Havetsiraw WestNyacfc Notary Pubfic, Westchester County JACK SHARP Rotary Public, Stats of New York No. 01SHS01S037 Qualified in Rockland County Term Expirs* J«n.-12. 2003 / - - I �an Public Hearing Notice Village of Sleepy Hollow Please Take Notice, that the Board of Trustees of the Village of Sleepy Hollow will hold a Public Hearing on Tuesday, October 8, 2002 at 8:00 PM or soon thereafter at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York regarding the adoption of a Local Law of the Village of Sleepy Hollow for the year 2003 which would exempt from Village taxes within the control of the said Board of Trustees to the extent of fifty per cent (50%) of its assessed value at a sliding scale pursuant to the provisions of Real Property Tax Law Section 467.1(b) (1), properties owned by one or more persons sixty-five (65) years of age or over who comply with the provisions of said Section 467 of the Real Property Tax Law as to occupancy, income, length of ownership and otherwise. A copy of said law is available in the office of the Village Clerk. All taxpayers, residents and parties in interest are entitled to attend and be heard at said hearing. By Order of the Board of Trustees Angela Everett, Village Clerk Dated: September 23,2002 �*l$ I AFFIDAVIT OF PUBLICATION from ?D\t Journal News OF NEW YORK TY OF WESTCHESTER hem Area valk nk . m Place . xd xdH21s i-ff Manor anan paqua pond • Rifver nFaSs o on Hudson ^KS s^BaBey tJ^v Jndate DOd xjanLake rose rtKisco North Salem - Ossining PeeteJaH Pound Ridge Purdys Shenorock Shrub Oak Somers South Salem Verpfarick Waccabuc Yorictown Heights Brewster Carmel CoW Spring Garrison Lake Peekskffl Mahopac 'Mahopac FaBs Putnam Valley Patterson LOLA HALL - - • Pleasantvifle Port Chester Purttese Rye Scarsdate Tarrytown Thomwood VaftaBa White Plains Hastings on Hudson k geixcg ades 1 River nont x / Y\ A / v / Signed, .' -JHVfc- soon Ho»*», New YM ... the mkfSon eTg lodi. NewftocheOe Pefiani _. re*- oont>r j*d S«CSOIT467V<J* . .T« l*»r as toocpvptBCf, l e a n t , 1ung6i pi Sworn to before r ^ ^ S S ^ - T ^_ c0*2& this tland Area ervBe tStew m let City - - VUAGE OESBEnLHQUews pjxirhggtw w jeis >«*ue«euwa»neE t* - | m reft X - them Area ^ito - Wt Pomona Sfcetsburg Sparfc2I Spring VaSey Stony Point Tafcnan Tappan Theas TorafcnsCove Vaiey Cottage West Haverssaw WestNyack A oyy o?j w / l w r a «X*j?fcJ« (gtf&s, / ^ •.-•-_ t rts md I N o t a r y ^ g ^ ^ ^ ^ l ' : ester County yatgfoSe --«^ D**£S«(»rub«r23.2D« JACK SHARP - • - • Notary Public stats of New Ycri • „ No. 0ISHSO19087 Qaalifi-d in RocHjrjd County Tern E*pi fes j a n j 2 > 2D03 02. 10 11 12 13 14 15 16 17 18 8 19 20 21 22 23 24 25 26 27 28 29 30 31 tralArea sVemon Year - 2y 2y on Hudson 5 Ferry "crd iburgh xxi dale home tan Jnont arooeefc .being duly sworn, says that he/she is the principal clerk of The Journal News, a newspaper pubEsned in the County of Westchester and Slate of New York, and the notice of which the annexed is a printed copy, was published in the newspaper indicated on the left and oh the dates checked below: �</ Public Works Report October 8, 2002 REMINDER!!!!! MONDAY OCTOBER 14, 2002 IS COLUMBUS DAY, A LEGAL HOLIDAY. VILLAGE OFFICES WILL BE CLOSED. MONDAYS GARBAGE WILL BE PICKED UP ON TUESDAY, TUESDAY'S GARBAGE WILL BE PICKED UP ON WEDNESDAY ALONG WITH RECYCLING. THURSDAY AND FRIDAY PICKUP REMAINS THE SAME. SIDEWALKS ON PINE STREET AND NEW BROADWAY ARE BEING COMPLETED. CURBS ON HUDSON TERRACE WILL BE DONE NEXT. 50/50 SIDEWALK PROGRAM IS IN PROGRESS. LEAF SEASON IS ABOUT TO BEGIN. DO NOT MTX BRANCHES OR OTHER YARD WASTE IN WITH LEAVES. SIDEWALK PROJECT ON DEPEYESTER STREET IS MOVING ALONG ON SCHEDULE. �<%<2D I PARKS REPORT OCTOBER 8,2002 DOUGLAS PARK The electrical work has been completed. The redesign of the entrance to Douglas Park is in the works. BARNHART PARK We are ready to do the final grade on the new field that we constructed. i A new electrical service will be added to the park. < DEVRDES PARK New electrical water service is being installed for the paddleball courts. SYKES PARK New lights will be installed for the basketball court. I �< ^ / I Meeting Date: 10/08/02 Resolutions 1 0 / 1 4 3 / 0 2 Be it resolved that the Board of Trustees does hereby appoint Richard Gross, 23 Elm Street, Sleepy Hollow, New York to the position of General Foreman effective October 9, 2002 at an annual salary of S 60,000.00. Said appointment is subject to a probationary period of twelve to fifty-two weeks and the approval of the Westchester County Department of Human Resources. Trustee T r u s t e e Di Moved: Hi gl p Seconded: D i F e l i c e Vote: ->-U Meeting Date: 10/08/02 Resolution #: 1 0 / 1 4 4 / 0 2 Be it resolved that the Board of Trustees does hereby appoint Jose Zhinin, 194 Beekman Avenue, Sleepy Hollow, New York to the position of Skilled Road Maintainer effective October 9,2002 at an annual salary of $44,401.50 which is 90% of the total salary of $49,335.00. I Said appointment is subject to a probationary period of twelve to fifty-two weeks and the approval of the Westchester County' Department of Human Resources. Trustee Trustee Moved: Z i e j a Seconded: R o d r i g u e z Vote: 5 - 0 I ^ V ^ X ^ r ^ ^ ^ * * ^ ^ - ^ " ^ " 1 ^ ' Wh.^i-''*v3tSs«sfe �Meeting Date: 10/08/02 R e s o l u t i o n #: 10/145/02 AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION, DATED FEBRUARY 26, 2002, AUTHORIZING THE ISSUANCE OF UP TO S406,500 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS PURPOSES IN AND FOR THE VILLAGE - 10 YEAR PURPOSES. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of various 10-year purposes in the total amount of $406,500 pursuant to a bond resolution adopted on February 26, 2002, a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same; and WHEREAS, the Board of Trustees of the Village desires to issue such bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend such bond resolution by submitting it to a permissive referendum in the manner prescribed by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. Paragraphs (e), (f), (g) and (h) of Section 2 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 authorizing serial bonds of the Village for the (i) acquisition, construction and reconstruction of improvements to the drainage system ($115,800), (ii) acquisition, construction and reconstruction of parking improvements ($182,300), (iii) acquisition of a boiler ($52,000) and (iv) acquisition of computers ($56,400), respectively, together with applicable incidental and preliminary costs in connection therewith, in the principal amount of $406,500, is hereby amended to provide that such serial bonds shall have a maximum #3832SvI-AmdI0vr �3-33 maturity often (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 2. Section 9 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 for the purpose referred to in paragraphs (e), (f) and (g) of Section 2 of said bond resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon 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. Section 3. Sections 1, 2(a) through (d) and (h) through (o), and 3 through 8, inclusive, of said bond resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution and as being in full force and effect from and after February 26, 2002, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems that this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours. Moved: Trustee Zieja SEconded: Trustee Higle Vote: 5-0 Trustees Zieja, Higle, DiFelice, and Rodriguez voted YES Mayor Zegarelli voted YES p3S328vl-AmdlO)T 2 �e^y I Meeting Date: 10/08/02 Resolution #:10/146/02 AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION, DATED FEBRUARY 26, 2002, AUTHORIZING THE ISSUANCE OF UP TO 5631,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS PURPOSES IN AND FOR THE VILLAGE - 20 YEAR PURPOSES. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and I reconstruction of various 20-year purposes in the total amount of S631,000 pursuant to a bond resolution adopted on February 26, 2002, a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same; and WHEREAS, the Board of Trustees of the Village desires to issue such bonds for the maturity and period of probable usefulness pennitted by law, and accordingly, desires to amend such bond resolution by submitting it to a permissive referendum in the manner prescribed by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. Paragraphs (1) and (m) of Section 2 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 authorizing serial bonds of the Village for I the (i) acquisition, construction and reconstruction of window improvements ($104,000) and (ii) acquisition of a fire-fighting vehicle and apparatus ($527,000), respectively, together with applicable incidental and preliminary costs in connection therewith, in the principal amount of $631,000, is hereby amended to provide that such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or #38330 vl-Amd 20 >T �SL3~< I (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 2. Section 9 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 for the purpose referred to in paragraphs (1) and (m) of Section 2 of said bond resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon 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. Section 3. Sections 1, 2(a) through (k) and (n) and (o), and 3 through 8, inclusive, of I said bond resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution and as being in full force and effect from and after February 26, 2002, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems that this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours. Moved: Trustee Higle SEconded: Trustee Rodriguez Vote: 5-0 Trustees Higle, Rodriguez, DiFelice, Zieja votedYES Mayor Zegarelli voted YES I S38330vI-Amd20>T .s^V itinr,? r^W 1 �C5\ I Meeting Date: 10/08/02 Resolution #10/147/02 AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION, DATED FEBRUARY 26, 2002, AUTHORIZING THE ISSUANCE OF UP TO S759,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS PURPOSES IN AND FOR THE VILLAGE - 15 YEAR PURPOSES. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), determined that it is in the public I interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of various 15-year purposes in the total amount of $759,000 pursuant to a bond resolution adopted on February 26, 2002, a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same; and WHEREAS, the Board of Trustees of the Village desires to issue such bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend such bond resolution by submitting it to a permissive referendum in the manner prescribed by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. Paragraphs (c), (i), (j) and (k) of Section 2 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 authorizing serial bonds of the Village I for the (i) acquisition of machinery and apparatus for construction and maintenance (5375,400), (ii) acquisition, construction and reconstruction of parks and recreation facilities (5241,400), (iii) acquisition, construction and reconstruction of sidewalks (5131,200) and (iv) acquisition, construction and reconstruction of a pumphouse (511,000), respectively, together with applicable incidental and preliminary costs in connection therewith, in the principal amount of 5759,000, is #38329 v l - A r e d ! 5 yr C^Cj? �3.3--] hereby amended to provide that 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 bond anticipation notes issued in anticipation of the issuance of such serial bonds. Section 2. Section 9 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 for the purpose referred to in paragraphs (c), (i), (j) and (k) of Section 2 of said bond resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon 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. Section 3. Sections 1, 2(a), (b), (d) through (h) and (1) through (o), and 3 through 8, inclusive, of said bond resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution and as being in full force and effect from and after February 26, 2002, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems that this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours. Moved: Trustee Rodriguez Seconded: Trustee DiFelice Vote: 5-0 Trustees Rodriguez, DiFelice, Zieja and Higle voted YES Mayor Zegarelli voted YES - ?38329vl-Amdl5yr 2 �Meeting Date: 10/08/02 Resolution #10/148/02 AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION, DATED FEBRUARY 26, 2002, AUTHORIZING THE ISSUANCE OF UP TO 5122,400 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF LAND IN AND FOR THE VILLAGE - 30 YEAR PURPOSE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of land in the total amount of $122,400 pursuant to a bond resolution adopted on February 26, 2002, a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same; and WHEREAS, the Board of Trustees of the Village desires to issue such bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend such bond resolution by submitting it to a permissive referendum in the manner prescribed by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Ilollow, as follows: Section 1. Paragraph (n) of Section 2 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 authorizing serial bonds of the Village for the acquisition of land or rights-in-land, together with applicable incidental and preliminary costs in connection therewith, in the principal amount of $122,400, is hereby amended to provide that such serial bonds shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. #38331 v l - Ami 30 yr �A 9^7 i Section 2. Section 9 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 for the purpose referred to in paragraph (n) of Section 2 of said bond resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon 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. Section 3. Sections 1, 2(a) through (m) and (o), and 3 through 8, inclusive, of said bond resolution are hereby ratified, approved and confirmed as being not affected by this tm amendatory bond resolution and as being in full force and effect from and after February 26, 2002, ^p the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems that this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours. Moved: Trustee DiFelice Seconded: Trustee Zieja Vote: 5-0 Trustees DiFelice, Zieja, Higle and Rodriguez voted YES Mayor Zegarelli voted YES I #33331 vi-Amd30yr 2 �Meeting Date: 10/08/02 Resolution / / 1 0 / U 9 / 0 2 AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION, DATED FEBRUARY 26, 2002, AUTHORIZING THE ISSUANCE OF UP TO 573,400 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF WATER SYSTEM IMPROVEMENTS IN AND FOR THE VILLAGE - 40 YEAR PURPOSES. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of water system improvements in the total amount of $73,400 pursuant to a bond resolution adopted on February 26, 2002, a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same; and WHEREAS, the Board of Trustees of the Village desires to issue such bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend such bond resolution by submitting it to a permissive referendum in the manner prescribed by law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. Paragraph (o) of Section 2 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 authorizing serial bonds of the Village for the acquisition, construction and reconstruction of water system improvements, together with applicable incidental and preliminary costs in connection therewith, in the principal amount of S73,400, is hereby amended to provide that such serial bonds shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. #38332 v l - A m d 40 >T �9-M I Section 2. Section 9 of a bond resolution adopted by the Board of Trustees of the Village on February 26, 2002 for the purpose referred to in paragraph (o) of Section 2 of said bond resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon 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. Section 3. Sections 1, 2(a) through (n), and 3 through 8, inclusive, of said bond resolution are hereby ratified, approved and confirmed as being not affected by this amendatory * ^B bond resolution and as being in full force and effect from and after February 26, 2002, the terms of WB which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems that this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours. Moved: Trustee Zieja Seconded: Trustee Higle Vote: 5-0 Trustees DiFelice, Zieja, Higle and Rodriguez Voted YES Mayor Zegarelli Voted YES I ?3S332 vl - Amd 40 >T 2 �^ I Meeting D a t e : 10/08/02 R e s o l u t i o n #: 10/150/02 BOND RESOLUTION, DATED OCTOBER 8_, 2002, AUTHORIZING THE ISSUANCE OF UP TO $100,000 AGGREGATE PRINCffAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE SETTLEMENT OF TAX CERTIORARI CLAIMS FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, in the State of New York (the "State"), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the settlement of tax certiorari I claims for the Village, at a total cost not to exceed $100,000, in accordance with the Local Finance Law; WHEREAS, the amount of such tax certiorari claims exceeds one per centum (1%) and is less than three per centum (3%) of the real property tax levy of the Village for municipal purposes in the Village's 2002-2003 fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $100,000, pursuant to the Local Finance Law, in order to finance costs of the specific object or purpose hereinafter described. Section 2. The specific object or purpose to be financed by the issuance of such serial H bonds is the settlement of tax certiorari claims for the Village (the "Project"). Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $100,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $100,000 proceeds of the serial �bonds or bond anticipation notes authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years. Section 4. It is hereby determined that the Project is a specific object or purpose described in subdivision 33-a(a) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is ten (10) years. The serial bonds authorized herein shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of such serial bonds, or (b) the date of the first bond anticipation notes issued in anticipation of die issuance of such serial bonds. Section 5. Subject to the terms and conditions of this Resolution and the Local 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, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Clerk of the Village is hereby authorized to affix the seal 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 facsimile signature of the Village Treasurer. 2 �•=53/ 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. Section 7. When this Resolution takes effect, the Clerk of the Village shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in J o u r n a l News , a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this 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 for an objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 8. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 obligations authorized to be 3 �i .a 3^ issued 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 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the "obligations"), 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 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 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 4 �e£ 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 10. The Village hereby declares its intention to issue the obligations authorized herein to finance costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 any of the equipment financed with the proceeds of 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 minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any of the vehicles 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 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 5 �,^37 I notwithstanding the defeasance of the bonds 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 for such purposes on or after a date which is not more than sixty (60) days prior to the date of adoption of this Resolution by the Village. Section 11. This Resolution will take effect immediately upon its adoption. Moved: Trustee Higle Seconded: Trustee Rodriguez Vote: 5-0 Trustees DiFelice, Zieja, Higle, and Rodriguez Voted: YES Mayor Zegarelli Voted YES I I j.T^Jte * -r. , ^^^^s^^feii:-^'-s^^i--,3f3 B eEt^^s*.^^ J - ^ ^ ? 4 s ^ ^ * ^ S C ^ �<Q Meeting Date: 10/08/02 R e s o l u t i o n #: 10/151/02 BOND RESOLUTION, DATED OCTOBER _8_, 2002, AUTHORIZING THE ISSUANCE OF $450,000 AGGREGATE PRINCIPAL AMOUNT SERL\L BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT T O THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE DREDGING OF WATERWAYS, (H) THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION O F AN HVAC SYSTEM, AND (HI) THE ACQUISITION OF AN AMBULANCE, IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, 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 dredging of waterways ($250,000), (ii) the construction, reconstruction and acquisition of an HVAC system ($100,000), and (iii) the acquisition of an ambulance ($100,000), in and for the Village at a total estimated cost of $450,000, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $450,000 pursuant to the Local Finance Law, in order to finance the cost of the specific object or purpose or class of objects or purposes, including preliminary costs thereof, hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (cumulatively, the "Project"), the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: �(a) The dredging of waterways in and for the Village, including, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $250,000 for which $250,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 3 of paragraph a of Section 11 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The construction, reconstruction and acquisition of an HVAC system in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $100,000 for which $100,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law, such building being of Class "A" construction (as that term in defined in Section 11.00(a)(ll) of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The acquisition of an ambulance for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $100,000 for which $100,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) 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 ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by 2 �.2 the date of the first 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 $450,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $450,000 proceeds of the serial bonds or bond anticipation notes authorized herein except to the extent of third party funds provided by the State or Federal government for the Project which amount of funds shall reduce pro tanto the amount of serial bonds authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years. Section 4. Subject to the terms and conditions of this Resolution and the Local 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, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village 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. 3 �,^y/ Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due. Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in , a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this 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 for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 obligations authorized to be 4 �e^VA issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 facilities financed with the proceeds of 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 minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any 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 minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 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 for such purpose on or after a date which is not more than 60 days prior to the date of adoption of this Resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the "obligations"), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under 5 �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 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 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village 6 �r^Vy I Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 10. This Resolution is subject to a permissive referendum and will take effect upon 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: Trustee Rodriguez Seconded: Trustee DiFelice Vote: Trustees DiFelice, Zieja, Higle and Rodriguez Voted: YES Mayor Zegarelli Voted: YES I I 7 5-0 �c2V£ Meeting Date: 10/08/02 Resolution #": 10/152/02 BOND RESOLUTION, DATED OCTOBER _§_, 2002, AUTHORIZING THE ISSUANCE OF $463,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF PARK AND RECREATION FACILITIES, (H) THE CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO STREETS, (IH) THE ACQUISITION OF EQUIPMENT AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE, AND (IV) THE ACQUISITION OF WATER METERS, IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located in Westchester County, 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, construction and reconstruction of park and recreation facilities ($150,000), (ii) the construction and reconstruction of improvements to streets ($100,000), (iii) the acquisition of machinery and apparatus for construction and maintenance ($100,000), and (iv) the acquisition of water meters ($113,000), in and for the Village at a total estimated cost of $463,000, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Sleepy Hollow, as follows: Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $463,000 pursuant to the Local Finance Law, in order to finance the cost of the specific object or purpose or class of objects or purposes, including preliminary costs thereof, hereinafter described. Section 2. The specific objects or purposes or class of objects or purposes to be financed pursuant to this bond resolution (cumulatively, the "Project"), the respective estimated maximum cost of each item of such specific objects or purposes or class of objects or purposes, the principal �amount of serial bonds authorized herein for such specific objects or purposes or class of objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows: (a) Trie acquisition, construction and reconstruction of park and recreation facilities in and for the Village, including (i) improvements to Douglas Park ($100,000) and (ii) improvements to the platform tennis court ($50,000), together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $150,000 for which $150,000 principal amount of 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 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (b) The construction and reconstruction of improvements to streets in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $100,000 for which $100,000 principal amount of 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 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (c) The acquisition of machinery and apparatus for construction and maintenance in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an 2 �£H:1 estimated maximum cost of $100,000 for which $100,000 principal amount of 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) by the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds. (d) The acquisition of water meters in and for the Village, together with applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost of $113,000 for which $113,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) 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 fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first 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 $463,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the. costs of the Project from the $463,000 proceeds of the serial bonds or bond anticipation notes authorized herein except to the extent of third party funds provided by the State or Federal government for the Project which amount of funds shall reduce pro tanto the amount of serial bonds authorized herein; and (d) the maturity of the obligations authorized herein will be in excess of five (5) years. 3 �<3y% Section 4. Subject to the terms and conditions of this Resolution and the Local 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, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and 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 Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village 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. Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due. Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in , a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this 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 for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution 4 �are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State. Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, 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 obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein 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 facilities financed with the proceeds of 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 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 5 �^y^ 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 minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 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 for such purpose on or after a date which is not more than 60 days prior to the date of adoption of this Resolution by the Village. Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the "obligations"), 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 in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the 6 �.P-S/ 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. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made. Section 10. This Resolution is subject to a permissive referendum and will take effect upon 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: Trustee DiFelice Seconded: Trustee Zieja Trustees DiFelice, Z i e j a , Higle and Rodriguez Voted: Mayor Zegarelli Voted: YES 7 Vote: 5-0 YES �<£ S"A I Meeting Date: 10/08/022 Resolution #: 10/153/02 NOTICE OF INTENT TO BECOME LEAD AGENCY WHEREAS, the Mayor and the Board of Trustees ofthe Village of Sleepy Hollow (the Board) have received a grant from New York State for the rehabilitation and expansion of Barnhart Park, located on Barnhart Avenue and Andrews Lane in the Village of Sleepy Hollow, New York; and WHEREAS, the Board will also provide funding and in-kind services for the improvement of the park; and WHEREAS, a Lead Agency must be established pursuant to the requirements of the State Environmental Quality Review Act (SEQRA); and i WHEREAS, the Board is interested in becoming Lead Agency in this matter. NOW. THEREFORE BE IT RESOLVED THAT the Board of Trustees of the Village of Sleepy Hollow declares its intent to become lead agency. The Board will distribute this resolution to all other potentially involved agencies and afford them an opportunity to comment on the intention of the Board with regard to lead agency. This Notice of Intent and accompanying Long Form EAF have been circulated to the following: Mr. Philip Zegarelli, Mayor Village Hall 28 Beekman Avenue Sleepy Hollow, NY 10591 Nicholas Robinson, Chairman, Village of Sleepy Hollow Planning Board Village Hall 28 Beekman Avenue Sleepy HoUow, NY 10591 I Erin Crotty, Commissioner NYSDEC 625 Broadway - 4* floor Albany, NY 12233-3507 Michael Mason, Project Manager NYSDEC, Division of Environmental Remediation Bureau of Construction Services, Room 267 50 Wolf Road Albany, NY 12233-7010 �^o Marc Moran NYSDEC, Region 3 New York State Department of Environmental Conservation 21 South Putt Comers Road NewPaltz,NY 12561-1696 Westchester County Department of Planning c/o Lukas Herbert 148 Martine Avenue White Plains, NY 10601 Moved: Trustee Higle Seconded: Trustee Zieja Vote: Trustees Higle, Zieja and rodriguez voted YES Mayor Zegarelli voted YES F:\NTM-720 &'«py HoHo^Baniiun FaA,*oi.>*pd 4 �o? Meeting Date: 10/08/02 RESOLUTION # 10/154/02 Authorizing Adoption of the Board of Trustees of the Village of Sleepy Hollow ofLoealLawNo. 10 2002 WHEREAS, a resolution was duly adopted by the Board of Trustees of the Village of Sleepy Hollow for the continuance of a public hearing to be held by said governing body to hear all interested parties on the proposed amendment to Section 19D-3 of the Code of the Village of Sleepy Hollow on September 17, 2002 at 8:00 pm at Village Hall, 28 Beekman Avenue, sleepy hollow New York, and WHEREAS, notice of said public hearing was duly advertised in the Journal News, the official newspaper of the Village of Sleepy Hollow, and WHEREAS, said public hearing was duly held on September 17 ,2002 and all parties in attendance were permited an opportunity 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 in the best interest of the Village to amend Section 19D-3 of the Code of the Village of Sleepy Hollow. NOW, THEREFORE, BE IT RESOLVED That the Board of Trustees of the Village of Sleepy Hollow hereby amends Section 19D-3 of the Code of the Village of North Tarrytown (Sleepy Hollow), a copy of which is attached hereto, and made a part of this Resolution, and �< ; < 10/11/2032 15:33 914&743688 MSP PAGE A Local Law Amending Section 19D-3 of the Village Code of the Village of North Tarrytown (Sleepy Hollow) Amending the Powers of the Office of Director of the Department of Life and Fire Safety of the Village of Sleepy Hollow - BE IT ENACTED, by the Board of Trustees of the Village of Sleepy Hollow, as follows: A. Section 19D-3. Establishment of Office of Director There is hereby created the office of Director of the Department of Fire and Life Safety of the village. The Director shall have primary responsibility for the administration and enforcement of the provisions of this Code and shall supervise the personnel assigned to and activities of the Building Department and shall supervise the activities of the Building Inspection Division and Code Enforcement Division. Wherever in this Code authority is vested in a Building Inspector or a Code Enforcement Officer to enforce any provision of this Code or the New York State Fire Prevention and Building Code, such authority shall also be vested in the Director of the Department ofFire and Life Safety, [new language in italics] Validity. . . . If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Village of Sleepy Hollow hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. Repeal. All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. Effective Date. This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. �c2S£ I Meeting Date: 10/08/02 Resolution*: 1 0 / 1 5 5 / 0 2 Be it resolved that the Board of Trustees of the Village of Sleepy Hollow does hereby amend Section 1-Chapter 57 of the Code of the Village of Sleepy Hollow by adding a new Section 57-43.1 to the Code of the Village of Sleepy Hollow entitled "Dimensions and Weights of Vehicles". Moved: Trustee Rodriguez Seconded: Trustee Higle Vote: 4-0 I �£5" 7 A Local Law Adding Section 57-43.1 of the Code of the Village of North Tarrytown (Sleepy Hollow) entitled "Dimensions and Weights of Vehicles." BE IT ENACTED BY THE Board of Trustees of the Village of Sleepy Hollow, as follows: SECTION I - Chapter 57 of the Code of the Village of Sleepy Hollow is hereby amended by adding a new Section 57-43.1 of the Code of the Village of Sleepy Hollow entitled "Dimensions and Weights of Vehicles as follows: A. Dimensions and weights of vehicles (1). Except as expressly permitted by the United States or the New York State Department of Transportation, no person shall operate or move, or cause or knowingly permit to be operated or moved on any public street in the Village of Sleepy Hollow, any vehicle or combination of vehicles of a size or weight exceeding the limitations provided for in this section. (2). (i) The width of a vehicle, inclusive of load, shall be not more than 96 inches plus safety devices, on any Village highway in the Village of Sleepy Hollow. (ii) The provisions of paragraph (i) of this subdivision shall not apply to omnibuses or buses used solely for the transportation of children to and from school, but the width of such omnibuses shall not exceed ninety-eight inches. 3. The height of a vehicle from under side of tire to top of vehicle, inclusive of load, shall be not more than thirteen and one-half feet. Any damage to highways, bridges or highway structures resulting from the use of a vehicle exceeding thirteen feet in height where such excess height is the proximate cause of the accident shall be compensated for by the owner and operator of such vehicle. 4. (i) The length of a single vehicle, inclusive of load and bumpers, shall be not more than thirty-five feet unless otherwise provided in this subdivision. (ii) The length of a semitrailer or trailer shall not exceed forty-five feet except as provided in paragraph (4) of this subdivision, provided, however, that the length of any trailer or semitrailer being operated in combination with another trailer or semitrailer shall not exceed twenty-eight and one-half feet. (iii) The length of buses having a carrying capacity of more than seven passengers shall not exceed forty feet, except that the length of articulated buses shall not exceed sixty-two feet. (iv) The provisions of this subdivision shall not apply to fire vehicles or Village owned vehicles. �<£. I (v) Any semitrailer with a length not to exceed forty-eight feet may be operated on any Village highway provided that the total length of a combination of vehicles including such a semitrailer does not exceed fifty-five feet. 5. (i) The total length of a combination of vehicles, inclusive of load and bumpers, shall not be more than sixty feet. (ii) The provisions of paragraph (i) of this subdivision shall not apply to: (1) Vehicles of a corporation which is subject to the jurisdiction of the Interstate Commerce Commission, the Public Service Commission or other regulatory body and which are used in the construction, reconstruction, repair or maintenance of its property or facilities, provided that any such vehicle complies with the safety requirements of the laws and regulations of the United States and of New York State pertaining to over-length vehicles; (2) Vehicles hauling poses, girders, columns, or other similar objects of excess length, provided that any such vehicle complies with the safety requirements of the laws and regulations of the United States and of New York State pertaining to such over length vehicles; (3) Fire vehicles; and (4) Any vehicle or combination of vehicles which is disabled and unable to proceed under its own power and is being towed for a distance not in excess of a ten miles for the purpose of repairs or removal from the highway. (iii) Notwithstanding the provisions of paragraph (i) of this subdivision, a bumper overhang of not more than a total of five feet, either front or rear or divided between the front and rear of a combination of vehicles used to transport other motor vehicles, shall be permitted. (6) In determining the number of wheels and axles on any vehicle or combination of vehicles within the meaning of this section, only two wheels shall be counted for each axle, and axles which are less than forty-six inches apart, from center to center, shall be counted as one axle. However, in the case of multiple tires or multiple wheels, the sum of the widths of all the tires on a wheel or combination of wheels shall be taken in determining tire width. (7) Subject to the provisions of Sections 57-43 and 57-44 Restrictions on heavy trucks the weight per inch width of tire on any one wheel of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, shall be not more than eight hundred pounds. (8) Subject to the provisions of Sections 57-43 and 57-44 of this Chapter governing restrictions on heavy trucks, the weight on any one wheel of a single vehicle or a combination of vehicles, equipped with pneumatic tires, when loaded, shall be not more than eleven thousand two hundred pounds. 2 �a&i (9) Subject to the provisions of Sections 57-43 and 57-44 of this Chapter governing restrictions on heavy trucks, the weight on any one axle of a single vehicle equipped with pneumatic tires, when loaded, shall be not more than twenty-two thousand four hundred pounds. (10) Subject to the provisions of Sections 57-43 and 57-44 of this Chapter governing restrictions on the weight on any two consecutive axles of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall be not more than the maximum gross weight permitted by this Chapter, except where axles are spaced eight feet or greater, but less than ten feet, the weight on those two axles shall not exceed that permitted by paragraph (b) of subdivision eleven of this section and, in addition, shall not exceed forty thousand pounds. Axles to be counted as provided in subdivision six of this section. (11) Subject to the provisions of Sections 57-43 and 57-44 of this Chapter governing maximum vehicle gross weights, a single vehicle, or a combination of vehicles having three axles or more equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed the maximum gross weight permitted by this Chapter, plus one thousand pounds for each foot and major fraction of a foot of the distance from the center of the foremost axles to the center of the rearmost axle. Axles are to be counted as provided in subdivision six of this section. In no case, however, shall the total weight exceed eighty thousand pounds. For any vehicles or combination of vehicles having a total gross weight less than seventy-one thousand pounds, the higher of the following shall apply: (a) The total weight on all axles shall not exceed the maximum gross weight permitted by this Chapter, plus one thousand pounds for each foot and major fraction of a foot of the distance from the center of the foremost axle to the center of rearmost axle, or (b) The overall gross weight on a group of two or more consecutive axles shall not exceed the weight produced by application of the following formula: W = 500 ((L XN) / (N - 1) + (12XN) + 36) where W equals overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds, L equals distance in feet from the center of the foremost axle to the center of the rearmost axle of any group of two or more consecutive axles and N equals the number of axles in the group under consideration, except that two consecutive sets of tandem axles may carry a gross load not to exceed (the maximum gross weigh permitted by this Chapter), providing the overall distance between ihe first and last axles of such consecutive sets of tandem axles is thirty-six feet or more. For any vehicle or combination of vehicles having a total gross weight of seventy-one thousand pounds or greater, paragraph (b) shall apply to determine maximum gross weight which is permitted hereunder, subject to the provisions of Section 86-9-a of this Chapter governing maximum vehicle gross weights. 12. No vehicle shall be operated on the public streets of the Village of Sleepy Hollow other than on pneumatic tires. 3 �StfoO 13. For the purpose of this Section, the width of pneumatic tires shall be ascertained by measuring the greatest width of the tire casing when tire is inflated. 14. No person shall operate or move a vehicle or a combination of vehicles over, on or through any bridge or structure on any highway if the weight of such vehicle, or combination of vehicles, and load, is greater than the posted capacity of the structure, or exceeds the height of the posted clearance as shown by an official sign. 15. If a vehicle or combination of vehicles is operated in violation of this Section, an appearance ticket or summons may be issued to the registrant of the vehicle, or, if an combination of vehicles, to the registrant of the hauling vehicle, rather than the operator. In the event the vehicle is operated by a person other than the registrant, any appearance ticket or summons issued to the registrant shall be served upon the operator, who shall be deemed the agent of the registrant only for the purpose of receiving such appearance ticket or summons. In addition, a notice containing all pertinent information relating to the charge which is contained on the summons or appearance ticket shall be mailed by or on behalf of the person who issued the appearance ticket'or summons to the registrant at the address given on the registration certificate for the vehicle, or if no registration certificate is produced at the time the appearance ticket or summons is issued to the address of the registrant on file with the department within five days after the date of issuance of the appearance ticket or summons, but at least five days before the return date specified on the appearance ticket or summons. Proof of mailing to the registrant under this section shall be filed with the court in which the appearance ticket or summons is returnable on or before the return date. The provisions of this subdivision shall not apply to owner-operators of any motor vehicle or to any motor vehicle or trailer which is registered in the name of a person whose principal business is the lease or rental of motor vehicles or trailers unless the motor vehicle or trailer is being operated by an employee of the registrant or for a community of interest other than the lease or rental agreement between the parties to the lease or rental agreement. 16. In any case wherein the charge laid before the court alleges a violation of this Section, any plea of guilty thereafter entered in satisfaction of such charge must include at least a plea of guilty to a violation of one of the subdivisions of this section. No other disposition by plea of guilty to any other charge in satisfaction of such shall be authorized, provided, however, if the prosecuting attorney, upon reviewing the available evidence, determines that the charge of a violation of this section is not warranted, he may consent, and the court may allow, a disposition by plea of guilty to that or another charge in satisfaction of such charge, provided, however, the court must impose at least the minimum fine as authorized in this Section for the offense. B. (1) The violation of the provisions of Sections 57-43.1 of this Chapter shall be punishable by a fine of not less than two hundred nor more than five hundred dollars, or by the imprisonment for not more than thirty days, or by both such fine and imprisonment, for the first offense; by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment for not more than sixty days, or by both such fine and imprisonment, for the second or subsequent offense. 4 �(2) A violation of the provisions of subdivisions ten or eleven of Section 57-43.1 of this Chapter by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in either of such sections shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee in accordance with the following schedule: Excess Total Weight (pounds) greater than 0 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 15,000 20,000' 25,000 . 30,000 Amount of Fine (dollars) less than or equal to 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 15,000 20,000 25,000 30,000 . six cents for each ] 50 75 100 200 300 400 500 600 700 1,200 1,700 2,200 2,700 (3) A Violation of the provisions of subdivisions eight and nine of Section 57-43.1 of this Chapter by any vehicle or combination of vehicle whose weight exceeds the weight limitation as set forth in such section or the weight limitations specified by a permit issued by the U. S. or New York State Department of Transportation, shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner, or his agent, or lessee, in accordance with the following schedule: Percentage of excess weight (percentage) 0 5.0 10.0 15.0 20.0 25.0 30.0 Amount of Fines (dollars) less than or equal to 5.0 10.0 15.0 20.0 25.0 30.0 100 200 350 600 1000 1600 2450 5 �«S&«? In connection with the weighing of a vehicle or combination ofvehicles, if it is found that there is a violation of subdivision eleven and also of subdivision nine and ten, or both subdivisions nine and ten of this Section, there shall be a single fine imposed and the maximum amount of such fine shall not exceed the highest fine that could be imposed under paragraph (a) of this subdivision or this paragraph. (4) The court may impose any sentence authorized by this Chapter, provided, however, any such sentence must include a fine as provided in this Section. SECTION II Validity. If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Village of Sleepy Hollow hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. SECTION III Repeal. All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed. * ". ' • - " . SECTION IV Effective Date. This local law shall take effect immediately upon filing in the office of the Secretary of State of New York in accordance with the provisions of the Municipal Home Rule Law. 6 � 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_2002-10-08 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