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                  <text>12

I
A regular meeting of the Board of Trustees of the Village of Sleepy Hollow
was held on Tuesday, May 27, 2003, at 8:15 P.M. in Village Hall, 28 Beekman
Avenue, Sleepy Hollow, New York.
Present:

Mayor Philip E. Zegarelli
Mario DiFelice
Richard Spota
James Hart
Richard Zieja
Kay Brown Grala, Trustees

Also Present:
Dwight Douglas, Village Administrator
Brian Murphy, Village Attorney
Abraham Zambrano, Village Treasurer
David Smith of Saccardi &amp; Schiff
Mayor Zegarelli called the meeting to order with a prayer and pledge to the
flag.
He reminded everyone that the Memorial Day services were adjourned on
May 26, 2003 because of the heavy rains and will be held on Friday, May 3 0 ,
2003, at Patriot's Park.
He reported that this past weekend was North Tarrytown Alumni Weekend
and a memorial service was held on Sunday at the Morse School where a
plaque was unveiled and dedicated to 45 men who gave their lives in World
War I I , Korean War, and Vietnam War, all graduates of North Tarrytown High
School.
Approval of Minutes
Trustee Spota moved, seconded by Trustee Zieja to approve the minutes of
May 20, 2003 meeting; motion carried 7-0.
Approval of Warrants
Trustee Hart moved, seconded by Trustee Grala to approve the warrants and
authorize the Treasurer to pay the bills, subject to review, approval and
signatures of the Mayor and Village Treasurer, motion carried 7-0. Total of
the General Fund is $ 1 1 2 , 4 3 1 . 9 1 , total of Water Fund is 5,639.86, and the
total of Capital Fund is $38,301.34.

1

�1^ i

Mayor's Appointments

Trustee Hart moved, seconded by Trustee Zieja to appoint Abraham
Zambrano as Deputy Administrator; motion carried 7-0.
Public Comments
Mario Belanich had several questions relating to the budget and transfer of
funds which were answered by the Mayor, Trustee Hart and Treasurer
Zambrano.
Mayor's Report

&gt;

The Mayor reported he received a letter about sledding at Three Pines.
The Mayor reported he received correspondence on recent court cases.
The Mayor reported that an application was submitted for local government
achievement awards with NYCOM, but we did not win.
The Mayor reported that a letter was received for a June 21 block party on
Hunter Avenue.
The Mayor reported the letter proposals for the platform tennis courts and
that they are part of the resolutions to be adopted this evening.
Trustee Reports
Trustee DiFelice read a memorandum from the Department of Public Works
relating to recycling of televisions, computer monitors and hardware to be
picked up on Mondays and Tuesdays only by a separate truck. Letter will be
prepared and mailed with water bills at the end of the week.
Trustee DiFelice reported that the Street Naming Committee met to review
names for the County House Road project. The proposed street names are
Andre Brook Drive, Major Andre Lane, and Westview Drive, which will be
discussed at next meeting.
Trustee DiFelice also reported that Henry Steiner is looking into naming of
the overlook at the County House Road project and will report at next
meeting.
\
Trustee Spota reported that due to the Memorial Day holiday, the Public
Safety meeting is rescheduled for Monday, June 2, 2003, at 7:30 p.m.
Trustee Spota reported on the completion of certain courses taken by
members of the Police Department through the Municipal Police Training
Council.

2

�. f

I
Trustee Hart reported on the upcoming events in the Recreation Department
including the fishing derby, NY Yankees game, Tot camp registration, and
day camp registration.
Trustee Grata reported that the franchise renewal committee met and
recommended the resolution response to the MIA.
Trustee Zieja — nothing to report.
Trustee Stever brought up the deadline for submissions to the Waterfront
Advisory Board and discussion ensued relating the need to enforce
submission deadlines for all Village boards for timely distribution to the
members.

I

Administrator's Report — nothing to report.
Resolutions — Attached
Old Business — None
New Business - None
Communications. Petitions. Requests

Chief Warren advised he received a public notice from the Westchester
County Department of Health relating to the health hazard of rabid animals.
There being no further business, Trustee DiFelice moved, seconded by
Trustee Zieja to adjourn the meeting; carried.
Respectfully submitted,

t^tMjtKm i mi^i^

I

-

J^

Sonja'M. Goldstein-Suss
Deputy Village Clerk

3

�123

I
Meeting Date: 5/27/03
Resolution #: 05/95/03
Be it resolved that the Board of Trustees does hereby approve the sale of various
vehicles to the highest bidder from the bid opening that took place on May 15,2003:
1974 GMC 750 Series Dump Truck
JackTornelloS510.00
1982 Chevrolet Suburban Van 4x4
Gambardella Towing, Inc. S65.00
1988 GMC Utility
North White Auto, Inc.

S301.00

1998 Ford Crown Victoria
North White Auto Inc.

53,301.00

Moved:

Trustee DiFelice

Resolution #:

I

Seconded: Trustee Spota

Vote: 7-0

05/96/03

Be it Resolved that the Board of Trustees does hereby confirm the Mayor's
appointment effective May 27,2003 for the following seasonal employee in the
Department of Public Works through no later than Labor Day.
Luis Lopez

100 College Avenue Sleepy Hollow

Moved: Trustee Spota

SlO.OO/hr.

Seconded: Trustee nart

-.*.3,lv&gt; SrU. ^ - ~

Z'-

Vote:

7-0

I

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�Meeting Date: 5/27/03
Resolution $: 05/97/03

RESOLUTION
WHEREAS, the Towns of New Castle, Mount Pleasant and Ossining and the Villages of
Briarcliff Manor, Ossining, Pleasantville and Sleepy Hollow, (the "Municipalities") have each
commenced proceedings to consider the renewal of their respective cable television franchise
agreements with Cablevision in accordance with applicable Federal and New York State statutes
and regulations; and
WHEREAS, Article 5-G of the General Municipal Law of the State of New York
authorizes municipal corporations of the State to enter into agreements for the performance
among themselves or one for the other of their respective functions, powers and duties on a
cooperative or contract basis or for the provision of services; and
WHEREAS, the Municipalities have engaged Rice, Williams Associates, (the
"Consultant") to provide cable television franchise renewal consulting services in accordance
with the Consultant's proposal dated January 28,2003 (the "Services"); and
WHEREAS, the Municipalities wish to enter into an Intermunicipal Agreement in
substantially the form annexed (the "IMA") providing, among other things, that the Town of
New Castle shall take the lead in processing all invoices from the Consultant for the Services and
collecting from the other Municipalities their equitable and agreed share of such costs as set forth
in the IMA.
NOW, THEREFORE, BE IT RESOLVED, that the [Town Board] [Board of Trustees]
hereby approves the IMA in substantially the form annexed; and
BE IT FURTHER RESOLVED, that the [Supervisor] [Mayor] [Village Manager] is
hereby authorized to execute the IMA in substantially the form annexed.

Moved:

Trustee Grala

F:\8875\001\cable.muLres.doc

Seconded:

Trustee Zieja

Vote:

7-0

�KM

INTERMUNICIFAL AGREEMENT
THIS AGREEMENT made this
day of
2003, by and between'the
Town of New Castle, a municipal corporation of the State of New York, having its offices at
200 South Greeley Avenue, Chappaqua, New York 10514 ("New Castle"), the Town of Mount
Pleasant, a municipal corporation of the State of New York, having its offices at One Town Hall
Plaza, Valhalla, New York 10595, the Town of Ossining, a municipal corporation of the State
of New York, having its offices at 16 Croton Avenue, Ossining, New York 10562, the Village
of Ossining, a municipal corporation of the State of New York, having its offices at 16 Croton
Avenue, Ossining, New York 10562, the Village of Pleasantville, a municipal corporation of
the State of New York, having its offices at 80 Wheeler Avenue, Pleasantville, New York 10570,
the Village of Briarcliff Manor, a municipal corporation of the State of New York, having its
offices at 1111 Pleasantville Road, Briarcliff Manor, New York 10510, and the Village of
Sleepy Hollow, a municipal corporation of the State of New York, having its offices at 28
Beekman Avenue, Sleepy Hollow, New York 10591, sometimes collectively referred to herein
as the "Municipalities".
WITNESSETH
WHEREAS, Article 5-G of the General Municipal Law of the State of New York
authorizes municipal corporations of the State to enter into agreements for the performance
among themselves or one for the other of their respective functions, powers and duties on a
cooperative or contract basis or for the provision of services; and
WHEREAS, each of the Municipalities has commenced proceedings to consider the
renewal of their respective cable television franchise agreements with Cablevision in accordance
with applicable Federal and New York State statutes and regulations; and
WHEREAS, the Municipalities have engaged Rice, Williams Associates, (the
"Consultant") to provide cable television franchise renewal consulting services in accordance
with the Consultant's proposal dated January 28,2003 (the "Services"); and
WHEREAS, in the interests of time and efficiency, New Castle has agreed, at the request
of the other Municipalities, to process all invoices from the Consultant for the Services and
collect from the other Municipalities, their equitable and agreed share of such costs.
NOW, THEREFORE, in consideration of the mutual promises of the parties, it is
understood and agreed as follows:
1.
Each of the Municipalities shall deposit with New Castle, the sum of Twelve Thousand
(SI2,000.00) Dollars (collectively, the "Funds") which New Castle shall deposit and hold in an
aggregated account pending receipt of vouchees) for payment submitted by the Consultant
relative to the Services together with such invoices or other documents as New Castle shall
require. New Castle shall apply such portion of the Funds as shall be necessary to pay each such
voucher and remit payment to the Consultant. The Funds to be so remitted shall be apportioned
equally among the Municipalities. New Castle shall provide each of the Municipalities with
copies of the vouchers and their supporting documentation as paid together with a statement of
the Funds disbursed. Any Funds remaining on account after completion of the Services shall be
divided among the Municipalities equally.- The requirement of additional Funds as may be

�2

necessary to complete the Services, shall be subject to the mutual agreement of the
Municipalities.
2.
Each of the Municipalities hereby agrees to indemnify and hold New Castle harmless
against its proportionate share of the Consultant's total costs and expenses. In the event that any
of the Municipalities fail to make such payment, which failure is not cured within fifteen (15)
days of its receipt of written notice from New Castle, such Municipality shall be deemed to be in
default hereunder. Thereafter, New Castle shall be entitled to collect from such Municipality an
amount equal to all sums paid by New Castle to the Consultant on such Municipality's behalf
with interest thereon calculated at the highest rate permitted by law, together with New Castle's
costs and expenses actually incurred in collecting said amount and in enforcing the provisions of
this Agreement, including without limitation, reasonable attorney's fees, disbursements and
expenses.
3.
Each of the signatories to this Agreement warrants and represents that each has the power
and authority to enter into this Agreement and that their respective Town/Village Boards have
authorized execution of this Agreement. This Agreement may be executed in separate
counterparts, each of which, when all counterparts have been delivered, shall constitute a
complete original as to its signatories.
4.
Any waiver of any provision of this Agreement or any right hereunder shall not be
deemed a continuing waiver and shall not prevent or stop such party from thereafter enforcing
such provision or right. The failure of any party to insist in any one or more instances upon strict
performance of any of the terms or provisions of this Agreement by the other shall, not be
construed as a waiver or relinquishment for the future of any such terms or provisions, but the
same shall continue in full force and effect.
5.
This Agreement contains the entire agreement between the parties as to its subject matter
and it can be modified or changed only by writing executed on behalf of all of the parties hereto.
6.
This Agreement shall be construed in accordance with and governed by the laws of the
State of New York.
IN WITNESS WTIEREOF, the parties have executed this agreement as of the date written
above. ,
TOWN OF NEW CASTLE

B

y

:

•

•&gt;•

-

-••

•

•

•

Marion S. Sinek, Supervisor
TOWN OF MOUNT PLEASANT

B y :

•

• • -

••

•

••••••

•

Robert Meehan, Supervisor .

�TOWN OF OSSINING
By:
John Chervokas, Supervisor
VILLAGE OF OSSINING
By:
Paul Shew, Village Manager
VILLAGE OF PLEASANTVILLE
By:

_______________
Bernard Gordon, Mayor
VILLAGE OF BRIARCLIFF MANOR

By:

-•

Michael S. Blau, Village Manager
VILLAGE OF SLEEPY HOLLOW
By:

__
Philip Zegarelli, Mayor

�134

I
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Execution of Contract with Reilly Green Mountain Platform Tennis
of 50 Fields Lane, Brewster, New York 10509
For the Platform Tennis Construction Project
Whereas, bidsfromqualified contractors were solicited to undertake construction of
platform tennis courts and two bids were received, and
Whereas, the bid proposal by Reilly Green Mountain Platform Tennis co. was deemed a
responsive bid proposal, complying with all terms and requirements of the bid
documents, and

I

Whereas, said bid for two courts with piers totaling One Hundred andfifteenthousand
dollars ($115,000) was reviewed against the project's estimated cost and determined to
be reasonable, and
Whereas, installation of said platform tennis courts is an important enhancement to the
recreation facilities at DeVries Park, but construction and installation must be timed to
avoid conflict with use of adjoining recreation facilities,
Now, Therefore, Be It Resolved that, the Village Board herein accepts the bid proposal of
Reilly Green Mountain Platform Tennis co. for the Platform Tennis Construction project
at a total price of $115,000 to be funded with Village capital funds, and
Be It Further Resolved, that the Village Board herein authorizes the Mayor to execute a
contract for said work on the condition that suitable timing for the construction activity
can be agreed upon, and to take other such steps as are necessary to effectuate the intent
of this resolution.

Moved by Trustee Hart

^ Second b y T r u s t e e

Grale

, Vote 7 ~°

Resolution #5/98/03 Date: May 27,2003

I
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�Date:
Resolution:

05/27/03
05/99/03

Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing
Budget Transfers for Fiscal Year Ending May 31,2003
Whereas, in compliance with Generally Accepted Accounting Principals, the
Village Treasurer has reviewed departmental expenses on a line by line basis and has
determined that there is a need for reallocation of Board approved appropriations as.
approved at the time the budget was approved for Fiscal Year Ending May 31, 2003.
Now, Therefore, be it resolved that the Board of Trustees of the Village of
Sleepy Hollow authorizes the Village TreasureHo make the budget transfer detailed in the
attached schedule.

Moved by: Trustee Zieja. Seconded by: Trustee SteverVote:

7-0

�1

VILLAGE OF SLEEPY HOLLOW
GENERAL FUND BUDGET TRANSFERS
AS OF APRIL 30, 2003
FROMACCT

.

TOACCT

.

AMOUNT

Village Justice

A1110.402
A1110.402
A1110.402
A1110.402

Telephone
Telephone
Telephone
Telephone

A1110.111
A1110.112
A1110.301
A1110.403

A1010.426
A1990.450

Cable Upgrade
Contingency

A1010.425
A1010.425

A1990.450

Contingency

A1210.419

A1990.450

Contingency

A1355.419
A1990.450

Other Expenses
Contingency

A9189.810

Staff Development

A9720.700

TAN-Prin &amp; Int

A9720.700

TAiM-Prin &amp; Int

A9720.700

TAN-Prin &amp; Int

A3520.151

Code Enforcer

...
Court Clerk
Assiss Court Clerk
Office Supplies
Printing

2,420
200
950
50

Cable Coverage
Cable Coverage

3,684
6,316

Other Expenses

6,500

Board of Trustees

Mayor
Village Auditor
A1320.413

Auditor

12,425

Village Assessor
A1355.103
A1355.103 .

Temp Serv. Assess.
Temp Serv. Assess.

1,500
3,230

Municipal Dues

2,022

Municipal Dues
A1920.499

Judgements &amp; Claims
A1930.401

Judgement &amp; Claims

6,995

Taxes &amp; Assessments
A1950.461

Taxes &amp; Assessments

39,134

Unallocated Taxes
A1980.449

Unallocated Taxes

2,612

Safety Inspections
A3620.103

Temp Help

11,745

�1

I
VILLAGE OF SLEEPY HOLLOW
GENERAL FUND BUDGET TRANSFERS
AS OF APRIL 30, 2003
TO ACCT

FROM ACCT

AMOUNT

Fire Department

I

A3410.501
A3410.501
A3410.502
A3410.447
A3410.407
A3410.407
A3410.419
A3410.447
A3410.200
A1990.450
A3410.501

AMB BLS/ALS
AMB BLS/ALS
Alarm Pagers
Training
Repairs
Repairs
Other Supplies
Training
Equipment
Contingency
AMB BLS/ALS

A3410.406
A3410.406.EASV
3410.528.AED
3410.528.AED
A3410.528.AMB
A3410.209
A3410.503
A3410.417
A3410.417
A3410.417
A1630.405

A5650.404

Off Street Parking

A6772.400

Other Expenses

A7180.450
A7180.450
A7180.450
A7180.450
A7180.450
A7180.450
A7180.450
A7180.450

Contingency Fund B.
Contingency Fund B.
Contingency Fund B.
Contingency Fund B.
Contingency Fund B.
Contingency Fund B.
Contingency Fund B.
Contingency Fund B.

Ambulance Repairs
EASV Amvulance Rprs
AED FD Pages &amp; Chrgs
AED FD Pages &amp; Chrgs
AMB FD Pagrs &amp; Chrgs
Equipment Repairs
Administration
Physicals
Physicals
Physicals
Ambulance Bid Oil

700
1,863
5,000
3,582
7,401
6,034
2,190
5,000
6,122
555
1,500

Electricity

2,298

Pers Serv Meals On Wh

3,007

Street Lighting
A5182.404

Meals on Wheels
A6772.100

Summer Camp
A7180.100
A7180.110
A7180.403
A7180.406
A7180.407
A7180.408
A7080.409
A7180.412

Administration
Staff
Entertainment
Buses
Carnival
CPR Training
Diamond Dairy
Misc.

9,498
15,924
425
5,000
887
120
154
2,937

Programs for the Aging
A7610.102

Transportation

A8560.400

Contractual

A7610.101

Nutricion Program

4,000

Village &amp; Park Flowrs

2,500

Shade Trees

I

A8560.408

�US

I
VILLAGE OF SLEEPY HOLLOW
GENERAL FUND BUDGET TRANSFERS
AS OF APRIL 30, 2003
TO ACCT

FROM ACCT

AMOUNT

Social Security
A9030.8015

Social Security-Parks

A9030.801

Social Security

8,100

Workers Compensation
A9040.8035

. Workers' Comp-Camp A9040.802

Workers' Comp

.

2,500

Dental Insurance
A9060.812

Pay In Lieu of Med Ins A9180.806

A9189.807

Police Welfare

A9730700

BAN-lnterest

Dental Insurance

800

Teamsters Welfare Fund
A9189.808

Teamsters Welfare

3,640

BAN-Principal

9,650

Short Term Debt
A9730.600

I

I

�130

Date:
05/27/03
Resolution:
05/100/03

. -

Resolution of the Board of Trustees of the Village of Sleepy Hollow accepting
Insurance Policy Renewal for the year June 1,2003 through May 31,2004
Whereas, that Village of Sleepy Hollow has received and reviewed a proposal for
the renewal of Property, General Liability, Automotive, Crime, Public Officials Liability,
Property, Boiler &amp; Machinery and Blanket Accident insurance policies from W.H.
Moulton Company, LLC of 701 Westchester Avenue, White Plains, New York 10604.
Whereas, the terms, limits and coverage under the renewed policy will remain
unchanged from the current policy and
Whereas, the total cost of the policies proposed by W.H. Moulton Company,
LLC is $351,661 for the policy period beginning June 1,2003 through May 31,2004.
Now
Therefore, be it resolved that the Village Board of the Village of Sleepy Hollow
approves the insurance policy renewal and authorizes the Mayor of the Village of Sleepy
Hollow to execute all documents necessary to carry out the intent of this resolution.

Trustee
Moved by: S t e v e r :-.-•-, Seconded by:

Trustee
DiFelice

Vote:

Unanimous

�140

65/27/2883 11:12
WY-i3-ZB03
\\:\m

9146310607

PAGE

SLEEPY HOULOW

F9CM-

T-453

P.CM/BG4

F-01T

03

I

Meeting Date: May 27,2003
Resolutions 5/101/03
WHEREAS, in or about /Ofa?/
, 2002, the Village commenced a violation
proceeding against the property owner of 150 Cortlandt Street for violating certain
Village Code regulations;
WHEREAS, in or about //[(&lt;$, 2002. the Village Justice ordered an
independent engineer inspect die subject property to verify that certain construction
performed by the Owner was pursuant to Code;
WHEREAS, the Village and the property owner designated Timothy L. Cronin Jr.
P.E., to perform the inspection of the property;
WHEREAS, on November 25,2002 and December 3, 2002, Timothy L. Cronin
Jr. P.E, performed the inspections;
WHEREAS, The Village paid Timothy L. Cronin Jr. P.E. SI ,200 to perform the
inspections;

I

WHEREAS, the Village has duly demanded the S 1,200 from the property owner
to reimburse the Village for the cost of the inspections and further advised the property
owner that upon his failure to pay the S 1,200 a lien would be placed against his property
located at 150 Cortlandt Street, and designated on the Village tax assessment maps as
Section 16, Block 10 Lot 14;
WHEREAS, the property owner has failed to pay the 51,200;
NOW THEREFORE BE IT RESOLVED, that based upon the property owner's
failure to pay the S1,200, the Village Treasurer is hereby authorized to place a hen in the
amount of SI,200 on the property located at 150 Cortlandt Street, and designated on the
Village tax assessment maps as Section 16, Block 10 Lot 14, and said lien shall remain in
full force and effect for the amount due plus interest until fund payment has been made;
and be it further
RESOLVED, that the S1,200 shall be collected in a manner fixed by law fox the
collection of taxes and shall be subject to a delinquent penalty at the legal rate of interest
in the event that the same is not paid in full on or before the date the tax bill upon which
such charge appears becomes delinquent.
M O V E D : T r u s t e e D i P e l i c &amp; E C O N P E P : T r u s t e e Soota

VOTE:

7-0

I

�I

R5/27/ t 28B3 1 1 : 1 2
HAV-ZW003 11:13AM

9146310607

SLEEPY HOLLOW

FRCM-

T-453

P.002/304

PAGE
F-Dlf

Meeting Date: May 27,2003
Resolution #: 5/10^03
WHEREAS, in or about June, 2002, the property located at 300 North Broadway
was subjected to an oil spill requiring clean-up, oil container removal and debris removal;
WHEREAS, on or about
, 2002, the Village Justice ordered the property
owner of 300 North Broadway to clean the oil as well as remove the debris from the
property;
WHEREAS, the owner of the property failed to clean the oil spill and/or remove
the debris from the property,

I

WHEREAS, on or about June 8, 2002, the Village retained the services of Royal
Environmental Services Corporation to perform the oil spill clean up and debris removal;
WHEREAS, on June 8,2002 and June 13,2002, Royal Environmental Services
Corporation cleaned the site and removed the oil and debris;
WHEREAS, the Village paid Royal $3,793.37 to clean up an oil spill and to
remove the debris from 300 North Broadway;
WHEREAS, the Village has duly demanded the $3,793.37 from the property
owner to reimburse the Village for the cost of the clean-up and farther advised the
property owner that upon his failure to pay the S3,793.37 a lien would be placed against
his property located at 300 North Broadway and designated on the Village tax maps as
Seclion 17, Block 20 and Lot 25;
WHEREAS, the property owner has failed to pay the $3,793.37;

I

NOW THEREFORE BE IT RESOLVED, that based upon the property owner's
failure to pay the $3,793.37, the Village Treasurer is hereby authorized to place a lien in
the amount of S3.793.37 on the property located at 300 North Broadway and designated
on the Village tax maps as Section 17, Block 20 and Lot 25, and said lien shall remain in
full force and effect for me amount due plus interest until final payment has been made;
and be it further
RESOLVED, thai me 53,793.37 shall be collected in a manner fixed by law for
the collection of taxes and shall be subject to a delinquent penalty atfliclegal rate of
interest in the event that the same is not paid in full on or before the date the tax bill upon
which such charge appears becomes delinquent.
MOVED: Trustee Spota SECONDED: Trustee Hart

VOTE:

7

~0

04

�I
Meeting Date: May 27/2003
Resolution*: 05/103/03
Be it resolved that the Board of Trustees hereby authorizes the Mayor to execute the COPS
in Schools 2003 grant application.
Moved:

Trustee

Hart

Seconded: Trustee • Graia

vote: 7~°

Meeting Date: May 27, 2003
Resolution*: 05/104/03
Be it resolved that the Board of Trustees hereby authorizes the Mayor to execute the
Homeland Security Overtime Program grant application.
Moved:

Trustee Hart

Seconded: Trusfefe Grala

Yote;

7-0

I

_

I
J1S.-..4.J

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trf^^h^^XlvS^r^V^^'lii^^tu^a^AiaiM^liiirilS^^kS&amp;i^^^^^i

�I

MAY-23-2003 04:17PH

FRO«-

T-464

Meeting Date: 05/27/03
Resolution il: 05/105/03

—

P.G02/0Q2 F-031

,^T

RESOLUTION
"WHEREAS, the Village of Sleepy Hollow, Board of Trustees had previously
declared a 1977 American LaFrance fire truck as surplus property, and
WHEREAS, the Village of Sleepy Hollow on or about February 11,2003
authorized the solicitation of sealed bids for the purchase of said 1977 American
LaFrance fire truck; and

I

WHEREAS, all bids received for the 1977 American LaFrance fire truck were
reviewed by the Board of Trustees and rejected on May 13,200$; and
WHEREAS, the highest sealed bid previously received on said fire truck was
S6.600.08; and
WHEREAS, the Village has received an offer from Miguel Valle to purchase the
fire truck for the price of S6,610.00; and
WHEREAS, this offer exceeds the highest bid previously submitted for the fire
truck;
NOW, THEREFORE, BE IT RESOLVED
That the Board of Trustees of the Village of Sleepy Hollow hereby authorizes the

I

sale of a 1977 American LaFrance fire truck to Miguel Valle, for the price of S6,610.00.
Moved:

Trustee Grala

Seconded:

Trustee-Zieja

Vote:

"•'Ai.(v.i&gt;1-(»'ar'..*&gt;f.

7-0

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Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Temporary Street Closure
Hunter Avenue Block Party
Whereas, residents of Hunter Avenue have requested that a section of
Hunter Avenue from the corner of Beilwood Avenue to the intersection of
Munroe Avenue he closed for a block party,
Now, Therefore, Be It Resolved that, the Village Board herein authorizes
said section of Hunter Avenue to be closed on Saturday, June 21, 2003 from
2:00 p.m. "to 10:00 p.m.

Moved by Trustee Zieja

Second byTrustee Stever, Vote 7-0 -

Resolution# 05/106/0:fr ate: May 27,2003

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�145

Date: 05/27/03
Resolution:
05/107/03

Resolution Authorizing the Mayor of The Village of Sleepy Hollow .
to execute a contract with Munis Systems for Phase III of the Computer Conversion
Whereas, the Board of Trustees of the Village of Sleepy Hollow previously
approved a capital project to upgrade and integrate the Village's Financial system, and
Whereas, the Board of Trustees of the Village of Sleepy Hollow approved Munis
System to be the system that would integrate all of the Village's financial activity, and
Whereas, the Board of Trustees of the Village of Sleep Hollow previously
authorized the Mayor to execute the contract for Payroll/Personnel and Water Utility
Billing.
Now, Therefore, be it Resolved that The Board of Trustees of the Village of
Sleepy Hollow hereby authorizes the Mayor of the Village of Sleepy Hollow to execute
an agreement with Munis Systems of 370 U.S. Route One, Falmouth, Maine 04105 for
the purchase, installation and support of the Tax, Code Enforcement and Permits, General
Billing Applications and Report Writer Software Modules as detailed in the quotes
attached herewith.
.
..

Moved by:

Trustee
Sfeever.

Trustee
Seconded by: F e l i c e

-, n
Vote: ~°
7

�1'io

MAY-09-2333

10:07

MUNIS

207 781 2260

P.02/06

I

MuSSs
MUNIS Quote
TO: Abe Zambrano, Village of Sleepy Hollow
FROM: Karon Grosset, Acct Rep, ext 4222
DATE: 24-Mar-03
RE: MUNIS Tax Quotes

TEL: 914 366-5100
FAX: 914 332-7074
Q u o t e Expires: 120 Days

Unit
Price

Description

1

MUNIS NY Tax Administration Application
Less 15% Software Discount per NYS Contract
Standard Consulting Days
Standard Training Days

$
S
S
S

10,000
(1,500)
1,100
950

2,500

MUNIS NY Delinquent Process Application
Less 15% Software Discount per NYS Contract
Standard Training Days

$
$
$

4.000
(600)
950

1.000

Data Conversion Options:
RE &amp; PP Master, CID, Bills (Header. Detail), Payment
History, Special Conditions
Tax Sale/Lien

$

9,000

$

9.000

$

3.360

$

3.360

$

37,410

6
1
3
1
1

Services will not be billed until they are incurred.
Service prices do not include travel expenses.
My signature authorizes MUNIS to provide products and services as described above.

Signature

&gt;tai M
Total
ice^H
Price

Annual
Maint

Date

5
$
$

11,000
1,100
5,700

4,400
2.850

I

�I

MRY-B9-2033

10:08

207 781 2260

MUNIS

P.03/06

&amp;

MUNIS
A TYlf e tICHNOlOCtES COMf ANV

MUNIS Quote
TO:
FROM:
DATE:
RE:

I

Abe Zambrano, Village of Sleepy Hollow
Karen Grosset, Acct Rep, e x t 4222
24-Mar-03
MUNIS Crystal, Office Quotes

TEL: 914 366-5100
FAX: 914 332-7074
Quote Expires: 120 Days
Unit
Price

Description

Annual
Maint

MUNIS Crystal Reports Application
Less 20% Software Discount per Offering
Standard Training Days
Consists of one day of Installation and one day of Training

$
S
$

3,500 S
(700)
950

875

MUNIS Office Application
Less 20% Software Discount per Offering
Standard Training Days

$
$
$

2,500
" (500)
950

450

Total
Price

3.675
1.900

2,450
950

8,875

Services will not be billed until they are incurred.
Service prices do not include travel expanses.
My signature authorizes MUNIS to provide products and services as described above.
Signature

Date

I
„^Zi*jatafi31i3&amp;&amp;r*ZlSi!StA-',*&amp;m

�143

n.qY-89-2033

10:08

MUNIS

207 7 8 1 2260

P.04/06

I

&amp;

MUNIS
A TYlf R TECHNOIOGSS COM-'AfflT

MUNIS Quote
TO: Abe Zambrano, Village of Sleepy Hollow
FROM: Karen Grosset, Acct Rep, ext 4222
DATE: 24-Mar-03
RE: MUNIS Permits
Description
1
1
6

MUNIS Permits and Code Enforcement Module
Less 15% Software Discount per NYS Contract
Standard Consulting Pays
Standard Training Days

TEL: 914366-5100
FAX: 914 332-7074
Quote Expires: 120 Days

Unit
Price

Annual

S 12.000 $
$ (1,800)
$
1,100
$ .
950

Services will not be billed until they are incurred.
Service prices do not include travel expenses.
My signature authorizes MUNIS to provide products and services as described above.

Total
Price

Maint
2.400
$
$
$

12,600
1,100
5,700

i

19,400 1

�140

I

mY-09-2033

10=08

MUNIS

207 781 2260

P.05/06

MUNIS
A TYLES TECHNQIOOBS C O W A N Y

MUNIS Quote
TO: Abe Zambrano, Village of Sleepy Hollow
FROM: Karen Grosset, Acct Rep, e x t 4222
DATE: 24-Mar-03
RE: MUNIS Accounts Receivable Quotes

I

TEL: 914 366-5100
FAX: 914 332-7074
Quote Expires: 120 Days

Unit
Price

Description
MUNIS Genera! Billing Application
Less 15% Software Discount per NYS Contract
Standard Training Days

$
5
$

Data Conversion Options:
Customer Accounts (CID's)
Recurring Invoices (Header, Detail, GL, Comments)
Bills (Header, Detail), Payment History (H. D). Invoices (H, D)

$
$
$

1,500
(225)
950
840
- 1,680
3,360

Annual
Maint

Total
Price

270
1,545
950
$
$
$

840
1.680
3,360

8,375
Services will not be billed until they are incurred.
Service prices do not include travel expenses.
My signature authorizes MUNIS to provide products and services as described above

�150

iiilj I I M i l

-

Meeting D a t e : 05/27/03
Resolution #:
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f?'«"jl it -':&gt;r- ?: .-"'Vii» •&gt; «v-V_ :

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* "

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" ' *

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* ^

05/108/03

BOND RESOLUTION, DATED MAY
. 2003, AUTHORIZING THE
ISSUANCE OF UP TO $490,000 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 PUBLIC PURPOSES 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 (1) recodification of Village
laws ($26,000), (2) the acquisition of police vehicles ($62,000), (3) the preparation of a storm water
management stud}' ($26,000), (4) the acquisition and installation of telephone equipment

I

($133,000), (5) the acquisition and installation of an HVAC system for the municipal building
($38,000), (6) the acquisition of computer equipment for financial management and accounting
($15,000), (7) the acquisition of Village vehicles ($56,000), (8) the acquisition, construction and
reconstruction of parks and recreation facilities ($15,000), (10) the acquisition of a fire-fighting
vehicle and apparatus ($83,000) and (11) the construction and reconstruction of improvements to
buildings ($36,000) and other preliminary and incidental costs, in and for the Village, at a total cost
not to exceed $490,000, 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 $490,000, pursuant to the Local Finance Law, in order to

I

finance costs of the specific objects or purposes hereinafter described.
Section 2.

The specific objects or purposes or class of objects or purposes to be

financed pursuant to this bond resolution, the respective estimated maximum cost of each item of

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such specific objects or puiposes 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 recodification of Village laws, together with applicable incidental and preliminary
costs in connection therewith, at an estimated maximum cost of $26,000 for which $26,000
H

principal amount of serial bonds are authorized herein and appropriated therefore, having a period

^

of probable usefulness of three (3) years pursuant to subdivision 72 of paragraph a of Section 11.00
of the Local Finance Law. Such serial bonds shall have a maximum maturity of three (3) 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 acquisition of police vehicles, together with applicable incidental and preliminary
costs in connection therewith, at an estimated maximum cost of $62,000 for which $62,000
principal amount of serial bonds are authorized herein and appropriated therefore, having a period
of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00
of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years

I

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 preparation of a storm water management study, together with applicable incidental
and preliminary costs in connection therewith, at an estimated maximum cost of $26,000 for which
$26,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a
period of probable usefulness of five (5) years pursuant to subdivision 48 of paragraph a of Section
2

�1 :." •"&gt;

11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years
computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of
the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
(d) The acquisition and installation of telephone equipment, together with applicable
incidental and preliminary costs in connection therewith, at an estimated maximum cost of
$133,000 for which $133,000 principal amount of serial bonds are authorized herein and
appropriated therefore, having a period of probable usefulness of five (5) years pursuant to
subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall
have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first
issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation
of the issuance of such serial bonds.
(e) The acquisition and installation of an HVAC system for the municipal building, together
with applicable incidental and preliminary costs in connection therewith, at an estimated maximum
cost of $38,000 for which $38,000 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 is defined in subdivision 11 of paragraph a of Section 11.00 of
the Local Finance Law). Such serial bonds shall have a maximum maturity of five (5) years
computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of
the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
(f) The acquisition of computer equipment for financial management and accounting,
together with applicable incidental and preliminary costs in connection therewith, at an estimated
maximum cost of $15,000 for which $15,000 principal amount of serial bonds are authorized herein
3

�and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to
subdivision 81(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds
shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first
issue of such serial bonds or (b) by the date of the first bond anticipation notes issued in anticipation
of the issuance of such serial bonds.

.

(g) The acquisition of Village vehicles, together with applicable incidental and preliminary
costs in connection therewith, at an estimated maximum cost of $56,000 for which $56,000
principal amount of serial bonds are authorized herein and appropriated therefore, having a period
of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00
of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years
computed from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of
the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.'
(h) The acquisition, construction and reconstruction of parks and recreation facilities,
together with applicable incidental and preliminary costs in connection therewith, at an estimated
maximum cost of $15,000 for which $15,000 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 five (5) 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.
(i) The acquisition of a fire-fighting vehicle and apparatus," together with applicable
incidental and preliminary costs in connection therewith, at an estimated maximum cost of $83,000
for which $83,000 principal amount of serial bonds are authorized herein and appropriated
4

�154

therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 27 of
paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum
maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial
bonds or (b) by the date of the first bond anticipation notes issued in anticipation of the issuance of
such serial bonds.
(j) The construction and reconstruction of improvements to buildings, together with
applicable incidental and preliminary costs in connection therewith, at an estimated maximum cost
of $36,000 for which $36,000 principal amount of serial bonds are authorized herein and
appropriated therefore, having a period of probable usefulness of twenty-five (25) years pursuant to
subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, such buildings
being of "Class A" construction (as that term is defined in subdivision 11 of paragraph a of the
Local Finance Law). Such serial bonds shall have a maximum maturity of five (5) years computed
from the earlier of (a) the date of the first issue of such serial bonds or (b) by the date of the first
bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 3.

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
5

�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.
Section 4.

" """

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 5.

When this Resolution takes effect, the Clerk of the Village shall cause the

same or a summary of the same to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a
general circulation in the Village. The validity of the serial bonds authorized by this 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

I

the State.
Section 6.

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
6

�ti&amp;'G

(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 7.

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 ox
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
7

�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 8.

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 niinimum 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
8

�153

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
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 9.

Moved:

This Resolution will take effect immediately upon its adoption.

Trustee Stever

Motfed: Trustee Spota

9

Vote:

7-0

�Meeting Date:

05/27/03

Resolution #:' 05/109/03

BOND RESOLUTION, DATED MAY
_, 2003, AUTHORIZING THE
ISSUANCE OF UP TO $408,000 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 PUBLIC PURPOSES, INCLUDING (I) THE ACQUISITION OF
COMPUTER EQUIPMENT FOR FINANCIAL MANAGEMENT AND
ACCOUNTING, (II) THE ACQUISITION OF FIRE-FIGHTING
APPARATUS, OH) THE ACQUISITION OF TRAFFIC SIGNS AND
SUPPORTS AND (IV) THE RECONSTRUCTION OF IMPROVEMENTS
TO FREEMONT POND, 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 (1) the acquisition of
computer equipment for financial management and accounting ($183,000), (2) the acquisition of
fire-fighting apparatus ($31,000), (3) the acquisition of traffic signs and supports ($51,000) and (4)
the reconstruction of improvements to Freemont Pond ($143,000) and other preliminary and
incidental costs, in and for the Village, at a total cost not to exceed $408,000, 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 $408,000, pursuant to the Local Finance Law, in order to
finance costs of the specific objects or purposes hereinafter describedSection 2:

The specific objects or purposes or class of objects or purposes to be

financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated
maximum cost of 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

�ISO

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 acquisition of computer equipment for financial management and accounting,
together with applicable incidental and preliminary costs in connection therewith, at an estimated
maximum cost of $183,000 for which $183,000 principal amount of serial bonds are authorized
herein and appropriated therefore, having a period of probable usefulness often (10) years pursuant
to subdivision 81(a) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds
shall have a maximum maturity of 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 acquisition of fire-fighting apparatus, together with applicable incidental and
preliminary costs in connection therewith, at an estimated maximum cost of $31,000 for which
$31,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a
period of probable usefulness often (10) years pursuant to subdivision 27 of paragraph a of Section
11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of 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 traffic signs and supports, together with applicable incidental and
preliminary costs in connection therewith, at an estimated maximum cost of $51,000 for which
$51,000 principal amount of serial bonds are authorized herein and appropriated therefore, having a
period of probable usefulness of ten (10) years pursuant to subdivision 72(b) of paragraph a of
Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten
2

�16

(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.
(d) Reconstruction of improvements to Freemont Pond, together with applicable incidental
and preliminary costs in connection therewith, at an estimated maximum cost of $143,000 for which
$143,000 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
11.00 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 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 classes of objects, or purposes or specific objects or
purposes listed in Section 2 above is $408,000; (b) no money has heretofore been authorized to be
applied to the payment of the costs of the Project, except for $1,250,000 in Village funds; (c) the
Board of Trustees of the Village plans to finance the costs of the Project from the $408,000
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
3

�162

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.
. 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 Clerk of the Village shall cause the

same or a summary of the same to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a
general circulation in the Village. The validity of the serial bonds authorized by this 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 ox
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.
4

�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
fR

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.

. 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

I

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 Cleric, which
shall constitute the continuing disclosure agreement made by the Village for the benefit of holders
5

�1

•'*•

f

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 btherqualified 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 9.

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"),
6

�(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

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 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 Stever

Seconded:

Trustee Grala

7

Vote:

7-0

�1G6

Meeting Date: 05/27/03
Resolution #: 05/110/03

BOND RESOLUTION, DATED MAY
_, 2003, AUTHORIZING THE
ISSUANCE OF UP TO $686,000 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 PUBLIC PURPOSES INCLUDING (I) THE CONSTRUCTION'
AND RECONSTRUCTION OF IMPROVEMENTS TO STREETS,
SIDEWALKS AND CURBS, (H) THE ACQUISITION OF MACHINERY
AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE AND
(HI) THE CONSTRUCTION, RECONSTRUCTION AND ACQUISITION
OF IMPROVEMENTS TO PARK AND RECREATION FACILITIES, 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 (1) the construction and
reconstruction of improvements to streets, sidewalks and curbs ($217,000), (2) the acquisition of
machinery and apparatus for construction and maintenance ($108,000) and (3) the construction,reconstruction and acquisition of improvements to parks and recreation facilities ($361,000), and
other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $686,000,
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 $686,000, pursuant to the Local Finance Law, in order to
finance costs of the specific objects or purposes hereinafter described.
Section 2.

The specific objects or purposes or class of objects or purposes to be

financed pursuant to this bond resolution, 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 construction and reconstruction of improvements to streets, sidewalks and curbs in
the Village, together with applicable incidental and preliminary costs in connection therewith, at an
estimated maximum cost of $217,000 for which $217,000 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
issuedin anticipation of the issuance of such serial bonds. (b) The acquisition of machinery and apparatus for construction and maintenance, including
(a) a backhoe and (b) two (2) one-ton DPW trucks, together with applicable incidental and
preliminary costs in connection therewith, at an estimated maximum cost of $108,000 for which
$108,000 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 thefirstbond anticipation notes issued in anticipation of the issuance of such" serial
bonds.
(c) The construction, reconstruction and acquisition of improvements to parks and recreation
areas, together with applicable incidental and preliminary costs in connection therewith, at an
2

�1GS

estimated maximum cost of $361,000 for which $361,000 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 11.00 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 classes of objects or purposes or specific objects or
purposes listed in Section 2 above is $686,000; (b) no money has heretofore been authorized to be
applied to the payment of the costs of the Project, except $50,000 in Village funds; (c) the Board of
Trustees of the Village plans to finance the costs of the Project from the $686,000 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
3

�1G'9

I
. 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.
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
flj
•

pursuant to this Resolution as the same shall become due.
Section 6.

When this Resolution takes effect, the Clerk of the Village shall cause the

same or a summary of the same to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a
general circulation in the Village. The validity of the serial bonds authorized by this 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

I

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
4

�1»o

Federal laws and regulations in connection with environmental quality review relating to the Project
(collectively, the "environmental compliance proceedings"),

hi 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.

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
5

�framed, 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 9.

-

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
6

�1 «-v r&gt;

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
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 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 Cleric

Moved:

Trustee Stever

Seconded: Trustee Zieja

7

Vote:

7-0

�V
»" » '.

Meeting D a t e :
Resolution #:

y t

05/22/03
05/111/01

- O
•-

BOND RESOLUTION, DATED MAY
_, 2003, AUTHORIZING THE ISSUANCE
OF UP TO $216,000 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 CONSTRUCTION,
RECONSTRUCTION AND ACQUISITION OF IMPROVEMENTS TO
BUILDINGS IN AND FOR THE VTLLAGE.
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 construction,

I

reconstruction and acquisition of improvements to buildings, in and for the Village, together with
other preliminary and incidental costs, in and for the Village, at a total cost not to exceed $216,000,
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 $216,000, pursuant to the Local Finance Law, in order to
finance costs of the specific object or purpose hereinafter describedSection 2. The specific object or purpose to be financed by the issuance of such serial
bonds is construction, reconstruction and acquisition of improvements to buildings, such
buildings being of "Class A" construction (as that term is defined in subdivision 11 of paragraph
•

a of Section 11.00 of the Local Finance Law), in and 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 $216,000; (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 $216,000 proceeds of the serial

�174

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 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law and
that the period of probable usefulness of the Project is twenty-five (25) years, such buildings
being of "Class A" construction (as that term is defined in subdivision 11 of paragraph a of
Section 11.00 of the Local Finance Law). The serial bonds authorized herein shall have a
maximum maturity of twenty-five (25) 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 the
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
autfienticated by the facsimile signature of the Village Treasurer.
2

�I
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 or a summary of the same to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a
general circulation in the Village. The validity of the serial bonds authorized by this Resolution and

I

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
H

Federal laws and regulations in connection with environmental quality review relating to the Project
(collectively, the "environmental compliance proceedings").

In die 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

�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. Li 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,
4

�1 I

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

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
5

�I «^

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 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 Stever

Seconded:

Trustee DiFelice

6

Vote:

7-0

�Meeting Date:
Resolution #:

05/27/03
05/112/03

BOND RESOLUTION, DATED MAY ___, 2003, AUTHORIZING THE
ISSUANCE OF UP TO $597,000 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 RECONSTRUCTIOxN OF
IMPROVEMENTS TO (I) THE SEWER SYSTEM AND (II) THE WATER
SYSTEM, 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 the acquisition, construction
H

and reconstruction of improvements to (i) the sewer system ($313,000) and (ii) the water system
($284,000), and other preliminary and incidental costs, in and for the Village, at a total cost not to
exceed $597,000, 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 $597,000, pursuant to the Local Finance Law, in order to
finance costs of the specific objects or purposes hereinafter described.
Section 2.

The specific objects or purposes or class of objects or purposes to be

financed pursuant to this bond resolution (collectively, the "Project"), the respective estimated

I

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:

�130

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(a) The acquisition, construction and reconstruction of improvements to the sewer system,
together with applicable incidental and preliminary costs in connection therewith, at an estimated
maximum cost of $313,000 for which $313,000 principal amount of serial bonds are authorized
herein and appropriated therefore, having a period of probable usefulness of thirty (30) years
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. 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) by the date of the first bond anticipation notes issued in .
anticipation of the issuance of such serial bonds.
(b) The acquisition, construction and reconstruction of improvements to the water system,

I

together with applicable incidental and preliminary costs in connection therewith, at an estimated
maximum cost of $284,000 for which $284,000 principal amount of serial bonds are authorized
herein and appropriated therefore, having a period of probable usefulness of thirty (30) years
pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law. 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) 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 classes of objects or purposes or specific objects or
purposes listed in Section 2 above is $597,000; (b) no money has heretofore been authorized to be
applied to the payment of the costs of the Project; and (c) 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
2

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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.
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 Clerk of the Village shall cause the

same or a summary of the same to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having a
general circulation in the Village. The validity of the serial bonds authorized by this Resolution and
H

of bond anticipation notes issued in anticipation of the sale of such serial bonds may bd 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
3

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I
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

I

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.

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
4

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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

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 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.

•
H

Section 9.

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
5

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�134

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 su.ch 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
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 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 Stever

Seconded:

Trustee Spota

6

Vote: 7-0'

�185

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Meeting Date:
Resolution #:

i

05/27/03
05/113/03

Be it Resolved that the Board of Trustees of the Village of Sleepy Hollow hereby rejects
the FEIS tendered by Ginsburg Development Corp. for the proposed Ichabod's Landing
development due to the inadequate presentation and evaluation of alternative site
layouts and design/ inadequate evaluation of alternate approaches providing public
open space, and failure to adequately evaluate integration of the site plan with the
adjacent proposed development.
Moved: Trustee Stever; Seconded: Trustee Spota; Vote: 6-0

�186

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Meeting Date:
Resolution #:

05/27/03
05/114/03

Be it Resolved that the Board of Trustees does hereby approve the below annual salary
increases for senior management not subject to negotiated union wage increases:

DwightH. Douglas, Village Administrator Joseph DeFeo, Superintendent of Public Works -

$92,500 to $98,500
$90,000 to $97,000

Said new salaries effective January 1,2003 for the calendar year 2003
Jimmy Warren, Police Chief -

$94,000 to $97,290

Said new salary increase, effective June 1,2002 for the fiscal year 20022003, shall be considered in Keu of any salary award or adjustment resulting from
interest negotiation or arbitration for the same period of time as provided for
under any terms or conditions of New York State law or statute.
Jimmy Warren, Police Chief-

I

$97,290 to $100,452

Said new salary effective June 1,2003 for the fiscal year 2003-2004

Be it Further Resolved that the Board of Trustees does hereby authorize an extension of
the employment agreement by and between the Village of Sleepy Hollow and Joseph
DeFeo from its current expiration date of February 12,2005 to February 12,2006 under
the same terms and conditions as contained therein.

Moved by Trustee DiFelice

^

, Seconded by Trustee Spota

s,K~B^L*±,^.a_^

Vote 6-0

I

�187

I
Meeting Date:
Resolution #:

05/27/03
05/115/03

Be It Resolved that the Board of Trustees of the Village of Sleepy Hollow hereby ratifies

i

the appointment of Robert J. Ponzini as Village Attorney effective June 2, 2003. Said
appointment is subject to successful negotiation of a retainer agreement to be prepared
by Trustee Stever and Village Administrator Dwight Douglas for signature by Mayor
Zegarelli.
Moved: Trustee DiFelice; Seconded: Trustee Grala; Vote: 6-0

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