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i
A regular meeting of the Board of Trustees was held on Tuesday, May 25, 2004 at 8
pin in Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York.
Present: [Mayor Philip Zegarelli
Mario DiFeliee
Richard Spota
James Hart
Richard Zieja
Kay Brown Grala
Andrew Murray
Also Present:

Trustees

Abraham Zambrano, Village Treasurer
Dwight Douglas, Village Administrator

Mayor Zegarelli called the meeting to order with a prayer and pledge to the flag.

i

Trustee DiFeliee moved, seconded by Trustee Murray to come out of executive
session where discussion took place on pending litigation, but no formal action was
taken, motion carried.
He asked that everybody remain standing for a moment of silence for Rev. Father
Fiore w ho passed away recently in Italy after being a priest at the Immaculate
Conception Church in Sleepy Hollow and Chief Warren's grandfather Steve
Mathews who also passed away recently.
Trustee Hart moved, seconded by Trustee Zieja to adjust the agenda, carried.
Mayor Zegarelli commented that Steve Kahn, Lt. of the Ambulance Corp. and his
wife Carol are moving to South Carolina. He commented that the village is very
grateful for all the time he has given to the Ambulance Corp. and presented him
with a Certificate of Appreciation and a Sole Effigy of the Village of Sleepy Hollow.
Steve Kahn thanked everyone for their kindness.
Approval of Minutes
Trustee DiFeliee moved, seconded by Trustee Spota to approve the minutes of the
April 20, 2004 Organization meeting, motion carried unanimously.

i

Trustee Spota moved, seconded by Trustee Hart to approve the minutes of April 20,
2004, Budget Hearing, motion carried unanimously.
Trustee Hart moved, seconded by Trustee Grala to approve the minutes of April 27,
2004, motion carried.
Trustee Grala moved, seconded by Trustee Zieja to approve the minutes of May 11,
2004, motion carried unanimously.

i=aas.r*j dtt-jpasWiss**

�100

Public Hearings

Trustee Zieja read the attached public hearing notice regarding zoning ordinance
amendments.
Dave Smith summarized the proposed zoning ordinance amendments and
commented that he is in the process of working on the revisions.
There were no comments from the public. Trustee DiFelice moved, seconded by .
Trustee Spota to adjourn the public hearing to accommodate comments for the next
thirty (30) days, motion carried.
Trustee Murray read the next public hearing notice regarding the review of the
storm water management program.
Village Administrator, Dwight Douglas, gave a brief summary on the proposal.
There were no comments from the public. Trustee Murray moved to close the
public hearing, seconded by Trustee DiFelice and carried.
Approval of Warrants
Trustee Hart moved, seconded by Trustee Grala to approve the warrant of May 25,
20004 and authorize the Treasurer to pay the bills, subject to review, approval and
signature of the Mayor and Village Treasurer, motion carried unanimously. Total
of the General Fund is $255,374.90, total of the Water Fund is S2522.80, total of the
Capital fund is SI 13,433.05 and the Parking Authority total is $547.61.
Mayor's Announcements
Mayor Zegarelli commented that Route 9 paving is in the process of being done.
He thanked Assemblyman Brodsky and Spano for all their help in getting the state
to finally do this.
The Mayor commented that we are very fortunate that our Public Works
Department does our own paving of roads in the Village of Sleepy Hollow.
The Mayor commented that the New York City Water Board announced that they
will be increasing water charges from S542.36 per million gallons to S591.21 per
million gallons.
Mayor Zegarelli announced that the Westchester County Municipal Planning
Federation will hold a Linkage Study dinner on July 1 st at the Mt. Kisco Country
Club.
Public Comments
John Edwards asked the board to consider re-instating the name Quinn Street at
the Lighthouse Landing and he also asked about the status of the zip code change.
The Mayor commented that we can refer the street name suggestion to the Street
Naming Committee and we have not forgotten about the zip code change.
2

�101

I
Don Caetano commented on the proposed new business to open at the old Meinekee
Muffler place at the corner of Lawrence and Broadway. There was a moratorium

in 1993 regarding same use of property after one year.
Frank Rey, Captain of the Auxiliary Police, commented that the Auxiliary Police
was re-instated about five years ago but nothing is happening. We need re-direction
and our function needs to be reviewed. There are many things we could do to help
the village, such as be present in court, direct traffic, help at the parks, etc.
The Mayor commented that he will set up a meeting with Mr. Rey and Trustee
Spota and then he will meet with Police Chief separately.
Trustee's Reports
Trustee DiFelice read the attached Public Works Report.
Trustee Spota reported that the Public Safety Committee met on Monday.

I

Sgt. Camp and Officers Bueti and D'Alessandro completed the Breath Analysis ReCertification Course.
Chief Jimmy Warren completed the course on labor agreement negotiations.
A letter was received from the Westchester County Commission on Law
Enforcement thanking Chief Warren for attending the Memorial Day Services
and Chief Warren commented that Officer Lombardi carried the United States flag
that day.
A letter was received thanking Lt. Campbell for his work on the Child ID service
program.
Trustees Hart, Zieja and Murray had no report.
Trustee Grala reported that we have received 250 cable surveys and we are in the
process of analyzing them.
The Cable Consortium will be hiring a consultant to help us.
She thanked Sunny McLean for her help.

I

Trustee Grala commented that the Library Board has had made budget cuts.
She thanked Joe DeFeo for offering to help with fixing the steps at the Warner
Library.
Mayor's Report
The Mayor received a memo from Sean McCarthy stating that he has given
permission to Kendal to do additional work on Saturdays.
A letter was sent to W.H. Mouiton regarding the Risk Control Survey.

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�102

We have received turn off notices from Con Ed for 145 Cortlandt Street, 72
Beeknian Avenue and 7 Hudson Street.
There have been a series of emergency shut downs at Phelps Memorial Hospital
recently.
The Mayor responded to a letter received from Michael Lapicki regarding police
negotiations.
The Mayor sent letters to several people thanking them for their contributions to
the scholarship fund for needy families wanting to send children to day camp.
We received a letter from Mr. Sutherland regarding the budget cut for TNT
baseball.
We will be moving the memorial plaque for Cathy Chulla to a better area at Devries
Park.
The Mayor was in receipt of letters from Mrs. Esteves and Mrs. Mathison regarding
the new project being built behind their homes.
The Mayor was in receipt of a letter from a resident regarding dogs biting people.
The Mayor said he would speak to the Police Chief.
Administrator's Report
Dwight Douglas reported that with regard to Kingsland Point Park, the Count)' will
be holding a pre-construction meeting this Wednesday.
Dwight Douglas reported that Sean McCarthy has almost completed the
preliminary drawings for the playground equipment for Kingsland Point Park.
We will be receiving $600,000.00 funding for Barnhart Park from the County and
State offices.
Resolutions-Attached
Public Comments
A resident of 1 Riverside Drive complained about being harassed by the Police
Department when she complained about the Police Department not doing anything
to help her when there was a robbery at her home and her son was being harassed
by another local boy.
The Mayor commented that we will look into the matter.
There being no further comments, Trustee DiFelice moved, seconded by Trustee
Murray to adjourn the meeting, motion carried.
Respectfully submitted,
Angela Everett-Village Clerk

^V^L£CL^

�103

i

PH-'
VHtooe of Sleepy HoHow
Notice of Public Hearing

I

Please take notice, that the Board of Trustees of the ViHage of Sleepy Hollow wHI hold a
Public Hearing on Tuesday, May 25,2004, at 8:00 P.M. In ViHage HaH, 28 Beekman
Avenue, Sleepy HoHow, New York to consider proposed text amendments to the Village
Code including revisions to Chapter 6-1 Architectural Review Board, Chapter 62-1 Artide
I B Zoning, Chapter 62-28 Article Vm - Site Plan Review, Part IV of the Village Code
Appendices - Subdivision Regulations, Chapter 62 Table 62-9.D-1 and selected revisions
to Chapter 62 suggested by the General Code (together the "Code Revisions").
A copy of the proposed code revisions is available upon request at trie Office of the
Village Oerk.
All people are entitled to attend and be heard at this Pubfic Hearing.
By Order of the Board of Trustees
of the ViHage of Sleepy Hollow
Angela Everett, Village Oerk
Dated: May _£_, 2004

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Notice of Public Hearing
Village of Sleepy Hollow
A Public Hearing on the Annual Report for the Village's Adopted
Stormwater Management Plan will be held by the Board of Trustees on
Tuesday, May 25th, 2004 at 8:00 p.m. in Village Hall, 28 Beekman Avenue,
Sleepy Hollow, New York.
All interested and concerned citizens are invited to attend said hearing and
be heard.
The Public Hearing is accessible to the handicapped.

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By Order of the Board of Trustees
Angela Everett, Village Clerk
Dated: Af&lt;xy P ^&lt;a o ^

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PUBLIC WORKS REPORT
MAY 24, 2004

NOTE!!!!!?!
MONDAY, MAY 3 1 s ' IS A LEGAL HOLIDAY VILLAGE OFFICES WILL BE
CLOSED. MONDAY'S GARBAGE WILL BE PICKED UP ON TUESDAY,
TUESDAY'S GARBAGE WILL BE PICKED UP ON WEDNESAY, ALONG
WITH RECYCLING!!!!! THURSDAY AND FRIDAY'S S PICKUP REMAINS
THE SAME!!!!!
Paving work lias begun. Our portion of County House Road was completed today.
The other streets to be paved are Cedar Street, Pine Street, Tappan Avenue and N.
Washington Street near the bank.
We are completing the left over sidewalk program requests from previous years.
Water meter reading has been completed.
Tree trimming/removal is ongoing.

�1*38

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Meeting Date:

05/25/04

Resolution

#=x

05/82/04

Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of the following
people (see list below) as a seasonal employees in the Sleepy Hollow Community Outreach Program
(SHCOP) of the Police Department effective May 10,2004 through September 11,2004 at the
following hourly rates.

ERNEST WASHINGTON
CHIDIEBERE ANUFORO
FRANKLIN MILLER
JOSEPH INFANTE
NICKY CUEVES
JAMES WARREN
MARCUS ATTAWAY
ARTHUR REEVES
CAROLINE MEJIAS
SILVA COPAS
THERESA CONNOLLY
JOHNLAFARO
LOUISE SHARROCK

126 VALLEY ST, SH
6C FRANKLIN CT. TT
126 VALLEY ST, SH
66 COLLEGE AVE, SH
84 BEEKMAN AVE, SH
66 COLLEGE AVE, SH
126 VALLEY ST, SH
100 COLLEGE, SH
144 BEEKMAN AV, SH
176 N WASHINGTON, SH
22WILDEY ST, TARRYTOWN
29PINECL.SH
79 COLLEGE AVE, SH

$10.00
$10.00
$10.00
$10.00
$12.00
$15.00
$10.00
$11.00
$11.00
$11.50
$12.75
$12.50
$11.00

I

Note: Not all of the above fisted people have started working, most of them will start in late June, and
will finish the first weekend in September.

Moved: Trustee Hart

Seconded:

Trustee Grala

Vote: Unanimous

I

�1G9

i
Meeting Date: 05/25/04
Resolution*: 05/83/04
Resolution of the Board of Trustees of the Village of Sleepy Hollow
Setting Summer Meeting Dates
2004

i

Be it resolved that the Board of Trustees of the Village of Sleepy Hollow hereby sets the
following Summer Meeting Dates for 2004:
Tuesday, June 15, Work Session
Tuesday, June 22, Regular Session
Tuesday, July 13, Work Session
Tuesday, July 20, Regular Session
Tuesday, August 10, Work Session
Tuesday, August 17, Regular Session
Tuesday, September 14, Work Session
Tuesday, September 21, Regular Session

Moved: Trustee

DiFelicc

; Seconded: TrusteeSpota

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vote: Unanimous

�U6

Meeting Date: 05/25/04

Resolution #: 05/ 8 704

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Approving Payment of Carryover Vacation Pay
WHEREAS, the Mayor and Board of Trustees have received requests from a number of
personnel to carryover accrued vacation leave or to be paid out for some portion of said leave
through payroll.
Now, Therefore, Be It Resolved that the vacation carryover request of thirteen (13) days
submitted by Dwight Douglas is herein approved; and
Be it Further Resolved that the requests submitted by Angela Everett, Joseph DeFeo and
Richard Gross to receive cash payment for twenty (20) accrued vacation days are hereby
approved.
Moved: Trustee

Spota

Seconded: Trustee

Vote: Unanimous

�\i

Meeting Date: May 25, 2004
Resolution #:
05/85/04

Resolution of the Board of Trustees of the Village of Sleepy Hollow
To Adopt an Investment Policy
Whereas, General Municipal Law requires the governing body of every
municipality to adopt an investment policy, and
Whereas, this investment policy applies to all moneys and other financial
resources available for investment on behalf of the Village of Sleepy Hollow, NY or on
behalf of any other entity controlled by the Village of Sleepy Hollow, and
Whereas, such investment policy is retroactively effective for fiscal year 20032004 and for fiscal year 2004-2005, and
Whereas, it is the recommendation of the Village Treasurer that this policy be
adopted for fiscal years 2003-2004 and 2004-2005, and reviewed on a yearly basis before
re-adoption, every year thereafter.
Now, Therefore, Be it resolved, that the Board of Trustees of the Village of
Sleepy Hollow hereby adopts the following investment policy which is intended to be
applied to all Village financial resources available for investment.

Moved:Trustee S p o t a

Seconded:Trustee G r a l a

Vote: Unanimous

�11

IrfV'EST'MTNrTOLICy
yiLLAQ'E Of SLTTTy tfOLLCfW
I.

SCOTT
This investment policy applies to all moneys and other financial resources

available for investment on behalf of the Village of Sleepy Hollow, NY, or on behalf
of any other entity controlled by the Village of Sleepy Hollow.

II.

OBWCirVTS

The primary objectives of the local government's investment activities are, in priority
order,
o

to conform with all applicable federal, state and other legal requirements (legal);

o

to adequately safeguard principal (safety);

D to provide sufficient liquidity to meet all operating requirements (liquidity); and
Q to obtain a reasonable rate of return (yield).

III.

'DTLTGAtfOM

OT

JA'UTMmiTV

The governing board's responsibility for administration of the investment program
is delegated to the Village Treasurer (chief fiscal officer), who shall establish written
procedures for the operation of the investment program consistent with these
investment guidelines. Such procedures shall include an adequate internal control
structure to provide a satisfactory level of accountability based on a data base or
records incorporating description and amounts of investments, transaction dates, and
other relevant information and regulate the activities of subordinate employees.

�/V.

TH11T&gt;TMCE

All participants in the investment process shall seek to act responsibility as custodians
of the public trust and shall avoid any transaction that might impair public confidence
in the Village of Sleepy Hollow, NY to govern effectively.
Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering
the safety of the principal as well as the probable income to be derived.
All participants involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial investment decisions.

y.

Ttiy'E'RSI'FICA.'rtON
It is the policy of the Village of Sleepy Hollow, NY to diversify its deposits and

investments by financial institution, by investment instrument, and by maturity
scheduling.

yi-

I^TTRIHSAL CONTROLS
It is the policy of the Village of Sleepy Hollow, NY for all moneys collected by any

officer or employee of the Village to transfer those funds to the Village Treasurer
within 5 days of receipt, or within the time period specified in law, whichever is
shorter.
The Village Treasurer is responsible for establishing and maintaining an internal
control structure to provide reasonable, bat not absolute, assurance that deposits and
investments are safeguarded against loss from unauthorized use or disposition, that
transactions are executed in accordance with management's authorization and
recorded properly, and are managed in compliance with applicable laws and
regulations.

�114

I
yiL

'DTSIGMA'ZtONOT 'DTTOSI'I'CXRl'ES
The banks and trust companies authorized for the deposit of monies up to the
maximum amounts are:

Depository Name
Sleepy I Iollow Bank
Wachovia (Former First Union Bank)
The Bank of New York
Hudson Valley Bank
Fleet Bank
Hudson United Bank
Union State Bank

yill.

Maximum Amount
10:000,000.00
10,000,000.00
10,000,000.00
10,000,000.00
10,000,000.00
10,000,000.00
10,000,000.00

CO££A'IfE'RA£IZIMG OT VTTOSlTS
In accordance with the provisions of General Municipal Law, §10, all deposits of

the village of Sleepy Hollow, NY, including certificates of deposit and special time
deposits, in excess of the amount insured under the provisions of the Federal
Deposit Insurance Act shall be secured:

1. By a pledge of "eligible securities" with an aggregate "market value" as
provided by GML §10, equal to the aggregate amount of deposits from the
categories designated in Appendix A to the policy.

2. By an eligible "irrevocable letter of credit" issued by a qualified bank other than
the bank with the deposits in favor of the government for a term not exceed 90
days with an aggregate value equal to 140% of the aggregate amount of deposits
and the agreed upon interest, if any. A qualified bank is one whose commercial
paper and other unsecured short-term debt obligations are rated in one of the
three highest rating categories by at least one nationally recognized statistical
rating organization or by a bank that is in compliance with applicable federal
minimum risk-based capital requirements.

I

�3. By an eligible surety bind payable to the government for an amount at least
equal to 100% of the aggregate amount of deposits and the agreed upon interest,
if any, executed by an insurance company authorized to do business in New
York State, whose claims - paying ability is rated in the highest rating category
by at least two nationally recognized statistical rating organizations.

IX.

SJATTXTTTIMG AMD

COLLAttRALlZWriON

Eligible securities used for t collateralizing deposits shall be held by the
depositary and/or a third party bank or trust company subject to security and
custodial agreements
The security agreement shall provide that eligible securities are being pledged to
secure local government deposits together with agreed upon interest, if any, and any
costs or expenses arising out of the collection of such deposits upon default. It shall
also provide the conditions under which the securities may be sold, presented for
payment, substituted or released and the events which will enable the local
government to exercise its rights against the pledged securities. In the event that the
securities are not registered or inscribed in the name of the local government, such
securities shall be delivered in a form suitable for transfer or with an assignment in
blank to the Village of Sleepy Hollow, NY or its custodial bank.
The custodial agreement shall provide that securities held by the bank or trust
company, or agent of and custodian for, the local government, will be kept separate
and apart from the general assets of the custodial bank or trust company and will
not, in any circumstances, be commingled with or become part of the backing fro
any other deposit or other liabilities. The agreement should also describe that the
custodian shall confirm the receipt, substitution or release of securities. The
agreement shall provide for the frequency of revaluation of eligible securities and
for the substitution of securities when a change in the rating of a security may cause
ineligibility. Such agreement shall include all provisions necessary to provide the
local government a perfected interest in the securities.

�116

I
X.

TTBJMJT'T'E'D

IMV'ESI'MEDWS

As authorized by General Municipal Law, §11. the Village of Sleepy Hollow, NY
authorizes the Village Treasurer to invest moneys not required for immediate
expenditure for terms not to exceed its projected cash flow needs in the following
types of investments:
Q Special time deposit accounts;

Q Certificates of deposit;

Q

Obligations of the United States of America;

a

Obligations guaranteed by agencies of the United States of America where

I

the payment of principal and interest are guaranteed by the United States of
America;

Q Obligations of the State of New York

Q Obligations issued pursuant to LFL §24.00 or 25.00 (with approval of the
State Comptroller by any municipality, school district corporation other
than the Village of Sleepy Hollow, NY;

Q Obligations of public authorities, public housing authorities, urban renewal
agencies and industrial development agencies where the general State
statutes governing such entities or whose specific enabling legislation
authorizes such investments.

a

Certificates of Participation (COPs) issued pursuant to GML §109-b.

Q Obligations of this local government, bat only with any moneys in a reserve
fund established pursuant to GML §§6-c, 6-d, 6-e, 6-g, 6-h, 6-j, 6-k, 6-1,6-m,
or 6-n.

I

�AH investment obligations shall be payable or redeemable at the option of
the Village of Sleepy Hollow, NY within such times as the proceeds will be
needed to meet expenditures for purposes for which the moneys were
provided and, in the case of obligations purchased with the proceeds of bonds
or notes, shall be payable or redeemable at the option of the Village of Sleepy
Hollow, NY within two years of the date of purchase.
XI.

JAIlTtfORIZT'D

TINAfMCISU.

IJ^STllMlJOO^S

AMD

'DXSM.'E'RS

The Village of Sleepy Hollow, NY shall maintain a list of financial institutions
and dealers approved for investment purposes and establish appropriate limits to the
amount of investments which can be made with each financial institution or dealer. All
financial institutions with which the local government conducts business must be credit
worthy. Banks shall provide their most recent Consolidated Report of Condition (Call
Report) at the request of the Village of Sleepy Hollow. Security dealers not affiliated
with a bank shall be required to be classified as reporting dealers affiliated with the
New York Federal Reserve Bank, as primary dealers. The Village Treasurer is
responsible for evaluating the financial position and maintaining a listing of proposed
depositaries, trading partners and custodians. Such listing shall be evaluated at least
annually.

XII.

VU'RCJtAS'E OT IJsTV'ES'nM'EWrs
The Village Treasurer is authorized to contact for the purchase of investments:
1. Directly, including through a repurchase agreement, from an authorized
trading partner.
2. By participation in a cooperative investment program with another
authorized governmental entity pursuant to Article 5G of the General
Municipal Law where such program meets all the requirements set forth in
the Office of the State Comptroller Opinion no. 88-46, and the specific
program has been authorized by the governing board.

�118

3.

By utilizing an ongoing investment p r o g r a m with an authorized t r a d i n g

partner pursuant to a contract authorized by the governing board.
AH purchased obligations, unless registered or inscribed in the name of the
local government, shall be purchased through, delivered to and held in the custody
of a bank or trust company. Such obligations shall be purchased, sold or presented
for redemption or payment by such bank or trust company only in accordance with
prior written authorization from the officer authorized to make the investment. All
such transactions shall be confirmed in writing to the Village of Sleepy Hollow, NY
by the bank or trust company. Any obligations held in the custody of a bank or
trust company shall be help pursuant to a written custodial agreement as described
in General Municipal Law, §10.

The custodial agreement shall provide that securities held by the bank or
trusts company, as agent of and custodian for, the local government, will be kept
separate and apart from the general assets of the custodial bank or trust company
and will not, in any circumstances, be commingled with or become part of the
backing for any other deposit or other liabilities. The agreement shall describe how
the custodian shall confirm the receipt and release of the securities. Such agreement
shall include all provisions necessary to provide the local government a perfected
interest in the securities.

XIII.

'R'E'PWRatiAS'E AG'R'E'EM'EJWS
Repurchase agreements are authorized subject to the following restrictions:
•

AH repurchase agreements must be entered into subject to a Master
Repurchase Agreement.

a

Trading partners are limited to banks or trust companies authorized to do
business in New York State and primary reporting dealers.

•

Obligations shall be limited to obligations of the United States of America
and obligations guaranteed by agencies of the United States of America.

•

No substitution of securities will be allowed.

•

T h e custodian shall be a party other than the trading partner.

�:; t . «

119

i
fOR

ltfV'ES'T'M'EMl''PO£ICy
TtfT VILLAS
Of S£TEP]J tfOLLCTW,

SCHTDUCE

i

i

of

TiigmrE

3*y

STCWRIUIS

(i)

Obligations issued or fully insured or guaranteed as to the payment of
principal and interest, by the United States of America, an agency thereof
or a United States government sponsored corporation.

(ii)

Obligations issued or fully guaranteed by the International Bank for
Reconstruction and Development, the Inter-American Development Bank,
the Asian Development Bank, and the African Development Bank.

(iii)

Obligations partially insured or guaranteed by any agency of the United
States of America, at a proportion of the Market Value of the obligation
that represents the amount of the insurance or guaranty.

(iv)

Obligations issued or fully insured or guaranteed by the State of New York,
obligations issued by a municipal corporation, school district or district
corporation of such State or obligations of any public benefit corporation
which under a specific State statute may be accepted as security for deposit
of public moneys.

(v)

Obligations issued by states (other than New York) of the United States
rated in one of the three highest rating categories by at least one nationally
recognized statistical rating organization.

(vi)

Obligations of Puerto Rico rated in one of the three highest rating
categories by at least one nationally recognized statistical rating
organization.

(vii)

Obligations of counties, cities and other governmental entities of a state
other than New York having the power to levy taxes that are backed by the
full faith and credit of such governmental entity and rated in one of the
three highest rating categories by at least one nationally recognized
statistical rating organization.

(viii)

Obligations of domestic corporations rated in one of the three highest
rating categories by at least one nationally recognized statistical rating
organization.

(is)

Any mortgage related securities, as defined in the Securities Exchange Act
of 1934, as amended, which may be purchased by banks under the
limitations established by bank regulator)7 agencies.

(x)

Commercial paper and bankers' acceptance issued by a bank, other than
the Bank, rated in the highest short term category by at least one nationally
recognized statistical rating organization and having maturities of not
longer than 60 days from the date they are pledged.

(xi)

Zero coupon obligations of the United States government marketed as
Treasury strips".

�120

Meeting Date: 05/25/04
Resolution #: 0 5 / 8 6 / 0 4
Be it resolved that the Board of Trustees does hereby confirm the Mayor's
appointment of Antonio Guzzo, 2 Ridge Street, Sleepy Hollow, New York as a
seasonal laborer in the Public Works Department effective May 17, 2004 through
the end of August 2004 at an hourly salary of $10.00.
Moved:Trustee

Seconded: Trustee

Zie

J

y0je.Unanimous

�I

Meeting Date:
Resolution #:

I

05/27/04
05/87/04

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Temporary Street Qosure
Palmer Avenue Block Party
WHEREAS, residents of Palmer Avenue haverequestedthat Palmer Avenue be dosed to
traffic between Bell wood Avenue and Munroe Avenue for a block party.
NOW, THEREFORE, BE IT RESOLVED that the Village Board herein authorizes said
section of Palmer Avenue to be dosed on Sunday, June 20, 2004, from 3:00 p.m. to
8:30 p.m. The rain date will be Sunday, June 27, 2004.

Moved: Trustee

DlFelice
:

seconded: Trustee M u r r a y

• Vote:

Unanimous

I

L ^'-4n?-T *-&amp;5r&amp;i?&gt;lJ'&amp;£k

�I
Meeting Date: 05/25/04
Resolution #: 0 5 ^ 0 4
Resolution of the Board of Trustees of the Village of Sleepy Hollow Regarding
Appointment of Jennifer Miles to
Board of Trustees of Warner Library
WHEREAS, Patricia Ramsey has resigned her position as Chairperson of the Board of
Trustees of the Warner Library on May 13, 2004 who was replaced by Carin
Rubenstein; and
WHEREAS, the Mayor has received a letter/dated May 19, 2004, from Carin Rubenstein
recommending the appointment of Jennifer Mites, currently serving on the Fundraising
Committee, to replace Patricia Ramsey.
NOW, THEREFORE, BE K RESOLVED, that Jennifer Mites is appointed to the Board of
Trustees of the Warner Library, effective immediately.

Moved: Trustee

s

Pota

Seconded: Trustee

Hart

Vote: Unanimous

�_--i

12

Date: May 25, 2004

Resolution:

05/89/04

Resolution of the Board of Trustees of the Village of Sleepy Hollow accepting
Insurance Policy Renewal for the year June 1, 2004 through May 31, 2005
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 and an extended
reporting period policy 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 S 406,980 for the policy period beginning June 1, 2004 through May 31, 2005.
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.

iMoved by:

Trustee
sraia

lT.us.tee

Seconded by: Z i e j a

, Vote: Unanimous

�124

I
Meeting Date: 05/25/04
Resolution #: 0 5 / 9 0 / 0 4

Resolution of the Board of Trustees of the Village of Sleepy Hollow
Authorizing Payment in Lieu of Health Benefits

BE I T RESOLVED, that the Village Board authorizes the payment in lieu of health
benefits for the fiscal year 2004/2005 as follows:
Paul Hood
Genette Toone
Jimmy warren
Larry Cassidy
James Margotta
Sonia Santiago

Moved: T r u s t e e D i F e l i c e

$4,924.92
$2,400.00
$4,924.92
$4,000.00
$1,200.00
$3,693.72

SecondedITVIISI-^ s p n f 3

I
'VoteMinaninniic

I
^wi^-'v,^

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STATE OF NEW YORK

)
)SS.
COUNTY OF WESTCHESTER)

AFFIDAVIT OF SERVICE BY UPS

Kathleen Cook
, being duly sworn, deposes and says", I am not a party to the action, am
over 18 years of age and reside at 174 Jay Court, Cross River. NY 10518 . and am employed by
Saccardi &amp; Schiff, Inc.
That on or about the 12th day of May. 2004,1 served a true copy of the Public Hearing Notice
and Village of Sleepy Hollow Zoning Text and Code Amendments, upon:

I

Town of Mount Pleasant, Supervisor
Village of Tarrytown, Mayor
Town of Greenburgh, Supervisor
Westchester County Planning Board, Gerald Mulligan, Commissioner
by sending a true copy of same, enclosed properly in an addressed envelope, with UPS.

a^jL
Swom to before me this 25th
day of May 2004

J0YY.FRANK
NOTARY PUBLIC - STATE OF NEW YORK
NO.02FR6049096

U M fi WMcneiu tony
My ComfflMsh E**N KMO-3006

Notary Pubj/c

I

I I:\Forms New\Foims\affidavit of scrviccs\addidavit of service by UPS

�126

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1. 1Z 110 13E 13 4047 766 6
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May 13, 2004 10:56
VALHALLA, NY, US
JOHNSON
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2. 1Z 110 13E 13 4074 327 0
J 2 Detail

Delivered

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May 13, 2004 1:55
TARRYTOWN, NY,
BUZANSKJ
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3. 1Z 110 13E 13 4031 148 7
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Delivered

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May 13. 2004 12:36
WHITE PLAINS, NY,
PURVIS
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4. 1Z 110 13E 13 4089 829 2
1 3 Detail

Delivered

Delivered on:
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Signed by:
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May 13, 2004 10:28
WHITE PLAINS, NY,
BROWN
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https://w^^apps.ups.com/etrackingfarc^

05/25/2004

�PICKUP SUMMARY BARCODE REPORT
SHIP DATE: MAY 12, 2004
SHIPPING RECORD: 7920 1597 04
ACCOUNT NUMBER:
110-13E
CUSTOMER
SACCARDI &amp; SCHIFF, INC.
FLR4 STEA
445 HAMILTON AVE
AVE
WHITE PLAINS NY 10601-1807
91 110 13E 7920 15970 00004 1

DRIVER SUMMARY
TOTAL NUMBER OF PACKAGES = 4
1DA 4
2DA 0
3DS 0

INTL
CODS

pkgsO/shptsO
0

SHIPMENTS SUBJECT TO TERMS OF AGREEMENT ON FILE

Received By:
Pickup Time:

Pkgs:
UOW 5.0.37 W L M r M 130.0* OV2HM

�128

I

Saccardi &amp; Schiff, Inc.
DAILY SHIPMENT DETAIL REPORT
05/12/04 05:49 PM
Pickup Date: 05/12704
Pickup Record No.: 7920159 70 4

UPS Account No.: 11013
Sorted By:Order of SNpmn

Name/Address

Shipcpent Detail

Ship To: Hoa Robert F. Meeftan, Supervisor
Town of Mount Pleasant
1 Town Hall Plaza
Valhafia NY 10595-1319

Service Type:
Total Packages:
Hundredweight:
Billable Wt.:
Billing Option:
Package RefNo.1:

Ship From: Kathy Cook
Saccardi &amp; Schiff, Inc.
SUITE 404
445 HAMILTON AVE
White Plains NY 10601-1807

Options
UPS NEXT DAY AK SAVER Shipment Service Charge:
1
No
LTR
Prepaid
M-720.16

1Z11013E1340477666
Tracking No.;
UPS Letter
Package Type:
Package RefNo.1: M-720.16
Ship To: Paul Janos, Mayor
Village of Tarrytown
21 Wildey Street
TARRYTOWN NY 10591-3103
Ship From: Kathy Cook
Saccardi &amp; Schiff. Inc.
SUITE 404
445 HAMILTON AVE
White Plains NY 10601 -1807

Service Type:
Total Packages:
Hundredweight
Billable W t :
Billing Option:
Package RefNo.1 :

Service Type:
Total Packages:
Hundredweight
Billable W t :
Billing Option:
Package RefNo.1:

Package Service Charge:
Shipper Amt:
UPS Total Charge:

11.00

$
$
$

UPS NEXT 0AY Aft SAVER Shipment Service Charge:
1
No
LTR
Prepaid
M-720.16

1Z11013E1340743270
Tracking No.:
UPS Letter
Package Type:
Package RefNo.1: M-720.16
Ship To: Paul J. Feiner
Town of Greenburgh
TownHaH
177 Hillside Avenue
White Plains NY 10607-1409

Reference Rate
Charges

Package Service Charge:
Snipper Amt:
UPS Total Charge:

11.00
11.00
11.00
11.00

I
$
$
$

UPS NEXT DAY AR SAVER Shipment Service Charge:
1
No
LTR
Prepaid
M-720.16

11.00
11.00
11.00
11.00

Ship From: Kathy Cook
Saccardi &amp; Schiff. inc.
SUITE 404
4*5 HAMILTON AVE
White Plains NY 10601 -1807
Tracking No.:
1Z11013E1340311487
Package Type:
UPS Letter
Package RefNo.1: M-720.16
Ship To: Gerald Mufigan, Commissioner
Westchester County Planniig Board
Mtchaefian Office Bidding
148 Marline Avenue
White Plains NY 10601

Service Type:
Total Packages:
Hundredweight:
BtebfeWt:
BiSng Option:
Package RefNo.1:

Package Service Charge:
Shipper A m t
UPS Total Charge:

$
$
$

UPS NEXT DAY AR SAVER Shipment Service Charge:
1

11.00
11.00
11.00
11.00

No
LTR

I

Prepaid
M-720.16

Ship From: Kathy Cook
Saccardi &amp; Schiff, Inc.
SUITE 404
445 HAMILTON AVE
White Plains NY 10601-1807
Tracking No.:
1Z11013E1340896292
Package Type:
UPS Letter
Package RefNo.1: M-720.16

Package Service Charge:
SfvQjfjeT Ami:
UPS Total Charge:

Page 1
UPS OnLine WorldShip 5.0.37 winspool 1025

%
$
$

11.00
11 JO
11J0

�129

I

Saccardi &amp; Schiff, Inc.
DAILY SHIPMENT DETAIL REPORT
05/12/04 05:49 PM

Pickup Date: 05/12/04
Pickup Record No.: 7920159 70 4

UPS Account NOJ 110131
Sorted By:Onfer of SMpnwn

Name/Address

Shipment Detail

Ship To: Paul Janos. Mayor
Village of Tarrytown
21 WMey Street
TARRYTOWN NY 10591-3103

Service Type:
Total Packages:
Hundredweight
Billable WL:
Billing Option:
Package RefNo.1:

Ship From: Kathy Cook
Saccardi &amp; Scruff, Inc.
SUITE 404
445 HAMILTON AVE
White Plains NY 10601-1807

Reference Rate
Charges

Options
UPS NEXT DAY AIR
1
No
LTR
Prepaid
M-720.16

Shipment Service Charge:

12.75

VOID
Tracking No.:
1Z11013E0i40758652
Package Type:
UPS Letter
Package RefNo.1: M-720.16

Package Service Charge:
Shipper Amt:
UPS Total Charge:

$
$
$

12.75
12.75
12.75

Summary Totals:

I

hipment Option

ackage Option

Shpts Pkgs Ref Charges

Billing Option
Prepaid
TOTAL CHARGES

Pkgs Ref Charges

4 Shipment(s)
4Package(s)

Shpts
4

Pkgs Ref Charges
4 *
44.00
*
44.00
1 Voided Shipments)
1 Voided Packages)

I
Page 2

^*-S.£^%^Tt*j'&gt;4.*iii£jS^

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�1

R e s o l u t i o n #:

05/91/04

BOND RESOLUTION, DATED MAY J ^ 2004, AUTHORIZING THE
ISSUANCE OF UP TO $182,500 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF SLEEPY HOLLOW, NEW YORK,
PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS
OF THE (I) THE ACQUISITION OF COMMUNICATION SYSTEMS, (II)
THE ACQUISITION OF COMPUTER SYSTEMS, AND (HI) THE
CONSTRUCTION, RECONSTRUCTION AND ACQUISITION OF HVAC
IMPROVEMENTS, IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located
in Westchester County, in the State of New York (the "State"), hereby determines that it is in the
public interest of the Village to authorize the financing of the costs of (i) the acquisition of
communication systems, (ii) the acquisition of computer systems, and (iii) the construction,
reconstruction and acquisition of HVAC improvements, in and for the Village, including other
preliminary and incidental costs, at a total cost not to exceed $182,500, 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 $182,500, 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 maximum cost
of each item of such specific objects or purposes, the principal amount^ of serial bonds authorized
herein for such specific 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:

NcwYork/48487.1

�131

(a) The acquisition of communication systems for the Village, together with applicable

incidental and preliminary costs in connection therewith, at an estimated maximum cost of $69,050
for which $69,050 principal amount of serial bonds are authorized herein and appropriated
therefore, having a period of probable usefulness often (10) years pursuant to subdivision 25 of
paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum
maturity often (10) years computed from the earlier of (a) the date of the first issue of such serial
bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of
such serial bonds.
(b) The acquisition of computer systems in and for the Village, together with applicable
incidental and preliminary costs in connection therewith, at an estimated maximum cost of
$106,300 for which $106,300 principal amount of serial bonds are authorized herein and
appropriated therefore, having a period of probable usefulness of ten (10) 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 often (10) years computed from the earlier of (a) the date of the
first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in
anticipation of the issuance of such serial bonds.
(c) The construction, reconstruction and acquisition of HVAC improvements in and for the
Village, together with applicable incidental and prelirrdnary costs in connection therewith, at an
estimated maximum cost of $7,150 for which $7,500 principal amount of serial bonds are
authorized herein and appropriated therefore, having a period of probable usefulness often (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 Section 11.00 of the Local

2
NewYork/48487.1

�Finance Law. Such serial bonds shall have a maximum maturity often (10) years computed from
the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond
anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 3.

The Board of Trustees of the Village has ascertained and hereby states that

(a) the estimated maximum cost of the Project is $182,500; (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 $182,500 proceeds of the serial bonds or
bond anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will
be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item
within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of
obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took
"official action" for federal income tax purposes to authorize capital financing of such item.
Section 4.

Subject to the terms and conditions of this bond resolution and the

Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to
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 bond 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 bond 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 bond resolution and all bond anticipation notes issued in anticipation of the

3
NcwYorfc'454S7.1

�133

issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each
interest coupon, if any, representing interest payable on such serial bonds shall be authenticated
by the manual or facsimile signature of the Village Treasurer.
Section 5.

The faith and credit of the Village is hereby and shall be irrevocably

pledged for the punctual payment of the principal of and interest on all obligations authorized
and issued pursuant to this bond resolution as the same shall become due.
Section 6.

When this bond resolution takes effect, the Village Clerk shall cause

the same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the Constitution of the
State.
Section 7.

Prior to the issuance of obligations authorized to be issued by this

bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated.

4
NewYorio'4S4S7.1

�1 o7-!t

I
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the "environmental compliance proceedings"). In the event that any
of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

It is hereby

determined by the Board of Trustees of the Village that the Project will not have a significant

I

effect on the environment.
Section 8.

The Village hereby declares its intention to issue the obligations

authorized herein to finance the costs of the Project. The Village covenants for the benefit of the
holders of the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the

I

proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxation under the Code (except
for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject

NcwYork/4&amp;487-l

�135

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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.
Section 9.

The Village hereby declares its intention to issue the obligatioas 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

6
NewYorl/48487.1

�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 bond resolution by the Village.
Section 10.

For the benefit of the holders and beneficial owners from time to time

of the bonds and bond anticipation notes authorized pursuant to this bond 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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively 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

7
NcwVork/48487.1

�137

I
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

H

Attorney or such bond counsel or other qualified independent special counsel in determining
whether a filing should be made.
Section 11.

This bond resolution is subject to a permissive referendum and will

take effect upon its adoption by the Board of Trustees of the Village, and the expiration of the
period prescribed in the Village Law during which petitions for a permissive referendum may be
submitted and filed with the Village Clerk.

Moved: Trustee Zieja
Seconded: Trustee Murray Vote:Unanimous
Roll Call Vote: Trustees Zieja, Grala, Murray,'Spota. Hart,
&amp; DiFelice and Mayor Zegarelli voted YES

I
8
NewVorJ&lt;7484g7.1

�1

R e s o l u t i o n #:

05/92/04

BOND RESOLUTION, DATED MAY J * L 2004, AUTHORIZING THE
ISSUANCE OF UP TO $102,000 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 THE RESERVOIR IN AND FOR THE VDLLAGE.
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,
reconstruction and acquisition of improvements to the reservoir in and for the Village, including
other preliminary and incidental costs, at a total cost not to exceed $102,000, 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 $102,000, pursuant to the Local Finance Law, in order to
finance costs of the specific objects or purposes hereinafter described.
Section 2. The specific object or purpose to be financed by the issuance of such serial
bonds is the acquisition, construction and reconstruction of improvements to the reservoir 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 $102,000; (b) no money has heretofore been
authorized to be applied to the payment of the costs of the Project except as set forth herein; (c)
the Board of Trustees of the Village plans to finance the costs of the Project from the SI02,000
proceeds of the serial bonds or bond anticipation notes authorized herein; (d) the maturity of the
obligations authorized herein will be in excess of five (5) years; and (e) on or before the
NewYork/4S4SS.l

�133

expenditure of moneys to pay for any item within an object or purpose set forth herein for which
proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the
Village took "official action" for federal income tax purposes to authorize capital financing of
such item.
Section 4. It is hereby determined that the Project is a specific object or purpose
described in subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law and that the
period of probable usefulness of the Project is thirty (30) years. The serial bonds authorized
herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the
date of the first issue of such serial bonds, or (b) the date of the first bond anticipation notes
issued in anticipation of the issuance of such serial bonds
Section 5. Subject to the terms and conditions of this bond-resolution and the Local
Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 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 bond 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 bond 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 Villag'e all serial bonds issued
pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each

2

NcwYork/48488.1

-. .

••

�J£

interest coupon, if any, representing interest payable on such serial bonds shall be authenticated
by the manual or facsimile signature of the Village Treasurer.
Section 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 bond resolution as the same shall become due.
Section 7. When this bond resolution takes effect, the Village Clerk shall cause the
same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the Constitution of the
State.
Section 8. Prior to the issuance of obligations authorized to be issued by this bond
resolution, the Board of Trustees of the Village shall comply with_ all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating

3
NcwYork/484S8.1

�Ml

to the Project (collectively, the "environmental compliance proceedings"). In the event that any

of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

It is hereby

determined by the Board of Trustees of the Village that the Project will not have a significant
effect on the environment.
Section 9. The Village hereby declares its intention to issue the obligations authorized
herein to finance the costs of the Project. The Village covenants for the benefit of the holders of
. the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the
proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxation under the Code (except
for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject
the Village to any penalties under section 148 of the Code. The foregoing covenants shall
remain in full force and effect notwithstanding the defeasance of the bonds or any other

4
NcwYoiV4g48S.l

�I

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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.
Section 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 o n 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
any obligations authorized herein may be applied to reimburse expenditures or commitments of the

NcwYork'4S4SS.l

5

�&lt;^1 O

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 bond resolution by the Village.
Section 11. For the benefit of the holders and beneficial owners from time to time of the
bonds and bond anticipation notes authorized pursuant to this bond 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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively 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

6
NcwYorfc'48488.1

�i-:-4

I
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 qualified independent special counsel in determining
H

whether a filing should be made.
Section 12. This bond resolution is subject to a permissive referendum and will take
effect upon its adoption by the Board of Trustees of the Village and the expiration of the period
prescribed in the Village Law during which petitions for a permissive referendum may be
submitted andfiledwith the Village Clerk.
Moved: Trustee DiFelice

Seconded: Trustee Spota

I
7
NewYoric/48488.1

Vote: Unanimous

�m

Resolution^:

05/93/04

BOND RESOLUTION, DATED MAY 2 5 , 2CMM, AUTHORIZING T H E
ISSUANCE OF UP TO $43,600 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
BUILDING IMPROVEMENTS 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 construction,,/
reconstruction and acquisition of buildings improvements, including the ambulance carport. A
lighthouse and the Village Hall roof and offices, in and for the Village, including other preliminary
and incidental costs, at a total cost not to exceed $43,600, 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 $43,600, pursuant to the Local Finance Law, in order to finance
costs of the specific objects or purposes hereinafter described.
Section 2. The specific object or purpose to be financed by the issuance of such serial
bonds is the acquisition, construction and reconstruction of buildings improvements, including the
ambulance carport, a lighthouse and the Village Hall roof and offices, 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 S58,500; (b) no money has heretofore been
authorized to be applied to the payment of the costs of the Project except as set forth herein; (c)
the Board of Trustees of the Village plans to finance the costs of the Project from (i) the $43,600
NcwYork/4S490.1

�-t

I
proceeds of the serial bonds or bond anticipation notes authorized herein and (ii) SI5,750 in
other available funds designated by the Village; (d) the maturity of the obligations authorized
herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay
for any item within an object or purpose set forth herein for which proceeds of obligations are to
be applied to reimburse the Village, the Board of Trustees of the Village took "official action"
for federal income tax purposes to authorize capital financing of such item.
Section 4. 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
H

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 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 the first issue of such serial bonds, or (b) the
date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds
Section 5. Subject to the terms and conditions of this bond resolution and the Local
Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 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 bond resolution and the
renewal of such bond anticipation notes and the power to prescribe the terms, form and contents

I

of such serial bonds and such bond anticipation notes authorized by this bond 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
2
NewYorit/4S490.1

It

(\

�13?

pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each
interest coupon, if any, representing interest payable on such serial bonds shall be authenticated
by the manual or facsimile signature of the Village Treasurer.
Section 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 bond resolution as the same shall become due.
Section 7. When this bond resolution takes effect, the Village Clerk shall cause the
same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, 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

3
KcwYork/45490.1

�prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the "environmental compliance proceedings"). In the event that any
of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

It is hereby

determined by the Board of Trustees of the Village that the Project will not have a significant
effect on the environment.
Section 9. The Village hereby declares its intention to issue the obligations authorized
herein to finance the costs of the Project. The Village covenants for the benefit of the holders of
the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the
proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxation under the Code (except

4
N:wYorU4S490.l

�14d

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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.
Section 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 rninimum tax
imposed on corporations by section 55 of the Code) or subject the Village to any penalties under
section 148 of the Code.

The foregoing covenants shall remain in full force and effect

5
NewYort'4&amp;4901

�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 bond resolution by the Village.
Section 11. For the benefit of the holders and beneficial owners from time to time of the
bonds and bond anticipation notes authorized pursuant to this bond 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 provitie 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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of
the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph

6
NewYoTk/4S490.1

�i D

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 qualified independent special counsel in determining
whether a filing should be made.
Section 12. This bond resolution is subject to a permissive referendum and will take
effect upon its adoption by the Board of Trustees of the Village and the expiration of the period
prescribed in the Village Law during which petitions for a permissive referendum may be
submitted and filed with the Village Clerk.

Moved:

Trustee Spota

Seconded:

7
NcwYork/48490.1

Trustee Hart Vote: Unanimous

�1

I

**£,

Resolution # 05/94/04

BOND RESOLUTION, DATED MAY 2 5 , 2004, AUTHORIZING THE

ISSUANCE OF UP TO $153,800 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 (I) THE ACQUISITION OF FIRE-FIGHTING APPARATUS AND
(II) THE ACQUISITION OF A TRAFFIC SIGNAL 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 (i) the acquisition of fire-

I

fighting apparatus and (ii) the acquisition of a traffic signal system, in and for the Village, including
other preliminary and incidental costs, at a total cost not to exceed $153,800, in accordance with the
r

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 $153,800, pursuant to the Ix&gt;cal Finance Law, in order to
finance costs of the specific obj ects or purposes hereinafter described.
Section 2. The specific objects or purposes or class of objects 'ox 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, the principal amount of serial bonds authorized

I

herein for such specific 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 fire-fighting apparatus for the Vil'age, together with applicable
incidental and preliminary costs in connection therewith, at an estimated maximum cost of
Nc*York/4S4S4.1

"^'^^^"-""•^iSta&amp;sSiwetf

�153

5148,300 for which $148,300 principal amount of serial bonds are authorized herein and

appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to
subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall
have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first
issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of
the issuance of such serial bonds.
(b) The acquisition of a traffic signal system for the Village, together with applicable
incidental and preliminary costs in connection therewith, at an estimated maximum cost of $5,500
for which S5,500 principal amount of serial bonds are authorized herein and appropriated therefore,
having a period of probable usefulness of twenty (20) years pursuant to subdivision 72(a) of
paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum
maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such
serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance
of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a)
the estimated maximum cost of the Project is $153,800; (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 Hie $153,800 proceeds of the serial bonds or
bond anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will
be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item
within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of

2
NcwYork/484S4.1

�* r.

*m

i
obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took
"official action" for federal income tax purposes to authorize capitalfinancingof such item.
Section 4. Subject to the terms and conditions of this bond resolution and the Local
Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 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 bond 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 bond resolution, and the

i

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 bond resolution and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each
interest coupon, if any, representing interest payable on such serial bonds shall be authenticated
by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged
for the punctual payment of the principal of and interest on all obligations authorized and issued

i

pursuant to this bond resolution as the same shall become due.

NcwYorfcM84S4.1

�155

Section 6. When this bond resolution takes effect, the Village Clerk shall cause the
same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after th'e date of such publication,
or if such obligations are authorized in violation of the provisions of the Constitution of the
State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond
resolution, the Board of Trustees of the Village shall comply with" all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the "environmental compliance proceedings"). In the event that any
of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

4
NcwVoric/48484.1

It is hereby

�determined by the Board of Trustees of the Village that the Project will not have a significant
effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized
herein to finance the costs of the Project. The Village covenants for the benefit of the holders of
the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the
proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxatipn 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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.

5
N£wYoA/4M84.1

�15?

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
become subject to Federal income taxation under the Code (except for the alternative rninimum tax
imposed on corporations by section 55 of the Code) or subject the Village to any penalties under
section 148 of the Code.

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 bond resolution by the Village.
Section 10. For the benefit of the holders and beneficial owners from time to time of the
bonds and bond anticipation notes authorized pursuant to this bond resolution (the
"obligations"), the Village agrees, in accordance with and as an obligated person with respect to

6
NewYork/4&amp;4S4.1

�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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are" approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of
the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph
and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the
Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in order to ensure
compliance by the Village with its continuing disclosure agreement, including the timely
provision of information and notices.

Prior to making any filing in accordance with the

agreement or providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified

7
NewYork/4S484.1

�I
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 qualified independent special counsel in determining
whether a filing should be made.
Section 11. This bond resolution is subject to a permissive referendum and will take
effect upon its adoption by the Board of Trustees of the Village and the expiration of the period
prescribed in the Village Law during which petitions for a permissive referendum may be
submitted and filed with the Village Clerk.

Moved:

Trustee Hart

Seconded:

Trustee Grala

Vote: Unanimous

I

I
NewY&lt;Hkft$4S4.1

» 4 * i » i t . ^ K ^ ^ ^ _* ^

^^^r-*^^^^^^^^*^^

�R e s o l u t i o n #:

05/95/04

BOND RESOLUTION, DATED MAY J ^ L 2004, AUTHORIZING THE
ISSUANCE OF UP TO $992,000 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 (I) THE ACQUISITION OF MACHINERY AND APPARATUS
FOR CONSTRUCTION AND MAINTENANCE AND (II) THE
CONSTRUCTION, RECONSTRUCTION AND ACQUISITION
OF
VARIOUS PARK IMPROVEMENTS, IN AND FOR THE VDLLAGE.
WHEREAS, the Board of Trustees of the Village of Sleepy Hollow (the "Village"), located
in Westchester County, in the State of New York (the "State"), hereby determines that it is in the
public interest of the Village to authorize the financing of the costs of (i) the acquisition of
machinery and apparatus for construction and maintenance and (ii) the construction, reconstruction
and acquisition of various park improvements, in and for the Village, including other preliminary
and incidental costs, at a total cost not to exceed $992,000, 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 $992,000, 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 maximum cost
of each item of such specific objects or purposes, the principal amount of serial bonds authorized
herein for such specific 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:

NcwYork/4S4S5.I

�161

(a) The acquisition of machinery and apparatus for construction and maintenance for the
Village, together with applicable incidental and preliminary costs in connection therewith, at an
estimated maximum cost of S746,000 for which 5746,000 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) the date of the first bond anticipation notes
issued in anticipation of the issuance of such serial bonds.
(b) The construction, reconstruction and acquisition of various park improvements in and for
the Village, together with applicable incidental and preliminary costs in connection therewith, at an
estimated maximum cost of $246,000 for which 5906,000 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) the date of the first bond anticipation notes
issued in anticipation of the issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a)
the estimated maximum cost of the Project is 5992,000; (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 (i) the 5992,000 proceeds of the serial bonds or
bond anticipation notes authorized herein and (ii) other designated funds of the Village; (d) the
maturity of the obligations authorized herein will be in excess of five (5\ years; and (e) on or before

2
NcwYork/4S4S5.1

�the expenditure of moneys to pay for any item within an object or purpose, or class of object or

purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the
Village, the Board of Trustees of the Village took "official action" for federal income tax purposes
to authorize capital financing of such item.
Section 4. Subject to the terms and conditions of this bond resolution and the Local
Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 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 bond 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 bond resolution, and the
power to issue, self 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 bond resolution and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each
interest coupon, if any, representing interest payable on such serial bonds shall be authenticated
by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged
for the punctual payment of the principal of and interest on all obligations authorized and issued
pursuant to this bond resolution as the same shall become due.

3
NewYotV4S4S5.1

�no

Section 6. When this bond resolution takes effect, the Village Clerk shall cause the

same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the Constitution of the
State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond
resolution, the Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the "environmental compliance proceedings"). In the event that any
of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

4
NcwYork/W85.t

It is hereby

�(*

determined by the Board of Trustees of the Village that the Project will not have a significant
effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized
herein to finance the costs of the Project. The Village covenants for the benefit of the holders of
the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the
proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxation under the Code (except
for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject
the Village to any penalties under section 148 of the Code. The foregoing covenants shall
remain in full force and effect notwithstanding the defeasance of the bonds or any other
provisions hereof until the date which is 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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.

5
NewYoric'4WS5.1

A

�I
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

I

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 bond resolution by the Village.
Section 10. For the benefit of the holders and beneficial owners from time to time of the
bonds and bond anticipation notes authorized pursuant to this bond resolution (the
"obligations"), the Village agrees, in accordance with and as an obligated person with respect to

6
NewYork/4$485.1

I

�- 1

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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of
the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph
and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the
Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in order to ensure
compliance by the Village with its continuing disclosure agreement, including the timely
provision of information and notices.

Prior to making any filing in accordance with the

agreement or providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified

7
Nr*York/4S4S5.1

�1S1

I
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 qualified independent special counsel in determining
whether afilingshould be made.
Section 11. This bond resolution is subject to a permissive referendum and will take
effect upon its adoption by the Board of Trustees of the Village and the expiration of the period
prescribed in the Village Law during which petitions for a permissive referendum may be
submitted and filed with the Village Clerk.

Moved:

Trustee Grala

Seconded:

I
Trustee Zieja Vote: Unanimous

I
NewYork/4&amp;485.1

•;^^l.i^%%;:^«:^»i«K-:t--!J^'^.-.3« , :i=:

^^^J^^^k^ik^fs^^^^^^^^^^^^^^^^A^^^^^^^

�Resolution #: 05/96/04
BOND RESOLUTION, DATED MAY ? s , 2004, AUTHORIZING THE
ISSUANCE O F UP TO $719,100 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
SEWER IMPROVEMENTS 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 construction,
reconstruction and acquisition of sewer improvements in and for the Village, including other
preliminary and incidental costs, at a total cost not to exceed $719,100, 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 $719,100, pursuant to the Local Finance Law, in order to
finance costs of the specific objects or purposes hereinafter described.
Section 2. The specific object or purpose to be financed by the issuance of such serial
bonds is the acquisition, construction and reconstruction of sewer improvements 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 $819,100; (b) no money has heretofore been
authorized to be applied to the payment of the costs of the Project except as set forth herein; (c)
the Board of Trustees of the Village plans to finance the costs of the Project from (i) the
$719,100 proceeds of the serial bonds or bond anticipation notes authorized herein and (ii)
$100,000 in other available funds designated by the Village; (d) the maturity of the obligations
NcwYork/484S9.1

�4»-3U

authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of

moneys to pay for any item within an object or purpose set forth herein for which proceeds of
obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took
"official action" for federal income tax purposes to authorize capital financing of such item.
Section 4. It is hereby determined that the Project is a specific object or purpose
described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law and that the
period of probable usefulness of the Project is forty (40) years. The serial bonds authorized
herein shall have a maximum maturity of forty (40) years computed from the earlier of (a) the
date of the first issue of such serial bonds, or (b) the date of the first bond anticipation notes
issued in anticipation of the issuance of such serial bonds
Section 5. Subject to the terms and conditions of this bond resolution and the Local
Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 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 bond 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 bond 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 bond resolution and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each

2
NcwYcrt/4S4S9.1

�interest coupon, if any, representing interest payable on such serial bonds shall be authenticated

by the manual or facsimile signature of the Village Treasurer.
Section 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 bond resolution as the same shall become due.
Section 7. When this bond resolution takes effect, the Village Clerk shall cause the
same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the, sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the Constitution of the
State.
Section 8. Prior to the issuance of obligations authorized to be issued by this bond
resolution, the Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating

3
NcwYoric/4&amp;489.1

�171

to the Project (collectively, the "environmental compliance proceedings"). In the event that any
of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

It is hereby

determined by the Board of Trustees of the Village that the Project will not have a significant
effect on the environment.
Section 9. The Village hereby declares its intention to issue the obligations authorized
herein to finance the costs of the Project. The Village covenants for the benefit of the holders of
the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the
proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxation under the Code (except
for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject
the Village to any penalties under section 148 of the Code. The foregoing covenants shall
remain in full force and effect notwithstanding the defeasance of the bonds or any other

4
NcwYork/4S4S9.1

�.*

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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.
Section 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
any obligations authorized herein may be applied to reimburse expenditures or commitments of the

5
Nr»-YoA/4S4S9.1

�173

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 bond resolution by the Village.
Section 11. For the benefit of the holders and beneficial owners from time to time of the
bonds and bond anticipation notes authorized pursuant to this bond 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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively 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

6
NcwYoifc'4S489.1

�1

*'M

I
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

I

Attorney or such bond counsel or other qualified independent special counsel in determining
whether a filing should be made.

.

Section 12. This bond resolution is subject to a permissive referendum and will take
effect upon its adoption by the Board of Trustees of the Village and the expiration of the period
prescribed in the Village Law during which petitions for a permissive referendum may be
submitted and filed with the Village Clerk.

Moved:

Trustee Zieja

Seconded:

Trustee Murray

Vote: UNanimous

I
NcwYork/48489.1

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�375

Resolution

#05/97/04

I

BOND RESOLUTION, DATED MAY 9S . 2004, AUTHORIZING THE
ISSUANCE OF UP TO $446,200 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 (I) THE ACQUISITION OF VILLAGE VEHICLES, (H) THE
ACQUISITION | OF EQUIPMENT FOR PRESERVATION OF PUBLIC
RECORDS, (III) THE ACQUISITION OF VARIOUS POLICE, OFFICE
AND TECHNICAL EQUIPMENT, (IV) THE ACQUISITION OF SOFT
BODY ARMOR, (V) THE ACQUISITION OF AMBULANCE EQUIPMENT,
ALL 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 (r) the acquisition of Village
Vehicles, (ii) the acquisition of equipment for preservation of public records, (iii) the acquisition of

I

various police, office and technical equipment, (iv) the acquisition of soft body armor and (v) the
acquisition of ambulance equipment, all for the Village, including other preliminary and incidental
costs, at a total cost not to exceed $446,200, 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 $446,200, 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 maximum cost
of each item of such specific objects or purposes, the principal amount*of serial bonds authorized
herein for such specific 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:
NewYorV/48491.1

I

�(a) The acquisition of Village vehicles for the Village, together with applicable incidental

and preliminary costs in connection therewith, at an estimated maximum cost of $134,200 for which
5134,200 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) the
date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
(b) The acquisition of equipment for the preservation of public records for the Village,
together with applicable incidental and preliminary costs in connection, therewith, at an estimated
maximum cost of $96,900 for which $96,900 principal amount of serial bonds are authorized herein
and appropriated therefore, having a period of probable usefulness of five (5) 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 five (5) years computed from the earlier.of (a) the date of the first
issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of
the issuance of such serial bonds.
(c) The acquisition of various police, office and technical equipment for the Village,
together with applicable incidental and preliminary costs in connection-therewith, at an estimated
maximum cost of $171,300 for which $171,300 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

2
NewYoik/48491.1

�-: n 7

issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of
the issuance of such serial bonds.
(d) The acquisition of soft body armor for the Village, together with applicable incidental
and preliminary costs in connection therewith, at an estimated maximum cost of 533,600 for which
S33,600 principal amount of serial bonds are authorized herein and appropriated therefore, having a
period of probable usefulness of five (5) years pursuant to subdivision 86(a) of paragraph a of
Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five
(5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
(e) The acquisition ambulance equipment for the Village, together with applicable incidental
and preliminary costs in connection therewith, at an estimated maximum cost of $10,200 for which
$10,200 principal amount of serial bonds are authorized herein and appropriated therefore, having a
period of probable usefulness of five (5) years pursuant to subdivision 27-a of paragraph a of
Section 11.00 of the Local Finance Law. Such serial bonds shall have a*maximum maturity of five
(5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a)
the estimated maximum cost of the Project is $446,200; (b) no money has heretofore been
authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the
Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond
anticipation notes authorized herein; (d) the maturity of the obligations authorized herein will not be
in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item

3
Nr*YorJc/4849I.l

�JV8

I
within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of

obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took
"official action" for federal income tax purposes to authorize capital financing of such item.
Section 4. Subject to the terms and conditions of this bond resolution and the Local
Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00 and 56.00 to 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 bond resolution and the
renewal of such bond anticipation notes and the power to prescribe the terms, form and contents
H

of such serial bonds and such bond anticipation notes authorized by this bond 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 bond resolution and all bond anticipation notes issued in anticipation of the
issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the
Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each
interest coupon, if any, representing interest payable on such serial bonds shall be authenticated
by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged

I

for the punctual payment of the principal of and interest on all obligations authorized and issued

pursuant to this bond resolution as the same shall become due.

4
New York/48491.1

•--^ - 5 - ' ^ &gt; 3 ^ ^ r S j i ^ ^ S j

�T 79

Section 6. When this bond resolution takes effect, the Village Clerk shall cause the

same, or a summary thereof, to be published together with a notice in substantially the form
prescribed by Section 81.00 of the Local Finance Law in The Journal News, a newspaper having
a general circulation in the Village. The validity of the serial bonds authorized by this bond
resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds
may be contested only if such obligations are authorized for an object or purpose, or class of
object or purpose, for which the Village is not authorized to expend money, or the provisions of
law which should be complied with as of the date of the publication of this bond resolution, or a
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the Constitution of the
State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond
resolution, the Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated
thereunder by the New York State Department of Environmental Conservation, and all
applicable Federal laws and regulations in connection with environmental quality review relating
to the Project (collectively, the "environmental compliance proceedings"). In the event that any
of the environmental compliance proceedings are not completed, or require amendment or
modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of
the Village will re-adopt, amend or modify this bond resolution prior to the issuance of
obligations authorized to be issued herein upon the advice of bond counsel.

5
NcwYorfc'48491.1

It is hereby

�determined by the Board of Trustees of the Village that the Project will not have a significant
effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized
herein to finance the costs of the Project. The Village covenants for the benefit of the holders of
the obligations authorized herein that it will not make any use of the proceeds of such
obligations, any funds reasonably expected to be used to pay the principal of or interest on such
obligations or any other funds of the Village, and will not make any use of the facilities financed
with the proceeds of such obligations which would cause the interest on such obligations to
become subject to Federal income taxation under the Internal Revenue Code of 1986, as
amended (the "Code"), (except for the alternative minimum tax imposed on corporations by
section 55 of the Code) or subject the Village to any penalties under section 148 of the Code, and
that it will not take any action or omit to take any action with respect to such obligations, the
proceeds thereof or any facilities financed thereby if such action or omission would cause the
interest on such obligations to become subject to Federal income taxation under the Code (except
for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject
the Village to any penalties under section 148 of the Code. The foregoing covenants shall
remain in full force and effect notwithstanding the defeasance of the bonds or any other
provisions hereof until the date which is 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 purpose on or after a
date which is not more than sixty (60) days prior to the date of adoption of this bond resolution
by the Village.

6
NewYodc/4S491.1

�181

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
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 bond resolution by the Village.
Section 10. For the benefit of the holders and beneficial owners from time to time of the
bonds and bond anticipation notes authorized pursuant to this bond resolution (the
"obligations"), the Village agrees, in accordance with and as an obligated person with respect to

7
Nr*Yoric/4S491.I

�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
which the Rule, with any changes or amendments that are not inconsistent with this bond
resolution and not substantially adverse to the Village and that are approved by the Village
Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of
the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph
and the Commitment, shall be the Village's continuing disclosure agreement for purposes of the
Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The
Village Treasurer is further authorized and directed to establish procedures in order to ensure
compliance by the Village with its continuing disclosure agreement, including the timely
provision of information and notices.

Prior to making any filing in accordance with the

agreement or providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified

8
NewYwJc/4S49I.l

�100

I 0 0

I
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 qualified independent special counsel in determining
whether a filing should be made.
Section 11. This bond resolution will take effect upon its adoption by the Board of
Trustees of the Village.

Moved:

Trustee Murray Seconded: Trustee DiFelice

Vote: Unanimou^

I
9
NcwYoft/4849I.l

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