Board of Trustees
Village of Tarrytown
Regular Meeting No. 1
April 7, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator McCabe; Village Treasurer Hart; Village Engineer McGarvey; Chief of Police Brown; Recreation Supervisor Arduino; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
RESOLUTION APPOINTING OFFICER GUY SULLIVAN TO THE RANK OF POLICE SERGEANT
Mayor Fixell read a statement from Chief of Police Brown that Guy Sullivan has been a member of the Tarrytown Police Department since August 3, 1988 serving in the patrol division. He is a self-motivated officer who has been a consistent performer his entire career. Guy has served in the capacity of Tour Supervisory Officer, which is equivalent of acting sergeant for the A-Line Tour. As a senior officer, the junior officers look to him for leadership and guidance. He has demonstrated the ability to remain calm under pressure and handles assignments both promptly and competently. His performance has been recognized by his supervisors, peers and the general public. We are in receipt of complimentary correspondence as well as a certificate of Meritorious Service awarded by the Policemen’s Benevolent Association of Westchester County. Guy achieved a score of 92.0 on the last promotional exam given by the Westchester County Department of Human Resources and is currently placed
first on our local Sergeant’s list. He resides in Dobbs Ferry with his wife and children.
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 7-0
Police Sergeant Sullivan stated that it has been a pleasure serving the Village of Tarrytown for the past twenty years. He thanked Chief Brown and the Board of Trustees to have faith in him to appoint him to the position of Police Sergeant. He also thanked his family and friends for all their support.
BE IT RESOLVED that the Board of Trustees hereby approves the promotion of Police Officer Guy Sullivan to the position of Police Sergeant with the Tarrytown Police Department at an annual salary of $88,477 effective April 8, 2008. This appointment is made from Eligible List #77-650 and is subject to a probationary period of not less than twelve weeks and not more than fifty-two weeks as mandated by Civil Service Law.
Mayor Fixell moved, seconded by Trustee Basher, and unanimously carried, to adjourn to the ANNUAL ORGANIZATIONAL MEETING.
RECONVENE TO REGULAR SESSION
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried to reconvene to regular session at 8:20 p.m.
REPORTS
Mayor Fixell stated that on April 19th it will be “Tarrytown Clean and Green Day” where several activities will be going on throughout the Village. Tarrytown is going to be the beneficiary of a generous donation from Carpet One in which they will be doing some major upgrades to the tree wells along Broadway on the west side from Wildey Street to Main Street. It will be a terrific upgrade to the downtown area. If anyone wishes to participate in that or any of the activities on April 19th, please contact the Tarrytown Environmental Council which is on the Village website.
Trustee Basher stated that at this time he would like Chief of Police Brown to speak on behalf of the Police Department.
Chief of Police Brown stated that Sgt. Kevin Barbelet retired from the Tarrytown Police Department on Monday, March 31, 2008 after twenty years of dedicated service. Personally and on behalf of the department and I would like to thank Kevin for providing such wonderful service to the residents of the Village of Tarrytown and wish both he and his family the best of luck, health and happiness in the future.
Mayor Fixell stated that on behalf of the Board of Trustees, he also thanks Sgt. Kevin Barbelet for his dedicated service and wishes him well.
PUBLIC HEARING TO AMEND THE FIREFIGHTERS PROPERTY TAX EXCEPTION LAW TO PROVIDE FOR THE INCLUSION OF THE TARRYTOWN VOLUNTEER AMBULANCE CORPS (adopted)
Trustee McGovern moved, seconded by Trustee Basher and unanimously carried that the public hearing be opened.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 7th day of April of 2008, at 8 PM, in the Municipal Building, 21 Wildey Street, Tarrytown, New York 10591, to hear, discuss and to act upon a local law to adopt the expanded real property tax exemption for voluntary firemen pursuant to Real Property Tax Law Section 466. The complete text of this legislation follows:
A LOCAL LAW to adopt the expanded real property tax exemption for voluntary firemen passed by the New York State Legislature and signed by the Governor pursuant to Real Property Tax Law Section 466.
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that the voluntary firemen and members of the Volunteer Ambulance Corp who provided invaluable service to the Village of Tarrytown are entitled to the expanded 10 percent real property exemption pursuant to Real Property Tax Law Section 466.
B. Legislative Intent.
The intent of this amendment is to adopt the expanded 10 percent real property exemption pursuant to Real Property Tax Law Section 466.
SECTION 2. The Village of Tarrytown hereby adopts the expanded 10 percent real property exemption pursuant to Real Property Tax Law Section 466.
SECTION 3. EFFECTIVE DATE
This local law shall take effect immediately, as provided by law.
All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-
impaired; a request must be made to the Village Clerk at least five days in advance of the meeting.
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee Butler, and unanimously carried that the public hearing be closed.
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby adopts the offer to volunteer firemen and members of the Volunteer Ambulance Corp of a 10% exemption on the assessed valuation of their homes to take effect on the town tax rolls beginning June 1, 2008 and taking effect on the village tax rolls on January 1, 2009; and
WHEREAS, a public hearing was held for the proposed action on April 7, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on March 24, 2008; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 6 of 2008.
ANNOUNCEMENT OF A PUBLIC HEARING TO BE HELD ON APRIL 9, 2008, AT TARRYTOWN VILLAGE HALL REGARDING THE TENTATIVE OPERATING BUDGET FOR FISCAL YEAR 2008-09
ANNOUNCEMENT OF A PUBLIC HEARING TO BE HELD ON MAY 5, 2008 AT TARRYTOWN VILLAGE HALL REGARDING THE ACQUISITION, BY EMINENT DOMAIN PROCEDURES, OF A PORTION OF THE PARKING LOT BEHIND THE MASON’S BUILDING – SOLOMON’S LODGE #196 AT 54-56 MAIN STREET, TARRYTOWN, NY
Trustee McGee moved, seconded by Trustee Butler, that the following be approved. Motion carried, all voting “aye” with exception of Trustee Basher who abstained.
Approved: 6-0
Whereas, the Village of Tarrytown is desirous of increasing the amount of public parking in the Village of Tarrytown, and
Whereas, the Mason Property is ideally located to provide additional public property in the business district of the Village.
NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees hereby authorizes the scheduling of a public hearing on May 5, 2008 at 8 PM in the Village Hall, 21 Wildey Street, Tarrytown, New York, pursuant to Article Two of the Eminent Domain Procedure Law to hear and discuss a proposal to acquire for public use the Mason property for the purpose of constructing a parking facility for public parking in the Village of Tarrytown.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Carter Dorzbacher, Masonic Lodge Member, stated that he is a Trustee and member of the lodge for over 34 years. The Masonic Lodge is over 150 year old community based charitable organization, not just a not for profit. All of their members are volunteer and they receive no monetary compensation. We have never opposed negotiating with the Village regarding the parking lot matter. He believes that this Board stood by idly while other parking opportunities went unchecked. Now, because the Mason’s have not moved fast enough in response to the Board’s proposal, you have forced us to dilute our charitable resources to fight this ugly decision by the action of this Board. The Masonic Lodge members ask that the Board allows them a fair opportunity to perform their diligent duty in
responding to the Board’s proposal. Our members are all volunteer and we do not function by the Board’s business pursuits; we operate by charitable pursuits.
Nunzio J. Raimo, Barnes Road, Masonic Lodge Secretary, stated that he has been a member of the lodge for 14 years. The members of Solomon’s Lodge are completely voluntary. They are a charitable organization. All of their resources from Solomon’s Lodge go toward their charitable endeavors. They hold blood drives, child identification programs and sponsor scholarships to graduating seniors in this community. If this Board goes ahead with this action, you will be forcing them to divert their resources that go directly to their charitable endeavors towards hiring an attorney to defend their position. He believes by the Board taking this action, the Board is siding with the profitability needs of some business owners on Main Street, not a community endeavor. The Solomon’s Lodge puts their efforts into true community programs. He asks the Board to consider this.
Mayor Fixell stated that the Board has been discussing the purchase of the Mason’s parking lot and have provided a proposal for almost a year now. It has not been a precipitous act. Tonight was not the public hearing of eminent domain; it was announcing a public hearing to be held approximately a month from today. The Board has been open and honest in trying to negotiate a solution to this. The Board does not demean the work of the Masonic Lodge at all. The eminent domain procedure is one in which the Village is able to buy property at a fair price.
Terrence Murphy, 20 Kaldenberg Place, stated that he would also like to support the Mason’s. He has been a member for almost 2 years. He hopes that the organization and the Village can work together to solve this issue.
RESOLUTION AMENDING THE FOLLOWING EIGHT (8) BOND RESOLUTIONS DATED AUGUST 21, 2006 AND APRIL 16, 2007 AUTHORIZING AMENDING THE MATURITY AND PERIOD OF PROBABLLY USEFULNESS PERMITTED BY LAW:
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED AUGUST 21, 2006, AUTHORIZING THE ISSUANCE OF UP TO $1,892,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of improvements to the Village water system in the total amount of $1,892,000 pursuant to a bond resolution adopted on August 21, 2006 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraph (f) of Section 2 of the Original Resolution authorizing serial bonds of the Village for the acquisition, construction and reconstruction of improvements to the Village water system ($1,892,000), together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $1,892,000, are hereby amended to provide that such serial bonds shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in sections 2(f) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraph (f) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2 (a) (b) (c) (d) (e) (g) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after August 21, 2006, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED APRIL 16, 2007, AUTHORIZING THE ISSUANCE OF UP TO $1,330,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE WATER SYSTEM IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of improvements to the Village water system in the total amount of $1,330,000 pursuant to a bond resolution adopted on April 16, 2007 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraph (f) of Section 2 of the Original Resolution authorizing serial bonds of the Village for the acquisition, construction and reconstruction of improvements to the Village water system ($1,330,000), together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, in the aggregate principal amount of $1,330,000, are hereby amended to provide that such serial bonds shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in sections 2 (f) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraph (f) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2 (a) (b) (c) (d) (e) (g) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after April 16, 2007, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED AUGUST 21, 2006, AUTHORIZING THE ISSUANCE OF UP TO $517,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS 10 YEAR PURPOSES IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of various purposes in the total amount of $517,000 pursuant to a bond resolution adopted on August 21, 2006 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraphs (a) and (d) of Section 2 of the Original Resolution authorizing serial bonds of the Village for (1) the acquisition of communication systems for the Village, ($297,000) and (2) the reconstruction of Village sidewalks ($220,000), respectively, together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $517,000, are hereby amended to provide that such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in
anticipation of the issuance of such serial bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in sections 2(a) and (d) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraphs (a) and (d) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2(b) (c) (e) (f) (g) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after August 21, 2006, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED AUGUST 21, 2006, AUTHORIZING THE ISSUANCE OF UP TO $100,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VILLAGE SEWER LINES IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of improvements to Village sewer lines in the total amount of $100,000 pursuant to a bond resolution adopted on August 21, 2006 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraph (g) of Section 2 of the Original Resolution authorizing serial bonds of the Village for The acquisition, construction and reconstruction of improvements to Village sewer lines ($100,000), together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $100,000, are hereby amended to provide that such serial bonds shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in section 2(g) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraph (g) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2 (a) (b) (c) (d) (e) (f) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after August 21, 2006, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED APRIL 16, 2007 AUTHORIZING THE ISSUANCE OF UP TO $5,525,515 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS 30 YEAR PURPOSES IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of various purposes in the total amount of $5,525,515 pursuant to a bond resolution adopted on April 16, 2007 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraphs (a) and (b) of Section 2 of the Original Resolution authorizing serial bonds of the Village for (1) The acquisition and construction of a Village firehouse ($5,205,515) and (2) the acquisition of real property ($320,000), together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $5,525,515, are hereby amended to provide that such serial bonds shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of
the issuance of such serial bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in section 2 (a) and (b) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraphs (a) and (b) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2 (c) (d) (e) (f) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after April 16, 2007, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED AUGUST 21, 2006, AUTHORIZING THE ISSUANCE OF UP TO $950,900 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS 15 YEAR PURPOSES IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of various purposes in the total amount of $950,900 pursuant to a bond resolution adopted on August 21, 2006 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraphs (c) and (e) of Section 2 of the Original Resolution authorizing serial bonds of the Village for (1) the construction of improvements to Village streets ($500,900) and (2) the acquisition of machinery and apparatus for construction and maintenance for the Village ($450,000), respectively, together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $950,900, are hereby amended to provide that such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the
first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in sections 2(c) and (e) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraphs (c) and (e) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2(a) (b) (d) (f) (g) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after August 21, 2006, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED APRIL 16, 2007, AUTHORIZING THE ISSUANCE OF UP TO $735,149 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS
OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VARIOUS 10 YEAR PURPOSES IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of various purposes in the total amount of $735,149 pursuant to a bond resolution adopted on April 16, 2007 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraphs (c) and (d) of Section 2 of the Original Resolution authorizing serial bonds of the Village for (1) the acquisition, construction and reconstruction of Village Library HVAC improvements ($650,650) and (2) the acquisition of a fire alarm system for the Village Library ($84,499), respectively, together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $735,149, are hereby amended to provide that such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the
first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in sections 2 (c) and (d) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraphs (c) and (d) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2 (a) (b) (e) (f) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after April 16, 2007, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
AMENDATORY BOND RESOLUTION AMENDING A BOND RESOLUTION DATED APRIL 16, 2007, AUTHORIZING THE ISSUANCE OF UP TO $29,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE LIBRARY ROOF IN AND FOR THE VILLAGE, PURSUANT TO THE LOCAL FINANCE LAW
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, determined that it is in the public interest of the Village to authorize the financing of the costs of the acquisition, construction and reconstruction of improvements to the Village Library roof in the total amount of $29,000 pursuant to a bond resolution adopted on April 16, 2007 (the “Original Resolution”), a true copy of which is attached hereto, authorizing serial bonds of the Village with a maturity of only five (5) years to finance same, pursuant to the Local Finance Law; and
WHEREAS, the Board of Trustees of the Village desires to issue such serial bonds for the maturity and period of probable usefulness permitted by law, and accordingly, desires to amend the Original Resolution by submitting it to a permissive referendum in the manner prescribed by law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, County of Westchester, State of New York, as follows:
Section 1. Paragraph (e) of Section 2 of the Original Resolution authorizing serial bonds of the Village for the acquisition and construction of improvements to the Village Library roof ($29,000), together with the acquisition of any applicable machinery, equipment, apparatus, land and rights-in-land necessary therefore and any preliminary and incidental costs related thereto, in the aggregate principal amount of $29,000, are hereby amended to provide that such serial bonds 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 2. Section 3 of the Original Resolution is hereby amended to state that the maturity of such serial bonds authorized in section 2 (e) herein shall be in excess of five (5) years. Section 10 of the Original Resolution for the purposes referred to in paragraph (e) of Section 2 of the Original Resolution is hereby amended to provide that the effectiveness of such bond resolution with respect to any obligations authorized therein in excess of five (5) years is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
Section 3. Sections 1, 2 (a) (b) (c) (d) (f) and 4 through 9, inclusive, of the Original Resolution are hereby ratified, approved and confirmed as being not affected by this amendatory bond resolution, but otherwise as amended, and as being in full force and effect from and after April 16, 2007, the terms of which are incorporated herein by reference and made applicable hereto except as aforesaid. For purposes of section 81.00 of the Local Finance Law, the Board of Trustees deems this amendatory bond resolution to be a sufficient summary of said bond resolution which may be inspected in the office of the Village Clerk during regular business hours.
RESOLUTION REGARDING THE ELECTED OFFICIALS OF THE VILLAGE OF TARRYTOWN REPORTING TO THE NEW YORK STATE EMPLOYEES’ RETIREMENT SYSTEM
Trustee Butler moved, seconded by Trustee Basher, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED in accordance with Part 325 of the New York State Rules and Regulations governing retirement system reporting of days worked for elected officials, the Board of Trustees, Village of Tarrytown, shall define the standard workdays of officials as follows:
Elected Officials: A minimum of six (6) hours will constitute a workday. Time attributed to an elected official’s availability required beyond normal meeting hours may be applied for reporting purposes; and
BE IT FURTHER RESOLVED that five days shall be the average number of 6-hour days worked by an Elected Official in a month; and
AND BE IT FURTHER RESOLVED that each elected official participating in the State Retirement System shall report all activities and time spent in an official capacity on a form acceptable to the Retirement System.
CONSIDERATION OF A TAX CERTIORARI AS RECOMMENDED BY THE VILLAGE ATTORNEY
Trustee Zollo moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOVLED that the Board of Trustees of the Village of Tarrytown hereby authorizes the settlement of the 303 South Broadway tax certiorari case as recommended by the Village Attorney.
APPOINTMENT OF MARRIAGE OFFICERS
Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby
appoints all members of the Board of Trustees as Marriage Officers of the Village of Tarrytown for a one-year term.
CONSIDERATION OF SUPPORT OF AN APPLICATION OF THE COMMUNITY OPPORTUNITY CENTER FOR A COMMUNITY DEVELOPMENT BLOCK GRANT
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown, New York, hereby support the application of the Community Opportunity Center of the Tarrytowns, Inc. for a Community Development Block Grant award for the purpose of the replacement of a gas/electric boiler system for the Center’s building.
APPROVAL OF THE MINUTES OF THE REGULAR MEEING OF THE BOARD OF TRUSTEES HELD ON MARCH 17, 2008
Trustee McGee moved, seconded by Trustee Butler, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the executive session of the Board of Trustees held on March 17, 2008, as presented by the Village Clerk.
APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON MARCH 26, 2008
Trustee Butler moved, seconded by Trustee Hoyt, that the following be approved. Motion carried, all voting “aye” with exception of Trustees Basher and McGovern who abstained. Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the special meeting of the Board of Trustees held on March 26, 2008, as presented by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 003574 THROUGH NO. 003847
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following resolution be approved:
RESOLVED: The following Abstract bearing No. 18, dated April 7, 2008 containing Vouchers No. 003574 through No. 003847 is hereby ordered paid in the
following amounts as presented:
General $ 226,863.80
Water 138,943.93
Capital 285,118.41
Library 15,113.97
Trust & Agency 189,471.11
Total $ 855,511.22
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 003706, 003707, 003807, 003808, and 003809 and Trustee Hoyt who abstained from Voucher Number 003603, 003672, 003723, 003776, and 003781. Motion carried 7-0.
ADJOURNMENT TO EXECUTIVE SESSION
Trustee McGee moved, seconded by Trustee Basher and unanimously carried, that the meeting be adjourned to Executive Session at 8:40 p.m.
Carol A. Booth
Village Clerk
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