Board of Trustees
Village of Tarrytown
Regular Meeting No. 15
September 15, 2008 8:00 p.m.
PRESENT: Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Village Administrator Blau; and Village Attorney Shumejda
The meeting began with the Pledge to the Flag.
REPORTS
Trustee Basher stated that the annual Westchester County Regional Medical Services Awards were held on Thursday, August 28, 2008, at Playland Amusement Park in Rye, New York. The following Tarrytown Police Department Officers received awards for their actions. A unit citation recognizing the combined efforts of Sergeant Anthony Palazzola, Detective Daryl Stiloski, Detective Brian Byrnes, and Police Officers Chris Caoili and Jason Murtagh for the assistance with the outstanding rescue of a construction worker trapped in a trench on January 18, 2008. In addition, Police Officer Sonja Hennessey was awarded for her meritorious service for going above and beyond the call of duty for her efforts in assisting in the delivery of a baby boy on January 19, 2008. Trustee Basher thanked and commended all the
officers for their terrific efforts and service and for Police Chief Brown for always being diligent in protecting the Village.
Trustee Butler stated the following:
- The Tarrytown Environmental Advisory Council (TEAC) has presented a proposal to the Board of Trustees for new recyclable baskets in the Village, which the Board has agreed to. There should be three new baskets in the Village which should be significantly less expensive.
- A reminder that the Eco-Fair, sponsored by TEAC will be held on Saturday, September 20, 2008 at Patriots Park.
PRESENTATION – PROCLAMATION COMMEMORATING NATIONAL FIRE PREVENTION WEEK TO FIRE CHIEF DERIVAN, 1ST ASST. CHIEF COFFEY AND 2ND ASST. CHIEF SARACELLI
Mayor Fixell presented the following proclamation to Fire Chief Derivan, 1st Asst. Chief Coffey and 2nd Asst. Chief Saracelli. Fire Chief Derivan stated that he would like to remind everyone to replace your batteries in your smoke and carbon monoxide detectors. If you have any questions for the Fire Department, please call 631-7066.
Whereas, National Fire Prevention Week is held in October of each year and this year’s theme is “It’s Fire Prevention Week: Prevent Home Fires!” and
Whereas, President Woodrow Wilson issued the first presidential proclamation designating October 9th as Fire Prevention Day in 1920 in honor of the anniversary of the Great Chicago Fire of 1871; and
Whereas, in 1922, it was expanded to a full week and is the longest running public health/safety awareness program in United States history; and
Whereas, The Tarrytown Fire Department will visit the local schools and day care centers to teach and promote fire safety and fire prevention; and
Whereas, The Tarrytown Fire Department emphasizes the importance of making sure smoke and fire detectors are properly installed and in working order.
Now therefore be it resolved that I, Drew Fixell, Mayor of Tarrytown, New York, in recognition of making Tarrytown a better and safer place, thank and commend the dedication of the Tarrytown Fire Department and hereby declare October 5 through 11, 2008 as NATIONAL FIRE PREVENTION WEEK in the Village of Tarrytown.
PUBLIC HEARING TO AMEND ARTICLE II OF THE TARRYTOWN ZONING CODE ENTITLED “TRAFFIC REGULATIONS” BY ADDING A NEW SECTION DESIGNATED AS CHAPTER 291-59, “PEDESTRIANS IN ROADWAYS” (adopted)
Trustee Basher moved, seconded by Trustee McGovern 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 15th day of September, 2008, at 8 P.M. in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon proposed amendment to Article II of the Tarrytown Zoning Code entitled "Traffic Regulations" by adding a new Section designated as §291-59. "Pedestrians in Roadways." The complete text of this legislation follows:
A LOCAL LAW to amend to Article II of the Tarrytown Zoning Code entitled "Traffic Regulations" by adding a new Section designated as §291-59. "Pedestrians in Roadways."
SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.
A. Findings of Fact.
The Board of Trustees of the Village finds that presence of pedestrians walking in roadways when sidewalks are readily available poses a serious safety issue within the Village of Tarrytown.
B. Legislative Intent.
The intent of this amendment is to mandate that pedestrians utilize sidewalks – when available – and not traverse public roadways due to the safety issues raised by pedestrian use of roadways.
Material to be deleted appears in (parenthesis), material to be added is in bold typeface.
SECTION 2. Amendment to Article II of the Tarrytown Zoning Code entitled "Traffic Regulations"
§291-59. Pedestrians in Roadways.
A. Where sidewalks are provided and they may be used with safety it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.
B. Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Upon the approach of any vehicle from the opposite direction, such pedestrian shall move as far to the left as practicable.
No further changes to Section
SECTION 4. 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
Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the public hearing be closed.
Mayor Fixell questioned whether anyone wished to address the Board on this matter. No one appeared.
Trustee Basher moved, seconded by Trustee McGovern that the following be approved. Motion carried, all voting “aye” with exception of Trustee Butler who voted “no.” Approved: 6-1
WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Article II of Chapter 291, of the Tarrytown Zoning Code entitled “Traffic Regulations” by adding a new Section designated as Chapter 291-59, “Pedestrians in Roadways.” Where sidewalks are provided, it shall be unlawful for any pedestrian to walk on an adjacent roadway. Where sidewalks are not provided, pedestrians shall when practicable walk only on the left of the roadway or its shoulder facing traffic.
WHEREAS, a public hearing was held for the proposed action on September 15, 2008; and
WHEREAS, a notice of public hearing was published in the Journal News on September 12, 2008; and
WHEREAS, the Board of Trustees of the Village of Tarrytown is the only agency which has approval authority over the Proposed Action, and is therefore the Lead Agency for the Proposed Action.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
In accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c) and based upon review of the Environmental Assessment Form and all other materials that were prepared for the Proposed Action, the Village Board of Trustees hereby determines that Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 14 of 2008.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Kevin McDermott, 222 Martling Avenue commended the Village Administration on the beautiful new Village Hall building. The administration did a wonderful job.
Lori Semeraro, 205 Martling Avenue, stated the following:
- She believes it’s great to encourage people to walk on sidewalks. She wanted to know if this new law also included enforcement of keeping the sidewalks clear.
- She also wanted to know if there was capital money put aside to repair our sidewalks. She believes that 20% of our sidewalks are in horrendous shape.
Mayor Fixell stated that this new law does not address the enforcement of keeping the sidewalks clear. However, we do sidewalk repair on a regular basis. Administrator Blau stated that residents contact us to repair sidewalks in our 50/50 sidewalk repair program. We are also giving notice to property owners where there are sidewalk deficiencies. Capital money can only be used for Village owned sidewalks or the 50/50 sidewalk program. Funds are put aside for sidewalk repair. Trustee Butler stated that we will be more diligent to notice property owners of any sidewalk defects.
CONSIDERATION OF A RESOLUTION AUTHORIZING THE AWARD OF A CONTRACT FOR THE SCENIC HUDSON RIVERWALK PARK PROJECT
Trustee Basher moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Village has been working with Westchester County and Scenic Hudson on the development of the Scenic Hudson Riverwalk Park project; and
WHEREAS, the project has been designed and the Village is prepared to authorize the execution of a contract with the lowest responsible bidder; and
WHEREAS, an Environmental Assessment Form has been completed for the development of the Scenic Hudson Riverwalk Park project; and
WHEREAS, the Board of Trustees has reviewed the environmental assessment form in accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c); and
WHEREAS, the Board of Trustees has declared its intent to be Lead Agency in regards to the Scenic Hudson Riverwalk Park project.
NOW THEREFORE, BE IT RESOLVED that based upon review of the Environmental Assessment Form and all other materials that were prepared for the Proposed Action and in accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c), the Village Board of Trustees hereby determines that the development of the Scenic Hudson Riverwalk Park will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.
WHEREAS, the Board of Trustees for the Village of Tarrytown has reviewed the Short Environmental Assessment Form
WHEREAS, on August 4, 2008 five (5) bids for the Scenic Hudson RiverWalk Park project were received; and
WHEREAS, RGR Landscape Architects and Michael J. McGarvey, P.E., Village Engineer, have reviewed the bids and have recommended that the Board award the Scenic Hudson RiverWalk Park project to the lowest bidder, Bradhurst Site Construction Corporation.
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes award of a contract for the Scenic Hudson RiverWalk Park project to the lowest responsible bidder, Bradhurst Site Construction Corporation, 140 Bradhurst Avenue, Valhalla, New York 10595 per their bid of $4,487,207.00.
BE IT FURTHER RESOLVED that the Village Administrator is hereby authorized and directed to execute an agreement with Bradhurst Site Construction Corporation.
TAX ANTICIPATION NOTE RESOLUTION, DATED SEPTEMBER 15, 2008, AUTHORIZING THE ISSUANCE OF UP TO $4,000,000 AGGREGATE PRINCIPAL AMOUNT TAX ANTICIPATION NOTES OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, IN ANTICIPATION OF THE COLLECTION OF REAL ESTATE TAXES LEVIED IN AND FOR THE VILLAGE IN ITS FISCAL YEAR ENDING MAY 31, 2009 PURSUANT TO THE LOCAL FINANCE LAW
Trustee Zollo moved, seconded by Trustee McGee and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Village of Tarrytown (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, desires to issue tax anticipation notes in anticipation of the collection of real estate taxes levied in the Village’s for its fiscal year ending May 31, 2009; and
WHEREAS, $14,040,168.00 of such real estate taxes levied in the Village’s fiscal year ending May 31, 2009 have been collected as of the date hereof, leaving approximately $4,000,000 of such real estate taxes uncollected in such fiscal year; and
WHEREAS, no tax anticipation notes have been authorized or issued in anticipation of the collection of such real estate taxes in such fiscal years; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, AS FOLLOWS:
There are hereby authorized to be issued tax anticipation notes of the Village in the aggregate principal amount not to exceed $4,000,000, pursuant to the Local Finance Law, in anticipation of the collection of real estate taxes levied in and for the Village in its fiscal year ending May 31, 2009; provided, however, that no such notes shall be issued under this resolution at any time in any amount which exceeds the “cumulative cash-flow deficit” within the meaning of the applicable Internal Revenue Code regulations, with respect to such notes. Such notes shall be designated the “Village of Tarrytown, New York Tax Anticipation Notes, Series 2008” (the “Notes”).
BOND RESOLUTION, DATED SEPTEMBER 15, 2008, AUTHORIZING THE
ISSUANCE OF $35,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS
OF THE VILLAGE OF TARRYTOWN, NEW YORK, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION
OF VEHICLES IN AND FOR THE VILLAGE
Trustee Basher moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), located in Westchester County, in the State of New York (the “State”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of vehicles at a total estimated cost of $35,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $35,000 pursuant to the Local Finance Law, in order to finance costs of the acquisition of vehicles in and for the Village, including the acquisition of any equipment, machinery, apparatus, and land or rights-in-land, necessary therefor, and any preliminary and incidental costs related thereto (the “Project”).
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $35,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized herein; (d) the maturity of such serial bonds authorized herein shall not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within the class of the Project as set forth below for which proceeds of such 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 the capital financing of such item.
Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is five (5) years. The serial bonds authorized herein 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due.
Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the Journal Newspaper, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after
the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the
issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties
under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than one year prior to the date of adoption of this Resolution by the
Village.
Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement,
amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
Section 10. This Resolution is effective upon its adoption by the Board of Trustees.
BOND RESOLUTION, DATED SEPTEMBER 15, 2008, AUTHORIZING THE
ISSUANCE OF $115,650 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF
THE VILLAGE OF TARRYTOWN, NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION OF FIRE-
FIGHTING APPARATUS AND (II) THE ACQUISITION OF MACHIENRY AND
APPARATUS FOR CONSTRUCTION AND MAINTENANCE
Trustee Hoyt 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”), 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-fighting apparatus, including but not limited to turnout gear and bail out ropes & harnesses ($77,000) and (ii) the acquisition of machinery and apparatus for construction and maintenance, including but not limited to a dump truck and riding mower ($38,650), in and for the Village, in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $115,650 pursuant to the Local Finance Law, in order to finance the cost of the specific objects or purposes, including preliminary costs thereof, hereinafter described.
Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes 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, including but not limited to turnout gear and bail out ropes & harnesses and including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $77,000 for which $77,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first
issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The acquisition of machinery and apparatus for construction and maintenance, including but not limited to a dump truck and riding mower and including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $38,650 for which $38,650 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) 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 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; and
Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $115,650; (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 $115,650 proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the obligations authorized herein will be in excess of five (5) years.
Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due.
Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal Newspaper, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after
the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the
issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties
under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than one year prior to the date of adoption of this Resolution by the
Village.
Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement,
amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
Section 10. This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
BOND RESOLUTION, DATED SEPTEMBER 15, 2008, AUTHORIZING THE
ISSUANCE OF $1,748,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS
OF THE VILLAGE OF TARRYTOWN, NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF (I) THE
CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO VILLAGE
STREETS, (II) IMPROVEMENTS TO RIVERWALK PARK AND SHORELINE AND
(III) THE ACQUISITION OF MACHIENRY AND APPARATUS FOR
CONSTRUCTION AND MAINTENANCE IN AND FOR THE VILLAGE
Trustee Basher moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (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 construction, reconstruction and improvement to Village streets ($175,000) (ii) improvements to Riverwalk park and shoreline ($1,300,000) and (iii) the acquisition of machinery and apparatus for construction and maintenance, including but not limited to the acquisition of a sanitation truck, mason cab and chassis and a mason dump truck ($273,000) at a total estimated cost of $1,748,000, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $1,748,000 pursuant to the Local Finance Law, in order to finance the cost of the specific objects or purposes, including preliminary costs thereof, hereinafter described.
Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:
(a) The construction and reconstruction of improvements to Village streets, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $175,000 for which $175,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The acquisition, construction and reconstruction of Riverwalk Park shoreline and recreation area improvements for the Village, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $1,300,000 for which $1,300,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
(c) The acquisition of machinery and apparatus for construction and maintenance for the Village, including but not limited to the acquisition of a sanitation truck, mason cab and chassis and a mason dump truck and including any preliminary and incidental costs related thereto, at an estimated maximum cost of $273,000 for which $273,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such 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 issue of 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 $1,748,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $1,748,000 proceeds of the serial bonds or bond anticipation notes authorized herein; and (d) the obligations authorized herein will be in excess of five (5) years.
Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due.
Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal Newspaper, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after
the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the
issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties
under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than one year prior to the date of adoption of this Resolution by the
Village.
Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement,
amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
Section 10. This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
BOND RESOLUTION, DATED SEPTEMBER 15, 2008, AUTHORIZING THE
ISSUANCE OF $6,138,330 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS
OF THE VILLAGE OF TARRYTOWN, NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE (I) THE ADDITIONAL COSTS OF THE
CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE
VILLAGE HALL AND (II) THE CONSTRUCTION AND RECONSTRUCTION OF
IMPROVEMENTS TO THE PHENIX FIREHOUSE BATHROOM
Trustee McGovern moved, seconded by Trustee McGee and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (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 (i) the additional costs of the construction and reconstruction of improvements to the Village Hall ($6,118,330) and (ii) the construction and reconstruction of improvements to the Phoenix firehouse bathroom ($20,000) (collectively ‘the Project”), in accordance with the Local Finance Law;
WHEREAS, on September 10, 2001 the Board of Trustees of the Village adopted a serial bond resolution to finance the costs of the construction and reconstruction of the Village Hall in and for the Village in the amount of $4,290,000 and now hereby determines that the cost of the Project has increased by $6,118,330 to $10,048,330;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $6,138,330 pursuant to the Local Finance Law, in order to finance (i) the additional costs of the construction and reconstruction of improvements to the Village Hall ($6,118,330) and (ii) the costs of the construction and reconstruction of improvements to the Phoenix firehouse bathroom ($20,000), including the acquisition of any equipment, machinery, apparatus, and land or rights-in-land, necessary therefor, and any preliminary and incidental costs related thereto (collectively, the “Project”).
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $6,138,330; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as set forth in clause (c) of this section 2 as to the Public Improvement Serial Bonds, Series 2005A, previously issued by the Village under the 2001 Bond Resolution for the construction and reconstruction of improvements to the Village Hall;(c) the Board of Trustees of the Village plans to finance (i) the additional costs of the construction reconstruction and improvements to the Village Hall from the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized herein together with proceeds
of obligations not exceeding $10,048,330 authorized and issued under the previous bond resolution and (ii) the costs of the construction and reconstruction of improvements to the Phoenix firehouse bathroom from the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized herein; (d) the maturity of such serial bonds authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within the class of the Project as set forth below for which proceeds of such 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 the capital financing of such item.
Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 12(a)(1) 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 Finance Law) and that the period of probable usefulness of the Project is twenty-five (25) years. 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due.
Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in The Journal Newspaper, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after
the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the
issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties
under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than one year prior to the date of adoption of this Resolution by the
Village.
Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement,
amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
Section 10. This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
BOND RESOLUTION, DATED SEPTEMBER 15, 2008, AUTHORIZING THE
ISSUANCE OF $1,200,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS
OF THE VILLAGE OF TARRYTOWN, NEW YORK, PURSUANT TO THE LOCAL
FINANCE LAW, TO FINANCE THE COSTS OF THE IMPROVEMENTS TO
VILLAGE WATER SYSTEMS
Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees of the Village of Tarrytown (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 improvements to Village water systems in and for the Village, in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Tarrytown, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $1,200,000 pursuant to the Local Finance Law, in order to finance costs of the improvements to Village water systems in and for the Village, including the acquisition of any equipment, machinery, apparatus, and land or rights-in-land, necessary therefor, and any preliminary and incidental costs related thereto (the “Project”).
Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $1,200,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized herein; (d) the maturity of such serial bonds authorized herein may be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within the class of the Project as set forth below for which proceeds of such 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 the capital financing of such item.
Section 3. It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 1 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 issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
Section 4. Subject to the terms and conditions of this Resolution and the Local Finance Law, and pursuant to the provisions of Sections 21.00, 30.00, 50.00, 56.00 and 60.00, inclusive, of the Local Finance Law, the power to authorize bond anticipation notes in anticipation of the issuance of the serial bonds authorized by this Resolution and the renewal of such bond anticipation notes and the power to prescribe the terms, form and contents of such serial bonds and such bond anticipation notes authorized by this Resolution, and the power to issue, sell and deliver such serial bonds and bond anticipation notes are hereby delegated to the Village Treasurer, as the chief fiscal officer of the Village. The Village Treasurer is hereby authorized to execute on behalf of the Village all serial bonds issued
pursuant to this Resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk is hereby authorized to affix the seal of the Village to all such serial bonds and all such bond anticipation notes and to attest such seal. Each interest coupon, if any, representing interest payable on such serial bonds shall be authenticated by the manual or facsimile signature of the Village Treasurer.
Section 5. The faith and credit of the Village is hereby and shall be irrevocably pledged for the punctual payment of the principal of and interest on all obligations authorized and issued pursuant to this Resolution as the same shall become due.
Section 6. When this Resolution takes effect, the Village Clerk shall cause the same to be published together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law in the Journal Newspaper, a newspaper having a general circulation in the Village. The validity of the serial bonds authorized by this Resolution and of bond anticipation notes issued in anticipation of the sale of such serial bonds may be contested only if such obligations are authorized for an object or purpose for which the Village is not authorized to expend money, or the provisions of law which should be complied with as of the date of the publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty (20) days after
the date of such publication, or if such obligations are authorized in violation of the provisions of the Constitution of the State.
Section 7. Prior to the issuance of obligations authorized to be issued by this bond resolution, the Board of Trustees of the Village shall comply with all applicable provisions prescribed in Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder by the New York State Department of Environmental Conservation, and all applicable Federal laws and regulations in connection with environmental quality review relating to the Project (collectively, the “environmental compliance proceedings”). In the event that any of the environmental compliance proceedings are not completed, or require amendment or modification subsequent to the date of adoption of this bond resolution, the Board of Trustees of the Village will re-adopt, amend or modify this bond resolution prior to the
issuance of obligations authorized to be issued herein upon the advice of bond counsel. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The Village covenants for the benefit of the holders of the obligations authorized herein that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the facilities financed with the proceeds of such obligations which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”), (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties
under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or any facilities financed thereby if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the alternative minimum tax imposed on corporations by section 55 of the Code) or subject the Village to any penalties under section 148 of the Code. The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the bonds or any other provisions hereof until the date which is 60 days after the final maturity date or earlier prior redemption date thereof. The proceeds of any obligations authorized herein may be applied to reimburse expenditures or commitments of the Village made for such purpose on or after a date which is not more than one year prior to the date of adoption of this Resolution by the
Village.
Section 9. For the benefit of the holders and beneficial owners from time to time of the bonds and bond anticipation notes authorized pursuant to this resolution (the “obligations”), the Village agrees, in accordance with and as an obligated person with respect to the obligations, under Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule. In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement,
amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the obligations in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed, collectively, by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual
appropriation to meet costs the Village would be required to incur to perform thereunder. The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices. Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village. The Village Treasurer acting in the name and on behalf of the Village, shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other special counsel in determining whether a filing should be made.
Section 10. This Resolution is subject to a permissive referendum and will take effect upon the expiration of the period prescribed in the Village Law during which petitions for a permissive referendum may be submitted and filed with the Village Clerk.
ENVIRONMENTAL COMPLIANCE RESOLUTION TO MAKE FINDINGS
AND DETERMINATIONS
Trustee Basher moved, seconded by Trustee Butler and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, Michael J. McGarvey, P.E., Village Engineer and RGR Landscape Architects, a competent architectural and engineering firm, duly licensed by the State of New York (the “Architect and Engineer”), have, at the instance of the Board of Trustees of the Village of Tarrytown (the “Board of Trustees” and the “Village”, respectively), prepared engineering and architectural plans and studies and an estimate of the cost of the acquisition, construction, reconstruction of various public purposes in and for the Village and including any preliminary and incidental costs related thereto (the “Project”) and said engineering and architectural plans and studies have been filed in the office of the Village Clerk and are on file for public inspection; and
WHEREAS, the Board of Trustees has determined that upon the examination of an environmental assessment form (“EAF”) prepared by the Architect and Engineer, the Project is a “Type II action”, as that term is defined in 6 NYCRR §617.2(aj), and therefore the Village has caused the EAF to be prepared and promptly filed with the Village Clerk; and
WHEREAS, it is proposed that the maximum amount estimated to be expended for the Project in its entirety is $9,236,980 and that the costs of the Project is to be financed by the issuance of serial bonds of the Village pursuant to the Local Finance Law of the State of New York (the “LFL”) and if deemed advisable by the issuance of bond anticipation notes in anticipation of the issuance of said serial bonds; and
WHEREAS, it is proposed that the costs of the Project, as aforesaid, are to be paid from a tax levied upon all the taxable property in the Village in annual installments determined by the Board of Trustees in amounts sufficient to pay the principal of and interest on said bonds to be authorized in a bond resolution to be adopted by the Board of Trustees; and
WHEREAS, the evidence contained in such engineering and architectural plans and studies and in the EAF with respect to the Project permits the Board of Trustees to make the determinations hereinafter in connection with actions to be made for the purpose of authorizing the financing of the Project;
NOW THEREFORE, pursuant to proceedings prescribed in 6 NYCRR at §617 of the State Environmental Quality Review Act (“SEQRA”) regulations, BE IT RESOLVED, BY THE BOARD OF TRUSTEES OF THE VILLAGE OF TARRYTOWN, STATE OF NEW YORK, as follows:
Section 1. The Village, by and through its Board of Trustees, hereby declares and designates itself to be the “lead agency”, as that term is defined in 6 NYCRR §617.2(u), with respect to the continuing environmental review of the Project.
Section 2. Upon receipt and examination of the EAF it is hereby determined that the Project, as aforesaid, is a Type II action, as that term is defined in 6 NYCRR §617.2(aj).
Section 3. No agency other than the Village is involved in said environmental review and no coordinated review, segmentation of such review or scoping is necessary or required with respect to the Project.
Section 4. No hearing as set forth in 6 NYCRR §617.9(4) is required in making the determinations contained herein with respect to the costs of the Project.
Section 5. Taking into account the criteria set forth in 6 NYCRR §617.7(c) for determining significance of actions, upon review of all pertinent information, including taking a hard look at all the facts and circumstances, it is determined that the Project will not have a significant effect on the environment and no unidentified adverse effects are anticipated with respect thereto and is precluded from further review under the Environmental Conservation Law.
Section 6. It is hereby determined that for purposes of the SEQRA regulations the bond resolution to be adopted under the LFL to finance the Project shall not be or be deemed to be an “action”, as that term is defined in 6 NYCRR §617.2(b), until such bond resolution is approved by Board of Trustees of the Village.
Section 7. The Village shall maintain a file, readily accessible to the public, in the office of the Village Clerk, containing this resolution, and the EAF.
Section 8. This resolution shall take effect immediately upon its adoption by the Board of Trustees of the Village.
LIEUTENANTS BARGAINING UNIT AGREEMENT
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 hereby approves the agreement between the Village of Tarrytown and the United Federation of Police Officers, Inc. on behalf of the Tarrytown Lieutenants Bargaining Unit, Local 588 effective June 1, 2006 through May 31, 2008 at an annual increase of 4%.
RESOLUTION TO ADOPT LEAD AGENCY STATUS – ZONING AMENDMENTS
Trustee Butler moved, seconded by Trustee McGovern and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Board of Trustees is considering amendments to the Code of the Village of Tarrytown by amending Chapter 305, the Tarrytown Zoning Code; and
WHEREAS, the Board of Trustees is granted the legislative authority to adopt amendments to its Zoning Code; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown declares itself the Lead Agency on proposed amendments to the Tarrytown Zoning Code.
RESOLUTION – APPROVAL OF APPOINTMENT OF ROAD MAINTAINER/MEO - WILLIAM MCGUIRE
Trustee Basher moved, seconded by Trustee Zollo 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 William McGuire to the position of Road Maintainer/MEO effective September 22, 2008, at an annual salary of $57,416, Step 6, subject to all civil service rules and regulations.
RESOLUTION – APPROVAL OF APPOINTMENT OF MEO - HIGHWAY – PETER LOMBARDI
Trustee Hoyt moved, seconded by Trustee McGee 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 Peter Lombardi to the position MEO – Highway effective September 22, 2008, at an annual salary of $57,416, Step 6, subject to all civil service rules and regulations.
RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES
Trustee McGee moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown approves the following Fire Department personnel changes recommended at the August 19, 2008 Board of Fire Wardens meeting: Membership: Hipolito J. Guzman was approved to Active membership of Consolidated Engine Co.; Ronald C. Bucci was approved to Active membership of Phenix Hose Co.; Steven Brady transferred to out-of-town active status of Washington Engine Co.; Chris Murray was dropped from membership of Washington Engine Company; James Keesler was elected as 1st Lieutenant of Riverside Hose Co.; New Drivers: Andy Hofgartner approved as driver of Engine 80, Edgar Brennen of Engine 77 has successfully passed requirements for driver of Utility 61; Ryan Nyarady and Kevin Grubbs have completed all necessary
coursework and preparations for Fire Boat Five.
SCHEDULE A PUBLIC HEARING
Attorney Shumejda stated that there is a requirement that anytime a building permit is issued for a commercial building in the Village of Tarrytown that is secured normally, the owner must provide a key box very similar to what a realtor uses to show a house. It is a secured box that the Fire Department would have access to for emergency circumstances.
Trustee Basher moved, seconded by Trustee Zollo and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees does hereby schedule a
Public Hearing for the Board of Trustees meeting of October 6, 2008,
to hear and consider an amendment to Chapter 97 of the Tarrytown Zoning Code entitled “Building Construction” by adding Chapter 97-10. “Key Boxes for Commercial Buildings.”
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 2, 2008
Trustee McGovern moved, seconded by Trustee McGee 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 regular meeting of the Board of Trustees held on September 2, 2008, as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS NO. 001196 THROUGH NO. 001414
Trustee Basher moved, seconded by Trustee McGovern 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 audited vouchers No. 001196 through No. 001414, is hereby ordered paid in the following amounts as presented:
General $ 378,883.13
Water 18,431.46
Capital 24,891.25
Library 5,821.97
Trust & Agency 30,311.99
Total $ 458,339.80
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001273, 001376, 001377, 001378, and 001406 and Trustee Hoyt who abstained from Voucher Number 001285. Motion carried. 7-0
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried, that the meeting be adjourned at 8:31 p.m.
Carol A. Booth
Village Clerk
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