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Village Board of Trustees Minutes 07/20/2009
                                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 10
                                                        July 20, 2009  8:00 p.m.

PRESENT:  Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth

REPORTS

Trustee Basher reported on the following Police Department matters:

- Many firearm accidents result from an unauthorized individual, often a child, finding a loaded and unsecured firearm in the home.  The risk of firearm-related unintentional injuries or deaths can be significantly reduced when firearm owners handle firearms safely and store them in a secure manner.

The Office of Westchester County Clerk Timothy Idoni has made available, through funding from the State of New York and the County of Westchester, Master Lock Trigger Gun Locks which will fit most handguns, rifles and shotguns.  These locks, which are available to residents free of charge on a first come basis, can be obtained at the Tarrytown Police Department by contacting Detective Brian Byrnes at the Community Services Division 631-1505 Monday through Friday 8:00 a.m. to 4:00 p.m.

- On Tuesday, July 14, 2009, at approximately 8:30 p.m. Tarrytown Police Officers responded along with members of the Greenburgh Police Department SWAT Team and Hostage Negotiation Unit to a mutual aid call of a barricaded person with a gun in Sleepy Hollow in close proximity to the Tarrytown Village line.  Following assessment, the decision was made that in the interest of safety more than a dozen area residents would have to be evacuated for the duration of the incident.  Chief Brown contacted Ms. Francesca Spinner of the Neighborhood House of the Tarrytowns and requested their facility for use as a temporary emergency shelter.  Ms. Spinner responded from her home and she along with her husband offered shelter and comfort to residents who had been displaced.  On behalf of the entire Board of Trustees, we thank and appreciate Ms. Spinner and the Neighborhood House for their service and dedication to our community.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD. SPEAKERS HAVE  FIVE (5) MINUTES BEFORE YIELDING TO THE NEXT SPEAKER; THEN THREE (3) MINUTES
FOR ADDITIONAL COMMENTS

John Lynch, 10 Crest Drive, stated in response to the letter he received from Administrator Blau regarding the water meter reading device, he believes that they should
not be called water meter reading devices, but radiation-emitting devices, basically wireless antennas that work like cell phones.  He also believes that the Village of
Tarrytown does not have the constitutional right to endanger the health and welfare of his family by installing a radiation-emitting-device in or on his property, without at least the
full disclosure of possible harmful effects by such action and the expressed, informed consent of such action by the property owner.  Mr. Lynch sited the following from the
FDA Consumer Update on Mobile Phones:
- states that there is no proof that wireless phones are absolutely safe
- a few animal studies have suggested that low levels of RF (radio frequency) could
accelerate the development of cancer in laboratory animals.
- In England, some groups sponsored by other national governments have advised that
children be discouraged from using wireless phones at all.

Joan Dobson, 141 Wilson Park Drive, stated that she is speaking on behalf of the Tarrytown Ambulance Corp regarding the taxi cabs that have blocked the Ambulance
Corp. in.  In addition to the taxis, there is other traffic and the roads are very narrow.  There are three emergency services using these two roads and she asked the Board to
consider this issue seriously. Mayor Fixell stated that Administrator Blau will hold a meeting very soon to discuss a better alternative.  Trustee Hoyt stated that he witnessed
the problem with the taxis and he would like to attend the meeting.

Michael Farley, Captain of TVAC, 21 Neperan Road, stated the following regarding the taxis:
- When we respond to an alarm, the parking lot is sometimes not immediately
accessible and can cause a time lapse.
- The cab drivers sometimes are milling around, sometimes have their car doors open and
we run the risk of hitting them when we are rushing to get out to a call.

Lori Semeraro, 205 Martling Avenue, stated the following:
- She believes the taxi issue is a problem because the two lane road now has taxi cabs parked on one side and parked cars on the other side.  Now traffic from both directions has access to only one
lane.  This problem has delayed patient care.  Administrator Blau stated that he will schedule a meeting very soon and solve this problem.   Ms. Semeraro stated “every minute you wait, is a
minute that you injure somebody else.”
- She stated that the public was not notified before Yankee Parking began.   She had been stopped by the parking attendants and was asked for $8.00.  Mayor Fixell stated that it was improperly
done because residents should not be charged.   Administrator Blau has already worked this out with the parking company.  

Felix Lantigua, 42 Pocantico Street, Sleepy Hollow, stated that the new taxi pick up area has caused conflicts with the Ambulance Corp, the Fire Department and the Police
Department.  “We seem to be in everybody’s way.”  In addition, we are out in the sun with no shade and no bathroom facility.  Mayor Fixell stated that Administrator Blau will hold
a meeting very soon and include someone from the taxi companies, the Ambulance Corp, the Fire Department and the Police Department and resolve this situation.

BOND RESOLUTION, DATED JULY 20, 2009, AUTHORIZING THE ISSUANCE OF UP TO $64,230 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF VARIOUS MOTOR VEHICLES FOR THE VILLAGE.

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”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the acquisition of motor vehicles for the Village, including any equipment, machinery, and apparatus necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $64,230, all in accordance with the Local Finance 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.  There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $64,230, pursuant to the Local Finance Law, in order to finance costs of the acquisition of various motor for the Village, including any applicable equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto (the “Project”).

        Section 2.  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 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 $64,230; (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 authorized herein, or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized herein may not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital
financing of such item.

BOND RESOLUTION, DATED JULY 20, 2009, AUTHORIZING THE ISSUANCE OF UP TO $2,762,160 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS
OF (I) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF SURFACE DRAINAGE IMPROVEMENTS AND (II) THE ACQUISITION,
CONSTRUCTION AND RECONSTRUCTION OF WATER SYSTEM IMPROVEMENTS, ALL IN AND FOR THE VILLAGE.

Trustee McGee 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”), hereby determines that it is in the public interest of the Village to authorize the financing of the
costs of (i) the acquisition, construction and reconstruction of surface drainage improvements ($849,660) and (ii) the acquisition, construction and reconstruction of water
system improvements ($1,912,500), all in and for the Village, including any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any
preliminary and incidental costs related thereto, at a total cost not to exceed $2,762,160, all in accordance with the Local Finance 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.  There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $2,762,160, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.

        Section 2.  The specific objects or purposes, or class of objects or    purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized herein for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:

        (a)  The acquisition, construction and reconstruction of surface drainage improvements in and for the Village, including any applicable equipment,      machinery and apparatus, land and rights-in-land necessary therefor and any incidental and preliminary costs related thereto, at an estimated   maximum cost of $849,660, for which $849,660 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of 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; and

        (b) The acquisition, construction and reconstruction of water system improvements in and for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and any incidental and preliminary costs related thereto, at an estimated maximum cost of $1,912,500, for which $1,912,500 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of forty (40) years pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of 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 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $2,762,160; (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 authorized herein, or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations 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 an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.

BOND RESOLUTION, DATED JULY 20, 2009, AUTHORIZING THE ISSUANCE OF UP TO $1,433,100 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS
OF (I) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF VILLAGE ROADS, (II) THE RECONSTRUCTION OF SEWER MAINS, (III) THE
ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF PARK IMPROVEMENTS AND (IV) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION
AND MAINTENANCE, ALL IN AND FOR THE VILLAGE.

Trustee Zollo 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”), Hereby determines that it is in the public interest of the Village to authorize the financing
of the costs of (i) the acquisition, construction and reconstruction of Village roads ($153,000), (ii) the reconstruction of sewer mains ($132,600), (iii) the acquisition,
construction and reconstruction of park improvements ($744,600) and (iv) the acquisition of machinery and apparatus for construction and maintenance ($402,900), all in and for
the Village, including any equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost
not to exceed $1,433,100, all in accordance with the Local Finance 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.  There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $1,433,100, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.

        Section 2.  The specific objects or purposes, or class of objects or    purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized herein for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of         paragraph a of Section 11.00 of the Local Finance law, are as follows:

        (a)  The acquisition, construction and reconstruction of Village roads in and
for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and any incidental and preliminary costs related thereto, at an estimated maximum cost of $153,000, for which $153,000 principal amount of serial bonds, or bond anticipation notes issued in anticipation 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 reconstruction of sewer mains for the Village, including any applicable equipment, machinery and apparatus necessary therefor and any incidental and preliminary costs related thereto, at an estimated maximum cost of $132,600, for which $132,600 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of 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, construction and reconstruction of park improvements in and for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and any incidental    and preliminary costs related thereto, at an estimated maximum cost of $744,600, for which $744,600 principal amount of serial bonds, or bond anticipation notes issued in anticipation 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

        (d) The acquisition of machinery and apparatus for construction and maintenance for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and    any incidental and preliminary costs related thereto, at an estimated maximum cost of $402,900, for which $402,900 principal amount of serial bonds, or bond anticipation notes issued in anticipation 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 $1,433,100; (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 authorized herein, or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations 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 an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.

BOND RESOLUTION, DATED JULY 20, 2009, AUTHORIZING THE ISSUANCE OF UP TO $379,440 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS
OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE FIREHOUSES.

Trustee Basher moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustee Hoyt.  Approved 6-0

        WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), hereby determines 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 firehouses, including any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $379,440, all in accordance with the Local Finance 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.  There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $379,440, pursuant to the Local Finance Law, in order to finance costs of the acquisition, construction and reconstruction of improvements to the Village firehouses, including any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related
thereto (the “Project”).

        Section 2.  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 and that the period of probable usefulness of the Project is twenty-five (25) years (such buildings being of “Class A” construction as that
term is defined in Section 11.00 of the Local Finance Law).  The serial bonds authorized herein shall have a maximum maturity of twenty-five (25) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first bond anticipation notes issued in anticipation of the issuance of such serial bonds.

        Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $379,440; (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 authorized herein, or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations 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 an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.

BOND RESOLUTION, DATED JULY 20, 2009, AUTHORIZING THE ISSUANCE OF UP TO  $721,650 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN,  COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION AND REPLACEMENT OF TRAFFIC SIGNALS AND (II) THE ACQUISITION OF FIRE-FIGHTING VEHICLES AND APPARATUS, 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”), hereby determines that it is in the public interest of the Village to authorize the financing of the costs of (i) the acquisition and replacement of traffic signals ($45,900) and (ii) the acquisition of fire-fighting vehicles and apparatus ($675,750), for the Village, including any equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $721,650, all in accordance with the Local Finance 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. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $721,650, pursuant to         the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.

        Section 2.  The specific objects or purposes, or class of objects or    purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized herein for probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:

        (a) The acquisition and replacement of traffic signals, including any applicable equipment, machinery and apparatus necessary therefor and any preliminary and incidental costs related thereto, at an estimated maximum cost of $45,900, for which $45,900 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

        (b) The acquisition of fire-fighting vehicles and apparatus for the Village, including any applicable equipment, machinery and apparatus necessary therefor and any incidental and preliminary costs related thereto, at an estimated maximum cost of $675,750, for which $675,750 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of twenty (20) years pursuant to subdivision      27 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of twenty (20) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first 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 $721,650; (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 proceeds of the serial bonds authorized herein, or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations 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 an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize capital financing of such item.

BOND RESOLUTION, DATED JULY 20, 2009, AUTHORIZING THE ISSUANCE OF UP TO $229,500 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF TARRYTOWN, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF HVAC  IMPROVEMENTS, (II) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF A SALT SHED AND (III) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF SIDEWALKS AND CURBS, ALL IN AND FOR THE VILLAGE.

Trustee McGovern moved, seconded by Trustee Basher, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, the Board of Trustees of the Village of Tarrytown (the “Village”), hereby determines that it is in the public interest of the Village to authorize the  financing of the  costs of (i) the acquisition, construction and reconstruction of HVAC improvements ($20,400), (ii) the acquisition, construction and reconstruction of a salt shed ($81,600),  and (iii) the acquisition, construction and reconstruction of sidewalks and curbs  ($127,500), all in and for the Village, including any equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total cost not to exceed $229,500, all in accordance with the Local Finance
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. There is hereby authorized to be issued serial bonds of the Village in the aggregate principal amount of up to $229,500, pursuant to the Local Finance Law, in order to finance costs of the specific objects or purposes hereinafter described.

        Section 2. The specific objects or purposes, or class of objects or purposes, to be financed pursuant to this bond resolution (collectively, the “Project”), the respective estimated maximum cost of such specific object or purpose, or class of object or purpose, the principal amount of serial bonds authorized herein for such specific object or purpose, or class of object or purpose, and the period of probable usefulness of such specific object or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:

        (a)  The acquisition, construction and reconstruction of HVAC improvements in and for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and any incidental and preliminary costs related thereto, at an estimated maximum cost of $20,400, for which $20,400 principal amount of serial      bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law (such building being of “Class A” construction as that term is defined in 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, construction and reconstruction of a salt shed in and     for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and any incidental and preliminary costs related thereto, at an estimated maximum cost of $81,600, for which $81,600 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 12(a)(3) of paragraph a of Section 11.00 of the Local Finance Law (such building being of “Class C” construction as that term is defined in 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

        (c) The acquisition, construction and reconstruction of sidewalks and curbs in and for the Village, including any applicable equipment, machinery and apparatus, land and rights-in-land necessary therefor and any incidental  and preliminary costs related thereto, at an estimated maximum cost of $127,500, for which $127,500 principal amount of serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 24 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 $229,500; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds authorized herein, or bond anticipation notes issued in anticipation of such serial bonds; (d) the maturity of the obligations 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 an object or purpose, or class of object or purpose, set forth herein, for which proceeds of obligations are to be applied to reimburse the Village, the Board of Trustees of the Village took “official         action” for federal income tax purposes to authorize capital financing of such item.

RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES

Trustee Zollo 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 following Fire Department personnel changes recommended at the June16, 2009 Board of Fire Wardens meeting:  Membership:  James Riley and John Kelly transferred from Riverside Hose to Conqueror Hook & Ladder  Drivers:  Jeffrey Dunning and Andrew Hofgartner have passed as drivers for Ladder 37.

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the following Fire Department personnel changes recommended at the May 19, 2009 Board of Fire Wardens meeting:  Membership: Raymond Tuohy transferred from Hope Hose to Washington Engine and Andrew Hofgartner transferred from Riverside Hose to Conqueror Hook & Ladder.

APPOINTMENT OF ADMINISTRATIVE INTERN – JAIMIE NINAN

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 approves the part-time appointment of Jaimie Ninan as Administrative Intern at an hourly rate of $15.00 effective July 27, 2009 for a one-year term.  Said appointment is subject to all applicable civil service rules and regulations.

SEQR – TRI-AGENCY SHARED SERVICES FEASIBILITY STUDY FOR RECREATION AND PARKS

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 declares itself Lead Agency for the Tri-Agency Shared Feasibility Services Study for Recreation and Parks; and

BE IT FURTHER RESOLVED that the Board of Trustees for purposes of Article 8 of the Environmental Conservation Law hereby adopts a Negative Declaration with respect to the Tri-Agency Shared Services Feasibility Study for Recreation and Parks.

GRANT AGREEMENT – PIERSON PARK WETLAND HABITAT RESTORATION AND ENVIRONMENTAL PLAY AREA

Trustee Basher 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 authorizes and directs the Village Administrator to enter into a grant agreement between the Village of Tarrytown and the U.S. Deptartment of Agriculture/Natural Resources Conservation Service.  The Natural Resources Conservation Service agrees to provide an amount of $167,000 to be used for the Pierson Park Wetland Habitat and Environmental Play area restoration projects.  This agreement is effective through July 30, 2010.

AGREEMENT – STATE FUNDING – HUDSON RIVER WATERFRONT PARKS REDEVELOPMENT PROJECT

Trustee Butler 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 authorizes and directs the Village Administrator to enter into an agreement with the Department of State for funding from the Environmental Protection Fund, Local Waterfront Revitalization Program. The project includes public access improvements to two contiguous parks – Pierson Park and RiverWalk Park and the grant totals $2,370,000.

PARKING MANAGEMENT AGREEMENT – PROPARK, INC.

Trustee Zollo 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 authorizes and directs the Village Administrator to enter into an agreement with ProPark Inc. for a two year period, which will terminate June 30, 2011 for the purpose to operate parking operations in the three commuter parking lots adjacent to the Metro North Railroad Station.

TEMPORARY EASEMENT AGREEMENT – MTA AND METRO-NORTH

Trustee Zollo 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 authorizes and directs the Village Administrator to enter into a temporary easement agreement between the Village of Tarrytown, Metropolitan Transportation Authority (MTA) and Metro-North Commuter Railroad Company.  The term of the Temporary Easement shall be for a period commencing on June 1, 2009 and ending July 31, 2012.

INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY – TRACS

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 authorizes and directs the Village Administrator to enter into an agreement among the Westchester County Department of Public Safety, the New York State Police and the Village of Tarrytown for the use of the TraCS software at no cost to the Village.

SUMMER CAMP EMPLOYMENT – AMENDMENT

Trustee Hoyt 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 approves an amendment to the 2009 summer day camp employment schedule as submitted by the Recreation Supervisor to support the expansion of the day camp to handle additional children who had attended the Day Camp operated by the Boys and Girls Club in 2008, which shall be attached to the minutes of this meeting as part of the official record.  

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON JUNE 15, 2009

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 minutes of the regular meeting of the Board of Trustees held on June 15, 2009 as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 000226 THROUGH NO. 000624

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 Voucher Numbers 000226 through Numbers 000624 and is hereby ordered paid in the following amounts as presented by the Village Treasurer:

                General                      $ 785,772.68
                Water                                  92,105.11
                Capital                         593,262.47
                Library                                44,856.69
                Trust & Agency                   8,117.57
           Total                                   $1,524,114.52
                     
The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000274, 000328, 000329, 000406, 000407, and 000435, and Trustee Hoyt who abstained from Voucher Number 000607, and Mayor Fixell who abstained from Voucher Number 000596, and Trustee Basher who abstained from Voucher Numbers 000449 and 000597.  Motion carried.  7-0

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Basher and unanimously carried, that the meeting be adjourned at 8:53 p.m.



Carol A. Booth
Village Clerk