Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · November 16, 2016
Agenda
O¿
AGENDA
NOVEMBER 16. 2OI6
BOARD OF TRUSTEES
VILLAGE OF BRIARCLIFF MANOR, NEW YORK
REGULAR MEETING - 8:00PM
Board of Trustees Announcements
Village Managers Report
Public Comments
1. Public Hearing to Amend the Special Use Permit for St. Theresa's Church
2. Election Resolution for Annual Village Election 2017
3. Authorize Village Manager to Execute an Amendment to an Agreement with
New York State Department of Transportation to Adjust the Snow and lce
Agreement for 2015-201 6
4. Minutes
. October 19,2016 Regular Meeting
. October 26,2016 Special Meeting
THE NEXT REGULAR BOARD OF TRUSTEES MEETING WILL BE
DECEMBER 7, 2016 AT 8:00PM
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
NOVEMBER 16, 2016
2, ELECTION RESOLUTION FOR ANNUAL VILLAGE ELECTION 2017
(MUST BE PUBLTSHED BY 11t21t16)
BE lT RESOLVED that the annual Village Election will be held in the
Village of Briarcliff Manor on Tuesday, March 21,2017 between the hours
of 6:00am and 9:00pm during which the polls will be open.
BE lT FURTHER RESOLVED that the following Village Offices are to be
elected at the annual Village Election of March 21,2017 for the terms as
set forth herein:
Office Term
Mayor 2 Years
Trustee (2) 2 Years
Village Justice 4 Years
VILLAGE OF BRIARCLIFF MANOR
BOARD OF TRUSTEES AGENDA
NOVEMBER 16, 2016
3. AUTHORIZE VILLAGE MANAGER TO EXECUTE AN AMENDMENT TO
AN AGREEMENT WITH NEW YORK STATE DEPARTMENT OF
TRANSPORTATION TO ADJUST THE SNOW AND ICE AGREEMENT
FOR 2015-2016
BE lT RESOLVED that the Village Manager is hereby authorized and
directed to execute an agreement with the New York State Department of
Transportation to amend the lndexed Lump Sum Municipal Snow and lce
Agreement for the period from July 1,2015 through June 30, 2016.
$:ø1 ô
AMENDMENT B
Contract # Cur¡ent Ext Season Resion #
D0 I 4708 VILLAGE OF BzuARCLIFF MANOR 20t5l16 8
Beginning Date of Contract Period t/U200t Ending Contract Period 6130120t6
AMENDMENT TO CHANGE THE ESTIMATED EXPENDITURE
F'OR SNOW & ICE AGREEMENT
Due to the severity of the winter duiing 2015116 the MTINICIPALITY requests that the
Municipal Snow and Ice Agreement estimated expenditure be revised to reflect the additional
lane miles of state roads that were plowed/treated during the winter season. All the terms and
conditions of the original contract extension remain in effect except as follows:
ADDITIONAL S&I OPERATIONS
S&I LM Pay I Originrl Estimated
J-Mile Base l5/16 JMiles 15116 LM Index Adjustment 2
Base Factor Expenditure
s0,634 56,976 590 659 1.007 $s,l 89.s3 $36.33
Pay Factor ': (15/16 J-MileV(15i16 LM))(J-Mile Rase/S&I LM Base)
Index Adjustment'?: (Original Estimated Expenditure * Pay Factor 1) - Original Estinated Expenditure
TOTAL REVISED ESTIMATED EXPENDITURE
Original Estim¡ted Expenditure Index Adjustment 2 Rev. Est Expenditure 3
$5, I 89.53 $36.33 $5,225 86
Revised Estimated Expenditure
3 : Original Estimated Expenditure + Index Adjustment 2
IN WITNESS WHEREOF, this agreement has been executed by the State, acting by and through
the duly authorized representative of the COMMISSIONER OF TRANSPORTATION and the
MUNICIPALITY, which has caused this Agreement to be executed by its duly authorized ofhcer
on the date and year first written in the original contract extension.
Agency Certification Contract No. D014708
"In addition to the acceptance of this contract, I also certify that original copies of this signature
page will be attached to all other exact copies of this contract."
THE PEOPLE OF THE STATE OF NEW YORK MI-TNICIPAL'TY
BY BY
For Commissioner of Transportation
ATTORNEY GENERAL'S SIGNATURE COMPTROLLER'S SIGNATURE
Dated Dated
STATE ON NEW YORK )
)SS
COUNTY OF )
On the day of in the year _ before me personally came
to me known who, being by me duly sworn, did depose and say that (s)he
resides in , New York; that (s)he is the
of the municipality described in and which executed the above
instrument; that (s)he executed said instrument by order of the Governing Body of said municipality pursuant to a
resolution which was duly adopted on a certified copy ofsuch
resolution attached hereto and made a part hereof.
Notary Public
Village Board of Trustees
Regular Meeting
October 19,2016
8:00 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held in the Village of Briarcliff Manor Village Hall, at 1111
Pleasantville Road, Briarcliff Manor, New York on the 19th of October, 2016
commencing at 8:00 p.m.
Present
LoriA. Sullivan, Mayor
Cesare DeRose, Jr. Trustee
Bryan Zirman, Trustee
Absent
Mark Pohar, Deputy Mayor
Mark L. Wilson, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Edward Ritter, Village Treasurer
Villaqe Annual Auditor's Report FY 15-16
Mr. Chris Kopf gave an overview of the Village's financial statement and stated
the Village received an unmodified opinion, which was the highest rating.
The Board thanked Mr. Kopf for his presentation
V¡I laoe Man ãd ers Flenorf - Encl of r Budoet Presentation FY l5-16
Village Manager Zegarelli presented an End of Year synopsis for FY 15-16
The Board thanked Village Manager Zegarelli and Village Staff for staying within
the budget and remaining fiscally conservative.
Board of Trustees Announcements
. The Ragamuffin Parade will be on October 29th.
. The Advisory Committees will be finalized next week. Thank you to all
that have volunteered their time.
Public Gomments
There were no public comments
1
Bond Resolutions
The resolutions were tabled to the next meeting
Authorize Villaqe Manaqer to Execute a Supplement to a Sewer Easement
Aqreement
Upon motion by Trustee DeRose, seconded by Trustee Zirman, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED that the Village Manager is hereby authorized and directed to
execute a Supplemental Easement Agreement with Govind Gupta and Surbhi
Agarual of 8 Jackson Road, Briarcliff Manor, NY.
Board Appointment
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby appoints Brian Weinstein as a Zoning Board Member for a term to expire
on the first Monday of April2020.
Authorize Villaqe Manaqer to Extend the Valet Parkinq Services Aqreement
ior 2017
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
WHEREAS the Valet Parking Services for the Scarborough Station was awarded
on December 3, 2014 to ProPark America for a two year period commencing on
January 1,2015 and ending on December 31 ,2016 with an optional third year
extension; and
WHEREAS the Village wishes to exercise their right to extend the agreement for
a third year with a 2o/o increase as provided for in the December 3, 2014
resolution;
NOW, THEREFORE, BE lT RESOLVED that the valet parking services at
Scarborough Station is hereby extended with ProPark America as per its
proposal of $9,180.00 per month for a period of one (1) year commencing
January 1, 2017 , and expiring on December 31 , 2017; and
BE lT FURTHER RESOLVED that the Village Manager is hereby authorized and
directed to execute an extension to the contractual agreement with ProPark
America for valet parking services at the Scarborough Station to cover such
2
period of time with such terms and conditions in keeping with the revised RFP
and the provisions of Pro Park's proposal.
Fire Department Membership
The Board thanked Mr. Curtis for volunteering and stated there was a noticeable
increase in the Fire Department membership.
Upon motion by Trustee DeRose, seconded by Trustee Zirman, the Board voted
unanimously to approve the following resolution:
BE lT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the membership of Ryan Curtis to the Briarcliff Manor Fire
Company.
Minutes
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the minutes of October 5,2016.
Adiournment
The Board announced that there would be a Work Session and Special Meeting
on October 26,2016 beginning at 7:00pm and 8:00pm.
Upon motion by Trustee DeRose seconded by Trustee Zirman, the Board voted
unanimously to adjourn the meeting at 8:48pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
a
J
Village Board of Trustees
Special Meeting
October 26,2016
8:00 p.m.
The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held in the Village of Briarcliff Manor Village Hall, at 1111
Pleasantville Road, Briarcliff Manor, New York on the 26th of October, 2016
commencing at 8:00 p.m.
Present
LoriA. Sullivan, Mayor
Mark Pohar, Deputy Mayor
Cesare DeRose, Jr. Trustee
Mark L. Wilson, Trustee
Bryan Zirman, Trustee
AIso Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Resolution on Borrowinq Under Bond Resolutions
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution as amended:
WHEREAS, the Board of Trustees adopted a Capital Budget for 2016-2017 by
Resolution adopted September 28,2016; and
WHEREAS, in furtherance of implementation of Village's Capítal Budget
projects the Board of Trustees anticipates adopting at the same meeting as this
Resolution a set of 4 Resolutions authorizing the issuance of:
A. Up to $566,610 aggregate principal amount serial bonds to
finance the costs of (i) the acquisition of communícations systems, (ii) the
acquisition, construction and reconstruction of improvements to Village
Hall, and (iii) the acquisition of computer systems, all in and for the
Village;
1
B. Up to $2,362,028 aggregate principal amount serial bonds to
finance the costs of (i) the acquisition, construction and reconstruction of
improvements to Village roads, (ii) the acquisition of machinery and
apparatus for construction and maintenance, and (iii) the acquisition,
construction and reconstruction of improvements to parks and recreation
areas, all in and for the Village;
C. Up to $73,440 aggregate principal amount serial bonds to finance
the costs of the acquisitíon of fire-fighting apparatus and equipment for
the Village;
D. Up to $237,150 aggregate principal amount serial bonds to
finance the costs of the acquisition and installation of lighting and gas
improvements in and for the Village (A, B, C, and D collectively "Bond
Resolutions"); and
WHEREAS, consistent with New York State Local Finance Law Sectíon 30, the
Bond Resolutions delegate to the Village Treasurer, as chief fiscal officer of the
Village, "the power to authorize the serial bonds authorized herein, and bond
anticipation notes in anticipation of the issuance of such serial bonds, including
renewals thereof, the power to prescribe the terms, form and contents of such
serial bonds and such bond anticipation notes, and the power to issue, sell and
delíver such serial bonds and such bond anticipation notes" subject to the terms
and conditions of the Bond Resolutions and Local Finance Law Sections 21.00,
30.00, 50.00 and 56.00 to 60.00, inclusive, among other things; and
WHEREAS, during Board of Trustees' review of the Capital Budget, the Village
Treasurer and the Village Manager in that capacity and as Budget Officer laid
out their expectation to finance the Capital Projects serially and in stages and to
evaluate and actually decide on the extent and form of financing to be used as
each project or stage is considered; and
2
WHEREAS, the Board of Trustees desires to keep the Village's borrowing to
the lowest amount practicable;
NOW THEREFORE, BE IT
RESOLVED, that before the Village Treasurer initiates any borrowing by Bond
Anticipation Notes, Serial Bonds, or any other process under the Bond
Resolutions, the Village Treasurer and the Village Manager in that capacity and
as Budget Officer shall report to the Board of Trustees on: (i) the Village
Treasurer's intent to borrow, and (ii) an evafuation and comparison of the
impacts of the intended borrowing, any available borrowing alternative, and
direct payment from Village revenues and fund balance; and be it further
RESOLVED, that nothing contained in these Resolutions is or should be
construed as any limitation on the authority to bond or the authority delegated to
the Village Treasurer under the Bond Resolutions.
Bond Resolutions
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to approve the following resolution:
Trustee DeRose Aye
Trustee Wilson Aye
Deputy Mayor Pohar Aye
Trustee Zirman Aye
Mayor Sullivan Aye
A. BOND RESOLUTION, DATED OCTOBER 26, 2016,
AUTHORIZING THE ISSUANCE OF UP TO $566,610
AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF BRIARCLIFF MANOR, COUNTY OF
WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FTNANCE LAW, TO FTNANCE THE COSTS OF (r) THE
ACQU|S|TTON OF COMMUNTCATTONS SYSTEMS, (il) THE
ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF
TMPROVEMENTS TO VTLLAGE HALL, AND (¡il) THE
ACQUISITION OF COMPUTER SYSTEMS, ALL IN AND FOR THE
VILLAGE.
I
J
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the
"Village"), located in the County of Westchester, in the State of New York (the
"State"), hereby determines that it is in the public interest of the Village to authorize
the financing of the costs of (i) the acquisition of communication systems
($107,610), (ii) the acquísition, construction and reconstruction of improvements to
Village Hall ($408,000), and (iii) the acquisition of computer systems ($51,000), all
in and for the Village, including any applicable equipment, machinery, apparatus,
land or rights-in-land necessary therefor and any preliminary and incidental costs
related thereto, at a total cost not to exceed $566,610, all in accordance with the
Local Finance Law;
NOW, THEREFORE, BE lT RESOLVED by the Board of Trustees of the
Village of Briarcliff Manor, 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 $566,610, 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:
4
(a) The acquisition of communications systems for the Village, including
any preliminary and incidental costs related thereto, at an estimated maximum cost
of $107,610, for which $107,610 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 25 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 seríal 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 improvements to
Village Hall, including any applicable equipment, machinery, apparatus, land or
rights-ín-land necessary therefor and any preliminary and incidental costs related
thereto, at an estimated maximum cost of $408,000, for which $408,000 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 ten (10) years pursuantto 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
5
(c) The acquisition of computer systems for the Village, including any
preliminary and incidental costs related thereto, at an estimated maximum cost of
$51,000, for which $51,000 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 ten (10) years
pursuant to subdivision 81(a) of paragraph a of Section 1 1.00 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.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $566,610; (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 from the
proceeds of 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 costs of the Project
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 capital financing of such item.
Section 4. Subject to the terms and conditions of this bond
resolution and the Local Finance Law, including the provisions of Sections 21.00,
30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial
6
bonds authorized herein, and bond anticipation notes in anticipation of the
issuance of such serial bonds, including renewals thereof, the power to prescribe
the terms, form and contents of such serial bonds and such bond anticipation
notes, and the power to issue, sell and deliver such serlal bonds and such 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 authorized herein 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 (or attach a
facsimile thereof) on all such serial bonds and 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. Each of the serial bonds authorized by this bond
resolution and any bond anticipatíon notes issued in anticipation of the issuance of
such serial bonds shall contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. The faith and credit of the Village is hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued pursuant to this bond resolution as the
same shall become due.
Section 6. When thís bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
7
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized
herein, 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"). ln 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 the obligations authorized herein
upon the advice of bond counsel. lt is hereby determined by the Board of
Trustees of the Village that the Project will not have a significant effect on the
envíronment.
8
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, 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 authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
9
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 notíces. 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 and shall be entitled to rely
upon any legal advice provided by the Village Attorney or such bond counsel or
other qualified independent special counsel in determining whether a filing should
be made.
Section 10. This bond resolution is subject to a permissive
referendum and will take effect upon its adoption by the Board of Trustees of the
Village and the expiration of the period prescribed in the Village Law during
which petitions for a permissive referendum may be submitted and filed with the
Village Clerk.
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to approve the following resolution:
Trustee DeRose Aye
Trustee Wilson Aye
Deputy Mayor Pohar Aye
Trustee Zirman Aye
Mayor Sullivan Aye
10
B. BOND RESOLUTION, DATED OCTOBER 26, 2016,
AUTHORIZING THE ISSUANCE OF UP TO $2,362,028
AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF BRIARCLIFF MANOR, COUNTY OF
WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FTNANCE LAW, TO FTNANCE THE COSTS OF (t) THE
ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF
TMPROVEMENTS TO VTLLAGE ROADS, (il) THE ACQU|STTTON
OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND
MATNTENANCE, AND (ilt) THE ACQU|S|T|ON, CONSTRUCTTON
AND RECONSTRUCTION OF IMPROVEMENTS TO PARKS AND
RECREATION AREAS, ALL IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the
"Village"), located in the County of Westchester, 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, construction and reconstruction of
improvements to Village roads ($928,200), (ii) the acquisition of machinery and
apparatus for construction and maintenance ($sZt ,200), and (iíi) the acquisition,
construction and reconstruction of ímprovements to parks and recreation areas
($862,628), all in and for the Village, including any applicable equipment,
machinery, apparatus, land or rights-in-land necessary therefor and any preliminary
and incidental costs related thereto, at a total cost not to exceed $2,362,028, all in
accordance with the Local Finance Law;
NOW, THEREFORE, BE lT RESOLVED by the Board of Trustees of the
Village of Briarcliff Manor, 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 $2,362,028, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
11
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 1 1 .00 of the Local Finance law, are as follows:
(a) The acquisition, construction and reconstruction of improvements to
Village roads, including any applicable equipment, machinery, apparatus, land or
rights-in-land necessary therefor and any preliminary and incidental costs related
thereto, at an estimated maximum cost of $928,200, for which $928,200 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 acquisition of machinery and apparatus for construction and
maintenance, including any prelíminary and incidental costs related thereto, at an
estimated maximum cost of $571,200, for which $571,200 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
t2
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; and (c) The acquisition,
construction and reconstruction of improvements to parks and recreation areas,
including any applicable equipment, machinery, apparatus, land or rights-in-land
necessary therefor and any preliminary and íncidental costs related thereto, at an
estimated maximum cost of $1,232,928, for which $862,628 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.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $2,732,328;
(b) no money has heretofore been authorized to be applied to the payment of the
costs of the Project; (c) the Board of Trustees of the Village plans to finance the
costs of the Project from (i) the proceeds of the serial bonds authorized herein, or
from the proceeds of bond anticipation notes issued in anticipation of such serial
bonds and (ii) certain grants and insurance funds; (d) the maturity of the obligations
authorized herein may be in excess of five (5) years; and (e) on or before the
l3
expenditure of moneys to pay for any costs of the Project 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 capital
financing of such item.
Section 4. Subject to the terms and conditions of this bond
resolution and the Local Finance Law, including the provisions of Sections 21.00,
30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial
bonds authorized herein, and bond anticipation notes in anticipation of the
issuance of such serial bonds, including renewals thereof, the power to prescribe
the terms, form and contents of such serial bonds and such bond anticipation
notes, and the power to issue, sell and deliver such serial bonds and such 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 authorized herein 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 (or attach a
facsimile thereof) on all such serial bonds and 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. Each of the serial bonds authorized by this bond
resolution and any bond anticipation notes issued in anticipation of the issuance of
such serial bonds shall contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. The faith and credit of the Village is hereby and shall be
t4
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued pursuant to this bond resolution as the
same shall become due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligatíons are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized
herein, 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"). ln the event that any of the
l5
environmental compl¡ance 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 the obligations authorized herein
upon the advice of bond counsel. lt 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 proceeds of
any obfigations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, 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. ln 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
l6
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 authorized herein ín accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantíally 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 and shall be entitled to rely
upon any legal advice provided by the Village Attorney or such bond counsel or
other quafified independent special counsel in determining whether a filing should
be made.
t7
Section 10. This bond resolution is subject to a permissive
referendum and will take effect upon its adoption by the Board of Trustees of the
Village and the expiratíon of the period prescribed in the Village Law during
which petitions for a permissíve referendum may be submitted and filed with the
Village Clerk.
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to approve the following resolution:
Trustee DeRose Aye
Trustee Wilson Aye
Deputy Mayor Pohar Aye
Trustee Zirman Aye
Mayor Sullivan Aye
C. BOND RESOLUTION, DATED OCTOBER 26, 2016,
AUTHORIZING THE ISSUANCE OF UP TO $73,440 AGGREGATE
PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF
BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF
NEW YORK, PURSUANT TO THE LOCAL F¡NANCE LAW, TO
FINANCE THE COSTS OF THE ACQUISITION OF FIRE-FIGHTING
APPARATUS FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the
"Village"), located in the County of Westchester, 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 fire-fighting apparatus for the Village,
including any preliminary and incidental costs related thereto, at a total cost not to
exceed $73,440, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE lT RESOLVED by the Board of Trustees of the
Village of Briarcliff Manor, CounÇ 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 $73,440, pursuant to the Local
18
Finance Law, in order to finance the acquisition of fire-fighting apparatus for the
Village, including any preliminary and incidental costs related thereto (the "Project").
Section 2. lt is hereby determined that the Project is a specific object or
purpose, or of a class of object or purpose, described in subdivision 27 of
paragraph a of Section 11.00 of the Local Finance Law and that the period of
probable usefulness of the Project is twenty (20) years. The serial bonds
authorized herein 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 íssue 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 $73,440; (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 from the
proceeds of 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 costs of the Project
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 capitalfinancing of such item.
Section 4. Subject to the terms and conditions of this bond
resolution and the Local Finance Law, including the provisions of Sections 21.00,
30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial
19
bonds authorized herein, and bond anticipation notes in anticipation of the
issuance of such serial bonds, including renewals thereof, the power to prescribe
the terms, form and contents of such serial bonds and such bond anticipation
notes, and the power to issue, sell and deliver such serial bonds and such 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 authorized herein and all bond
anticípation 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 (or attach a
facsimile thereof) on all such serial bonds and 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. Each of the serial bonds authorized by this bond
resolution and any bond anticipation notes issued in anticipation of the issuance of
such serial bonds shall contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. The faith and credit of the Village is hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued pursuant to this bond resolution as the
same shall become due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
20
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolutíon, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized
herein, 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"). ln 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 the obligations authorized herein
upon the advice of bond counsel. lt is hereby determined by the Board of
Trustees of the Village that the Project will not have a significant effect on the
environment.
2l
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorízed herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, 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 continuíng 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 authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
22
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 and shall be entitled to rely
upon any legal advice provided by the Village Attorney or such bond counsel or
other qualified independent special counsel in determining whether a filing should
be made.
Section 10. This bond resolution is subject to a permissive
referendum and will take effect upon its adoption by the Board of Trustees of the
Village and the expiration of the period prescribed in the Village Law during
which petitions for a permissive referendum may be submitted and filed with the
Village Clerk.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution:
Trustee DeRose Aye
Trustee Wilson Aye
Deputy Mayor Pohar Aye
Trustee Zi¡man Aye
23
Mayor Sullivan Aye
D. BOND RESOLUT¡ON, DATED OCTOBER 26, 2016,
AUTHORIZING THE ISSUANCE OF UP TO $237,150
AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE
VILLAGE OF BRIARCLIFF MANOR, COUNTY OF
WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE
ACQUISITION AND INSTALLATION OF LIGHTING AND GAS
IMPROVEMENTS IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the
"Village"), located in the County of Westchester, ín 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 and installation of lighting and gas
improvements in and for the Village, including any applicable equipment,
machinery, apparatus, land or rights-in-land necessary therefor and any preliminary
and incidental costs related thereto, at a total cost notto exceed $237,150, all in
accordance with the Local Finance Law;
NOW, THEREFORE, BE lT RESOLVED by the Board of Trustees of the
Village of Briarcliff Manor, 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 $237,150, pursuant to the Local
Finance Law, in order to finance the acquisition and installation of lighting and gas
improvements in and for the Village, including any applicable equipment,
machínery, apparatus, land and rights-in-land necessary therefor and any
preliminary and incidental costs related thereto (the "Project").
Section 2. lt is hereby determined that the Project is a specific object or
purpose, or of a class of object or purpose, described in subdivision 5 of
paragraph a of Section 11.00 of the Local Finance Law and that the period of
24
probable usefulness of the Project is thirty (30) years. The serial bonds
authorized herein shall have a maximum maturity of thirty (30) years computed
from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first 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 $237,150; (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 from the
proceeds of 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 costs of the Project
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 capítalfinancing of such item.
Section 4. Subject to the terms and conditions of this bond
resolution and the Local Finance Law, including the provisions of Sections 21.00,
30.00, 50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial
bonds authorized herein, and bond anticipation notes in anticipation of the
issuance of such serial bonds, including renewals thereof, the power to prescribe
the terms, form and contents of such serial bonds and such bond anticipation
notes, and the power to issue, sell and deliver such serial bonds and such bond
anticipation notes, are hereby delegated to the Village Treasurer, as the chief
25
fiscal officer of the Village. The Village Treasurer is hereby authorized to
execute, on behalf of the Village, all serial bonds authorized herein 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 (or attach a
facsimile thereof) on all such serial bonds and 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. Each of the serial bonds authorized by this bond
resolution and any bond anticipation notes issued in anticipation of the issuance of
such serial bonds shall contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. The faith and credit of the Village is hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued pursuant to this bond resolution as the
same shall become due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
26
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized
herein, 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 the obligations authorized herein
upon the advice of bond counsel. lt 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 proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
27
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the oblígations 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. ln 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 dírected 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 authorízed herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Víllage 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 contínuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
28
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 specíal counsel to the Village and shall be entitled to rely
upon any legal advice provided by the Village Attorney or such bond counsel or
other qualified independent special counsel in determining whether a filing should
be made.
Section 10. This bond resolution is subject to a permissive
referendum and will take effect upon its adoption by the Board of Trustees of the
Village and the expiration of the period prescribed in the Village Law during
which petitions for a permissive referendum may be submitted and filed with the
Village Clerk.
Appointment of Police Officers
Upon motion by Trustee Wilson, seconded by Deputy Mayor Pohar, the Board
voted unanimously to approve the following resolution:
BE lT RESOLVED that Jeffrey Eagan of Hopewell Junction, New York is hereby
appointed, effective October 27,2016, to the position of Police Officer Grade 1 to
be paid at an annual salary of $105,417.66 as per the Village of Bríarcliff Manor
PBA Collective Bargaining Agreement salary scale effective June 1,2016.
BE lT RESOLVED that Jason Hadjstylianos of Cortlandt Manor, New York is
hereby appointed, effective November 2,2016, to the position of Police Officer
Grade 1 to be paid at an annual salary of $105,417.66 as per the Village of
Briarcliff Manor PBA Collective Bargaining Agreement salary scale effective June
1,2016.
29
Advisorv Gomm ittee Appointments
The Board thanked the Committee Members for volunteering their time
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to approve the following resolution:
BE lT RESOLVED that the Board of Trustees does hereby establish the
Downtown Business Zone Advisory Committee comprised of the following
members:
Brad Manganello
Bryan Zirman, Board of Trustees Liaison
Dan Zucchi
Douglas Royce
Fred Siegel
Gary Ramuno
George Pacchiana
Larissa Paulmeno
Liz Sussman Karp
Louis Wachtel, Chairman
Marie Carpentier
Matt Yannacone
Nancy Herlz
Robert Ruotolo
Zach Giampa
BE lT FURTHER RESOLVED that the Board of Trustees does hereby establish
the Comprehensive Plan B Zone Addendum Advisory Committee comprised of
the following members:
Mark Wilson, Board of Trustees Liaison
Michael Gioscia
Sabine Werner
Steve Elkes
Steven Vescio, Chairman
BE lT FURTHER RESOLVED that the following Policy and Procedures were re-
adopted at the Annual Organizational Meeting on April 6, 2016 and are in place
for the committees to adhere to:
Policies and Procedures for Advisory and Ad-hoc
Gommittees
Formation of new committees:
30
a A title and mission statement will be developed for any proposed
committee and formally approved and established by the Board of
Trustees.
a Such committees are constituted by, serve at the pleasure of, and
report to the Board of Trustees.
a The formation of any new committee will be announced in a public
meeting, the newsletter and posted on the web and scroll.
a Committees' information, findings, conclusions and recommendations
where requested, will be considered advisory rather than binding by
the Board of Trustees. The Board of Trustees at all times retains its
rights to exercise final decisions in the governance of the Village.
Gomposition:
a Committee membership will be limited to a workable odd number.
o One member will be a representative from the Board of Trustees. The
Mayor shall be an ex officio member of all committees with the right to
make motions, speak and vote, and when present shall be counted in
determining a quorum.
a Membership on committees will be representative of the community
a Village residents, village business people, víllage property owners, and
residents of the 10510 zip code may serve on ad hoc committees.
The BOT shall appoint a new member within one month to fill the
unexpired term of a committee member.
Operations:
o Quorum: A quorum of any committee is a simple majority of the
members appointed. A quorum must be present to conduct business
a Structure: All committees will have a chair, vice-chair and secretary
who will be responsible for meeting minutes. Committee members'
names and village-generated e-mail addresses will be posted on the
web.
o Attendance and Participation: The obligation is to attend committee
meetings. Any member who is absent for three consecutive meetings,
without providing reasonable cause to the Chair, will be deemed to
have resigned. Committees are working committees; all members are
expected to be prepared for the meeting and participate actively.
31
Meetings:
a Committee meetings will start promptly at the time for which they were
called.
o A committee will strive for consensus. lf it cannot achieve consensus,
it shall act by a simple majority of the members.
o All deliberations will be conducted in an open, respectful and inclusive
manner
o Meeting Notification. Advance notice, including an agenda, will be
given for all meetings. Notices about committee work will be posted on
the web site.
Meeting Minutes: Written minutes will be taken at all committee
meetings. Minutes may follow a standard template including the time,
date and location of meeting, who attended, the topic of discussion,
and any actíon taken.
a Non-members may submit their views and comments on committee
activities via e-mail or written correspondence. Committees will not be
required to respond to public comments.
o Discharge: Members may be discharged from a committee by the
Board of Trustees as a result of the village's conflict of interest policy,
lack of attendance, misconduct or resignation.
a Repofts and Public Statements: An annual report from the committee
shall be submitted to the BOT by the end of February.Any committee
report, including summary recommendations and the annual report, is
to be presented first to the BOT prior to public presentation of same.
a Volunteerism: Committee members shall serve without remuneration,
but will be reimbursed for "out of pocket" expenses incurred in
performing their duties. These expenses must be preauthorized by the
Village Manager or designate. Village staff will provide committees with
such public information, clerical assistance and other help as
necessary for them to conduct their work.
o Draft Documents: Draft documents, including minutes and all
committee reports, are confidential untilformally approved by a
majority of the committee. No draft documents should be retained in
committee files. Public distribution of draft documents or any
committee report prior to adoption by the committee shall be grounds
for dismissal.
)z
Schedule a Public Hearino to Am end the Special Use Permit for St.
Theresa's Ghurch
Upon motion by Trustee Zirman, seconded by Trustee Wilson, the Board voted
unanimously to approve the following resolution:
Referral to the Planning Board
BE lT RESOLVED that the request to amend a Special Use Permit for St.
Theresa's Catholic Church, which would allow for a For Profit Nursery School is
hereby directed to the Planning Board for review and recommendation.
Schedule Public Hearing
BE lT RESOLVED that a Public Hearing is hereby scheduled for the November
16,2016 Board of Trustees meeting to hear and consider a request from St.
Theresa's Catholic Church to amend a Special Use Permit.
Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board
adjourned the regular meeting and reconvened as the Board of Police
Commissioners.
Amend Procedures Manual for the Briarcliff Manor Police Department -
Administration and Mainten ce of lntranasal Naloxone
Upon motion by Deputy Mayor Pohar, seconded by Trustee Zirman, the Board
voted unanimously to approve the following resolution:
BE lT RESOLVED that the Board of Trustees, acting in their capacity as the
Board of Police Commissioners, does hereby amend the Procedures Manual for
the Briarcliff Manor Police Department to add General Order Number 2016-001,
Administration and Maintenance of lntranasal Naloxone.
Adiournment
Upon motion by Trustee Zirman, seconded by Trustee DeRose, the Board voted
unanimously to adjourn the meeting at 8:30pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
-) -)
Get email alerts for Briarcliff Manor
A daily email when new agendas and minutes are posted.