Mayor & Board of Trustees

Village Board of Trustees Regular Meeting March 28, 2018 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 28th of March, 2018 commencing at 8:00 p.m. Present Lori A. Sullivan, Mayor Mark Pohar, Deputy Mayor “Acting Mayor” Cesare DeRose, Jr. Trustee Mark L. Wilson, Trustee Bryan Zirman, Trustee Also Present Philip Zegarelli, Village Manager Christine Dennett, Village Clerk Daniel Pozin, Village Attorney Clinton Smith, Village Attorney David Turiano, Village Engineer Pledge of Allegiance Mayor Sullivan congratulated newly elected Trustee Kevin Hunt. She stated it was the last meeting for Deputy Mayor Mark Pohar who had been in public service for 20 years with six of them serving on the Board of Trustees. She stated in honor of his last meeting he would preside as Mayor. Continuation of a Public Hearing to Repeal and Replace Chapter 146 Entitled “Noise” in the Code of the Village of Briarcliff Manor Upon motion by Trustee Wilson, seconded by Trustee DeRose, the Board voted unanimously to reopen the Public Hearing. Village Attorney Pozin stated the proposed legislation would now only focus on heavy construction items and the rest would be addressed with future legislation. The Board thanked everyone for their input during the process and for voicing their opinions. Ms. Lois Kross of Creighton Lane stated gas powered leaf blowers were an extreme disturbance and requested they be banned during the summer months. Ms. Audrey Gelfand of 87 Dalmeny Road thanked the Board for being so open and for listening to the community. 1 Mr. Matt Marucci of 72 Poplar Road thanked the Board and stated he was relieved and still felt for the people impacted by the heavy construction. Upon motion by Trustee Wilson, seconded by Trustee DeRose the Board voted unanimously to adjourn the Public Hearing to April 18, 2018 at 8:00pm. Board of Trustees Announcements by Trustee Wilson  Kudos to Village Staff and contractors for facilitating the repair of the Children’s Library Room that was damaged during a flood.  The Friends of the Library have made museum passes available to Village residents that are Library Pass holders.  There are many upcoming Library Programs. Please visit the website for more information and to view the Spring/Summer Brochure.  The Egg Hunt was a success despite the recent weather.  Applications for Recreation Summer employment were being accepted.  The Spring/Summer Brochure is online.  Sign up for Recreation News on the Village website.  Historical Society Memberships are due for renewal. Village Managers Report by Village Manager Zegarelli  The Village Offices will be closed on Friday and the Library will be closed on Friday and Sunday. Sanitation will operate on a normal schedule.  Curbside debris pickup continues.  An estimate to repair or replace the damaged Law Park playground is being sought out.  Many projects are going on throughout the Village.  The Tentative Budget was filed on March 20th and a Public Hearing will be held on April 4th. Public Comments Mrs. Joann Ahearn of 130 Tuttle Road stated she and her neighbors had been very tolerant of the property maintenance issues at Pace University but it had reached a level of no return. She requested they be held to the same standard the rest of the residents were. Village Manager Zegarelli stated they were in the Village Court and it was being addressed. Mr. Doug Rohde of 369 Long Hill Road read a letter he submitted to the Board related to the subdivision at 363 Long Hill Road. Budget Amendments 2 Upon motion by Trustee Zirman, seconded by Mayor Sullivan, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the budget for fiscal year 2017-2018 is hereby amended as follows: GENERAL FUND PLANTERS FROM: A0909 FUND BALANCE $25,000 TO: A8160.201 REFUSE/COLLECTION EQUIPMENT $25,000 GRANT FOR VESTS INCREASE REVENUE A0102.4389 DOJ GRANT/VESTS $5,348.25 INCREASE EXPENSE A3120.250 VESTS/UNIFORMS $5,348.25 CLUB PERMIT REVIEW FROM: A0909 FUND BALANCE $10,000 TO: A3620.460.CLUB CONTRACTUAL SERVICES - CLUB $10,000 Fire Department Service Awards Program for 2017 The Board requested the Fire Chief and Fire Counsel certify the list for accuracy. Upon motion by Mayor Sullivan, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution subject to certification by the Fire Chief and Fire Counsel: BE IT RESOLVED, that the Volunteer Firefighter Service Award Program list for all 2017 active firefighters of the Briarcliff Manor Fire Company, the Briarcliff Manor Hook, Ladder & Fire Company and the Scarborough Engine Company is hereby approved. BE IT FURTHER RESOLVED that the list and certification shall be directed to the respective fire companies for posting for a period of thirty (30) days. Bond Resolutions A-C Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the following resolution subject to any non-material issues by Village Counsel or Bond Counsel: 3 Trustee DeRose: Aye Trustee Wilson: Aye Mayor Sullivan: Aye Trustee Zirman: Aye Acting Mayor/Deputy Mayor Pohar: Aye A. BOND RESOLUTION, DATED MARCH 28, 2018, AUTHORIZING THE ISSUANCE OF UP TO $520,000 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 ADDITIONAL COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO PARKS AND RECREATION AREAS IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”), County of Westchester, State of New York (the “State”), adopted bond resolutions on October 26, 2016 and March 21, 2018, authorizing the financing of the costs of the acquisition, construction and reconstruction of improvements to parks and recreation areas (the “Project”), all in accordance with the Local Finance Law; and WHEREAS, the Board of Trustees of the Village hereby determines that the costs of the Project have increased by $520,000; NOW, THEREFORE, BE IT 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 $520,000, pursuant to the Local Finance Law, in order to finance the additional costs of 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 19(c) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years. The serial bonds authorized herein shall have a maximum maturity of fifteen (15) years computed from the date of the first obligations issued pursuant to the aforesaid bond resolution dated October 26, 2016. Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the revised estimated maximum cost of the Project is $1,632,628; (b) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized in the aforementioned bond 4 resolutions adopted on October 26, 2016 and March __, 2018 and (ii) the proceeds of the serial bonds authorized herein or bond anticipation notes issued in anticipation of such serial bonds; (c) the maturity of the obligations authorized herein may be in excess of five (5) years; and (d) on or before the expenditure of moneys to pay for any additional 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 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 obligations are authorized in violation of the provisions of the Constitution of the State. 5  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. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the additional 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 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 6 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. B. BOND RESOLUTION, DATED MARCH 28, 2018, AUTHORIZING THE ISSUANCE OF UP TO $250,000 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 ADDITIONAL COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO PARKS AND RECREATION AREAS IN AND FOR THE VILLAGE. WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”), County of Westchester, State of New York (the “State”), adopted a bond resolution on October 26, 2016 authorizing the financing of the costs of the acquisition, construction and reconstruction of improvements to parks and recreation areas (the “Project”), all in accordance with the Local Finance Law; and WHEREAS, the Board of Trustees of the Village hereby determines that the costs of the Project have increased by $250,000; NOW, THEREFORE, BE IT 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 $250,000, pursuant to the Local Finance Law, in order to finance the additional costs of 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 19(c) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is fifteen (15) years. The serial bonds authorized herein shall have a maximum maturity of fifteen (15) years computed from the date of the first obligations issued pursuant to the aforesaid bond resolution dated October 26, 2016. 7  Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the revised estimated maximum cost of the Project is $1,112,628; (b) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized in the aforementioned bond resolution adopted on October 26, 2016 and (ii) the proceeds of the serial bonds authorized herein or bond anticipation notes issued in anticipation of such serial bonds; (c) the maturity of the obligations authorized herein may be in excess of five (5) years; and (d) on or before the expenditure of moneys to pay for any additional 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 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 8 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. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the additional 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 conclusively evidenced by the signing of the Commitment or amendments thereto. The agreement formed collectively by this paragraph and the 9 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. C. A RESOLUTION, DATED MARCH 28, 2018, OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK AS TO SEQRA DETERMINATION. BE IT RESOLVED by the Board of Trustees of the Village of Briarcliff Manor, County of Westchester, State of New York, as follows: Section 1. The Board adopting this resolution hereby declares itself to be the lead agency under the State Environmental Quality Review Act (“SEQRA”) and the regulations promulgated thereunder for purposes of determining the environmental impact of the project described in Section 3 hereof. Section 2. The Board hereby determined that the project described in Section 3 hereof is a “Type II action” which by definition thereof under the regulations promulgated under SEQRA, will not have a significant impact upon the environment. Section 3. The project which is the subject of this resolution is described as follows: The acquisition, construction and reconstruction of parking improvements in and for the Village of Briarcliff Manor, 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 $382,500. 10  Section 4. This resolution shall take effect immediately upon its adoption. BOND RESOLUTION, DATED MARCH 28, 2018, AUTHORIZING THE ISSUANCE OF UP TO $382,500 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, CONSTRUCTION AND RECONSTRUCTION OF PARKING 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, 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, construction and reconstruction of parking 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 not to exceed $382,500, all in accordance with the Local Finance Law; NOW, THEREFORE, BE IT 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 $382,500, pursuant to the Local Finance Law, in order to finance the acquisition, construction and reconstruction of parking improvements 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 (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 20(f) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is ten (10) years. The serial bonds authorized herein 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 $382,500; (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 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; 11 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 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 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 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 12 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. It is hereby determined by the Board of Trustees of the Village that the Project will not have a significant effect on the environment. Section 8. The Village hereby declares its intention to issue the obligations authorized herein to finance the costs of the Project. The 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 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 13 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. Grant of Conservation Subdivision Authority to Planning Board Village Attorney Pozin stated it was a request from the Planning Board in connection with an application for a subdivision at 363 Long Hill Road. Village Engineer Turiano gave an overview of the project. Mayor Sullivan stated the Planning Board was requesting the Board grant them authority to determine if the subdivision complied with the conservation subdivision regulations or not. Upon motion by Trustee Wilson, seconded by Trustee Zirman, the Board voted unanimously to approve the following resolution: WHEREAS, the Planning Board received an application for the subdivision of an approximately 3.85 acre parcel of property at 363 Long Hill Road in the R-40 A District; and WHEREAS, the applicant has demonstrated to the Planning Board via a conventional, conforming, “as of right” subdivision layout that 3 building lots can be created in compliance with the requirements of the Village’s Zoning Law and the Subdivision Regulations; and WHEREAS, for the reasons set forth in its memorandum of March 13, 2018, which is incorporated herein by reference, the Planning Board is requesting Conservation Development authority to achieve a more environmentally sensitive development than is possible with a conventional subdivision layout in strict compliance with the requirements of the Zoning Law. NOW, THEREFORE BE IT RESOLVED, that in accordance with §220-7 of the Village Code, the Board of Trustees hereby authorizes the Planning Board simultaneously with its review of the subject subdivision to modify the required lot width at the minimum front yard setback for each of the 3 proposed lots in a manner which the Planning Board deems appropriate; and BE IT FURTHER RESOLVED, that a declaration of covenants and restrictions pertaining to the ownership, use and maintenance of the open lands shown on 14  the subdivision plat, to be approved by the Planning Board and recorded against the subject property shall be acceptable for purposes of Village Code §220- 7.B.(9)(C). Tax Abatement Upon motion by Trustee Zirman, seconded by Mayor Sullivan, the Board voted unanimously to approve the following resolution: WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 0 Cypress Lane (Parcel ID 98.05-2-55); and WHEREAS, a Stipulation of Settlement and Order in the Small Claim Assessment Review has been issued for the property at 0 Cypress Lane for the 2016 Town assessment year, Fiscal Year 2017-2018 Village assessment roll; and WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2017-2018 assessment roll and the approval of the budget for Fiscal Year 2017-2018; WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2017-2018 assessment roll by $123,600 from $158,600 to $35,000; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the refund of the tax bill for Fiscal Year 2017-2018 in the amount of $683.51 and the abatement of the tax bill based upon the reduced assessment values in the Stipulation of Settlement and Order. New Assessed Assessed Assessment Original Tax Reduced Tax Year Address Value Value Reduction Amount Amount Refund Abatement 2016 0 Cypress Lane $158,600 $35,000 $123,600 $877.06 $193.55 $683.51 $0 98.05-2-55 $123,600 $683.51 $0 TOTAL TOTAL AV REVENUE TOTAL REDUCTION REDUCTION ABATEMENT Authorize Village Manager to Execute a Professional Services Agreement with RGR Landscape Architecture for a Schematic Design for the Youth Center The item was tabled to a future meeting. Minutes 15 Upon motion by Trustee DeRose, seconded by Trustee Wilson, the Board voted unanimously to approve the minutes of the Special Meeting on March 21, 2018. Adjournment There will be a Work Session on April 4, 2018 at 6:00pm. Mr. Bruce Yeager of 450 Central Drive commended the Department of Public Works for their tremendous cleanup efforts after the storms. He requested the Board drive by The Club site at night to see the impact of the lighting. Deputy Mayor Pohar stated he was stepping down as Trustee and Deputy Mayor so he could take the time to enjoy many upcoming happy events with his family. He thanked the Board, Village Manager Zegarelli, Village Attorney’s Pozin and Smith, Village Engineer Turiano and Village Clerk Dennett for all their hard work. He wished everyone a Happy Easter and Good Passover. The meeting was adjourned at 9:14pm. Respectfully Submitted By, Christine Dennett Village Clerk 16