Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · August 6, 2019
Minutes
Village Board of Trustees
Regular Meeting
August 6, 2019
7:30 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 6th of
August, 2019 commencing at 7:30 p.m.
Present
Steven A. Vescio, Mayor
Peter S. Chatzky, Deputy Mayor
Cesare DeRose, Jr., Trustee
Edward E. Midgley, Trustee
Also Present
Philip Zegarelli, Village Manager
Daniel Pozin, Village Attorney
Christine Dennett, Village Clerk
David Turiano, Village Engineer
Absent
Kevin Hunt, Trustee
Pledge of Allegiance
Public Hearing to amend the following Village Code Chapters: Chapter 157
- Peddling and Soliciting; Chapter 161 - Property Maintenance, and Chapter
207 - Vehicles and Traffic, and to add the following new Chapters: Chapter
138 - Littering and Handbills; and Chapter 124 - Film and Photography
Mr. Gregory Blue of 907 Pleasantville Road, stated he saw the good intentions of
the revisions but had some concerns. He stated some of the language was too
broad or vague and placed a burden or criminalized things that should be
addressed neighbor to neighbor.
The Board thanked Mr. Blue for his feedback and comments and requested he
provide them in writing.
Ms. Rhea Mallett of 57 Old Sleepy Hollow Road stated she didn’t think the intent
was to infringe on people’s rights but was to keep the Village clean. She didn’t
think it should be criminalized to the point of prison time. She further stated she
didn’t think some of the language would be enforceable because of its
vagueness.
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The Board thanked Ms. Mallett for her feedback and comments and requested
she also provide them in writing if possible.
Mr. Blue stated the hiring of a photographer for a family photo shoot should be
exempt.
Village Attorney Pozin stated that was recently incorporated as a change to not
require a permit for a private event.
Upon motion by Trustee DeRose, seconded by Trustee Midgley, the Board
adjourned the Public Hearing to August 20, 2019 at 7:30pm.
Board of Trustees Announcements
The Library has many upcoming events and the Spring/Summer Brochure
is available. Visit the website for more information.
The Pool and Tennis season is underway. Permits are required.
An acoustic series will be poolside on Sundays in the months of July and
August from 3-5pm.
Day Camp has concluded for the summer but specialty camps are
available.
Stay connected and sign up for weekly updates.
The final Chamber of Commerce Concert will be on August 15th.
The Board is seeking more volunteers for the Beautification Committee.
Village Managers Report by Village Manager Zegarelli
The Pocantico River Bridge is progressing. The south side should be
completed by August 23rd.
Emails were sent to the State regarding the status of the railings over
Route 100 and the DOT will hopefully be coming to do a site visit soon.
The Club is addressing items on their check list related to the Temporary
Certificate of Occupancy.
A list of roads to be paved will be available shortly.
Community Day is scheduled for September 7th.
The Law Park pond dredging project will begin immediately after.
The crosswalk and sidewalk at Old Briarcliff Road will be changed to make
it a shorter crossing in the near future.
Con Edison is being pushed to remove the poll in the middle of Central
Drive.
The Law Park Drainage Basin will be addressed in several phases.
Scarborough Park will have an updated survey done and an application to
stabilize the shoreline will be submitted to the DEC.
Public Comments
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Mr. Mark Santiago of 353 Sleepy Hollow Road stated he was a resident since
1983 and he has seen a deterioration of the downtown. He further stated litter
was a concern on Sleepy Hollow Road and he cleaned it up regularly.
Mayor Vescio stated the Board recently reinstituted the Beautification Committee
and was looking at a Streetscape Plan. He stated the Police would increase their
patrol on Sleepy Hollow Road.
Mr. Bruce Yeager of 450 Central Drive stated there might be a potential sinkhole
under the hydrant on Central Drive and was glad the pole was set to be removed.
He stated he had concerns with the height of the grade of The Club site and
requested it be looked in to.
The Board requested a digital calculation of the grade be provided and reviewed.
Mr. Gregory Blue of 907 Pleasantville Road requested the litter along Route 9A
be addressed when the Village speaks to the New York State Department of
Transportation.
The Board recently sent a letter and urged residents to reach out to every State
Entity and politician regarding the state of Route 9A and stated they would
publish contact information.
Mrs. Maureen Yeager of 450 Central Drive stated the field by their home was still
filled with water.
Legislative Update: B Zone Moratorium
The BZone Advisory Committee Report was reviewed at the last meeting.
Revisions to the Village Code will be discussed.
The 2017 Comprehensive Plan Addendum will be reviewed at the next
meeting.
Staff is culling through the original BZone applications for the Board to
review.
An infrastructure capacity analysis is being done by staff.
Capital Project List Bond Resolutions A-F
Village Manager Zegarelli stated all of the projects were type 2 actions under
SEQRA.
Upon motion by Trustee DeRose, seconded by Deputy Mayor Chatzky, the
Board voted unanimously to approve the following resolutions:
A. A RESOLUTION, DATED AUGUST 6, 2019, OF THE VILLAGE
OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE
OF NEW YORK AS TO SEQRA DETERMINATION.
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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 projects described in Section 3
hereof.
Section 2. The Board hereby determined that the projects described in
Section 3 hereof are all “Type II actions” which by definition thereof under the
regulations promulgated under SEQRA, will not have a significant impact upon
the environment.
Section 3. The projects which are the subject of this resolution are
described as follows:
The acquisition of motor vehicles ($204,000) and the acquisition
of ambulance equipment ($17,340), for the Village, including any
preliminary and incidental costs related thereto, at a total cost
not to exceed $221,340.
Section 4. This resolution shall take effect immediately upon its
adoption.
BOND RESOLUTION, DATED AUGUST 6, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $221,340 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 (I) THE ACQUISITION OF MOTOR VEHICLES AND (II)
THE ACQUISITON OF AMBULANCE EQUIPMENT.
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
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the financing of the costs of (i) the acquisition of motor vehicles ($204,000) and (ii)
the acquisition of ambulance equipment ($17,340), for the Village, including any
preliminary and incidental costs related thereto, at a total cost not to exceed
$221,340, 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 $221,340, pursuant to the Local
Finance Law, in order to finance the costs of the specific objects or purposes
hereinafter described.
Section 2. The specific objects or purposes, or class of objects or purposes,
to be financed pursuant to this bond resolution (collectively, the “Project”), the
respective estimated maximum cost of such specific object or purpose, or class of
object or purpose, the principal amount of serial bonds authorized herein for such
specific object or purpose, or class of object or purpose, and the period of probable
usefulness of such specific object or purpose, or class of object or purpose, thereof
pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local
Finance law, are as follows:
(a) The acquisition of motor vehicles for the Village, including any
preliminary and incidental costs related thereto, at an estimated maximum cost of
$204,000, for which $204,000 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 five (5) years
pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance
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Law. Such serial bonds shall have a maximum maturity of five (5) years computed
from the earlier of (a) the date of the first issue of such serial bonds or (b) the date
of the first issue of bond anticipation notes issued in anticipation of the issuance of
such serial bonds; and
(b) The acquisition of ambulance equipment for the Village, including any
preliminary and incidental costs related thereto, at an estimated maximum cost of
$17,340, for which $17,340 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 five (5) years
pursuant to subdivision 86 of paragraph a of Section 11.00 of the Local Finance
Law. Such serial bonds shall have a maximum maturity of five (5) years computed
from the earlier of (a) the date of the first issue of such serial bonds or (b) the date
of the first issue of bond anticipation notes issued in anticipation of the issuance of
such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and hereby
states that (a) the estimated maximum cost of the Project is $221,340; (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 not be in excess of five (5)
years; and (e) on or before the expenditure of moneys to pay for any costs of an
item within an object or purpose, or class of object or purpose, for which proceeds
of such obligations are to be applied to reimburse the Village, the Board of Trustees
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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
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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 have been complied with as of the
date of the publication of this bond resolution, or such summary thereof, were 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
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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
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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 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.
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Section 10. This bond resolution shall take effect immediately upon its
adoption by the Board of Trustees of the Village.
B. A RESOLUTION, DATED AUGUST 6, 2019, 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 projects described in
Section 3 hereof are all “Type II actions” which by definition thereof under the
regulations promulgated under SEQRA, will not have a significant impact upon
the environment.
Section 3. The projects which are the subject of this resolution are
described as follows:
The acquisition of street lights ($84,150), the acquisition of police
communications equipment ($30,600), the construction and
reconstruction of sidewalk improvements ($61,200), the construction
and reconstruction of various building improvements ($112,200), and
the acquisition of computers ($133,503), 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 $421,653.
Section 4. This resolution shall take effect immediately upon its
adoption.
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BOND RESOLUTION, DATED AUGUST 6, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $421,653 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 (I) THE ACQUISITION OF STREET LIGHTS, (II) THE
ACQUISITION OF POLICE COMMUNICATIONS EQUIPMENT, (III)
THE CONSTRUCTION AND RECONSTRUCTION OF SIDEWALK
IMPROVEMENTS, (IV) THE CONSTRUCTION AND
RECONSTRUCTION OF VARIOUS BUILDING IMPROVEMENTS,
AND (V) THE ACQUISITON OF COMPUTERS, 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 of street lights ($84,150), (ii) the
acquisition of police communications equipment ($30,600), (iii) the construction and
reconstruction of sidewalk improvements ($61,200), (iv) the construction and
reconstruction of various building improvements ($112,200), and (v) the acquisition
of computers ($133,503), 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
$421,653, 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 $421,653, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
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Section 2. The specific objects or purposes, or class of objects or
purposes, to be financed pursuant to this bond resolution (collectively, the
“Project”), the respective estimated maximum cost of such specific object or
purpose, or class of object or purpose, the principal amount of serial bonds
authorized herein for such specific object or purpose, or class of object or purpose,
and the period of probable usefulness of such specific object or purpose, or class of
object or purpose, thereof pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition of street lights, including any preliminary and incidental
costs related thereto, at an estimated maximum cost of $84,150, for which $84,150
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 5 of
paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall
have a maximum maturity of ten (10) years computed from the earlier of (a) the
date of the first issue of such serial bonds or (b) the date of the first issue of bond
anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The acquisition of police communications equipment, including any
preliminary and incidental costs related thereto, at an estimated maximum cost of
$30,600, for which $30,600 principal amount of serial bonds, or bond anticipation
notes issued in anticipation of such serial bonds, are authorized herein and
appropriated therefore, having a period of probable usefulness of ten (10) years
pursuant to subdivision 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
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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 construction and reconstruction of sidewalk improvements,
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 $61,200, for which $61,200 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 ten (10) years pursuant to subdivision 24 of paragraph a of Section
11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity
of ten (10) years computed from the earlier of (a) the date of the first issue of such
serial bonds or (b) the date of the first issue of bond anticipation notes issued in
anticipation of the issuance of such serial bonds; and
(d) The construction and reconstruction of various building
improvements, 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 $112,200, for which $112,200 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 ten (10) years pursuant to subdivision 13 of paragraph a of
Section 11.00 of the Local Finance Law (such buildings being of “Class A”
construction as 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
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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
(e) The acquisition of computer equipment, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $133,503, for
which $133,503 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 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.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $421,653; (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.
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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.
16
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
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
17
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
18
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
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.
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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 AUGUST 6, 2019, 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 projects described in
Section 3 hereof are all “Type II actions” which by definition thereof under the
regulations promulgated under SEQRA, will not have a significant impact upon
the environment.
Section 3. The projects which are the subject of this resolution are
described as follows:
The acquisition of machinery and apparatus for construction and
maintenance ($1,173,000), the construction and reconstruction of road
improvements ($867,000), the acquisition, construction and
reconstruction of park improvements ($306,000), and the acquisition of
fire hydrants ($153,000) all in and for the Village, including any
applicable equipment, machinery, apparatus, land or rights-in-land
20
necessary therefor and any preliminary and incidental costs related
thereto, at a total cost not to exceed $2,499,000.
Section 4. This resolution shall take effect immediately upon its
adoption.
BOND RESOLUTION, DATED AUGUST 6, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $2,499,000 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
COSTS OF (I) THE ACQUISITION OF MACHINERY AND
APPARATUS FOR CONSTRUCTION AND MAINTENANCE, (II)
THE CONSTRUCTION AND RECONSTRUCTION OF ROAD
IMPROVEMENTS, (III) THE ACQUISITION, CONSTRUCTION AND
RECONSTRUCTION OF PARK IMPROVEMENTS, (IV) THE
ACQUISITION OF FIRE HYDRANTS, 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 of machinery and apparatus for
construction and maintenance ($1,173,000), (ii) the construction and reconstruction
of road improvements ($867,000), (iii) the acquisition, construction and
reconstruction of park improvements ($306,000), and (iv) the acquisition of fire
hydrants ($153,000) 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 $2,499,000, 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:
21
Section 1. There is hereby authorized to be issued serial bonds of the
Village in the aggregate principal amount of up to $2,499,000, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
Section 2. The specific objects or purposes, or class of objects or
purposes, to be financed pursuant to this bond resolution (collectively, the
“Project”), the respective estimated maximum cost of such specific object or
purpose, or class of object or purpose, the principal amount of serial bonds
authorized herein for such specific object or purpose, or class of object or purpose,
and the period of probable usefulness of such specific object or purpose, or class of
object or purpose, thereof pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition of machinery and apparatus for construction and
maintenance, including any preliminary and incidental costs related thereto, at an
estimated maximum cost of $1,173,000, for which $1,173,000 principal amount of
serial bonds, or bond anticipation notes issued in anticipation of such serial bonds,
are authorized herein and appropriated therefore, having a period of probable
usefulness of fifteen (15) years pursuant to subdivision 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
(b) The construction and reconstruction of road improvements, including
any applicable equipment, machinery, apparatus, land or rights-in-land necessary
22
therefor and any preliminary and incidental costs related thereto, at an estimated
maximum cost of $867,000, for which $867,000 principal amount of serial bonds, or
bond anticipation notes issued in anticipation of such serial bonds, are authorized
herein and appropriated therefore, having a period of probable usefulness of fifteen
(15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the
Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen
(15) years computed from the earlier of (a) the date of the first issue of such serial
bonds or (b) the date of the first issue of bond anticipation notes issued in
anticipation of the issuance of such serial bonds; and
(c) The acquisition, construction and reconstruction of park
improvements, 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 $306,000, for which $306,000 principal
amount of serial bonds, or bond anticipation notes issued in anticipation of such
serial bonds, are authorized herein and appropriated therefore, having a period of
probable usefulness of fifteen (15) years pursuant to subdivision 19(c) of paragraph
a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a
maximum maturity of fifteen (15) years computed from the earlier of (a) the date of
the first issue of such serial bonds or (b) the date of the first issue of bond
anticipation notes issued in anticipation of the issuance of such serial bonds; and
(d) The acquisition of fire hydrants, including any preliminary and incidental
costs related thereto, at an estimated maximum cost of $153,000, for which
$153,000 principal amount of serial bonds, or bond anticipation notes issued in
anticipation of such serial bonds, are authorized herein and appropriated therefore,
23
having a period of probable usefulness of fifteen (15) years pursuant to subdivision
1 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds
shall have a maximum maturity of 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 $2,499,000;
(b) no money has heretofore been authorized to be applied to the payment of the
costs of the Project; (c) the Board of Trustees of the Village plans to finance the
costs of the Project from (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 to the Village; (d) the maturity of the obligations
authorized herein may be in excess of five (5) years; (e) the amount authorized to
be applied to such objects or purposes from the proceeds of the obligations
authorized herein shall be reduced pro tanto by the amount of aid received by the
Village for such objects or purposes; and (f) 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
24
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
25
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”). 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.
26
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
27
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.
28
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.
D. A RESOLUTION, DATED AUGUST 6, 2019, 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 of fire-fighting apparatus for the Village, including any
preliminary and incidental costs related thereto, at a total cost not to
exceed $61,200.
29
Section 4. This resolution shall take effect immediately upon its
adoption.
BOND RESOLUTION, DATED AUGUST 6, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $61,200 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 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 $61,200, 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 $61,200, pursuant to the Local
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. It 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
30
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 $61,200; (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
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
31
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
32
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 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.
33
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
34
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.
E. A RESOLUTION, DATED AUGUST 6, 2019, 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.
35
Section 2. The Board hereby determined that the projects described in
Section 3 hereof are all “Type II actions” which by definition thereof under the
regulations promulgated under SEQRA, will not have a significant impact upon
the environment.
Section 3. The projects which are the subject of this resolution are
described as follows:
The acquisition, construction and reconstruction of improvements to
the Village buildings, 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 $805,800.
Section 4. This resolution shall take effect immediately upon its
adoption.
BOND RESOLUTION, DATED AUGUST 6, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $805,800 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 IMPROVEMENTS TO THE VILLAGE
BUILDINGS.
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
improvements to the Village buildings, 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 $805,800, all in
accordance with the Local Finance Law;
36
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 $805,800, pursuant to the Local
Finance Law, in order to finance the acquisition, construction and reconstruction of
improvements to the Village buildings, including any applicable equipment,
machinery, apparatus, land and rights-in-land necessary therefor and any
preliminary and incidental costs related thereto (the “Project”).
Section 2. It is hereby determined that the Project is a specific object or
purpose, or of a class of object or purpose, described in subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law and that the period of
probable usefulness of the Project is twenty-five (25) years (such building being
of “Class A” construction as that term is defined in Section 11.00 of the Local
Finance Law). The serial bonds authorized herein shall have a maximum
maturity of twenty-five (25) years computed from the earlier of (a) the date of the
first issue of such serial bonds or (b) the date of the first 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 $805,800; (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 to the Village; (d) the maturity of the obligations authorized herein
37
may be in excess of five (5) years; (e) the amount authorized to be applied to such
objects or purposes from the proceeds of the obligations authorized herein shall
be reduced pro tanto by the amount of aid received by the Village for such
objects or purposes; and (f) 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.
38
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
39
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
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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
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
41
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.
F. A RESOLUTION, DATED AUGUST 6, 2019, 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 projects described in
Section 3 hereof are all “Type II actions” which by definition thereof under the
regulations promulgated under SEQRA, will not have a significant impact upon
the environment.
Section 3. The projects which are the subject of this resolution are
described as follows:
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The acquisition, construction and reconstruction of improvements to
the Village water system ($204,000) and the acquisition, construction
and reconstruction of improvements to the Village sewer system
($1,377,000), 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 $1,581,000.
Section 4. This resolution shall take effect immediately upon its
adoption.
BOND RESOLUTION, DATED AUGUST 6, 2019, AUTHORIZING
THE ISSUANCE OF UP TO $1,581,000 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
COSTS OF (I) THE ACQUISITION, CONSTRUCTION AND
RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE
WATER SYSTEM AND (II) THE ACQUISITION, CONSTRUCTION
AND RECONSTRUCTION OF IMPROVEMENTS TO THE VILLAGE
SEWER SYSTEM.
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 the Village water system ($204,000) and (ii) the acquisition,
construction and reconstruction of improvements to the Village sewer system
($1,377,000), 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 $1,581,000, all in accordance with the Local
Finance Law;
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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 $1,581,000, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
Section 2. The specific objects or purposes, or class of objects or
purposes, to be financed pursuant to this bond resolution (collectively, the
“Project”), the respective estimated maximum cost of such specific object or
purpose, or class of object or purpose, the principal amount of serial bonds
authorized herein for such specific object or purpose, or class of object or purpose,
and the period of probable usefulness of such specific object or purpose, or class of
object or purpose, thereof pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition, construction and reconstruction of improvements to
the Village water system, 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 $204,000, for
which $204,000 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 forty (40) years pursuant to
subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. Such
serial bonds shall have a maximum maturity of forty (40) years computed from the
earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first
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issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds; and
(a) The acquisition, construction and reconstruction of improvements to
the Village sewer system, 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 $1,377,000, for
which $1,377,000 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 forty (40) years pursuant to
subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. Such
serial bonds shall have a maximum maturity of forty (40) years computed from the
earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first
issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $1,581,000;
(b) no money has heretofore been authorized to be applied to the payment of the
costs of the Project; (c) the Board of Trustees of the Village plans to finance the
costs of the Project from the proceeds of the serial bonds 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
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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
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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
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
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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
48
“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
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.
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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.
Roll Call:
Trustee DeRose: Aye
Trustee Midgley: Aye
Deputy Mayor Chatzky: Aye
Mayor Vescio: Aye
Trustee Hunt: Absent
Non-Union Salary Adjustments
Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the
Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees hereby authorizes and directs the
Village Treasurer to implement a 2.25% salary increase retroactive to June 1,
2019 for non-union administrative staff with the exception of Administrative Staff
with Separate Agreements in accordance with the approved Fiscal Year 2019-
2020 Budget.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby authorize
all budget transfers necessary related to the Non-Union Salary Adjustments.
Schedule Public Hearing: Community Development Block Grant
Application
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for August 20, 2019
at 7:30pm to hear and discuss an application to be submitted for Community
Development Block Grant funding.
The Board had general discussion regarding the next round of local law
proposed amendments and requested the first draft be available for public
comment.
Minutes
50
Upon motion by Trustee DeRose, seconded by Trustee Midgley, the Board voted
unanimously to approve the minutes of July 16, 2019.
Adjournment
Trustee Hunt is dealing with a personal matter, the Board is keeping him in their
thoughts.
The next Regular Meeting will be on August 20, 2019 at 7:30pm with a Work
Session preceding it at 6:00pm.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the
Board voted unanimously to adjourn the Regular Meeting at 9:24pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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