Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · May 2, 2023
Minutes
Village Board of Trustees
Regular Meeting
May 2, 2023
7:30 p.m.
A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor,
New York was held at the William J. Vescio Community Center on the 2nd of May,
2023 commencing at 7:30 p.m.
Present
Steven A. Vescio, Mayor
Peter S. Chatzky, Deputy Mayor
Kevin Hunt, Trustee
Rhea Mallett, Trustee
Edward E. Midgley, Trustee
Also Present
Josh Ringel, Village Manager
Christine Dennett, Village Clerk
Josh Subin, Village Attorney
David Turiano, Village Engineer
Pledge of Allegiance
Continued Public Hearing to Amend Chapter 186, Streets and Sidewalks
Deputy Mayor Chatzky gave a brief synopsis of the proposed changes.
There were no public comments.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board
voted unanimously to adjourn the public hearing to May 16, 2023.
Continued Public Hearing Amend Chapter 195, Taxation, Article VII Hotel
Room Occupancy Tax
Deputy Mayor Chatzky gave a brief synopsis of the proposed changes.
There were no public comments.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to close the public hearing.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
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BE IT RESOLVED that the proposed local law to amend Chapter 195,
Taxation, Article VII Hotel Room Occupancy Tax.
Roll Call:
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Continued Public Hearing Amend Chapter 178, Solar and Alternative
Energy, Article III, Alternate Energy System PILOT
Deputy Mayor Chatzky gave a brief synopsis of the proposed changes.
There were no public comments.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board
voted unanimously to adjourn the public hearing to May 16, 2023.
Board of Trustees Announcements
The Fire Department gave grilling safety tips and encouraged residents to
join the Department.
SAC is hosting a take it or leave it event on May 7th.
Recreation Advisory Committee:
There are many programs and events coming up.
The pool opens on 5/28.
The first summer concert is 6/2.
Summer help is needed.
Library Board:
Many program offerings listed on their website.
“Uninvited” Cohosted by EAC and the Library will be on May 5th in the
pavilion from 7-9:30pm.
Museum passes available.
Village Manager’s Report
Jim Cronin from DPW retired after many years of service.
A dinner will be held in honor of the outgoing Fire Chief, Vinny Caruso this
Friday.
A fire watch is in place in the Library and Community Center while the
sprinklers are out of service and being repaired.
One of the Police Officers received their certification for Commercial
Traffic Enforcement.
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The Village is hiring an Engineering Intern for the summer.
Picks and Pickleball will be held on May 20th at Chilmark Park.
The Youth Center is nearly complete.
Village Engineer’s Report
1050 Pleasantville Road asbestos abatement is complete.
1123 Pleasantville Road will be demolished soon.
Cross Access will be re-bid.
The River Road island project will go out to bid shortly.
The North State Road Transite Pipe Project will begin in the upcoming
weeks.
The Trail Project will begin this week.
Public Comments
Mr. Charles Blowe of 14 Colby Lane stated construction began too early at 1050
Pleasantville Road six out of seven days last week and hoped the contractors at
1123 and 1133 Pleasantville Road would not do the same.
Deputy Mayor Chatzky stated the Village project was exempt from the code but
any private contractor would have to abide by it.
Quarterly Financial Report – FY22/23
The Board thanked the Village Treasurer for providing the report.
Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby accept the submitted
financial report for the period (September 1, 2022 to February 28, 2023) and
authorizes all provided budget transfers and accepts all donations provided
within the report.
Roll Call:
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Capital Bond Resolutions FY23/24
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
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A. BOND RESOLUTION, DATED MAY 2, 2023, AUTHORIZING THE
ISSUANCE OF UP TO $180,030 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 AMBULANCE EQUIPMENT,
(II) THE ACQUISITION OF A FIRE CHIEF VEHICLE, AND (III)
PLANNING FOR VILLAGE POOL RENOVATIONS.
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 ambulance equipment ($11,220),
(ii) the acquisition of a Fire Chief vehicle ($87,210), and (iii) planning for Village pool
renovations ($81,600), including any preliminary and incidental costs related
thereto, at a total cost not to exceed $180,030, 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 $180,030, 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,
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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 ambulance equipment, including any preliminary
and incidental costs related thereto, at an estimated maximum cost of $11,220, for
which $11,220 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 27-a 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; and
(b) The acquisition of a Fire Chief vehicle, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $87,210, for
which $87,210 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 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
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issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds; and
(c) Planning for Village pool renovations, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $81,600, for
which $81,600 principal amount of serial bonds, or bond anticipation notes issued
in anticipation of such serial bonds, are authorized herein and appropriated
therefore, having a period of probable usefulness of five (5) years pursuant to
subdivision 62(2nd) 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; and
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $180,030; (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 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.
6
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.
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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
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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
9
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.
Section 10. This bond resolution shall take effect immediately upon
its adoption by the Board of Trustees.
Roll Call:
10
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
B. BOND RESOLUTION, DATED MAY 2, 2023, AUTHORIZING THE
ISSUANCE OF UP TO $599,216 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 AND INSTALLATION OF
VILLAGE COMMUNICATION SYSTEMS AND (II)
IMPROVEMENTS TO VILLAGE PARKING LOTS.
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 and installation of Village
communication systems ($558,416) and (ii) improvements to Village parking lots
($40,800), 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 $610,016, 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 $599,216, pursuant to the Local
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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 and installation of Village communication systems,
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 $558,416, for which $558,416 principal amount of
serial bonds, or bond anticipation notes issued in anticipation of such serial bonds,
are authorized herein and appropriated therefore, having a period of probable
usefulness of ten (10) years pursuant to subdivision 25 of paragraph a of Section
11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity
of ten (10) years computed from the earlier of (a) the date of the first issue of such
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
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(b) The construction and reconstruction of improvements to Village
parking lots, 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 $51,600, for which $40,800 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 20(f) 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 $610,016; (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 general fund monies of the Village; (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.
13
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.
14
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
15
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
16
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.
17
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 Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
C. BOND RESOLUTION, DATED MAY 2, 2023, AUTHORIZING THE
ISSUANCE OF UP TO $4,108,049 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) IMPROVEMENTS TO VILLAGE STREETS AND (II)
THE ACQUISITION OF MACHINERY AND APPARATUS FOR
CONSTRUCTION AND MAINTENANCE.
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) improvements to Village streets ($3,404,349) and (ii)
the acquisition of machinery and apparatus for construction and maintenance
($703,700), including any applicable equipment, machinery, apparatus, land or
rights-in-land necessary therefor and any preliminary and incidental costs related
18
thereto, at a total cost not to exceed $4,108,049, 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 $4,108,049, 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 construction and reconstruction of improvements to Village
streets, 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 $3,404,349 for which $3,404,349 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
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probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph
a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a
maximum maturity of fifteen (15) years computed from the earlier of (a) the date of
the first issue of such serial bonds or (b) the date of the first issue of bond
anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The acquisition of machinery and apparatus for construction and
maintenance, including any preliminary and incidental costs related thereto, at an
estimated maximum cost of $703,700, for which $703,700 principal amount of
serial bonds, or bond anticipation notes issued in anticipation of such serial bonds,
are authorized herein and appropriated therefore, having a period of probable
usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of
Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum
maturity of fifteen (15) years computed from the earlier of (a) the date of the first
issue of such serial bonds or (b) the date of the first issue of bond anticipation notes
issued in anticipation of the issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $4,108,049;
(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,
except to the extent of the receipt by the Village of New York State grants, which
amounts received will reduce the amount of serial bonds authorized herein pro
20
tanto; (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
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
21
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
regulations promulgated thereunder by the New York State Department of
22
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
23
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
24
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.
Roll Call:
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
D. BOND RESOLUTION, DATED MAY 2, 2023, AUTHORIZING THE
ISSUANCE OF UP TO $273,712 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 A FIRE-FIGHTING VEHICLE
AND 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 a fire-fighting vehicle and apparatus
for the Village, including any preliminary and incidental costs related thereto, at a
total cost not to exceed $273,712, all in accordance with the Local Finance Law;
25
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 $273,712, pursuant to the Local
Finance Law, in order to finance the acquisition of a fire-fighting vehicle and
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
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 $273,712; (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
26
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
27
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
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,
28
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
29
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
other qualified independent special counsel in determining whether a filing should
be made.
30
Section 10. This bond resolution is subject to a permissive
referendum and will take effect upon its adoption by the Board of Trustees of the
Village and the expiration of the period prescribed in the Village Law during
which petitions for a permissive referendum may be submitted and filed with the
Village Clerk.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
E. BOND RESOLUTION, DATED MAY 2, 2023, AUTHORIZING THE
ISSUANCE OF UP TO $408,000 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 IMPROVEMENTS TO THE VILLAGE WATER
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 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 a
total cost not to exceed $408,000, 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:
Section 1. There is hereby authorized to be issued serial bonds of the
Village in the aggregate principal amount of up to $408,000, pursuant to the Local
Finance Law, in order to finance the costs of improvements to the Village Water
System, including any applicable equipment, machinery, apparatus, land or
31
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 1 of
paragraph a of Section 11.00 of the Local Finance Law and that the period of
probable usefulness of the Project is forty (40) years. The serial bonds
authorized herein shall have a maximum maturity of forty (40) years computed
from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first issue of bond anticipation notes issued in anticipation of the
issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $408,000; (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 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,
32
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
33
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 this bond
resolution prior to the issuance of the obligations authorized herein upon the
34
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
35
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.
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.
36
Roll Call:
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Authorize the Village Manager to Enter into a Cooperative Bid Agreement
with BOCES of Nassau County
Mr. Charles Blowe of 14 Colby Lane asked if the Village had used this type of bid
before.
Village Manager Ringel said the Village used a similar one before his tenure.
Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board
voted unanimously to approve the following resolution as amended:
GENERAL RESOLUTION
FOR THE PURPOSE OF
PARTICIPATING IN A COOPERATIVE BID COORDINATED BY
THE BOARD OF COOPERATIVE EDUCATION SERVICES OF NASSAU
COUNTY FOR
Various Commodities and/or Services
As Listed on Pages 1-3 of This Resolution
WHEREAS, the Village of Briarcliff Manor of New York State (the
“Village”) wishes to participate in a Cooperative Bidding Program conducted by
The Board of Cooperative Educational Services of Nassau County (“Nassau
BOCES”) for the purchase of various commodities and/or services as authorized
by and in accordance with the Education Law and General Municipal Law,
Section 119-o; and
WHEREAS, the Village, more particularly, wishes to participate in the joint
cooperative bids as listed and checked below (check “yes” or “no”):
PARTICIPATION
CORE GROUP: YES NO
(NASSAU BOCES PER BID RATE)
ABATEMENT AND DISPOSAL OF ASBESTOS ____ ____
& LEAD MATERIALS
37
ARTS & CRAFT SUPPLIES ____ ____
ASPHALTIC & CEMENT CONCRETE
PAVING REPAIR & MAINTENANCE ____ ____
ATHLETIC UNIFORMS ____ ____
AUDIO VISUAL EQUIPMENT ____ ____
AUDIO VISUAL SUPPLIES ____ ____
AUTO BODY SUPPLIES ____ ____
AUTO MECHANIC SUPPLIES ____ ____
AUTOMOBILES – PASSENGER CARS/VANS/TRUCKS _x__ ____
AUTOMOTIVE AIR CONDITIONING REPAIRS ____ ____
BOILER, DUCT & KITCHEN EXHAUST CLEANING ____ ____
BUS,VANS AND AUTO PARTS SUPPLIES
BUILDINGS & GROUNDS EQUIPMENT ____ ____
CALCULATORS ____ ____
CARPENTRY, CABINETRY & BUILDING SUPPLIES ____ ____
CARPETING & INSTALLATION ____ ____
CESSPOOL MAINTENANCE SERVICES ____ ____
CHAIN LINK FENCING ____ ____
COMPUTER HARDWARE, SOFTWARE, NETWORKING
AND SUPPLIES ____ ____
CUSTODIAL AND GREEN CUSTODIAL SUPPLIES ____ ____
DOORS: HOLLOW METAL, FRAMES & HARDWARE ____ ____
FAX & PHOTOCOPY EQUIPMENT, SUPPLIES
AND MAINTENANCE ____ ____
FINANCING & LEASING OF CAPITAL EQUIPMENT ____ ____
FIRE EXTINGUISHERS & SERVICE ____ ____
FITNESS EQUIPMENT ____ ____
FLOOR TILES & INSTALLATION ____ ____
FOOD & BEVERAGE SUPPLIES ____ ____
FOOD PREPARATION: PAPER & PLASTIC SUPPLIES ____ ____
FOOD SERVICE EQUIPMENT ____ ____
FUEL OIL ____ ____
FURNITURE: CLASSROOM & OFFICE ____ ____
GENERAL SAFETY SUPPLIES ____ ____
GENERAL SCHOOL & OFFICE SUPPLIES ____ ____
GLAZING SERVICES & SUPPLIES ____ ____
GYMNASIUM FLOOR REFINISHING ____ ____
GUARD SERVICE (LICENSED, UNIFORMED,
UNARMED) ____ ____
HAZARDOUS MATERIALS: HANDLING, REMOVAL,
TRANSPORTATION & DISPOSAL
HEALTH OFFICE SUPPLIES ____ ____
HVAC EQUIPMENT ____ ____
HVAC MAINTENANCE & INSTALLATION ____ ____
INDUSTRIAL ARTS & WELDING SUPPLIES ____ ____
INTERSCHOLASTIC ATHLETIC SUPPLIES ____ ____
38
IRRIGATION SYSTEMS – REPAIR & MAINTENANCE ____ ____
LIBRARY SUPPLIES ____ ____
MEDICAL & DENTAL SUPPLIES ____ ____
MUSICAL INSTRUMENTS & SUPPLIES ____ ____
MUSICAL INSTRUMENT RENTALS ____ ____
MUSICAL INSTRUMENT REPAIRS ____ ____
OIL & GAS BURNER SERVICE ____ ____
PAINT & PAINTING SUPPLIES ____ ____
PAPER: XEROGRAPHIC, FAX & COPIER ____ ____
PHOTOGRAPHY SUPPLIES ____ ____
PHYSICAL EDUCATION SUPPLIES ____ ____
PLUMBING & HEATING SUPPLIES ____ ____
PLUMBING SERVICES ____ ____
RECONDITIONING OF ATHLETIC EQUIPMENT ____ ____
REFRIGERATION & AIR CONDITIONING SUPPLIES ____ ____
ROOF MAINTENANCE & REPAIR ____ ____
SCHOOL BUS AIR CONDITIONING INSTALLATION,
MAINTENANCE & REPAIRS ____ ____
SCHOOL BUS & AUTO PARTS ____ ____
SCIENCE SUPPLIES ____ ____
SMART BOARDS ____ ____
SNACK VENDING SERVICE ____ ____
SUBSCRIPTION SERVICES ____ ____
TEACHING AIDS ____ ____
TOOLS: POWER & HAND ____ ____
TREE MAINTENANCE ____ ____
UNIFORMS – GENERAL ____ ____
VEHICLE REPAIRS ____ ____
VENETIAN BLINDS & SHADES ____ ____
NOW THEREFORE, BE IT RESOLVED that the Village hereby appoints
Nassau BOCES as its representative and agent in all matters related to the
Cooperative Bidding Program, including but not limited to responsibility for
drafting of specifications, advertising for bids, accepting and opening bids,
tabulating bids, reporting the results to the Village and making recommendations
thereon, and
BE IT FURTHER RESOLVED that Nassau BOCES is hereby authorized
to award cooperative bids on behalf of the Village to the bidder deemed to be the
lowest responsible bidder meeting the bid specifications and otherwise complying
with Article 5-A of the General Municipal Law of the State of New York relating to
public bids and contracts and to enter into contracts for the purchase of the
commodities and/or services as authorized herein, and
.
BE IT FURTHER RESOLVED, that the Village hereby authorizes its
Village Manager or his designee on behalf of the Village to participate in
39
cooperative bidding conducted by Nassau BOCES and if requested to furnish
Nassau BOCES an estimated minimum number of units that will be purchased
and such other documents and information which may be reasonably necessary
or useful in conducting the Cooperative Bidding Program, and
BE IT FURTHER RESOLVED, that the Village agrees to assume its
equitable share of the administrative costs of the cooperative bidding program
and all of its obligations and responsibilities pursuant to any contract that may be
awarded by Nassau BOCES on behalf of the Village.
Roll Call:
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Consider Special Use Permit Request – 333 South Highland LLC, Skae
Power Solutions, 333 South Highland Avenue- Lead Agency Determination,
Planning Board Referral and Scheduling of Public Hearing
Mr. George Pommer, Engineer for the Applicant, briefly explained the proposed
application.
The Board stated the use was allowed in the CT-5 Zoning District and requested
a site visit be scheduled.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution as amended:
LEAD AGENCY DETERMINATION
BE IT RESOLVED that the Village of Briarcliff Manor Board of Trustees issues
this Notice of Intent for the purpose of determining lead agency pursuant to the
requirements of the State Environmental Quality Review Act (SEQRA) and Part
617 (6NYRR Part 617), the Statewide implementing regulations pertaining to
SEQRA. If no written objections are received the Village of Briarcliff Manor Board
of Trustees will assume lead agency 30 days after the date of this notice. This
notice has been prepared pursuant to Article 8 of the Environmental
Conservation Law.
Project Title: Skae Power Solution Special Permit
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Project Location: 333 South Highland Avenue, Village of Briarcliff Manor,
Westchester County, New York
SEQRA Type: Unlisted
Project Description: Skae Power Solutions (the “Applicant”) is proposing the
addition of four (4) new generators and the replacement of two (2) existing
chillers for the existing Briarcliff Manor Center for their existing facility (the
“Facility”) located at 333 S. Highland Avenue, Briarcliff Manor, NY 10510
(Section 97.19, Block 2, Lot 2). The new generators (2 – 1.25 MW and 2 1.5 MW)
will be sized to provide back-up power to the Facility in the event of a power
outage or unstable utility service. The existing Facility consists of a data center
located within the Village’s CT-5 zoning district. The Facility is a preexisting
conforming use within the CT-5 district; however, subsequent to the original
approval of the Facility, the Village adopted new zoning (CT-5) for the project site
which now requires a special permit for the existing use if any changes are made
on the project site. Therefore, the Applicant is seeking a special permit pursuant
to Village Code Chapter 220-6M2.(c) to allow the new generators and
replacement chillers on the project site. The Applicant will also require Site Plan
Approval from the Planning Board.
Contact Person: Christine Dennett, Village Clerk
Briarcliff Manor, NY
1111 Pleasantville Road
Briarcliff Manor, New York 10510
Phone: 914-941-4800
cdennett@briarcliffmanor.gov
PLANNING BOARD REFERRAL
BE IT RESOLVED that the request for a Special Use Permit by Skae Power
Solutions located at 333 S. Highland Avenue is hereby directed to the Planning
Board for review and recommendation.
SCHEDULE PUBLIC HEARING
BE IT RESOLVED that a Public Hearing to hear and consider a request for a
Special Use Permit by 333 S. Highland Avenue for the addition of four (4)
generators and two (2) replacement chillers at the property located at 333 S.
Highland Avenue is hereby scheduled for Tuesday, May 16, 2023 at 7:30pm or
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soon thereafter at the William J. Vescio Community Center located at 1 Library
Road, Briarcliff Manor, NY 10510.
Roll Call:
Trustee Mallett Aye
Trustee Midgley Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Appoint Climate Smart Task Force Coordinator/Chairperson and define
responsibilities
Upon motion by Trustee Mallett, seconded by Trustee Hunt, the Board voted
unanimously to approve the following resolution:
BE IT RESOLVED that Jennifer “Jenny” Sendek is hereby appointed as the
Climate Smart Task Force Coordinator and Chairperson; and
BE IT FURTHER RESOLVED that the role of the Coordinator/Chairperson are as
follows:
- Will Chair Climate Smart Task Force
- Lead Village strategy on becoming a certified Climate Smart Community
- Serve as liaison with residents, community organizations, groups,
municipal Climate Smart Task forces, and other stakeholders to meet the
goals and objectives of the Village’s Climate Smart Task Force
Minutes
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board
voted unanimously to approve the minutes of the April 18, 2023 regular meeting.
Adjournment
Upon motion by Trustee Mallett, seconded by Trustee Midgley, the Board voted
unanimously to adjourn into an Advice of Counsel and Potential Executive
Session to discuss a personnel contractual matter at 8:48pm and would adjourn
immediately thereafter.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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