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Mayor & Board of Trustees

Regular Meeting

Briarcliff Manor, NY · May 2, 2023

AgendaMinutes

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: 1 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. 2  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: 3 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, 4 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 5 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. 7 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 8 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 11 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 12 (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 19 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 40 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 41 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 42 43

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