Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · May 7, 2024
Minutes
Village Board of Trustees
Regular Meeting
May 7, 2024
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 7th of May,
2024 commencing at 7:30 p.m.
Present
Steven A. Vescio, Mayor
Peter S. Chatzky, Deputy Mayor
Kevin Hunt, Trustee
Rhea Mallett, Trustee
Malcolm Netburn, Trustee
Also Present
Josh Ringel, Village Manager
Christine Dennett, Village Clerk
Josh Subin, Village Attorney
Pledge of Allegiance
Continued Public Hearing to Amend Chapter 90, Article V, Vacant Building
Registry
Deputy Mayor Chatzky explained the proposed changes.
There were no public comments.
Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the
Board voted unanimously to close the public hearing.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board
voted unanimously to approve the following resolution:
SEQR NEGATIVE DECLARATION
AMENDMENTS TO VILLAGE CODE CHAPTER 90, Article V.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor,
Westchester County, New York, is proposing to amend Village Code
Chapter 90. Building Construction and Fire Prevention, Article V. Vacant
Building Registry to expand registration requirements to include buildings
where only a portion of the building is vacant, expands the tools available
to the enforcement officer to identify vacant buildings, and adds
additional inspection and fee provisions (the “Proposed Action”); and
WHEREAS, pursuant to 6 NYCRR Part 617 (“SEQR”) the Project is
classified as an Unlisted Action; and
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor have
conducted an Uncoordinated Review of the Proposed Action under SEQR
and is the Lead Agency for the SEQR review of this Unlisted Action; and
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor reviewed a
Short Environmental Assessment Form (Short EAF) Parts 1, 2 and 3 dated
March 18, 2024.
NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part
617, State Environmental Quality Review, the Board of Trustees of the
Village of Briarcliff Manor hereby confirms its Lead Agency designation for
the SEQR Review of the Proposed Action.
BE IT FURTHER RESOLVED, that pursuant to Part 617 of the
implementing regulations pertaining to Article 8 (State Environmental Quality
Review Act) of the Environmental Conservation Law, the Lead Agency has
determined that the Proposed Action will not have a significant adverse
effect on the environment for the reasons enumerated in the attached
Negative Declaration Form (Short EAF Part 3).
BE IT FINALLY RESOLVED that this SEQR Negative Declaration
resolution shall have an effective date of May 7, 2024.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the
Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the proposed local law to amend Chapter 90, Article V,
Vacant Building Registry is hereby adopted.
Board of Trustees Announcements
Huge thanks to the community for attending the Fire Department Open
House on April 28th.
Upcoming dates:
o Pool opens Sunday, May 26th.
o Summer Season Kickoff Event – Free concert and Food Trucks on
May 31st.
o Summer Program and Pool Permits sales open on April 29th.
Recreation is still hiring for some seasonal positions.
An Older Americans Luncheon is being held on May 17th.
NYSDOT is allocating $20,000,000 for the Route 9A design. Thank you to
Andrea Stewart Cousins, Peter Harckham, Mary Jane Shimsky and Dana
Levenberg for their support.
A call for volunteers for Village Boards and Committees. Please submit
letter of interest and resumes to BOT@briarcliffmanor.gov.
Village Manager’s Report
Public Service Week is next week.
The Village hosted an Arbor Day Celebration and planted some trees in
honor. The Village is applying to be a Tree City and was awarded a
$70,000 grant for tree maintenance.
Con Edison has marked trees for pruning and removal.
Public Comments
Mr. John Mazzola of 81 South State Road asked what the 9A funds would be
used for and if specific buildings were targeted in the vacant building registry.
Mayor Vescio stated the 9A funds were for the modernization of the Route 9A
corridor to widen lanes, improve drainage, traffic flow etc and the vacant building
registry would apply equally to all vacant buildings.
Confirmation and Authorization of the Execution of a License and
Maintenance Agreement with Briarcliff Manor Boy Scout Troop 12
Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted
unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby confirm and authorize
the Village Manager’s execution of a license and maintenance agreement with
Briarcliff Manor Boy Scout Troop 12 for the installation of items noted in
Schedule A at Chilmark Park and Lynn McCrum Field with the terms and
conditions provided in the agreement.
Schedule a Public Hearing to Amend Chapter 220-6E, Special Use Permits
Conditions and Safeguards
Deputy Mayor Chatzky explained the proposed changes.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the
Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the May 21,
2024 Board of Trustees meeting at 7:30pm at the William J. Vescio
Community Center located at 1 Library Road, Briarcliff Manor, New York to
hear and discuss a proposed local law to amend Chapter 220-6E, Special Use
Permits Conditions and Safeguards.
Authorize the Village Manager to Execute an Inter-Municipal Agreement
with Westchester County for the Installation of a Mutual Aid Radio Station
and Related Equipment
Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to
execute an Inter-municipal Agreement with Westchester County for the
Installation of a Mutual Aid Radio Station and Related Equipment for mutual aid
purposes related to a license agreement entered into on July 9, 2020.
Authorize the Village Manager to Execute an Inter-Municipal Agreement
with Westchester County Prisoner Transportation 2023-2024
Upon motion by Trustee Mallett, seconded by Trustee Netburn, the Board voted
unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to
execute an agreement with Westchester County for Prisoner Transportation for
the period from January 1, 2023 through December 31, 2024 subject to non-
material changes.
Amend Master Fee Schedule – Water Rates
Mr. John Mazzola of South State Road asked if the water fund turned a profit and
if so where it went. He asked if the rates were based on income levels.
The Board stated the funds remained in the water fund stated some years it ran
at a surplus and others at a deficit and they were spent on maintenance of
infrastructure and personnel among other things.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Master
Fee Schedule effective June 1, 2024 for the Village of Briarcliff Manor as follows:
Inside Village Outside Village
Water usage rates per 1000 cu ft
Water Rents (approx 7500 gal)
0-2000 93.29 142.68
2001-5000 104.26 159.14
5001-8000 126.76 193.16
8001-11000 132.80 211.27
11001-14000 144.87 229.38
14001-17000 162.98 247.49
17001-20000 169.02 265.60
20000+ 187.12 289.74
Roll Call:
Trustee Hunt Aye
Trustee Mallett Aye
Trustee Netburn Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Amend Master Fee Schedule – Vacant Building Registry
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Master
Fee Schedule as follows:
YEAR 1 YEAR 2 YEAR 3 EACH YEAR
AFTER
RESIDENTIAL First unit $400 First unit $1000 First unit $1000 First unit $2000
Each additional Each additional Each additional Each additional
unit $400 unit $500 unit $600 unit $1000
COMMERCIAL $0.25 per sq ft $0.30 per sq ft $0.40 per sq ft $0.50 per sq ft
of vacant of vacant of vacant of vacant
buildings on lot buildings on lot buildings on lot buildings on lot
Minimum fee of Minimum fee of Minimum fee of Minimum fee of
$2000 $2500 $3000 $5000
Annual fees are to be prorated based on the number of months of vacancy during the
prior year.
Roll Call:
Trustee Hunt Aye
Trustee Mallett Aye
Trustee Netburn Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Quarterly Financial Report FY 23-24
Upon motion by Trustee Hunt, 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 (January 11, 2024 through April 30, 2024) and
authorizes all provided budget transfers and accepts all donations provided
within the report.
Roll Call:
Trustee Hunt Aye
Trustee Mallett Aye
Trustee Netburn Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Capital Bond Resolutions FY 24/25
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
A. BOND RESOLUTION, DATED MAY 7, 2024, AUTHORIZING
THE ISSUANCE OF UP TO $182,580 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
POLICE VEHICLES, (II) THE ACQUISITION OF AMBULANCE
EQUIPMENT, (III) PLANNING FOR BUILDING
IMPROVEMENTS, AND (IV) THE CREATION OF A
COMPREHENSIVE PLAN.
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 police vehicles ($75,480), (ii) the
acquisition of ambulance equipment ($10,200), (iii) the planning for building
improvements ($20,400), and (iv) the creation of a comprehensive plan ($76,500),
including any preliminary and incidental costs related thereto, at a total cost not to
exceed $182,580, 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 $182,580, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
Section 2. The specific objects or purposes, or class of objects or
purposes, to be financed pursuant to this bond resolution (collectively, the
“Project”), the respective estimated maximum cost of such specific object or
purpose, or class of object or purpose, the principal amount of serial bonds
authorized herein for such specific object or purpose, or class of object or purpose,
and the period of probable usefulness of such specific object or purpose, or class of
object or purpose, thereof pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition of police vehicles, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $75,480, for
which $75,480 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
issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds; and
(b) The acquisition of ambulance equipment, including any preliminary
and incidental costs related thereto, at an estimated maximum cost of $10,200, for
which $10,200 principal amount of serial bonds, or bond anticipation notes issued
in anticipation of such serial bonds, are authorized herein and appropriated
therefore, having a period of probable usefulness of 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
(c) The planning for building improvements, including any preliminary
and incidental costs related thereto, at an estimated maximum cost of $20,400, for
which $20,400 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
(d) The creation of a comprehensive plan, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $76,500, for
which $76,500 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 64 of paragraph a of Section 11.00 of the Local Finance Law. Such
serial bonds shall have a maximum maturity of five (5) years computed from the
earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first
issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $182,580; (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.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00,
50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds
authorized herein, and bond anticipation notes in anticipation of the issuance of
such serial bonds, including renewals thereof, the power to prescribe the terms,
form and contents of such serial bonds and such bond anticipation notes, and the
power to issue, sell and deliver such serial bonds and such bond anticipation
notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of
the Village. The Village Treasurer is hereby authorized to execute, on behalf of
the Village, all serial bonds authorized herein and all bond anticipation notes
issued in anticipation of the issuance of such serial bonds, and the Village Clerk
is hereby authorized to affix the seal of the Village (or attach a facsimile thereof)
on all such serial bonds and bond anticipation notes and to attest such seal.
Each interest coupon, if any, representing interest payable on such serial bonds
shall be authenticated by the manual or facsimile signature of the Village
Treasurer.
Section 5. Each of the serial bonds authorized by this bond resolution
and any bond anticipation notes issued in anticipation of the issuance of such serial
bonds shall contain the recital of validity prescribed by Section 52.00 of the Local
Finance Law. The faith and credit of the Village is hereby and shall be irrevocably
pledged for the punctual payment of the principal of and interest on all obligations
authorized and issued pursuant to this bond resolution as the same shall become
due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized herein, the
Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations
promulgated thereunder by the New York State Department of Environmental
Conservation, and all applicable Federal laws and regulations in connection with
environmental quality review relating to the Project (collectively, the
“environmental compliance proceedings”). In the event that any of the
environmental compliance proceedings are not completed or require amendment
or modification subsequent to the date of adoption of this bond resolution, the
Board of Trustees of the Village will re-adopt, amend or modify this bond
resolution prior to the issuance of the obligations authorized herein upon the
advice of bond counsel. It is hereby determined by the Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the obligations under
Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to
the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be
provided such financial information and operating data, financial statements and
notices, in such manner, as may be required for purposes of the Rule. In order
to describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the Village Treasurer is
authorized and directed to sign and deliver, in the name and on behalf of the
Village, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the Village Clerk, which shall constitute
the continuing disclosure agreement made by the Village for the benefit of
holders and beneficial owners of the obligations authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments
thereto. The agreement formed collectively by this paragraph and the
Commitment, shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
their annual appropriation to meet costs the Village would be required to incur to
perform thereunder. The Village Treasurer is further authorized and directed to
establish procedures in order to ensure compliance by the Village with its
continuing disclosure agreement, including the timely provision of information
and notices. Prior to making any filing in accordance with the agreement or
providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other
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.
B. BOND RESOLUTION, DATED MAY 7, 2024, AUTHORIZING THE
ISSUANCE OF UP TO $706,350 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 BUILDINGS.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the
“Village”), located in the County of Westchester, in the State of New York (the
“State”), hereby determines that it is in the public interest of the Village to authorize
the financing of the costs of (i) the acquisition and installation of Village
communication systems ($619,140) and (ii) the construction of improvements to
Village buildings ($87,210), 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 $706,350, 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 $706,350, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
Section 2. The specific objects or purposes, or class of objects or
purposes, to be financed pursuant to this bond resolution (collectively, the
“Project”), the respective estimated maximum cost of such specific object or
purpose, or class of object or purpose, the principal amount of serial bonds
authorized herein for such specific object or purpose, or class of object or purpose,
and the period of probable usefulness of such specific object or purpose, or class of
object or purpose, thereof pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition 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 $619,140, for which $619,140 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
(b) The construction of improvements to Village buildings, 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 $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 ten
(10) years pursuant to subdivision 13 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 $706,350; (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.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00,
50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds
authorized herein, and bond anticipation notes in anticipation of the issuance of
such serial bonds, including renewals thereof, the power to prescribe the terms,
form and contents of such serial bonds and such bond anticipation notes, and the
power to issue, sell and deliver such serial bonds and such bond anticipation
notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of
the Village. The Village Treasurer is hereby authorized to execute, on behalf of
the Village, all serial bonds authorized herein and all bond anticipation notes
issued in anticipation of the issuance of such serial bonds, and the Village Clerk
is hereby authorized to affix the seal of the Village (or attach a facsimile thereof)
on all such serial bonds and bond anticipation notes and to attest such seal.
Each interest coupon, if any, representing interest payable on such serial bonds
shall be authenticated by the manual or facsimile signature of the Village
Treasurer.
Section 5. Each of the serial bonds authorized by this bond resolution
and any bond anticipation notes issued in anticipation of the issuance of such serial
bonds shall contain the recital of validity prescribed by Section 52.00 of the Local
Finance Law. The faith and credit of the Village is hereby and shall be irrevocably
pledged for the punctual payment of the principal of and interest on all obligations
authorized and issued pursuant to this bond resolution as the same shall become
due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized herein, the
Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations
promulgated thereunder by the New York State Department of Environmental
Conservation, and all applicable Federal laws and regulations in connection with
environmental quality review relating to the Project (collectively, the
“environmental compliance proceedings”). In the event that any of the
environmental compliance proceedings are not completed or require amendment
or modification subsequent to the date of adoption of this bond resolution, the
Board of Trustees of the Village will re-adopt, amend or modify this bond
resolution prior to the issuance of the obligations authorized herein upon the
advice of bond counsel. It is hereby determined by the Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the obligations under
Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to
the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be
provided such financial information and operating data, financial statements and
notices, in such manner, as may be required for purposes of the Rule. In order to
describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the Village Treasurer is
authorized and directed to sign and deliver, in the name and on behalf of the
Village, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the Village Clerk, which shall constitute
the continuing disclosure agreement made by the Village for the benefit of
holders and beneficial owners of the obligations authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments
thereto. The agreement formed collectively by this paragraph and the
Commitment, shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
their annual appropriation to meet costs the Village would be required to incur to
perform thereunder. The Village Treasurer is further authorized and directed to
establish procedures in order to ensure compliance by the Village with its
continuing disclosure agreement, including the timely provision of information
and notices. Prior to making any filing in accordance with the agreement or
providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other
qualified independent special counsel to the Village and shall be entitled to rely
upon any legal advice provided by the Village Attorney or such bond counsel or
other qualified independent special counsel in determining whether a filing should
be made.
Section 10. This bond resolution is subject to a permissive referendum
and will take effect upon its adoption by the Board of Trustees of the Village and
the expiration of the period prescribed in the Village Law during which petitions
for a permissive referendum may be submitted and filed with the Village Clerk.
C. BOND RESOLUTION, DATED MAY 7, 2024, AUTHORIZING THE
ISSUANCE OF UP TO $1,590,935 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) ADDITIONAL IMPROVEMENTS TO VILLAGE
STREETS, (II) THE ACQUISITION OF MACHINERY, APPARATUS
FOR CONSTRUCTION AND MAINTENANCE, (III) PARK
IMPROVEMENTS AND (IV) LIBRARY IMPROVEMENTS.
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) additional improvements to Village streets
($1,239,300), (ii) the acquisition of machinery and apparatus for construction and
maintenance ($48,532), (iii) the construction of park improvements ($244,045), and
(iv) the construction of library improvements ($59,058), including any applicable
equipment, machinery, apparatus, land or rights-in-land necessary therefor and
any preliminary and incidental costs related thereto, at a total cost not to exceed
$1,590,935, 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 $1,590,935, 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 additional 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 $1,239,300 for which $2,639,300
principal amount of serial bonds, or bond anticipation notes issued in anticipation of
such serial bonds, are authorized herein and appropriated therefore, having a
period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall
have a maximum maturity of fifteen (15) years computed from the earlier of (a) the
date of the first issue of such serial bonds or (b) the date of the first issue of bond
anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The acquisition of machinery and apparatus for construction and
maintenance, including any preliminary and incidental costs related thereto, at an
estimated maximum cost of $48,532, for which $48,532 principal amount of serial
bonds, or bond anticipation notes issued in anticipation of such serial bonds, are
authorized herein and appropriated therefore, having a period of probable
usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of
Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum
maturity of fifteen (15) years computed from the earlier of (a) the date of the first
issue of such serial bonds or (b) the date of the first issue of bond anticipation notes
issued in anticipation of the issuance of such serial bonds; and
(c) The construction of park improvements, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $344,045, for
which $244,045 principal amount of serial bonds, or bond anticipation notes issued
in anticipation of such serial bonds, are authorized herein and appropriated
therefore, having a period of probable usefulness of fifteen (15) years pursuant to
subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such
serial bonds shall have a maximum maturity of fifteen (15) years computed from the
earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first
issue of bond anticipation notes issued in anticipation of the issuance of such serial
bonds; and
(d) The construction of library improvements, including any preliminary
and incidental costs related thereto, at an estimated maximum cost of $59,058, for
which $59,058 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 13 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 $3,090,335;
(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 State and local grants to be received by the Village; (iii) bond
previously authorized by the Village in a bond resolution adopted on May 2, 2023,
(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 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 Environmental
Conservation, and all applicable Federal laws and regulations in connection with
environmental quality review relating to the Project (collectively, the
“environmental compliance proceedings”). In the event that any of the
environmental compliance proceedings are not completed or require amendment
or modification subsequent to the date of adoption of this bond resolution, the
Board of Trustees of the Village will re-adopt, amend or modify this bond
resolution prior to the issuance of the obligations authorized herein upon the
advice of bond counsel. It is hereby determined by the Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the obligations under
Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to
the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be
provided such financial information and operating data, financial statements and
notices, in such manner, as may be required for purposes of the Rule. In order
to describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the Village Treasurer is
authorized and directed to sign and deliver, in the name and on behalf of the
Village, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the Village Clerk, which shall constitute
the continuing disclosure agreement made by the Village for the benefit of
holders and beneficial owners of the obligations authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments
thereto. The agreement formed collectively by this paragraph and the
Commitment, shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
their annual appropriation to meet costs the Village would be required to incur to
perform thereunder. The Village Treasurer is further authorized and directed to
establish procedures in order to ensure compliance by the Village with its
continuing disclosure agreement, including the timely provision of information
and notices. Prior to making any filing in accordance with the agreement or
providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other
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.
D. BOND RESOLUTION, DATED MAY 7_, 2024, AUTHORIZING THE
ISSUANCE OF UP TO $89,760 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 (I) ACQUISITION OF FIRE-FIGHTING
APPARATUS AND (II) IMPROVEMENTS TO SCARBOROUGH
STATION BRIDGE DECK.
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) acquisition of fire-fighting apparatus for the Village
($69,360) and (ii) the construction of improvements to Scarborough Station bridge
deck ($20,400), 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 $89,760, all in accordance with the
Local Finance Law; including any preliminary and incidental costs related thereto,
at a total cost not to exceed $89,760, 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 $89,760, pursuant to the Local
Finance Law, in order to finance costs of the specific objects or purposes
hereinafter described.
Section 2. The specific objects or purposes, or class of objects or
purposes, to be financed pursuant to this bond resolution (collectively, the
“Project”), the respective estimated maximum cost of such specific object or
purpose, or class of object or purpose, the principal amount of serial bonds
authorized herein for such specific object or purpose, or class of object or purpose,
and the period of probable usefulness of such specific object or purpose, or class of
object or purpose, thereof pursuant to the applicable subdivision of paragraph a of
Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition of fire-fighting apparatus for the Village, including any
applicable equipment, machinery, apparatus, land or rights-in-land necessary
therefor and any preliminary and incidental costs related thereto, at an estimated
maximum cost of $69,360 for which $69,360 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 twenty
(20) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local
Finance Law. Such serial bonds 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; and
(b) The construction of improvements to Scarborough Station bridge
deck, including any preliminary and incidental costs related thereto, at an estimated
maximum cost of $20,400, for which $20,400 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 twenty
(20) years pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local
Finance Law. Such serial bonds 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 $89,760; (b)
no money has heretofore been authorized to be applied to the payment of the costs
of the Project; (c) the Board of Trustees of the Village plans to finance the costs of
the Project from the proceeds of the serial bonds authorized herein, or from the
proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d)
the maturity of the obligations authorized herein may be in excess of five (5) years;
and (e) on or before the expenditure of moneys to pay for any costs of the Project
for which proceeds of such obligations are to be applied to reimburse the Village,
the Board of Trustees of the Village took “official action” for federal income tax
purposes to authorize capital financing of such item.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00,
50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds
authorized herein, and bond anticipation notes in anticipation of the issuance of
such serial bonds, including renewals thereof, the power to prescribe the terms,
form and contents of such serial bonds and such bond anticipation notes, and the
power to issue, sell and deliver such serial bonds and such bond anticipation
notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of
the Village. The Village Treasurer is hereby authorized to execute, on behalf of
the Village, all serial bonds authorized herein and all bond anticipation notes
issued in anticipation of the issuance of such serial bonds, and the Village Clerk
is hereby authorized to affix the seal of the Village (or attach a facsimile thereof)
on all such serial bonds and bond anticipation notes and to attest such seal.
Each interest coupon, if any, representing interest payable on such serial bonds
shall be authenticated by the manual or facsimile signature of the Village
Treasurer.
Section 5. Each of the serial bonds authorized by this bond resolution
and any bond anticipation notes issued in anticipation of the issuance of such serial
bonds shall contain the recital of validity prescribed by Section 52.00 of the Local
Finance Law. The faith and credit of the Village is hereby and shall be irrevocably
pledged for the punctual payment of the principal of and interest on all obligations
authorized and issued pursuant to this bond resolution as the same shall become
due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized herein, the
Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations
promulgated thereunder by the New York State Department of Environmental
Conservation, and all applicable Federal laws and regulations in connection with
environmental quality review relating to the Project (collectively, the
“environmental compliance proceedings”). In the event that any of the
environmental compliance proceedings are not completed or require amendment
or modification subsequent to the date of adoption of this bond resolution, the
Board of Trustees of the Village will re-adopt, amend or modify this bond
resolution prior to the issuance of the obligations authorized herein upon the
advice of bond counsel. It is hereby determined by the Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the obligations under
Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to
the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be
provided such financial information and operating data, financial statements and
notices, in such manner, as may be required for purposes of the Rule. In order
to describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the Village Treasurer is
authorized and directed to sign and deliver, in the name and on behalf of the
Village, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the Village Clerk, which shall constitute
the continuing disclosure agreement made by the Village for the benefit of
holders and beneficial owners of the obligations authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments
thereto. The agreement formed collectively by this paragraph and the
Commitment, shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
their annual appropriation to meet costs the Village would be required to incur to
perform thereunder. The Village Treasurer is further authorized and directed to
establish procedures in order to ensure compliance by the Village with its
continuing disclosure agreement, including the timely provision of information
and notices. Prior to making any filing in accordance with the agreement or
providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other
qualified independent special counsel to the Village and shall be entitled to rely
upon any legal advice provided by the Village Attorney or such bond counsel or
other qualified independent special counsel in determining whether a filing should
be made.
Section 10. This bond resolution is subject to a permissive referendum
and will take effect upon its adoption by the Board of Trustees of the Village and
the expiration of the period prescribed in the Village Law during which petitions
for a permissive referendum may be submitted and filed with the Village Clerk.
E. BOND RESOLUTION, DATED MAY 7, 2024, AUTHORIZING THE
ISSUANCE OF UP TO $35,700 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 PROPERTY.
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 property, 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
$35,700, 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 $35,700, pursuant to the Local
Finance Law, in order to finance the costs of acquisition of property, including any
applicable equipment, machinery, apparatus, land or 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 21 of
paragraph a of Section 11.00 of the Local Finance Law and that the period of
probable usefulness of the Project is thirty (30) years. The serial bonds
authorized herein shall have a maximum maturity of thirty (30) years computed
from the earlier of (a) the date of the first issue of such serial bonds or (b) the
date of the first issue of bond anticipation notes issued in anticipation of the
issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and
hereby states that (a) the estimated maximum cost of the Project is $35,700; (b)
no money has heretofore been authorized to be applied to the payment of the costs
of the Project; (c) the Board of Trustees of the Village plans to finance the costs of
the Project from the proceeds of the serial bonds authorized herein, or from the
proceeds of bond anticipation notes issued in anticipation of such serial bonds; (d)
the maturity of the obligations authorized herein may be in excess of five (5) years;
and (e) on or before the expenditure of moneys to pay for any costs of the Project
for which proceeds of such obligations are to be applied to reimburse the Village,
the Board of Trustees of the Village took “official action” for federal income tax
purposes to authorize capital financing of such item.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00,
50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds
authorized herein, and bond anticipation notes in anticipation of the issuance of
such serial bonds, including renewals thereof, the power to prescribe the terms,
form and contents of such serial bonds and such bond anticipation notes, and the
power to issue, sell and deliver such serial bonds and such bond anticipation
notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of
the Village. The Village Treasurer is hereby authorized to execute, on behalf of
the Village, all serial bonds authorized herein and all bond anticipation notes
issued in anticipation of the issuance of such serial bonds, and the Village Clerk
is hereby authorized to affix the seal of the Village (or attach a facsimile thereof)
on all such serial bonds and bond anticipation notes and to attest such seal.
Each interest coupon, if any, representing interest payable on such serial bonds
shall be authenticated by the manual or facsimile signature of the Village
Treasurer.
Section 5. Each of the serial bonds authorized by this bond resolution
and any bond anticipation notes issued in anticipation of the issuance of such serial
bonds shall contain the recital of validity prescribed by Section 52.00 of the Local
Finance Law. The faith and credit of the Village is hereby and shall be irrevocably
pledged for the punctual payment of the principal of and interest on all obligations
authorized and issued pursuant to this bond resolution as the same shall become
due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized herein, the
Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations
promulgated thereunder by the New York State Department of Environmental
Conservation, and all applicable Federal laws and regulations in connection with
environmental quality review relating to the Project (collectively, the
“environmental compliance proceedings”). In the event that any of the
environmental compliance proceedings are not completed or require amendment
or modification subsequent to the date of adoption of this bond resolution, the
Board of Trustees of the Village will re-adopt, amend or modify this bond
resolution prior to the issuance of the obligations authorized herein upon the
advice of bond counsel. It is hereby determined by the Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the obligations under
Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to
the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be
provided such financial information and operating data, financial statements and
notices, in such manner, as may be required for purposes of the Rule. In order
to describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the Village Treasurer is
authorized and directed to sign and deliver, in the name and on behalf of the
Village, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the Village Clerk, which shall constitute
the continuing disclosure agreement made by the Village for the benefit of
holders and beneficial owners of the obligations authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments
thereto. The agreement formed collectively by this paragraph and the
Commitment, shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
their annual appropriation to meet costs the Village would be required to incur to
perform thereunder. The Village Treasurer is further authorized and directed to
establish procedures in order to ensure compliance by the Village with its
continuing disclosure agreement, including the timely provision of information
and notices. Prior to making any filing in accordance with the agreement or
providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other
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.
F. BOND RESOLUTION, DATED MAY 7, 2024, AUTHORIZING THE
ISSUANCE OF UP TO $1,438,200 AGGREGATE PRINCIPAL
AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF
MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK,
PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE
COSTS OF WATER SYSTEM IMPROVEMENTS.
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 $1,438,200, all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the
Village of Briarcliff Manor, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the
Village in the aggregate principal amount of up to $35,700, 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
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 $1,438,200;
(b) no money has heretofore been authorized to be applied to the payment of the
costs of the Project; (c) the Board of Trustees of the Village plans to finance the
costs of the Project from the proceeds of the serial bonds authorized herein, or from
the proceeds of bond anticipation notes issued in anticipation of such serial bonds;
(d) the maturity of the obligations authorized herein may be in excess of five (5)
years; and (e) on or before the expenditure of moneys to pay for any costs of the
Project for which proceeds of such obligations are to be applied to reimburse the
Village, the Board of Trustees of the Village took “official action” for federal income
tax purposes to authorize capital financing of such item.
Section 4. Subject to the terms and conditions of this bond resolution
and the Local Finance Law, including the provisions of Sections 21.00, 30.00,
50.00 and 56.00 to 60.00, inclusive, the power to authorize the serial bonds
authorized herein, and bond anticipation notes in anticipation of the issuance of
such serial bonds, including renewals thereof, the power to prescribe the terms,
form and contents of such serial bonds and such bond anticipation notes, and the
power to issue, sell and deliver such serial bonds and such bond anticipation
notes, are hereby delegated to the Village Treasurer, as the chief fiscal officer of
the Village. The Village Treasurer is hereby authorized to execute, on behalf of
the Village, all serial bonds authorized herein and all bond anticipation notes
issued in anticipation of the issuance of such serial bonds, and the Village Clerk
is hereby authorized to affix the seal of the Village (or attach a facsimile thereof)
on all such serial bonds and bond anticipation notes and to attest such seal.
Each interest coupon, if any, representing interest payable on such serial bonds
shall be authenticated by the manual or facsimile signature of the Village
Treasurer.
Section 5. Each of the serial bonds authorized by this bond resolution
and any bond anticipation notes issued in anticipation of the issuance of such serial
bonds shall contain the recital of validity prescribed by Section 52.00 of the Local
Finance Law. The faith and credit of the Village is hereby and shall be
irrevocably pledged for the punctual payment of the principal of and interest on
all obligations authorized and issued pursuant to this bond resolution as the
same shall become due.
Section 6. When this bond resolution takes effect, the Village Clerk
shall cause the same, or a summary thereof, to be published together with a
notice in substantially the form prescribed by Section 81.00 of the Local Finance
Law in The Gazette, a newspaper having a general circulation in the Village. The
validity of the serial bonds authorized by this bond resolution, and of bond
anticipation notes issued in anticipation of the issuance of such serial bonds, may
be contested only if such obligations are authorized for an object or purpose, or
class of object or purpose, for which the Village is not authorized to expend
money, or the provisions of law which should be complied with as of the date of
the publication of this bond resolution, or such summary thereof, are not
substantially complied with, and an action, suit or proceeding contesting such
validity is commenced within twenty (20) days after the date of such publication,
or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized herein, the
Board of Trustees of the Village shall comply with all applicable provisions
prescribed in Article 8 of the Environmental Conservation Law, all regulations
promulgated thereunder by the New York State Department of Environmental
Conservation, and all applicable Federal laws and regulations in connection with
environmental quality review relating to the Project (collectively, the
“environmental compliance proceedings”). In the event that any of the
environmental compliance proceedings are not completed or require amendment
or modification subsequent to the date of adoption of this bond resolution, the
Board of Trustees of the Village will re-adopt, amend or modify this bond
resolution prior to the issuance of the obligations authorized herein upon the
advice of bond counsel. It is hereby determined by the Board of Trustees of the
Village that the Project will not have a significant effect on the environment.
Section 8. The Village hereby declares its intention to issue the
obligations authorized herein to finance the costs of the Project. The proceeds of
any obligations authorized herein may be applied to reimburse expenditures or
commitments of the Village made with respect to the Project on or after a date
which is not more than sixty (60) days prior to the date of adoption of this bond
resolution by the Village.
Section 9. For the benefit of the holders and beneficial owners from
time to time of the obligations authorized herein, the Village agrees in
accordance with and as an obligated person with respect to the obligations under
Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to
the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be
provided such financial information and operating data, financial statements and
notices, in such manner, as may be required for purposes of the Rule. In order
to describe and specify certain terms of the Village’s continuing disclosure
agreement for that purpose, and thereby to implement that agreement, including
provisions for enforcement, amendment and termination, the Village Treasurer is
authorized and directed to sign and deliver, in the name and on behalf of the
Village, the commitment authorized by subsection 6(c) of the Rule (the
“Commitment”) to be placed on file with the Village Clerk, which shall constitute
the continuing disclosure agreement made by the Village for the benefit of
holders and beneficial owners of the obligations authorized herein in accordance
which the Rule, with any changes or amendments that are not inconsistent with
this bond resolution and not substantially adverse to the Village and that are
approved by the Village Treasurer on behalf of the Village, all of which shall be
conclusively evidenced by the signing of the Commitment or amendments
thereto. The agreement formed collectively by this paragraph and the
Commitment, shall be the Village’s continuing disclosure agreement for purposes
of the Rule, and its performance shall be subject to the availability of funds and
their annual appropriation to meet costs the Village would be required to incur to
perform thereunder. The Village Treasurer is further authorized and directed to
establish procedures in order to ensure compliance by the Village with its
continuing disclosure agreement, including the timely provision of information
and notices. Prior to making any filing in accordance with the agreement or
providing notice of the occurrence of any material event, the Village Treasurer
shall consult with, as appropriate, the Village Attorney and bond counsel or other
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.
Roll Call:
Trustee Hunt Aye
Trustee Mallett Aye
Trustee Netburn Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Authorize Settlement of Litigation – NYMIR Claim
Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the
Board voted unanimously to approve the following resolution:
WHEREAS, the Village’s Insurance Carrier has been working on litigation 17:23-
cv-05254 and has reached a settlement in principle, and
WHEREAS, the Village’s deductible for this claim is $2,500, and
NOW THEREFORE BE IT RESOLVED, that the Village Manager is authorized,
subject to NYMIR and Village Counsel Review, to settle the above matter, and
BE IT FURTHER RESOLVED, that the Village Treasurer shall charge this to
A1420.460.
Roll Call:
Trustee Hunt Aye
Trustee Mallett Aye
Trustee Netburn Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Civil Service Income Waiver Request
Upon motion by Trustee Netburn, seconded by Deputy Mayor Chatzky, the
Board voted unanimously to approve the following resolution with non-material
changes as approved by Village Counsel:
WHEREAS, the position of Building Inspector is vital for the enforcement of
building codes and safety regulations within the Village, ensuring the health and
safety of its residents and integrity of its structures; and
WHEREAS, it is in the best interest of the Village of Briarcliff Manor to ensure
that the appointment and retention of the Building Inspector are handled with the
utmost diligence and in compliance with all relevant statutory requirements;
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor is the
designated appointing authority for the position of Building Inspector for the
Village of Briarcliff Manor; and
NOW, THEREFORE, BE IT RESOLVED the Board of Trustees has reviewed the
information presented on the completed section 211 accordance with NOTE 3,
and certifies that such information is true and correct; and
BE IT FURTHER RESOLVED the Board of Trustees has determined that the
criteria prescribed for approval under Section 211 of the New York State
Retirement and Social Security Law have been satisfactorily met and that all
appropriate documentation has been adhered to in accordance with the law; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby authorizes the
Village Manager to execute and submit the necessary waiver application to the
Municipal Service Division of the New York State Civil Service Commission,
subject to review and approval by the Village's Labor Counsel.
BE IT FURTHER RESOLVED, that this resolution shall take effect immediately
upon its adoption.
Roll Call:
Trustee Hunt Aye
Trustee Mallett Aye
Trustee Netburn Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Schedule a Public Hearing to modify the Village Code related to Alternate
Board Members in Chapter 45, Article IV, Planning Board Alternate
Member, Chapter 220-17, Board of Appeals and Chapter 61, Zoning Board
of Appeals
Deputy Mayor Chatzky explained the proposed changes.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the May 21,
2024 Board of Trustees meeting at 7:30pm at the William J. Vescio
Community Center located at 1 Library Road, Briarcliff Manor, New York to
hear and discuss a proposed local law to modify the Village Code related to
Alternate Board Members in Chapter 45, Article IV, Planning Board Alternate
Member, Chapter 220-17, Board of Appeals and Chapter 61, Zoning Board of
Appeals.
Appointment of Library Board Member
Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted
unanimously to approve the following resolution:
BE IT RESOLVED that Michael Rinke is hereby appointed as a Library Board
Member to fill an unexpired term to expire on December 31, 2024.
Minutes
Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board
voted unanimously to approve the minutes of the April 16, 2024 regular meeting.
Adjournment
Happy belated birthday to Chief Bueti and 94th birthday to the Deputy Mayor’s
mother.
Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted
unanimously to adjourn the regular meeting at 8:27pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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