Mayor & Board of Trustees
Regular MeetingBriarcliff Manor, NY · May 6, 2025
Minutes
Village Board of Trustees
Regular Meeting
May 6, 2025
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 6th of May,
2025 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
Christine Dennett, Village Clerk/Assistant Village Manager
Josh Subin, Village Attorney
Kathryn Nivins, Village Treasurer
Absent
Josh Ringel, Village Manager
Pledge of Allegiance
Public Hearing to Amend Chapter 220-2, Definitions and 220-10, Affordable
Housing
Deputy Mayor Chatzky gave a brief synopsis of the proposed changes.
Upon motion by Trustee Mallett, seconded by Trustee Hunt, the Board voted
unanimously to open the public hearing.
There were no public comments.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the
Board voted unanimously to adjourn the public hearing to May 20, 2025.
Board of Trustees Announcements
Library program information including a Crocheting for Kids event are
listed on their website.
Pool, Tennis and Pickleball permits are on sale.
The Village is hiring summer employees for Recreation.
Picks and Pickleball is scheduled for May 10th.
Volunteer to join the Fire Department and Ambulance Department.
Assistant Village Manager’s Report
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The 25mph reduced neighborhood speed limit goes into effect on May
27th.
Hydrant flushing will continue for the next two weeks. Location details are
posted on the website.
Committee Report
No report.
Public Comments
There were no public comments.
Amend the Master Fee Schedule – Water Rent and Meters
Village Treasurer Nivins explained the rates were in line with the Adopted Budget
and to be more in keeping with the New York City rates charged to the Village.
Upon motion by Trustee Mallett, seconded by Trustee Netburn, the Board voted
unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Master
Fee Schedule for the Village of Briarcliff Manor as follows:
New Water Rates / Charges
6/1/25 Inside 6/1/25 Outside Village
Village Rates Rates
(per thousand cubic feet) (per thousand cubic feet)
Cubic Feet Base Rates Cubic Feet Base Rates
0 - 2000 $ 102.15 0 - 2000 $ 156.23
2001 - 5000 $ 114.16 2001 - 5000 $ 174.26
5001 - 8000 $ 138.80 5001 - 8000 $ 211.51
8001 - 11000 $ 145.42 8001 - 11000 $ 231.34
11001 - 14000 $ 158.63 11001 - 14000 $ 251.17
14001 - 17000 $ 178.46 14001 - 17000 $ 271.00
17001 - 20000 $ 185.08 17001 - 20000 $ 290.83
20000+ $ 204.90 20000+ $ 317.27
New Ready to Serve Fees
6/1/25 Inside 6/1/25 Outside Village
Village Rates Rates
Quarterly Quarterly Water
Meter Size Meter Size
Water Bill Fee Bill Fee
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5/8" $ 11.25 5/8" $ 16.88
3/4" $ 16.88 3/4" $ 25.31
1" $ 22.50 1" $ 33.75
1 1/2" $ 56.25 1 1/2" $ 83.75
2" $ 73.13 2" $ 109.69
3" $ 135.00 3" $ 202.84
4" $ 225.00 4" $ 337.50
6" $ 450.00 6" $ 675.00
Capital Budget Transfers
The Board discussed the proposed location and requested the chargers be
installed in alternate spaces.
Upon motion by Trustee Mallett, seconded by Trustee Hunt, the Board voted
unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby authorize the
following capital budget transfers for FY 2024-2025 as follows:
A. 24/25 Capital Projects – Funded from General Fund
Increase: H0102 5032 Transfer from General Fund $10,000.00
Decrease: H1230 201 25183 Electric Vehicle Charger-Lib 10,000.00
Increase: A9901 910 Transfer to Capital $10,000.00
Increase: A0102 5031 Transfer in – From FB 10,000.00
B. 24/25 Received Grant Fund that require transfer of balances to Debt
Service
Increase: H9901.940 Transfer to Debt Service $72,550.00
Increase: V0102.5034 Transfer in from Capital $72,550.00
Roll Call:
Trustee Mallett Aye
Trustee Netburn Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Tax Certiorari – 149 Central Drive
Trustee Mallett requested all filings go to Counsel to track and stated a
procedure should be put in place.
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Upon motion by Trustee Mallett, seconded by Trustee Netburn, the Board voted
unanimously to approve the following resolution:
WHEREAS, Yellow Brick Road Apts., Inc. (149 Central Drive), instituted tax
certiorari proceedings pursuant to Article 7 of the Real Property Tax Law of the
State of New York; and
WHEREAS, the tax certiorari filings were for Town of Ossining assessment years
2019-2024; and
WHEREAS, the tax certiorari filings relate to Village of Briarcliff Manor fiscal
years 2020-2021, 2021-2022, 2022-2023, 2023-2024, 2024-2025; and
WHEREAS, an Consent Judgment of the Supreme Court of the State of New
York, County of Westchester, was entered on April 9, 2025;
WHEREAS, the Consent Judgment was received after the finalization of the
approval of the Village budget for Fiscal Year 2024-2025;
NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby
authorize the refund for Fiscal Years noted above totaling $3,368.92 charged to
A1964.423 based upon assessment values reduced in accordance with the
Consent Judgment.
Roll Call:
Trustee Mallett Aye
Trustee Netburn Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Capital Bond Resolutions 25/26
Upon motion by Trustee Mallett, seconded by Trustee Netburn, the Board voted
unanimously to approve the following resolutions:
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A. BOND RESOLUTION, DATED MAY 6, 2025, AUTHORIZING THE
ISSUANCE OF UP TO $112,200 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 (I) SEWER
MAPPING AND (II) THE ACQUISITION OF MOTOR VEHICLES.
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) sewer mapping ($30,600) and (ii) the acquisition of motor vehicles ($81,600), all
in and for the Village, including any preliminary and incidental costs related thereto, at a
total cost not to exceed $112,200, 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 $112,200, 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) Sewer mapping, including any preliminary and incidental costs related
thereto, at an estimated maximum cost of $30,600, for which $30,600 principal amount of
serial bonds, or bond anticipation notes issued in anticipation of such serial bonds, are
authorized herein and appropriated therefore, having a period of probable usefulness of
five (5) years pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local
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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 motor vehicles, 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 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.
Section 3. The Board of Trustees of the Village has ascertained and hereby
states that (a) the estimated maximum cost of the Project is $112,200; (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 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
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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
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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,
8
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 6, 2025, AUTHORIZING THE
ISSUANCE OF UP TO $357,000 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY
OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
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LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE
ACQUISITION OF AN AMBULANCE 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 an ambulance for the Village, including any preliminary and
incidental costs related thereto, at a total cost not to exceed $357,000, 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 $357,000, pursuant to the Local Finance Law, in
order to finance the acquisition of an ambulance 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-a of paragraph a
of Section 11.00 of the Local Finance Law and that the period of probable usefulness of
the Project is ten (10) years. The serial bonds authorized herein shall have a maximum
maturity of ten (10) years computed from the earlier of (a) the date of the first issue of
such serial bonds or (b) the date of the first issue of bond anticipation notes issued in
anticipation of the issuance of such serial bonds.
Section 3. The Board of Trustees of the Village has ascertained and hereby
states that (a) the estimated maximum cost of the Project is $357,000; (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
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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
11
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.
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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
13
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 6, 2025, AUTHORIZING THE
ISSUANCE OF UP TO $1,346,400 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY
OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE
ACQUISITION OF MACHINERY AND APPARATUS FOR
CONSTRUCTION AND MAINTENANCE AND (II) THE CONSTRUCTION
OF PARK IMPROVEMENTS, ALL IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”),
located in the County of Westchester, in the State of New York (the “State”), hereby
determines that it is in the public interest of the Village to authorize the financing of the
costs of (i) the acquisition of machinery and apparatus for construction and maintenance
($974,100) and (ii) the construction of park improvements ($372,300), all in and for the
Village, including any applicable equipment, machinery, apparatus, land or rights-in-land
necessary therefor and any preliminary and incidental costs related thereto, at a total
cost not to exceed $1,346,400, 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 $1,346,400, 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
14
estimated maximum cost of such specific object or purpose, or class of object or purpose,
the principal amount of serial bonds authorized herein for such specific object or purpose,
or class of object or purpose, and the period of probable usefulness of such specific object
or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of
paragraph a of Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition of machinery and apparatus for construction and
maintenance for the Village, including any preliminary and incidental costs related thereto,
at an estimated maximum cost of $974,100, for which $974,100 principal amount of serial
bonds, or bond anticipation notes issued in anticipation of such serial bonds, are authorized
herein and appropriated therefore, having a period of probable usefulness of fifteen (15)
years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law.
Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the
earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue
of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The construction of park improvements 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 $372,300, for which $372,300 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 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.
Section 3. The Board of Trustees of the Village has ascertained and hereby
states that (a) the estimated maximum cost of the Project is $1,346,400; (b) no money has
heretofore been authorized to be applied to the payment of the costs of the Project; (c) the
15
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.
16
Section 6. When this bond resolution takes effect, the Village Clerk shall
cause the same, or a summary thereof, to be published together with a notice in
substantially the form prescribed by Section 81.00 of the Local Finance Law in The
Gazette, a newspaper having a general circulation in the Village. The validity of the
serial bonds authorized by this bond resolution, and of bond anticipation notes issued in
anticipation of the issuance of such serial bonds, may be contested only if such
obligations are authorized for an object or purpose, or class of object or purpose, for
which the Village is not authorized to expend money, or the provisions of law which
should be complied with as of the date of the publication of this bond resolution, or such
summary thereof, are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty (20) days after the date of such
publication, or if such obligations are authorized in violation of the provisions of the
Constitution of the State.
Section 7. Prior to the issuance of the obligations authorized herein, the
Board of Trustees of the Village shall comply with all applicable provisions prescribed in
Article 8 of the Environmental Conservation Law, all regulations promulgated thereunder
by the New York State Department of Environmental Conservation, and all applicable
Federal laws and regulations in connection with environmental quality review relating to
the Project (collectively, the “environmental compliance proceedings”). In the event that
any of the environmental compliance proceedings are not completed or require
amendment or modification subsequent to the date of adoption of this bond resolution,
the Board of Trustees of the Village will re-adopt, amend or modify 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
17
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
18
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 6, 2025, AUTHORIZING THE
ISSUANCE OF UP TO $3,230,340 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY
OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE
ACQUISITION OF FIRE-FIGHTING APPARATUS, (II) THE ACQUISITION
AND CONSTRUCTION OF TRAFFIC SIGNAL IMPROVEMENTS, AND
(III) THE ACQUISITION, CONSTRUCTION, AND RECONSTRUCTION OF
BRIDGES, ALL IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”),
located in the County of Westchester, in the State of New York (the “State”), hereby
determines that it is in the public interest of the Village to authorize the financing of the
costs of (i) the acquisition fire-fighting apparatus ($3,141,600), (ii) the acquisition and
construction of traffic signal improvements ($37,740), and (iii) the acquisition, construction
and reconstruction of bridges ($51,000), all in and for the Village, including any applicable
equipment, machinery, apparatus, land or rights-in-land necessary therefor and any
preliminary and incidental costs related thereto, at a total cost not to exceed $3,230,340,
all in accordance with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of
Briarcliff Manor, County of Westchester, State of New York, as follows:
19
Section 1. There is hereby authorized to be issued serial bonds of the Village in
the aggregate principal amount of up to $3,230,340, 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, including any preliminary and
incidental costs related thereto, at an estimated maximum cost of $3,141,600, for which
$3,141,600 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 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 acquisition and construction of traffic signal improvements, including
any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefor
and any preliminary and incidental costs related thereto, at an estimated maximum cost of
$37,740, for which $37,740 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 72(a) 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)
20
the date of the first issue of such serial bonds or (b) the date of the first issue of bond
anticipation notes issued in anticipation of the issuance of such serial bonds; and,
(c) The acquisition, construction and reconstruction of bridges in 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 $51,000, for which $51,000 principal amount of serial bonds, or bond anticipation
notes issued in anticipation of such serial bonds, are authorized herein and appropriated
therefore, having a period of probable usefulness of 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 $3,230,340; (b) no money has
heretofore been authorized to be applied to the payment of the costs of the Project; (c) the
Board of Trustees of the Village plans to finance the costs of the Project from the proceeds
of the serial bonds authorized herein, or from the proceeds of bond anticipation notes
issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized
herein may 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
21
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
22
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,
23
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.
24
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 6, 2025, AUTHORIZING THE
ISSUANCE OF UP TO $76,500 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY
OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE
IMPROVEMENTS TO THE VILLAGE BUILDINGS.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”),
located in the County of Westchester, in the State of New York (the “State”), hereby
determines that it is in the public interest of the Village to authorize the financing of the
costs of the 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 a total cost not to exceed $76,500, all in accordance
with the Local Finance Law;
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of
Briarcliff Manor, County of Westchester, State of New York, as follows:
Section 1. There is hereby authorized to be issued serial bonds of the Village in
the aggregate principal amount of up to $76,500, pursuant to the Local Finance Law, in
order to finance the 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 (the “Project”).
Section 2. It is hereby determined that the Project is a specific object or
purpose, or of a class of object or purpose, described in subdivision 12(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law and that the period of probable
usefulness of the Project is twenty-five (25) years. The serial bonds authorized herein
shall have a maximum maturity of twenty-five (25) years computed from the earlier of (a)
25
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 $76,500; (b) no money has
heretofore been authorized to be applied to the payment of the costs of the Project; (c) the
Board of Trustees of the Village plans to finance the costs of the Project from the proceeds
of the serial bonds authorized herein, or from the proceeds of bond anticipation notes
issued in anticipation of such serial bonds; (d) the maturity of the obligations authorized
herein may be in excess of five (5) years; 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.
26
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,
27
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
28
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 6, 2025, AUTHORIZING THE
ISSUANCE OF UP TO $1,755,930 AGGREGATE PRINCIPAL AMOUNT
SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY
OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE
LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE
ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF SEWER
SYSTEM IMPROVEMENTS AND (II) THE ACQUISITION,
CONSTRUCTION AND RECONSTRUCTION OF WATER SYSTEM
IMPROVEMENTS, ALL IN AND FOR THE VILLAGE.
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”),
located in the County of Westchester, in the State of New York (the “State”), hereby
determines that it is in the public interest of the Village to authorize the financing of the
costs of (i) the acquisition, construction and reconstruction of sewer system improvements
($780,300) and (ii) the acquisition, construction and reconstruction of water system
improvements ($975,630), all in and for the Village, including any applicable equipment,
29
machinery, apparatus, land or rights-in-land necessary therefor and any preliminary and
incidental costs related thereto, at a total cost not to exceed $1,755,930, 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 $1,755,930, pursuant to the Local Finance Law, in
order to finance costs of the specific objects or purposes hereinafter described.
Section 2. The specific objects or purposes, or class of objects or purposes, to
be financed pursuant to this bond resolution (collectively, the “Project”), the respective
estimated maximum cost of such specific object or purpose, or class of object or purpose,
the principal amount of serial bonds authorized herein for such specific object or purpose,
or class of object or purpose, and the period of probable usefulness of such specific object
or purpose, or class of object or purpose, thereof pursuant to the applicable subdivision of
paragraph a of Section 11.00 of the Local Finance law, are as follows:
(a) The acquisition, construction and reconstruction of sewer system
improvements, including any applicable equipment, machinery, apparatus, land or rights-
in-land necessary therefor and any preliminary and incidental costs related thereto, at an
estimated maximum cost of $780,300, for which $780,300 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 forty (40) years
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law. Such
serial bonds shall have a maximum maturity of forty (40) years computed from the earlier of
(a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond
anticipation notes issued in anticipation of the issuance of such serial bonds; and
(b) The acquisition, construction and reconstruction of water system
improvements, including any applicable equipment, machinery, apparatus, land or rights-
30
in-land necessary therefor and any preliminary and incidental costs related thereto, at an
estimated maximum cost of $975,630, for which $975,630 principal amount of serial bonds,
or bond anticipation notes issued in anticipation of such serial bonds, are authorized herein
and appropriated therefore, having a period of probable usefulness of forty (40) years
pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. Such
serial bonds shall have a maximum maturity of forty (40) years computed from the earlier of
(a) the date of the first issue of such serial bonds or (b) the date of the first 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 $1,755,930; (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
31
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
32
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
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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 Mallett Aye
Trustee Netburn Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
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Readopt Revised Tax Warrant 25/26
The Board noted this was a prime example of why the local law for the Tax Cap
needed to be approved as a matter of course annually.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the
Board voted unanimously to approve the following resolution:
WHEREAS, the budget for the fiscal year commencing June 1, 2025, has been
duly adopted and filed with the Village Clerk; and
WHEREAS, it has been thereby determined that the sum of $23,945,922.00 will
be necessary to meet the obligations of the Village; and
WHEREAS, there has been duly credited as against said sum estimated
revenues and appropriated fund balance aggregating $7,362,018.00 leaving
$16,583,904.00 to be raised by the levying of taxes; and
WHEREAS, it appears from the Assessment Roll of the year 2024 for taxes for
the fiscal year June 1, 2025 that the total assessed valuation of real property in
the Village is $2,683,366,162 with $2,451,576,536 in the Town of Ossining
portion of the Village and $231,789,626 in the Town of Mt. Pleasant* portion of
the Village and said Assessment Rolls having been duly confirmed;
WHEREAS, the total transfers into the Library Fund from the General Fund is
$815,815.
NOW THEREFORE BE IT RESOLVED, that the tax rate for the Village of
Briarcliff Manor for the fiscal year commencing June 1, 2025 be and the same
hereby is fixed at the rate of $6.180261 on each $1,000 of assessed valuation for
properties in the Village of Briarcliff Manor located in the Town of Ossining and
$577.59451 on each $1,000 of assessed valuation for properties in the Village of
Briarcliff Manor located in the Town of Mt. Pleasant.
FURTHER RESOLVED, that the sum of $16,583,904 the same being taxes for
the fiscal year commencing June 1, 2025 be, and the same hereby is, levied
upon the taxable property in the Village of Briarcliff Manor and that the Treasurer
be and she hereby is authorized and directed to extend and carry out upon the
roll the amount to be collected from each of the persons named thereon, and the
respective amounts of said tax roll against each such parcel of taxable property
set forth thereon be and the same hereby are levied upon each parcel of taxable
property respectively which said levy includes items shown on the budget for the
fiscal year commencing June 1, 2025 theretofore adopted.
BE IT FURTHER RESOLVED, that the Board of Trustees does hereby authorize
and direct the Village Treasurer to place the delinquent water arrears on the tax
roll for fiscal year 2025-2026.
* Mt. Pleasant Assessment 100% valuation using 1.07% equalization rate
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Roll Call:
Trustee Mallett Aye
Trustee Netburn Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Authorize Village Manager to Execute a Memorandum of Agreement with
the Briarcliff Manor Policemen’s Benevolent Association
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the
Board voted unanimously to approve the following resolution:
WHEREAS, an interpretation matter arose between the parties regarding the
Article 16, Section 2 of the Collective Bargaining Agreement concerning retiree
health insurance; and
WHEREAS, the parties have engaged in good faith discussions and agreed upon
a resolution to the matter, which has been memorialized in a proposed
Memorandum of Agreement dated April 28, 2025; and
WHEREAS, the Village Board has reviewed the terms and conditions of said
Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Village Board of Trustees
hereby ratifies the Memorandum of Agreement between the Village and the PBA
regarding Article 16, Section 2 of the Collective Bargaining Agreement; and
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized to
execute said Agreement on behalf of the Village.
Roll Call:
Trustee Mallett Aye
Trustee Netburn Aye
Trustee Hunt Aye
Deputy Mayor Chatzky Aye
Mayor Vescio Aye
Authorize the Village Manager to Execute an Easement Agreement – Atria
Field
Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted
unanimously to approve the following resolution:
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BE IT RESOLVED: The Board of Trustees hereby authorizes the Village
Manager to enter into the annexed agreement relating to Atria Field-Law Park or
an agreement substantially similar, subject to the approval of the Village
Attorney.
Home Rule Request Occupancy Tax Enactment of a Special Law
The Board thanked Assemblyperson Levenberg and Senator Harckham for their
assistance with the Special Legislation.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board
voted unanimously to approve the following resolution:
WHEREAS, Article IX of the New York State Constitution and Section 40 of
the Municipal Home Rule Law provide for the passage of a specific bill by
the New York State Legislature initiated by a Home Rule Request from
local government; and
WHEREAS, the Board of Trustees of the Village of Briarcliff Manor wish to
send a Home Rule Request in support of Senate Bill# S4895-A and
Assembly Bill# A5394-A to amend the N.Y.S. Tax Law in relation to
extending the effectiveness of the occupancy tax in the Village of Briarcliff
Manor by two years; and
WHEREAS, it is hereby determined that a necessity exists for such
legislation in that the Village of Briarcliff Manor does not have the power to
enact such legislation by Local Law; therefore
IT IS HEREBY RESOLVED, that the Board of Trustees of the Village of
Briarcliff Manor respectfully submit s a Home Rule Request in support of
Senate Bill# S4895-A and Assembly Bill# A5394-A for the amendment to
the provisions of the Tax Law.
Schedule Public Hearing to amend Chapter 45, Planning Board
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board
voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for the May 20,
2025 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 45, Planning Board.
Fire Department Memberships
The Board thanked the new members for volunteering.
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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 of the Village of Briarcliff Manor
hereby approves the membership of Tushar Kirtane to the Briarcliff Manor Fire
Department.
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the membership of Jozsef Balatoni to the Briarcliff Manor Fire
Department.
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor
hereby approves the under 18 membership of Rhys Henrikson to the Briarcliff
Manor Fire Department.
Minutes
Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted
unanimously to approve the minutes of the April 1, 2025 and April 15, 2025
Regular Meetings.
Adjournment
Chief Bueti celebrated a birthday at the end of April and the Village’s
Cameraman Shane McGaffey celebrated his on May 1st. The Board wished a
very Happy Birthday to both and Trustee Hunt sung Happy Birthday to Shane.
Upon motion by Deputy Mayor Chatzky, seconded by Trustee Netburn, the
Board voted unanimously to adjourn the Regular Meeting at 8:19pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk/Assistant Village Manager
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