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Board of Trustees Minutes 05/15/2008
Village Board of Trustees
Regular Meeting
May 15, 2008
7:30 p.m.

The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York of the 15th of May 2008 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee

Also Present
Ingrid Richards, Interim Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Board of Trustees Announcements from Trustee Waxenberg
  • The government channel on Verizon FIOS is channel 30
  • Please be mindful of bicyclists and they should also be mindful and observe all traffic and safety laws
  • BriCA is holding a private tour of the Pepsico Gardens on June 12th.  Tickets are $15
  • A reminder to Little League using Neighborhood Park to be diligent with picking up trash and observing the no parking signs
  • Village Offices will be closed on Memorial Day
  • 1st Annual 5k on Memorial Day for more information please contact David Isaac at 941-0485
  • The Memorial Day Parade will begin at 12:00pm
  • Examples of grants received by the Briarcliff Manor School District were stated.  
Village Managers Report by Village Manager Blau
  • The Scarborough Station overpass will be removed and there will be night work for a week and a half
  • Village Engineer David Turiano will give a presentation regarding stormwater management at the next Board of Trustees meeting
Capital Budget FY 07-08 Bond Resolution

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BOND RESOLUTION, DATED MAY 15, 2008, AUTHORIZING THE ISSUANCE OF UP TO $29,000 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE ADDITIONAL COSTS OF THE reconstruction OF DRAINAGE IMPROVEMENTS TO VILLAGE ROADS.

        WHEREAS, the Board of Trustees of the Village of Briarcliff Manor (the “Village”), a municipal corporation of the State of New York, located in the County of Westchester, hereby determines that it is in the public interest of the Village to authorize the financing of additional costs of the reconstruction of drainage improvements to Village roads, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $29,000, in accordance with the Local Finance Law;
        WHEREAS, on May 18, 2006 the Board of Trustees of the Village adopted a serial bond resolution (the “Prior Bond Resolution”) to finance the reconstruction of Village roads (the “Project”) in the amount of $102,000, and now hereby determines that the cost of the Project, including drainage improvements, has increased by $29,000 to $131,000;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Briarcliff Manor, in the County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $29,000, pursuant to the Local Finance Law, in order to finance the additional costs of the reconstruction of drainage improvements to Village roads, including the acquisition of any applicable equipment, machinery, apparatus, land and rights-in-land necessary therefor and any preliminary and incidental costs related thereto.
        Section 2.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum additional costs of the Project are $29,000; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as authorized under the Prior Resolution; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized by the Prior Bond Resolution and as authorized herein; and (d) the maturity of such serial bonds authorized herein may be in excess of five (5) years.
        Section 3.      It is hereby determined that additional costs of the Project, at an estimated maximum cost of $29,000, for which $29,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein, such objects or purpose, or class of objects or purpose, 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 and such serial bonds shall have a maximum maturity not to exceed fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        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 serial bonds as authorized herein, and bond anticipation notes issued 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 sell, issue 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 issued pursuant to this bond resolution and all bond anticipation notes issued in anticipation of the issuance of such serial bonds, and the Village Clerk (and Village Clerk) is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) to all such serial bonds and all such 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.      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 (or 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 Journal News, a newspaper having a general circulation in the Village.  The validity of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, may be contested only if such obligations are authorized for an object or purpose, or class of object or purpose, for which the Village is not authorized to expend money, or the provisions of law which should have been complied with as of the date of the publication of this bond resolution, or a 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 of New York.
        Section 7.      Prior to the issuance of any 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 any obligations authorized herein upon the advice of bond counsel.  It is hereby and has been 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 serial bonds authorized herein, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds (the “obligations”), to finance the additional costs of the Project.  The Village covenants for the benefit of the holders of such obligations that it will not make any use of the proceeds of such obligations, any funds reasonably expected to be used to pay the principal of or interest on such obligations or any other funds of the Village, and will not make any use of the Project which would cause the interest on such obligations to become subject to Federal income taxation under the Internal Revenue Code of 1986, as amended (the “Code”) (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code, and that it will not take any action or omit to take any action with respect to such obligations, the proceeds thereof or the Project financed thereby, if such action or omission would cause the interest on such obligations to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by section 55 of the Code), or subject the Village to any penalties under section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of serial bonds authorized and issued under this bond resolution or any other provisions hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of any obligations authorized herein may be applied to reimburse the additional expenditures or commitments of the Village made in connection with 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 serial bonds and bond anticipation notes issued in anticipation of the issuance of such serial bonds, as authorized herein, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12, as amended (the “Rule”), promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934, 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 (or 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 with 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 (or Village Clerk).

Budget Amendment, Scarborough Park Pier State Grant

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the budget for Fiscal Year 2007-2008 is hereby amended as follows:

Increase Appropriation – Scarborough Park – Design and Engineering
(H7110.201.06740) by $16,305.01

Increase Revenue – State Aid General Government Capital Grant
(H0101.3097) by $16,305.01

Appropriation of Contingency, Executive Personnel

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does hereby appropriate $17,603.08 of Contingency to fund unused vacation and compensation time for a member of the non-union staff.  

Appropriation of Fund Balance

Police Department Overtime

The Board had general discussion relating to the budgeting of Police Department overtime.  

Mayor Vescio asked that Chief Campion attend their next work session.  

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does hereby appropriate $92,000 of Fund Balance in the General Fund to cover the cost of the Police Department Overtime through the end of the fiscal year (May 31, 2008).  

Law Contractual

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does hereby appropriate $64,291 of Fund Balance to the General Fund to cover Law Contractual through the end of the fiscal year (May 31, 2008).  

Authorize Interim Village Manager to Execute Agreement, Professional Consulting, LLC

Village Attorney Smith noted it was a type II SEQRA action.  

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Professional Service Agreement with Professional Consulting, LLC, to provide engineering services for the cleaning and lining of portions of the Scarborough Road Trunk Sewer System and the completion of a Sanitary Sewer Evaluation Survey for Long Hill Road per their proposal of $82,900.

Schedule Public Hearing: Community Development Block Grant Applications

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that a Public Hearing is hereby scheduled for June 5, 2008 to hear and discuss applications to be submitted for Community Development Block Grant funding.

Board of Trustees Announcements

Trustee Waxenberg noted the pre-prom would convene at the Law Park Pavilion.  She asked for a list of restrictions and a tip sheet to provide to the school.  

Mayor Vescio stated the first floor was framed at the library and the second floor was started.  He stated the roof would be on the first week in June and the project was moving along very well.  

Adjournment

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the meeting at 8:00pm.

Respectfully submitted by,

Christine Dennett