Village of Briarcliff Manor - Board of Trustees Minutes 3/19/2009

Board of Trustees Minutes 3/19/2009

Village Board of Trustees

Regular Meeting

March 19, 2009

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 19^th of March 2009 commencing at 7:30 p.m.

Present

William J. Vescio, Mayor

Robert Mayer, Trustee

Elsie Smith, Trustee

Also Present

Philip Zegarelli, Acting Village Manager

Christine Dennett, Village Clerk

Clinton Smith, Village Counsel

Absent

David Venditti, Deputy Mayor

Gayle Waxenberg, Trustee

Board of Trustees Announcements by Mayor Vescio

Anthony Turiano passed away. Mr. Turiano was hired in 1955 by Mayor Alexander Hunter. He retired in 1993 and continued to work part time until 2000. The Board sent their condolences to his family.
The new Library and Community Center will host Arts Abloom 10510. Showcasing artwork starting May 3^rd in the new Community Center. Tickets are $10 each.
The Pocket Park work has resumed. A dedication ceremony will be held on 5/16 at 2pm.
A 5k walk/run will be in May co-hosted by Friends of the Library and the Community Coalition.

Village Managers Report by Acting Village Manager Zegarelli

The Tentative budget for FY 09-10 was filed on March 18^th. The Friendly Budget will be available by Friday on the website and hard copies are available for review.
The flag was received for the quadricentennial.
A letter was sent to Westchester County to renew contract for the CDBG grant for the senior bus.
Stash the Trash will be on 4/18 at the Youth Center from 10am-2pm.
The Egg Hunt will be on 4/4 at Law Park.
The Village received a turn off notice from Con Edison for 858 Pleasantville Road.

Village Clerk Dennett announced the election results from the Annual Village Election.

Public Comments

There were no public comments.

Scheduling of Special Meeting and Public Hearing

Annual Organizational Meeting

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

BE IT RESOLVED, that the Annual Organizational Meeting of the Board of Trustees is hereby scheduled for April 13, 2009 at 7:00 p.m.

2009-2010 Tentative Budget Public Hearing

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

BE IT RESOLVED, that a Public Hearing for the 2009-2010 Tentative Budget is hereby scheduled for April 2, 2009 at 7:30 p.m.

Award of Bid

Round Hill Pump Station Project

Acting Village Manager Zegarelli explained the project and stated there was a potential shortfall in the budget of $18,200.

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

BE IT RESOLVED that the bid for the Round Hill Pump Station Project (VM-0809-07) is hereby awarded to Foremost Development, LLC. per their bid of $297,900.

BE IT FURTHER RESOLVED that the Acting Village Manager is hereby authorized and directed to execute a contract with Foremost Development, LLC. for electrical services.

Annual Sidewalk Project

Mayor Vescio stated the project was to improve the sidewalks from Buckhout Road to the High School and they hoped to complete the project by the Fall.

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

BE IT RESOLVED that the bid for the Annual Sidewalk Project (VM-0809-09) is hereby awarded to Paladino Concrete Creations. per their bid of $91,180.

BE IT FURTHER RESOLVED that the Acting Village Manager is hereby authorized and directed to execute a contract with Paladino Concrete Creations for sidewalk and curb replacement services.

Water Reserve Fund Appropriation

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 $22,126.90 from the Water Fund Capital Reserve, Capital Projects account to the Capital Water Projects Fund for the Round Hill Road Pump Station project (H8397.201.08520) and the remainder to the Water Fund fund balance.

Budget Amendment - Street Opening Permit

Village Attorney Smith noted it was a reimbursement to the Village for repairs that were already done for a project not completed by a contractor.

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

BE IT RESOLVED that the budget for fiscal year 2008-2009 is hereby amended as follows:

Increase General Fund Miscellaneous Revenue (A0101.2770) by $800.

Acceptance of Gift from The Great Atlantic & Pacific Tea Company Inc.

Mayor Vescio stated the Police Department received a check for $500 at the A&P Fresh grand opening. He thanked them for their donation and stated it was greatly appreciated.

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

BE IT RESOLVED that the budget for fiscal year 2008-2009 is hereby amended as follows:

Increase General Fund Gifts and Donations Revenue (A0101.2705) by $500.

Environmental Compliance for Bond Resolutions

Village Attorney Smith stated both projects were type 2 and the Board didn’t need to approve the resolution.

Bond Resolutions

Scarborough Firehouse

Mayor Vescio requested a timeline for the project.

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

BOND RESOLUTION, DATED MARCH 19, 2009, AUTHORIZING THE ISSUANCE OF UP TO $1,545,590 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF AN ADDITION TO SCARBOROUGH FIREHOUSE.

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 the costs of the acquisition, construction and reconstruction of an addition to a firehouse, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at a total estimated cost not to exceed $1,545,590, 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, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $1,545,590, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of an addition to a firehouse, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore, including any preliminary and incidental costs related thereto (collectively, the “Project”).

Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project will not exceed $1,545,590; (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, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of the serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein 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 the capital financing of such expenditure.

Section 3. It is hereby determined that the Project is an object or purpose, or of a class of object or purpose, as 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 (such building being of “Class A” construction as that term is defined in Section 11.00 of the Local Finance Law). The serial bonds authorized herein shall have a maximum maturity of twenty-five (25) 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 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/or 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 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 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 is hereby authorized to impress the seal of the Village (or to have imprinted a facsimile thereof) on 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 are 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 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 publication of this bond resolution, or such summary thereof, were 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 were 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 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 (collectively, the “obligations”), to finance the 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 any 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 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 Board of Trustees of the Village.

Section 9. For the benefit of the holders and beneficial owners from time to time of the serial bonds authorized herein, and of bond anticipation notes issued in anticipation of the issuance of such serial bonds, the Village agrees, in accordance with and as an obligated person with respect to such obligations under, Rule 15c2-12 (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, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of such 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 and 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.

Brookwood Drive Sanitary Sewer

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

BOND RESOLUTION, DATED MARCH 19, 2009, AUTHORIZING THE ISSUANCE OF UP TO $32,640 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 ADDITIONAL COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO THE BROOKWOOD DRIVE SANITARY SEWER SYSTEM.

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 the additional costs of the acquisition, construction and reconstruction of improvements to the Brookwood Drive sanitary sewer system, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto (the “Project”), at a total estimated cost not to exceed $32,640, all in accordance with the Local Finance Law; and

WHEREAS, on June 21, 2007, the Board of Trustees of the Village adopted a serial bond resolution to finance the costs of the Project in the amount of $20,400 (part of a consolidated serial bond resolution in the principal amount of $351,900); and

WHEREAS, the Board of Trustees of the Village now hereby determines that the cost of the Project has increased by $32,640 (the amount authorized herein) to $53,040,

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, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $32,640, pursuant to the Local Finance Law, in order to finance the additional costs of the acquisition, construction and reconstruction of improvements to the Brookwood Drive sanitary sewer system, including the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore, including any preliminary and incidental costs related thereto (the “Project”).

Section 2. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum additional costs of the Project will not exceed $32,640; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project except as set forth in clause (c) of this Section 2 as to the bond anticipation notes issued in anticipation of the issuance of serial bonds of the Village previously issued under the Prior Resolution; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the $32,640 proceeds of the serial bonds, or bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized herein together with proceeds of obligations not exceeding $20,400 authorized and issued under a previous bond resolution; and (d) the maturity of the serial bonds authorized herein may be in excess of five (5) years.

Section 3. It is hereby determined that the Project is an object or purpose, or of a class of object or purpose, as described in subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is thirty (30) years (such building being of “Class A” construction as that term is defined in Section 11.00 of the Local Finance Law). The serial bonds authorized herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

Budget Transfer - Backhoe

Acting Village Manager Zegarelli stated the equipment caught on fire due to an electrical problem and the Village received a reimbursement check for $60,000 from the insurance company but there was a shortfall to purchase a new one. He requested monies be transferred to cover the cost.

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

BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfer:

From: A1999.499 Contingency $19,144.43

To: A5110.203 Equipment $19,144.43

Minutes

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the minutes of March 5, 2009 as amended.

The minutes of March 11, 2009 were tabled to the next meeting because there was a non-quorum of non-members of Sleepy Hollow County Club.

Adjournment

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to close the regular meeting at 8:05pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk