Village of Briarcliff Manor - Board of Trustees Minutes 6/4/2009

Board of Trustees Minutes 6/4/2009

Village Board of Trustees

Regular Meeting

June 4, 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 4^th of June 2009 commencing at 7:30 p.m.

Present

William J. Vescio, Mayor

David Venditti, Deputy Mayor

Robert Mayer, Trustee

Lori Sullivan, Trustee

Gayle Waxenberg, Trustee

Also Present

Philip Zegarelli, Village Manager

Christine Dennett, Village Clerk

Clinton Smith, Village Counsel

Public Hearing to amend Chapter 220-16, Zoning, Nonconforming Buildings, Lots and Uses

Public Hearing to amend Chapter 220-3, Zoning, to establish a new R80A Single Family Residence District

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to open the public hearings concurrently.

Mayor Vescio explained the two proposed local laws.

Ms. Sarah Yackel of Buckhurst, Fish and Jacquemart, reviewed the Scarborough Corridor Rezoning Study and what the affects of the four basic proposed changes would be.

Village Attorney Smith explained the provision regarding nonconforming lots. Note 3(d) to Village Code Schedule 220:A14 currently provides that a nonconforming lot cannot be developed if it is adjacent to a conforming lot owned by the same person. Under the proposed amendment to Chapter 220-16, lots that are rendered nonconforming as a result of Zoning Code amendments made after December 31, 2008, will not be subject to this restriction. A lot that was nonconforming on December 31, 2008, still will not be able to be developed if it is adjacent to a conforming lot owned by the same person, however. The goal is to avoid creating nonconforming lots that cannot be developed going forward, but not to change the rules already applicable to any lot.

Village Attorney Smith and Ms. Yackel explained that other than this change for lots in common ownership, the three points in the Chapter 220-16 amendments – nonconforming use, nonconforming lot, and nonconforming building – affect all property owners equally.

Mr. Mort Berger of 2 Elizabeth Court asked if a lot that was conforming prior to December 31^st but is now considered nonconforming after January 1^st could be sold to another person and built on.

Mayor Vescio stated it would be grandfathered in.

Deputy Mayor Venditti stated it would be considered a legal preexisting nonconforming parcel.

Mr. Clay Tiffany stated this was the first time he’d been exposed to the proposed local law and asked that the hearing be continued. He further stated this was a continuation of the process in which Briarcliff is furthering its economic segregation and it would result in less taxes. He asked who’s interests were being served and this was an example of appeasing the well-heeled. He stated he didn’t believe the Village should be in the business of making money for real estate interests and this was setting a precedent. He asked why there wasn’t low cost housing in the Village.

Deputy Mayor Venditti stated this was the eighth, ninth or tenth meeting over the past three years and the study was initially prepared back in 2001. He further stated it was nothing to do with economics and if Mr. Tiffany read the study he would see why it was incorporated into the Comprehensive Plan.

Mr. Tiffany stated just because something is said, doesn’t make it a fact and a regulation that limits acreage is economically driven. He asked that the Board not vote on it.

Deputy Mayor Venditti stated it was more environmentally and impact driven and urged Mr. Tiffany to read the Scarborough Corridor Study.

Trustee Waxenberg stated the proposed legislation had nothing to with any single or collective parcel of land it was strictly an environmental issue.

Village Attorney Smith stated the Board had the Part 1 EAF before them that was approved at the last meeting and the Board received comment from the Westchester County Planning Department.

Village Manager Zegarelli stated two communications were received and read them into the record as attached.

Village Attorney Smith stated the Part 1 EAF should formally be entered into the record.

Trustee Sullivan stated if anyone wanted to review the complete text they should come to Village Hall.

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the EAF Part 1 as attached.

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the public hearings to June 18^th.

Board of Trustees Announcements by Mayor Vescio

Briarcliff Investors closed on the property where the Club at Briarcliff Manor will be
Parents are reminded to please be aware of underage drinking
Joggers, walkers, bicyclists and motorcycle riders should be aware and travel with the flow of traffic and wear reflective clothing
Residents are reminded to be safe when Barbequing. Don’t leave your BBQ unattended and be sure it’s away from wood siding and wooden rails
A mailing was sent out regarding the water project and fee increases. The Board will be doing a campaign for the next 9 months to keep Resident’s aware of what’s going on.
No Idling signs will be installed over the next couple of weeks and Resident’s are encouraged to obey.
Congratulations to Henry Jamin for 20 years of service to the Village.

Village Managers Report by Village Manager Zegarelli

River Day 2009 will be on Sunday, June 7^th at Scarborough Park. A biodegradable balloon launch will take place at 8:30am as the ships sail by.
The pre-bid meetings were held for the Full Supply Project and the Scarborough Fire House Addition.
The sidewalk project will begin on June 8^th.
The guiderail project materials are due in June 10^th.
The New Croton Aqueduct is online.
The Water Department will be reading the meters to prepare for the new rates.
Tax Bills have been sent out and are due by June 30^th.
The pool is open and there are good reviews on the Concessionaire.

Public Comments

Mr. Clay Tiffany of Hall Road asked why the Board hired Village Manager Zegarelli and asked why he hadn’t been hired himself to work for the DPW. He stated his resume had great recommendations and he was more than qualified because he scored well on his SAT’s and Regents Exams.

Authorize Village Manager to Execute an Agreement – Family Services of Westchester, Inc.

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Family Services of Westchester, Inc. for Senior Advocate Services for the period from June 1, 2009 through May 31, 2010 per their proposal of $20,000.

Mr. Clay Tiffany asked for the name of the Senior Advocate and where they were located. He stated he had examples of harassment to senior citizens and would like to speak to them.

Mayor Vescio stated he should contact the Recreation Department for the name of the Senior Advocate.

Invasive Plant Species Resolution

Trustee Waxenberg thanked the CAC and Brooke Beebe for their endless hours of work.

Mr. Clay Tiffany stated it was ironic that Andy Spano was worried about plants when he wasn’t worried about people.

Mayor Vescio stated the Building Department will have an informational list of non-invasive native plant species for all building permit and planning board applications.

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

BE IT RESOLVED that the Board of Trustees of the Village of Briarcliff Manor supports the use of plant species on village property that are native to the Northeast and maintain our ecosystem. A list of these species from Westchester County is attached.

BE IT FURTHER RESOLVED that the Board of Trustees will not allow known invasive plants to be planted on any village-owned property. A list of these species from Westchester County is attached.

BE IT FURTHER RESOLVED that the Village Building Department, the Village Planning Board, and other Village boards and departments keep available the list of recommended native species and suggest that builders and homeowners include Northeastern native plants in their landscaping plans.

Recommended Westchester County Native Plants for Homeowners and Landscaper

Common Name	Genus	Species
Trees/ Shrubs

Red Maple	Acer	rubrum
Sugar Maple	Acer	saccharum
Shadbush	Amelanchier	canadensis
Devil's Walking Stick	Aralia	spinosa
Red Chokeberry	Aronia	arbutifolia
Shagbark Hickory *	Carya	ovata
New Jersey Tea *	Ceanothus	americanus
Hackberry	Celtis	occidentalis
Sweet Pepper Bush*	Clethra	alnifolia
Flowering Dogwood*	Cornus	florida
American Beech*	Fagus	grandifolia
Witch-Hazel	Hamamelis	virginiana
American Holly*	Ilex	opaca
Winterberry	Ilex	verticillata
Eastern Red Cedar*	Juniperus	virginiana
Mountain Laurel*	Kalmia	latifolia
Spicebush*	Lindera	benzoin
Tulip Tree*	Liriodendron	tulipifera
Northern Bayberry*	Myrica	pensylvanica
Black Tupelo*	Nyssa	sylvatica
White Pine*	Pinus	strobus
Am. Sycamore	Platanus	occidentalis
Black Cherry*	Prunus	serotina
White Oak*	Quercus	alba
Scrub Oak	Quercus	ilicifolia
Northern Red Oak	Quercus	rubra
Pinxter Azalea*	Rhododendron	periclymenoides
Swamp Azalea*	Rhododendron	viscosum
Dwarf Sumac	Rhus	copallina
Pasture Rose	Rosa	carolina
Am. Elderberry*	Sambucus	canadensis
American Basswood*	Tilia	americana
Eastern Hemlock	Tsuga	canadensis
High Bush Blueberry*	Vaccinium	corymbosum
Arrow-wood	Viburnum	dentatum
Highbush Cranberry	Viburnum	trilobum
Maple-leaved Virburnum	Viburnum	acerifolium

Ferns
Maidenhair Fern	Adiantum	pedatum
Ladyfern	Athyrium	filix-femina
Cinnamon Fern*	Osmunda	cinnamomea
Interupted Fern	Osmunda	claytonia
Christmas Fern*	Polystichum	acrostichoides
Marginal Shield Fern	Polystichum	marginalis

Flowering Plants

Sneezeweed *	Achillea	ptarmica
Marsh Mallow*	Althaea	officinalis
Pearly Everlasting*	Anaphalis	margaritacea
Columbine*	Aquilegia	canadensis
Jack-in-the-Pulpit	Arisaema	triphyllum
Swamp Milkweed	Asclepias	incarnata
White Wood Aster	Aster	divaricatus
New England Aster*	Aster	novae-angliae
New York Aster	Aster	novi-belgii
Virgin's Bower*	Clematis	virginiana
Joe Pye Weed*	Eupatorium	purpureum
Wild Geranium*	Geranium	maculatum
Hepatica	Hepatica	americana
Turk's-Cap Lily*	Lilium	superbum
Cardinal Flower*	Lobelia	cardinalis
Great Blue Lobelia	Lobelia	siphilitica
Bee Balm*	Monarda	didyma
Bergamot	Monarda	fistulosa
Virginia Creeper	Parthenocissus	quinquefolia
Hairy Beard-tongue*	Penstemon	hirsutus
Creeping Phlox	Phlox	stolonifera
May Apple	Podophyllum	peltatum
Jacob's Ladder	Polemonium	van-bruntiae
Solomon’s-seal	Polygonatum	pubescens
Bloodroot	Sanguinaria	canadensis
Blue-stem Goldenrod	Solidago	caesia
Showy Goldenrod*	Solidago	speciosa
Foamflower	Tiarella	cordifolia
Trillium	Trillium	grandiflorum
Iron Weed*	Vernonia	noveboracensis
Violet	Viola	sororia
Golden Alexanders	Zizia	aurea
Grasses
Big Bluestem*	Andropogon	gerardii
Purple Lovegrass	Eragrostis	spectabilis
Little Bluestem	Schizachyrium	scoparium
Wool Grass	Scirpus	cyperinus
Indian Grass	Sorghastrum	nutans

INVASIVE PLANT SPECIES

TREES*

Norway Maple and cultivars (Acer platanoides)

Black Locust (Robinia pseudoacacia)

Tree of Heaven (Ailanthus altissima)

SHRUBS*

Autumn Olive (Elaeagnus umbellata)

Japanese Barberry (Berberis thunbergii)

Tartarian Honeysuckle ( Lonicera tartarica)

Burning Bush, Winged Euonymus (Euonymus alatus)

Japanese Viburnum (Viburnum japonicum)

Japanese Wineberry (Rubus phoenicolasius)

Multiflora Rose (Rosa multiflora)

VINES AND HERBACEOUS PLANTS*

Vines

Porcelain Berry (Ampleopsis brevipedunculata)

Japanese Honeysuckle (Lonicera japonica)

Mile-a-Minute (Persicaria perfoliata)

Oriental Bittersweet (Celastrus orbiculatus)

Herbaceous plants

Purple Loosestrife (Lythrum salicaria)

Japanese Knotweed (Fallopia japonica)

Mugwort, Common Wormwood (Artemisia vulgaris)

Garlic Mustard (Alliaria petiolata)

Black Swallow-wort (Cynanchum louiseae)

Pale Swallow-wort (Cynanchum rossicum)

Giant Hogweed (Heracleum mantegazzianum)

GRASSES

Common Reed (Phragmites sp.)

Japanese Stilt Grass (Microstegium vimineum)

*Please note: These are specific plants that originated and evolved in other ecosystems. A Norway maple is NOT a New England sugar maple (Acer saccharum) and this resolution would not prohibit all maples, just the species noted.

Ms. Brooke Beebe of 317 Elm Road asked what the implementation process would be for notifying DPW of the change.

Trustee Waxenberg stated they would receive the whole list of native plants.

Ms. Beebe asked who would approve the materials.

Mayor Vescio stated the Superintendant of Public Works and then ultimately Village Manager Zegarelli.

Permission to Conduct Sidewalk Sale

Mayor Vescio stated the new banner posts with the Village logo were installed and it was attractive. He stated the post system was to announce upcoming events.

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

BE IT RESOLVED that the Board of Trustees does hereby grant permission to the Briarcliff Manor Business Association to conduct a sidewalk sale on Friday, June 19 from 12 noon to 6:00 p.m. and Saturday, June 20 from 10:00 a.m. 4:00 p.m.

BE IT FURTHER RESOLVED that the Board of Trustees does hereby waive the requirement to obtain a sidewalk vending permit to place tables and items for sale on the sidewalk.

Minutes

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the minutes of April 28, 2009 as amended.

The May 20, 2009 minutes were tabled to the next meeting.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the minutes of May 21, 2009 as amended.

Bond Resolutions

Village Attorney Smith identified the SEQRA action that was necessary and had been taken for each Bond Resolution, and might need to be taken in the case of the DPW garage improvements, under the New York State Environmental Quality Review Act.

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolutions as set forth before them:

Improvements to scarborough park

ACQUISITION OF FIRE FIGHTING APPARATUS
STORM AND SANITARY SEWER IMPROVEMENTS AND CONSTRUCTION OF NEW DPW GARAGE
improvements to village streets, park and recreation area and acquisition of machinery and apparatus

IMPROVEMENTS TO SCARBOROUGH PARK

BOND RESOLUTION, DATED JUNE 4, 2009, AUTHORIZING THE ISSUANCE OF UP TO $136,950 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 VEHICLES AND (II) THE PLANNING OF FUTURE IMPROVEMENTS TO SCARBOROUGH PARK.

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 (i) acquisition of vehicles ($101,250) and (ii) the planning of future improvements to Scarborough Park ($35,700) and 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 $136,950, 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 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 objects or purposes, the principal amount of serial bonds, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds, authorized for such specific objects or purposes, and the period of probable usefulness of such specific objects or purposes or class of objects or purposes pursuant to the applicable subdivision of paragraph a of Section 11.00 of the Local Finance law, are as follows:

(a) The acquisition of vehicles for the Village, 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 an estimated maximum cost of $101,250 for which $101,250 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(b) The planning of future improvements to Scarborough Park, 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 an estimated maximum cost of $35,700 for which $35,700 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of five (5) years pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $136,950; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized herein; (d) the maturity of such serial bonds authorized herein may not be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within the class of the Project as set forth below 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 the 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 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 will take effect upon its adoption by the Board of Trustees of the Village.

ACQUISITION OF FIRE FIGHTING APPARATUS

BOND RESOLUTION, DATED JUNE 4, 2009, AUTHORIZING THE ISSUANCE OF UP TO $10,300 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE ACQUISITION OF FIRE FIGHTING APPARATUS IN AND FOR THE VILLAGE.

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 $10,300, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of fire fighting apparatus in and for the Village, 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 $10,300; (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 27 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 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.

STORM AND SANITARY SEWER IMPROVEMENTS AND CONSTRUCTION OF NEW DPW GARAGE

BOND RESOLUTION, DATED JUNE 4, 2009, AUTHORIZING THE ISSUANCE OF UP TO $426,500 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 (I) THE acquisition, CONSTRUCTION AND RECONSTRUCTION OF STORM AND SANITARY SEWER IMPROVEMENTS AND (II) THE acquisition AND CONSTRUCTION OF A VILLAGE DPW GARAGE 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, hereby determines that it is in the public interest of the Village to authorize the financing of the costs of the (i) the acquisition, construction and reconstruction of storm and sanitary sewer improvements in and for the Village and (ii) the additional costs of the acquisition and construction of a Village DPW garage, including any preliminary and incidental costs related thereto, at a total cost not to exceed $426,500, in accordance with the Local Finance Law;

WHEREAS, on June 21, 2007 the Board of Trustees of the Village adopted a serial bond resolution (the “Prior Bond Resolution”) to finance the costs of the acquisition, construction and reconstruction of a Village DPW garage (the “Project”) in the amount of $127,500, and now hereby determines that the cost of the Project, has increased by $154,500 to $282,000;

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:

(a) The acquisition, construction and reconstruction of storm and sanitary sewer improvements in and for the Village, 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 an estimated maximum cost of $272,000 for which $272,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of thirty (30) 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 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; and

(b) The additional costs of the acquisition and construction of a Village DPW garage, 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 an estimated maximum cost of $154,500 for which $154,500 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of thirty (30) years pursuant to subdivisions 11(a) of paragraph a of Section 11.00 of the Local Finance Law (such building being of “Class A” construction and that term is defined in Section 11.00 of the Local Finance law). Such serial bonds 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; and

Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $704,500; (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 the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized by the Prior Bond Resolution and as authorized herein, and together with a state aid grant in the amount of $286,000; (d) the maturity of such serial bonds authorized herein will be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any item within the class of the Project as set forth below 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 the 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 serial bonds authorized herein and bond anticipation notes issued in anticipation of the issuance of such serial bonds, including the renewal of such bond anticipation notes, and 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 affix 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 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 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 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 obligations authorized to be issued by this bond resolution, 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 to be issued 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 Village covenants for the benefit of the holders of the obligations authorized herein 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 objects or purpose financed with the proceeds of such obligations 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 objects or purpose 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 the serial bonds authorized herein 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 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 serial bonds, and bond anticipation notes issued in anticipation of such serial bonds, authorized pursuant to this bond resolution (the “obligations”), 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 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. The Village Treasurer acting in the name and on behalf of the Village, 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.

improvements to village streets, park and recreation area and acquisition of machinery and apparatus

BOND RESOLUTION, DATED JUNE 4,2009, AUTHORIZING THE ISSUANCE OF UP TO $631,450 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 IMPROVEMENTS TO VILLAGE STREETS, (II) THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF PARK AND RECREATION AREA IMPROVEMENTS FOR THE VILLAGE, AND (III) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE FOR THE VILLAGE.

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 (i) the acquisition, construction and reconstruction of improvements to Village streets, including surface drainage ($393,300), (ii) the acquisition, construction and reconstruction of park and recreation area improvements for the Village ($53,150), and (iii) the acquisition of machinery and apparatus for construction and maintenance for the Village ($185,000), 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 $631,450, 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:

(a) The acquisition, construction and reconstruction of improvements to Village streets, including surface drainage and the acquisition of any applicable equipment, machinery, apparatus, land or rights-in-land necessary therefore and any preliminary and incidental costs related thereto, at an estimated maximum cost of $393,300 for which $393,300 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(b) The acquisition, construction and reconstruction of park and recreation area improvements for the Village, 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 an estimated maximum cost of $53,150 for which $53,150 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(c) 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 $185,000 for which $185,000 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of fifteen (15) years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of fifteen (15) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

Section 3. The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum costs of the Project will not exceed $631,450; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds authorized herein, 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.

Adjournment

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the regular meeting at 8:50pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk