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Board of Trustees Minutes 06/16/2010
Village Board of Trustees
Regular Meeting
June 16, 2010
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 16th of June 2010 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Anthony Capasso, Trustee
Robert Mayer, Trustee
Lori Sullivan, Trustee

Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Absent
David Venditti, Deputy Mayor

Board of Trustees Announcements by Trustee Mayor Vescio
  • The Board is seeking applicants to fill the vacant position of Acting Judge.  Interested parties should send their resume to the Village Manager.
  • The Village is looking for pictures for the website.  Please email them to the Village Clerk.
  • Summer is upon us and the Board wished everyone a safe and enjoyable summer.  Tips were offered to celebrate and enjoy the summer safely.  There is a potential for a record number of storms this summer and residents are advised to not approach or move downed wires.  If anyone experiences a power outage they should contact Con Edison at 1-800-ConEd.  
Trustee Mayer read a letter into the record from Westchester County to the Briarcliff Manor Fire Department for commending Steven Vescio and the Fire Department for their life saving efforts during the February snow storm.  

Village Managers Report

  • The Full Supply Water Project is moving along well.  
  • The New York City Water Board notified the Village that effective July 1st their rates would increase by 25%.  
  • Several meetings were held with FEMA to recoup funds for the March Nor Easter.  
  • The Village is revamping its website and looking for suggestions to improve its functionality and design.
  • The Village separation agreement was sent to all full time employees.  The State is offering its own retirement incentive.  
  • The field at the Club site is moving along quite fast and will be ready for use in spring 2011.  
  • Tax Bills are out and are due by July 1st.   
  • The Town of Ossining received over 300 filings for tax grievances.  
  • Call the Police Department to arrange for them to check on your home while you’re out of town.  
  • Scarborough Firehouse is expected to be completed in early June.
Public Comments

None

Amendment to Chapter 220, Zoning and Proposed Special Use Permit for Urstadt Biddle Properties Inc. (Chilmark Shopping Center)

Mr. William Null, Attorney for Applicant, explained the proposed application and requested the Board refer the application to the Planning Board for their review and recommendation.  He further requested the Board declare their intent as lead agency for SEQRA.  

Village Attorney Smith stated the Board was referring the proposed text amendment and proposed Special Use Permit to the Planning Board for their review and recommendation.  He stated the Board of Trustees would have review over all aspects of the application.  

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

BE IT RESOLVED that the proposed amendment to Chapter 220 of the Village Code to establish a new Special Use Permit in a retail business district and the proposed Special Use Permit for Urstadt Biddle Properties Inc. (Chilmark Shopping Center) is hereby directed to the Planning Board for review and recommendation for review and comment as they see fit.

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

RESOLUTION
VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES
State Environmental Quality Review Act Determination
Lead Agency, EAF Part 1, Preliminary Classification
Chilmark Shopping Center Rezoning & Expansion

WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) received a Petition dated May~28, 2010, with Exhibit~A (“Petition”), and accompanying Full Environmental Assessment Form Part~1, prepared by Robert Aiello of John Meyer Consulting, PC dated May~28, 2010 (“EAF”), Parking and Traffic Study prepared by John Meyer Consulting, PC dated May~28, 2010, and Plans prepared by John Meyer Consulting, PC dated May~27, 2010, from Urstadt Biddle Properties, Inc (“Petitioner”), as owner of a 4.829 acre parcel identified as Tax Section~90.17, Block~1, Lots~2, 3, 4, 5, 6, and 57 located at the intersection of Orchard Road and Pleasantville Road in the Village and commonly known as the Chilmark Shopping Center (“Property”), seeking to change certain Village zoning code parking requirements incident to an expansion and partial renovation of the shopping center operating at the Property (“Shopping Center”) and corresponding amendment of the site plan approval for the Property and issuance of a special permit for shared parking at the Shopping Center if the Village zoning code parking requirements are changed as sought by the Petition (“Proposed Action”); and

WHEREAS, the Board of Trustees has determined that the Proposed Action is subject to the State Environmental Quality Review Act (“SEQR”), that it does not involve any federal agency, and that it will involve other agencies; and
WHEREAS, the Board of Trustees reviewed the EAF for preliminary assessment of the environmental impacts of the Proposed Action under SEQR; and

WHEREAS, the Proposed Action has primarily local impacts, and the Board of Trustees is the local agency involved in the Proposed Action which has the broadest governmental powers for the investigation into the impacts of the Proposed Action and the greatest capability for providing the most thorough environmental assessment of the Proposed Action;

NOW THEREFORE, be it
RESOLVED, that the Mayor or his designee is authorized to sign the EAF Part~1; and further

RESOLVED, that the Board of Trustees declares that it is Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQR; and further

RESOLVED, that the Village Clerk is directed to transmit and file a notice of the Board of Trustees’ intent to serve as Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQR pursuant to 6~N.Y.C.R.R.~§617.6(b).

RESOLVED, that based on the information contained in the EAF, the Board of Trustees preliminarily classifies the Proposed Action as an Unlisted Action under SEQR pursuant to 6~N.Y.C.R.R.~§617.6(a).

Schedule Public Hearing to Amend a Special Use Permit – Congregation Sons of Israel

The agenda item was tabled to the next meeting.

Authorize Mayor to Execute an Agreement with the Village Manager

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

BE IT RESOLVED that the Mayor is authorized to execute an agreement with Philip Zegarelli for his service in the 2010/2011 Village year as Village Manager and Deputy Village Clerk.  

Budget Transfers – Library

The agenda item was tabled to the next meeting.

Bond Resolutions

Village Attorney Smith stated they reviewed them and they were fairly standard.  He further stated a unanimous vote was needed to approve the resolutions.  

Village Manager Zegarelli stated the Village Engineer would do any Environmental Assessment Forms as required.  

Trustee Sullivan stated she would approve them based on Counsel’s review in substance and form.  

The Board had general discussion relating to how the bonds were grouped and the amounts authorized.  

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

BOND RESOLUTION, DATED JUNE 16, 2010, AUTHORIZING THE ISSUANCE OF UP TO $426,207 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, (II) THE ACQUISITION OF MACHINERY AND APPARATUS FOR CONSTRUCTION AND MAINTENANCE, (III) THE ACQUISITION OF EQUIPMENT AND FURNISHINGS AND (IV) THE PLANNING OF FUTURE IMPROVEMENTS TO MUNICIPAL BUILDING MECHANICAL SYSTEMS.

        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 ($31,467), (ii) the acquisition of machinery and apparatus for construction and maintenance ($12,240), (iii) the acquisition of various equipment and furnishings ($372,300) and (v) the planning of future improvements to municipal building mechanical systems ($10,200) 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 $426,207, 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 $426,207 pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes of 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 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 $31,467 for which $31,467 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 acquisition of machinery and apparatus for construction and maintenance, 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 $12,240 for which $12,240 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 28 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
        (c)     The acquisition of various equipment and furnishings, 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 $372,300 for which $372,300 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 five (5) years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law.  Such serial bonds shall have a maximum maturity of five (5) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and
        (d)     The 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 $10,200 for which $10,200 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 $426,207; (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 Gazette, 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.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:

BOND RESOLUTION, DATED JUNE 16, 2010, AUTHORIZING THE ISSUANCE OF UP TO $762,960 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 ($380,460), (ii) the acquisition, construction and reconstruction of park and recreation area improvements for the Village ($255,000), and (iii) the acquisition of machinery and apparatus for construction and maintenance for the Village ($127,500), 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 $762,960, 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 $762,960, pursuant to the Local Finance Law, in order to finance the costs of the specific objects or purposes, or classes of 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 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, 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 $380,460 for which $380,460 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 $255,000 for which $255,000 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 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 $127,500 for which $127,500 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 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 $762,960; (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.
        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 Gazette, 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.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:

BOND RESOLUTION, DATED JUNE 16, 2010, AUTHORIZING THE ISSUANCE OF UP TO $81,600 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 TRAFFIC SIGNALS IN AND 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 the acquisition of traffic signals 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 a total estimated cost not to exceed $81,600, 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 $81,600, pursuant to the Local Finance Law, in order to finance the costs of the acquisition of traffic signals 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 $81,600; (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 72(a) of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is twenty (20) years. The serial bonds authorized herein 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 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 Gazette, 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.

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

BOND RESOLUTION, DATED JUNE 16, 2010, AUTHORIZING THE ISSUANCE OF UP TO $714,000 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 THE COSTS OF THE ACQUISITION, CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO BUILDINGS.

        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 improvements to buildings, 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 $714,000, 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, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $714,000, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of improvements to buildings, 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 $962,211; (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 and additional grant funds; (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 Gazette, 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.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:

BOND RESOLUTION, DATED JUNE 16, 2010, AUTHORIZING THE ISSUANCE OF UP TO $81,600 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 CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO VILLAGE SANITARY SEWER SYSTEMS.

        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 construction and reconstruction of improvements to Village sanitary sewer systems, 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 $81,600, 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 $81,600, pursuant to the Local Finance Law, in order to finance the costs of the acquisition, construction and reconstruction of improvements to Village sanitary sewer systems, 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”).     
        Section 2.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $81,600; (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 or bond anticipation notes issued in anticipation of such serial bonds authorized herein; (d) the maturity of such serial bonds authorized herein may 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 3.      It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, 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.  The serial bonds authorized herein shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        Section 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 Gazette, 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.  
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:

BOND RESOLUTION, DATED JUNE 16, 2010, AUTHORIZING THE ISSUANCE OF UP TO $239,700 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF THE CONSTRUCTION AND RECONSTRUCTION OF IMPROVEMENTS TO VILLAGE WATER SYSTEMS.

        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 construction and reconstruction of improvements to Village water systems, including installation and engineering costs, 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 $239,700, all in accordance with the Local Finance Law;
        NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Briarcliff Manor, County of Westchester, State of New York, as follows:
        Section 1.      There is hereby authorized to be issued serial bonds of the Village, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, in the aggregate principal amount not to exceed $239,700, pursuant to the Local Finance Law, in order to finance the costs of the construction and reconstruction of improvements to Village water systems, including installation and engineering costs, 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 (the “Project”).        
        Section 2.      The Board of Trustees of the Village has ascertained and hereby states that (a) the estimated maximum cost of the Project is $239,700; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from the proceeds of the serial bonds or bond anticipation notes issued in anticipation of such serial bonds authorized herein; (d) the maturity of such serial bonds authorized herein may 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 3.      It is hereby determined that the Project is a specific object or purpose, or of a class of object or purpose, described in subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law and that the period of probable usefulness of the Project is forty (40) years.  The serial bonds authorized herein shall have a maximum maturity of forty (40) years computed from the earlier of (a) the date of the first issue of such serial bonds, or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.
        Section 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 Gazette, 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.
Adoption of Vehicle Policy

Trustee Sullivan stated she had concerns with Attachment “A”.  

Mayor Vescio stated it was a document in transition and could be modified as necessary.  

Trustee Mayer requested the document be presented to the Board annually for review.  

Upon motion by Trustee Capasso, seconded by Trustee Mayer, with one nay vote by Trustee Sullivan, the Board voted to approve the following resolution and authorize the Village Manager to make any non-material changes to the policy:

BE IT RESOLVED that the Board of Trustees hereby approves the following Vehicle Policy:

Village of Briarcliff Manor
Village Vehicle Policy

The following shall constitute the automobile acquisition and use policy for all village owned/leased vehicles and for the reimbursement for private vehicles when utilized for official business.

  • It is the intent of the Mayor and the Board of Trustees  (M/BOT) that the Village of Briarcliff Manor (VBM) seek to reduce its “carbon footprint” through the reduction of vehicle use throughout the village; the elimination of non-essential vehicles for employees; and, the purposeful replacement of existing required vehicles.  While not technologically feasible in all cases, the VBM shall seek out alternative fuel power lines of vehicles, including hybrids, diesel, flex fuel, and other such innovations in drive trains that may become available. This is to promote the decrease in consumption of petroleum, encourage more efficient vehicles and to substitute, wherever practical and appropriate, a reimbursement per mile rate, based upon the current Internal Revenue Service (IRS) and New York State (NYS) rates then in effect.
  • Prior to the M/BOT re-organizational session, the Village Manager (VM) shall compile a list of all vehicles owned/leased by the Village, including but not limited to: the make, model and mileage of the vehicle, the department and person to whom it is assigned, whether owned or leased, and if leased, the termination date thereof, as well as the municipal purpose for each vehicle as assigned in Attachment A.  The list will also include which vehicles are IRS fringe benefit vehicles and the IRS value of the benefit.  The list will also provide the commuting miles of the three volunteer Fire Chiefs.
  • The VM, concurrent with his compilation of vehicles owned/leased by the VBM, shall prepare a list of employees, by name, position and department who are recipients of a monthly car allowance and the amount of such payment.  Upon receipt of this list of outstanding vehicles and employees entitled to payments, the VBM VM shall initiate and the BOT shall audit and approve such list as attached to the policy.
  • The following VBM employees shall be allocated (offered) the use of a vehicle owned by the Village: the VM (terms and conditions under separate contract), the Chief of Police (terms and conditions under separate agreement, dated 3/7/04), the Engineer/ Building Inspector, the Superintendent and General Foreman of Public Works, the Superintendent of Recreation, and the three (3) Fire Chiefs.
  • Such vehicles are provided to the aforementioned department heads for the execution of their official responsibilities, as a discretionary benefit and not to be considered entitlements or a condition of employment.  Such vehicles may be used for commuting use subject to the limitations and conditions set forth in this policy.  All vehicles, with the exception of the Chief of Police and unmarked police vehicles will have identifying lettering or doors of the VBM and of such Department as the vehicle may be assigned.  All employees granted vehicles stated in this section will be required periodically to submit a monthly mileage report to the VM.  All employees utilizing Village vehicles as a fringe benefit will be taxed as per IRS rules and reported on their W-2.
  • In the event that an authorized individual opts to utilize his or her own vehicle, an allowance will be paid of up to $152.32 each of the 26 pay periods. Said allowance shall be paid as additional salary to said employee in each pay period of the year. It will be included in the employee’s annual W-2 statement.
  • Fire Response Vehicles shall be provided to the respective three (3) Fire Chiefs.  A specific vehicle is to be assigned to a specific chief for his/her full term of office. The assigned vehicle in all instances shall be considered the property of the VBM and in no way shall be considered a personal vehicle. The assigned vehicle may be used by the Fire Chief’s to commute to his/her place of employment within a limitation of a 25 mile radius from his/her residence; the assigned vehicle shall not be used for any purpose beyond a radius of 50 miles from the VBM Village Hall without the expressed approval of the VM and compliance with such conditions of approval as may be imposed; PROVIDED,  however, that no approval shall be needed for firematic response. The assigned vehicle is, under no circumstances, to be used for personal vacation or similar type of activities.
  • Employees with VBM owned/leased vehicles may utilize the village’s fuel facility for fuel for their specific vehicle only and are subject to the rules and regulations of operation for that facility.  Those employees who are provided a monthly allowance are not permitted to utilize the village’s fuel facility.
  • When a VBM employee or Volunteer Fire Chief with a village owned/leased is required to travel on official business that requires overnight travel, permission must be granted in advance by the VM.  In the event that a VBM employee utilizes their own personal/private vehicle for official use in representing or meeting the needs of the VBM, reimbursement for mileage associated with the official function shall be reimbursed by the VBM at the then prevailing IRS rate.  Such charges are to be documented in keeping with existing VBM policies then in effect.
  • The VBM shall require any and all of its employees who operate any Village owned or leased vehicle or piece of equipment to subscribe to the Village’s membership in the License Event Notification Service (LENS).  The LENS program automatically notifies the Village of driver license events that occur, including but not limited to; the expiration, the suspension, or the revocation of a driver license; the restoration of a driver license; traffic convictions; reportable accidents; the completion of a training course to reduce points and insurance premiums.
  • Accident Investigation Procedures:  VBM realizes some accidents are unpreventable.  All employees should seek prompt and effective medical attention immediately, if necessary.  Providing detailed facts of the accident will help our insurance carrier deter fraudulent third party insurance schemes.
  • All employees with VBM vehicles are required to document all details of an accident:  traffic flow, speed limits, stop lights/signs, weather conditions, citations issued, etc.  Pictures should be taken to document the extent of damage to all vehicles involved.  
  • Once this information is secured, the driver is to report all accidents immediately to the Village Clerk and the VM.  If the vehicle is inoperable, arrangements need to be made for towing and delivery to the VBM DPW yard, as appropriate.
  • Any accidents that occur while using a vehicle in violation of the stated guidelines of this policy may result in the driver being held responsible for repairs and associated costs.
  • Vehicles for Personal Use (unless otherwise provided for in this policy):
  • Personal use of VBM vehicles is prohibited. Written permission may be granted by the VBM for extreme situations outside the bounds of this policy.  If permission is granted, the employee assigned to the vehicle will be the only driver allowed to operate the vehicle.  
  • Use of the VBM vehicle is limited to travel to and from work and work related events.  The vehicle is not to be used for personal and/or entertainment purposes.  Commuting miles may not exceed 25 miles without the expressed approval of the VM and compliance with such conditions of approval as may be imposed.
  • Village vehicles may not be used to transport persons who are not officials or employees of the VBM, nor material not related to the conduct of official Village business, without direct authorization by the appropriate Department Head or the Village Board.
  • VBM realizes a proper working vehicle is the first step to ensuring everyone’s safety. VBM encourages all employees to report any and all maintenance and malfunction issues immediately to the Superintendent of DPW with a courtesy copy to the VM.  
  • The foregoing policy shall be provided in writing to all employees and a formal acknowledgment by each shall be documented upon assignment of a Village vehicle or authorization for reimbursement.  Further, this policy shall be incorporated into the VBM employee handbook.  
  • This policy shall be subject to amendment during the year and may be done by the Village Manager under the direction of the BOT, as so determined and necessary.
  • This Policy and attached documents shall become effective as of 1 June 2010 upon the adoption by the VBM M/BOT.  It is subject to re-adoption at the annual re-organizational meeting of the VBM M/BOT.
  • The VM is hereby authorized to make non-material changes to this policy, periodically, in order to better effectuate the Terms, Conditions and Intent of this vehicle policy.
Adopted by the Board of Trustees on:    June 16, 2010
Effective Date:    June 16, 2010


Fire Department Membership – Herrero

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 hereby approves the membership of Jose Herrero to the Briarcliff Manor Hook & Ladder Company.  

Tax Abatements

Village Attorney Smith stated all of the stipulations were ordered by the Court.  

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution as set forth below:

WHEREAS, Stipulations of Settlements and Orders and the Small Claims Assessment Review have been issued for 21 Village parcels for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, those Stipulations of Settlements and Orders reduced the tax assessment for the properties for the Fiscal Year 2010-2011 assessment roll as set forth in the schedule below; and

WHEREAS, the Stipulations of Settlements and Orders were received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bills for Fiscal Year 2010-2011 based upon the reduced assessment values in the Stipulations of Settlements and Orders and further adopts the attached set of resolutions for each of the specific properties.

171 Hungerford Road North

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 171 Hungerford Road North; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 171 Hungerford Road North for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $6,810 from $44,060 to $37,250; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $594.57 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

80 Fuller Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 80 Fuller Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 80 Fuller Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $1520 from $27,230 to $25,710; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $132.71 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

81 Holbrook Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 81 Holbrook Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 81 Holbrook Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $785 from $28,420 to $27,635; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $68.54 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

106 Cherry Hill Court

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 106 Cherry Hill Court; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 106 Cherry Hill Court for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $10,225 from $51,175 to $40,950; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $892.73 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.


103 Cherry Hill Court

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 103 Cherry Hill Court; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 103 Cherry Hill Court for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $12,225 from $57,225 to $45,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,067.35 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

30 Plumwood Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 30 Plumwood Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 30 Plumwood Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $10,850 from $88,200 to $77,350; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $947.30 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

199 Sleepy Hollow Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 199 Sleepy Hollow Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 199 Sleepy Hollow Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $9710 from $70,000 to $60,290; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $847.77 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

200 Law Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 200 Law Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 200 Law Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $2,600 from $56,600 to $54,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $227.00 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

7 Brookwood Drive

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 7 Brookwood Drive; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 7 Brookwood Drive for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $9,150 from $51,150 to $42,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $798.88 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

38 Brookwood Drive

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 38 Brookwood Drive; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 38 Brookwood Drive for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $10150 from $63150 to $53000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $886.18 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

29 Drislane Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 29 Drislane Road; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 29 Drislane Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $4,500 from $45,000 to $40,500; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $392.89 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

637 Long Hill Road West

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 637 Long Hill Road West; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 637 Long Hill Road West for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $11,085 from $53,400 to $42,315; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $967.82 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

63 Cottonwood Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 63 Cottonwood Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 63 Cottonwood Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $13,085 from $112,050 to $98,965; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,142.44 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

51 Shellbark Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 51 Shellbark Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 51 Shellbark Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $7,300 from $116,500 to $109,200; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $637.35 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

11 Country Club Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 11 Country Club Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 11 Country Club Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $21,900 from $87,600 to $65,700; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,912.06 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

123 River Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 123 River Road; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 123 River Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $6,240 from $58,240 to $52,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $544.81 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

112 Holly Place

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 112 Holly Place; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 112 Holly Place for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $7,950 from $58,000 to $50,050; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

WHEREAS, the Village received payment in the amount of $2,531.96 for the first installment of 2010-2011 taxes due on the property based on the assessed value prior to any adjustment of the Stipulation of Settlement and Order (“First Installment Payment”);

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $694.10 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

BE IT FURTHER RESOLVED, that the payment of a tax refund in the amount of $347.05 as that portion of the First Installment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Stipulation of Settlement and Order.

124 Holly Place

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 124 Holly Place; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 124 Holly Place for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $5,200 from $70,000 to $64,800; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $454.01 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

25 Holly Place

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 25 Holly Place; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 25 Holly Place for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $4,150 from $54,200 to $50,050; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $362.33 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

20 Admiral Wordens Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 20 Admiral Wordens Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 20 Admiral Wordens Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $4000 from $58,000 to $54,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $349.24 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

19 Avondale Court

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 19 Avondale Court; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 19 for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $7,950 from $58,000 to $50,050; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $323.04 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

Minutes

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the minutes of June 2, 2010.  

Adjournment

There will be a work session on Tuesday, June 22nd at 6:45pm.  

Little League will be having a Barbecue at Law Park on Saturday, June 19th from 10am-2pm.  

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to close the regular meeting at 8:50pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk


                                        
$ 14,243.1                      
171 Hungerford Road North

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 171 Hungerford Road North; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 171 Hungerford Road North for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $6,810 from $44,060 to $37,250; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $594.57 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

80 Fuller Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 80 Fuller Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 80 Fuller Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $1520 from $27,230 to $25,710; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $132.71 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

81 Holbrook Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 81 Holbrook Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 81 Holbrook Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $785 from $28,420 to $27,635; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $68.54 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

106 Cherry Hill Court

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 106 Cherry Hill Court; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 106 Cherry Hill Court for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $10,225 from $51,175 to $40,950; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $892.73 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.


103 Cherry Hill Court

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 103 Cherry Hill Court; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 103 Cherry Hill Court for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $12,225 from $57,225 to $45,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,067.35 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

30 Plumwood Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 30 Plumwood Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 30 Plumwood Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $10,850 from $88,200 to $77,350; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $947.30 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

199 Sleepy Hollow Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 199 Sleepy Hollow Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 199 Sleepy Hollow Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $9710 from $70,000 to $60,290; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $847.77 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

200 Law Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 200 Law Road; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 200 Law Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $2,600 from $56,600 to $54,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $227.00 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

7 Brookwood Drive

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 7 Brookwood Drive; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 7 Brookwood Drive for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $9,150 from $51,150 to $42,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $798.88 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

38 Brookwood Drive

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 38 Brookwood Drive; and

WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 38 Brookwood Drive for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $10150 from $63150 to $53000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $886.18 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

29 Drislane Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 29 Drislane Road; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 29 Drislane Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $4,500 from $45,000 to $40,500; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $392.89 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

637 Long Hill Road West

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 637 Long Hill Road West; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 637 Long Hill Road West for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $11,085 from $53,400 to $42,315; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $967.82 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

63 Cottonwood Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 63 Cottonwood Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 63 Cottonwood Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $13,085 from $112,050 to $98,965; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,142.44 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

51 Shellbark Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 51 Shellbark Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 51 Shellbark Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $7,300 from $116,500 to $109,200; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $637.35 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

11 Country Club Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 11 Country Club Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 11 Country Club Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $21,900 from $87,600 to $65,700; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $1,912.06 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

123 River Road

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 123 River Road; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 123 River Road for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $6,240 from $58,240 to $52,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $544.81 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

112 Holly Place

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 112 Holly Place; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 112 Holly Place for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $7,950 from $58,000 to $50,050; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

WHEREAS, the Village received payment in the amount of $2,531.96 for the first installment of 2010-2011 taxes due on the property based on the assessed value prior to any adjustment of the Stipulation of Settlement and Order (“First Installment Payment”);

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $694.10 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

BE IT FURTHER RESOLVED, that the payment of a tax refund in the amount of $347.05 as that portion of the First Installment which the Village collected in excess of what the First Installment Payment should have been if the taxes had been determined based upon the reduced assessment value in the Stipulation of Settlement and Order.

124 Holly Place

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 124 Holly Place; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 124 Holly Place for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $5,200 from $70,000 to $64,800; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $454.01 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

25 Holly Place

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 25 Holly Place; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 25 Holly Place for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $4,150 from $54,200 to $50,050; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $362.33 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

20 Admiral Wordens Lane

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 20 Admiral Wordens Lane; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 20 Admiral Wordens Lane for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $4000 from $58,000 to $54,000; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $349.24 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

19 Avondale Court

WHEREAS, a Small Claims Assessment Review was filed on behalf of the property owner for 19 Avondale Court; and
        
WHEREAS, a Stipulation of Settlement and Order in the Small Claims Assessment Review has been issued for the property at 19 for the 2009 Town assessment year, Fiscal Year 2010-2011 Village assessment roll; and

WHEREAS, the Stipulation of Settlement and Order reduced the tax assessment for the subject property for the Fiscal Year 2010-2011 assessment roll by $7,950 from $58,000 to $50,050; and

WHEREAS, the Stipulation of Settlement and Order was received after the finalization of the Fiscal Year 2010-2011 assessment roll and the approval of the budget for Fiscal Year 2010-2011;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby authorize the abatement of the tax bill for Fiscal Year 2010-2011 in the amount of $323.04 based upon the reduced assessment value and the issuance of a new tax bill based upon the reduced assessment value in the Stipulation of Settlement and Order.

Minutes

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the minutes of June 2, 2010.  

Adjournment

There will be a work session on Tuesday, June 22nd at 6:45pm.  

Little League will be having a Barbecue at Law Park on Saturday, June 19th from 10am-2pm.  

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to close the regular meeting at 8:50pm.  

Respectfully Submitted By,

Christine Dennett
Village Cler