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Board of Trustees Minutes 12/15/2010
Village Board of Trustees
Regular Meeting
December 15, 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 15th of December 2010 commencing at 7:30 p.m.

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

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

Absent
David Venditti, Deputy Mayor

Village Managers Report by Village Manager Zegarelli
  • A meeting was held with Rosecliff Residents regarding landscaping and paving near the tank.  
  • Work continues on the FWSP Pump Station.  
  • NYS is no longer providing the Village with Dog Licensing services effective January 1, 2011.  
  • 2011 Scarborough Station parking permits are available for purchase.  
  • The sidewalk and lighting project at the Scarborough Station is nearing completion.
Windows are ordered for the Village Hall Window and Door Replacement Project.  
Due to the sudden cold snap, there are some water main breaks.  Residents are urged to report anyone they spot.  
  • The 2nd installment of Village taxes is due by January 3, 2011 without penalty.  
  • December 31st is a holiday but Village Hall will be open to accept, tax, water and parking permit payments.  
  • All Library and Recreation events and programs are listed on the Village website.  
  • The Winter Recreation Brochure is available on the website.  If any resident would like a hard copy, they are available for pickup.  
  • The Scarborough Fire Station punch list is being completed.
  • The PBA is holding a toy drive through December 20, 2010.   
Mayor Vescio stated the December Manor Monthly contained a lot of useful and important information and urged residents to read it.

Public Comments

None

Confirmation of Resolution of the Board of Trustees of the Village of Briarcliff Manor for its determination under Matter of County of Monroe on the Town of Ossining’s Temporary Building

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to reconfirm the version before them that was adopted on December 1, 2010.  

Ayes:           Trustee Sullivan
                        Trustee Mayer
                        Trustee Capasso
                        Mayor Vescio

Nays:           None

Absent: Deputy Mayor Venditti

Authorize Village Manager to Execute Agreements - Westchester County – Snow and Ice 2010-2015

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Snow and Ice Agreement with Westchester County for the removal of snow and ice for a period of five years from October 1, 2010 through September 30, 2015, Schedule B.
Budget Amendment – DARE Merchandise

The Board thanked the Rotary Club for their donation and all of the good they do for the Village.  

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

BE IT RESOLVED that the budget for fiscal year 2010-2011 is hereby amended to accept a gift from the Briarcliff Manor Rotary Club as follows:  

Increase Appropriation – DARE Merchandise (A3120.1589) by $1,000  

Increase Revenue – Gifts (A0103.2705) by $1,000  

Refunding of 2002 Bond

Village Manager Zegarelli stated the resolution was to authorize researching amounts and not refinancing.  

Village Attorney Smith suggested the Board move to authorize the Village Manager and Treasurer to act in accordance with the resolution before them.  

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

REFUNDING BOND RESOLUTION, DATED DECEMBER 15, 2010, AUTHORIZING THE ISSUANCE OF REFUNDING SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, IN THE COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO SECTION 90.10 OF THE LOCAL FINANCE LAW OF THE STATE OF NEW YORK, PROVIDING FOR OTHER MATTERS AND MAKING CERTAIN DETERMINATIONS IN RELATION THERETO AND PROVIDING FOR THE PAYMENT OF THE BONDS TO BE REFUNDED THEREBY.

        
        WHEREAS, the Village of Briarcliff Manor, located in the county of Westchester, State of New York (the “Village”) previously issued $4,798,000 principal amount of Village (Serial) Bonds, 2002 (the “Series 2002 Bonds”) pursuant to a certificate of determination of the Village Treasurer (sometimes referred to herein as the “Chief Fiscal Officer”), which Series 2002 Bonds are dated March 1, 2002 and matured or mature in annual installments on March 1 in each of the years 2003-2020, inclusive, as follows:
                        $183,000 in the year 2003,
                        $185,000 in the year 2004,
                        $195,000 in the year 2005,
                        $200,000 in the year 2006,
                        $210,000 in the year 2007,
                        $225,000 in the year 2008,
                        $225,000 in the year 2009,
                        $250,000 in the year 2010,
                        $250,000 in the year 2011,
                        $270,000 in the year 2012,
                        $275,000 in the year 2013,
                        $295,000 in the year 2014,
                        $300,000 in the year 2015,
                        $320,000 in the year 2016,
                        $325,000 in the year 2017,
                        $350,000 in the year 2018,
                        $365,000 in the year 2019,and
                        $375,000 in the year 2020
,
                WHEREAS, the Series 2002 Bonds were authorized pursuant to one or more serial bond resolutions duly adopted by the Board of Trustees of the Village for the objects or purposes described therein on August 7, 1997, August 13, 1998, September 9, 1999, July 13, 2000, April 30, 2001 and May 24, 2001 and delegated to the Chief Fiscal Officer the power to prescribe the terms, form and contents of and to sell and deliver such serial bonds of the Village; and
        WHEREAS, $3,125,000 aggregate principal amount of the Series 2002 Bonds currently remain outstanding and unredeemed as of the date hereof; and
        WHEREAS, it is hereby determined to be in the public interest of the Village to refund all or a portion of the outstanding $3,125,000 Series 2002 Bonds, including non-callable serial bonds maturing in 2011 and 2012, by the issuance of the refunding bonds authorized herein pursuant to Section 90.10 of the Local Finance Law (the “Series 2002 Refunding Bonds”); and
        NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF BRIARCLIFF MANOR, IN THE COUNTY OF WESTCHESTER, STATE OF NEW YORK (BY THE AFFIRMATIVE VOTE OF NOT LESS THAN TWO-THIRDS OF THE VOTING STRENGTH OF BOARD OF TRUSTEES OF THE VILLAGE), AS FOLLOWS:
Section 1.  For the purpose of refunding all or a portion of the $3,120,000 outstanding principal amount of the Series 2002 Bonds, providing moneys which, together with the interest earned from the investment of certain of the proceeds of the refunding bonds herein authorized shall be sufficient to pay: (i) the refunded principal amount of the Series 2002 Bonds (the “Refunded Bonds”); (ii) the aggregate amount of the unmatured interest payable on the Refunded Bonds to and including the date on which any series of the Refunded Bonds are to be redeemed prior to their respective maturities in accordance with the Refunding Financial Plan (as hereinafter defined) and attached hereto as Exhibit B; (iii) the costs and expenses incidental to the issuance of the Series 2002 Refunding Bonds (the “Refunding Bonds”) as hereinafter authorized and as described in Exhibit A, including without limitation, the development of the Refunding Financial Plan, costs and expenses of executing and performing the terms and conditions of the Escrow Contract (as hereinafter defined), and any securities supply contract, the premium with respect to any bond insurance policy or policies acquired with respect to the Refunding Bonds (as defined below), discount or compensation of underwriters, fees of bond counsel and financial advisors, rating agency fees, printing and service agency fees and expenses, and fees and charges of the Escrow Holder (as hereafter described); and (iv) the redemption premium, if any, to be paid on any series of the Refunded Bonds which are to be called prior to their respective maturities; there are hereby authorized to be issued in one or more series not exceeding $3,700,000 aggregate principal amount of refunding serial bonds of the Village pursuant to the provisions of Section 90.10 of the Local Finance Law, it being anticipated that the par amount of Refunding Bonds actually to be issued will be approximately $3,390,000 as provided in Section 4 hereof.   The proposed principal amounts and dates of maturity of such Refunding Bonds are set forth in the Refunding Financial Plan attached hereto.
Section 2.  It is hereby determined pursuant to Section 90.10 that:
the maximum amount of the Refunding Bonds authorized to be issued pursuant to this resolution does not exceed the limitation imposed by subdivision 1 of paragraph (b) of Section 90.10 of the Local Finance Law with respect to each series of the Refunded Bonds;
the aggregate amount of estimated present value savings computed in accordance with subparagraph (a) of subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law is not expected to be less than three percent (3.0%) of debt service on the Refunded Bonds paid to stated maturity.
The Board of Trustees is hereby authorized and directed to enter into an escrow contract (the “Escrow Contract”) with a bank or trust company located and authorized to do business in this State as the Board of Trustees shall designate (the “Escrow Holder”) for the purpose of having the Escrow Holder act, in connection with the Refunding Bonds, as the escrow holder to perform the services described in Section 90.10 of the Local Finance Law.  In addition, the Escrow Contract may include a forward supply or purchase contract or agreement as part thereof or as a separate agreement for the provision of acquiring obligations of the United States of America or unconditionally guaranteed by the United States of America or other obligations or instruments qualified under Section 90.10 of the Local Finance Law or may be necessary for the completion of the Refunding Financial Plan.  The Escrow Contract shall contain such terms and conditions as shall be necessary or required, including terms and conditions required for the completion of the Refunding Financial Plan, including provisions for the Escrow Holder, without further authorization or direction from the Board of Trustees of the Village, except as otherwise provided therein, including, without limitation, (i) to make all required payments of principal, interest and any redemption premiums to appropriate paying agents with respect to the Refunded Bonds, (ii) to pay costs and expenses incidental to the issuance of the Refunding Bonds, including the development of the Refunding Financial Plan, and of executing and performing the terms and conditions of the Escrow Contract by the Escrow Holder, (iii) at the appropriate time or times, to cause to be given on behalf of the Village in the manner provided by law the notice of redemption authorized to be given pursuant to Section 8 hereof, and (iv) to invest the moneys held by the Escrow Holder pursuant to the terms of the Escrow Contract and consistent with the provisions of the Refunding Financial Plan.  The Escrow Contract shall be irrevocable and shall constitute a covenant with the owners of the Refunding Bonds.
The proceeds, inclusive of any premium, from the sale of the Refunding Bonds, immediately upon receipt, shall be placed in escrow by the Village with the Escrow Holder pursuant to the terms of the Escrow Contract.  All moneys held by the Escrow Holder shall be invested only in direct obligations of the United States of America, in obligations the principal of and interest on which are unconditionally guaranteed by the United States of America or in obligations or instruments qualified under Section 90.10 of the Local Finance Law, which obligations or instruments shall mature or be subject to redemption at the option of the Escrow Holder not later than the respective dates when such moneys will be required to make payments in accordance with the Escrow Contract and the Refunding Financial Plan.  Any such moneys remaining in the custody of the Escrow Holder after the performance in full of the Escrow Contract by the Escrow Holder shall be returned to the Village and shall be applied by the Village Treasurer to the payment of the principal of or interest on the Refunding Bonds then outstanding, to the payment of any amounts required to be paid to the United States of America in connection of with the refunding of the Refunding Bonds or to the payment of or reimbursement for the costs of issuance or other administrative costs incurred in connection with the issuance of the Refunding Bonds.  In connection with the investment of moneys held by the Escrow Holder under the Escrow Contract, the Village Treasurer is authorized to execute on behalf of the Village any forward purchase or supply contract for the purchase or supply of the securities described in this subsection (d) at a date subsequent to the delivery of the Refunding Bonds, as is needed to accomplish the purposes of the Refunding Financial Plan.
Section 3.  It is hereby determined that the maximum period or periods of probable usefulness permitted by law at the time of the issuance of the Refunded Bonds for each of the objects or purposes for which the Refunded Bonds were issued is no less than as shown in the Certificates of Determination of the Village Treasurer incorporated by reference herein and made a part of this resolution taking into account the earlier of the original date of issuance of any such series of serial bonds or bond anticipation notes funded by such series of Refunded Bonds; and
Section 4.  The financial plan for the refunding authorized by this resolution (the “Refunding Financial Plan”), showing the sources and amounts of all moneys required to accomplish such refunding, the estimated present value of the total debt service savings and the basis for the computation of the aforesaid estimated present value of total debt service savings, are set forth in Exhibit B attached hereto and made a part hereof.  The Refunding Financial Plan has been prepared based upon the assumption that the Refunding Bonds will be issued in the aggregate principal amount of $3,390,000 if fully issued and will mature, be of such terms, and bear such interest as set forth in the Refunding Financial Plan.  The Board of Trustees of the Village recognizes that the principal amount of the Refunding Bonds, the series, maturities, terms, interest rate or rates borne by the Refunding Bonds, the provisions for redemption thereof prior to maturity and whether or not all of the Refunding Bonds will be insured, and the resulting present value savings are likely to vary from such assumptions and that the Refunding Financial Plan will likely vary from that attached hereto as Exhibit B.  The Village Treasurer is hereby authorized and directed to determine the principal amount of the Refunding Bonds to be issued, the series and designation or designations thereof, the time or times of the sale thereof, the maturities and terms thereof, the provisions relating to the redemption of the Refunding Bonds prior to maturity, if any, the rate or rates of interest to be borne thereby, whether or not the Refunding Bonds will be insured in whole or in part or uninsured, and to prepare, or cause to be provided, a final Refunding Financial Plan, all in accordance herewith, and all powers in connection therewith may be exercised by the Village Treasurer; provided, that the terms of the Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall comply with the requirements of Section 90.10 of the Local Finance Law.  The Board of Trustees shall file a copy of a certificate determining the details of the Refunding Bonds and the final Refunding Financial Plan with the Village Clerk within ten (10) days after the delivery of the Refunding Bonds, as herein provided.
Section 5.  The faith and credit of the Village are hereby irrevocably pledged to the payment of the principal of and interest on the Refunding Bonds as the same respectively become due and payable.  An annual appropriation shall be made in each year sufficient to pay the principal of and interest on the Refunding Bonds becoming due and payable in such year.  To the extent that the same are not paid from other sources, there shall be annually levied on all the taxable real property in the Village a tax sufficient to pay the principal of and interest on the Refunding Bonds as the same become due and payable.
Section 6.  Proceeds from the sale of the Refunding Bonds, including any accrued interest and, together with interest earned thereon, which shall be required for the payment of the principal of and interest on the Refunded Bonds, including any redemption or call premiums, in accordance with the Refunding Financial Plan, shall be irrevocably committed and pledged to such purpose and the owners of the Refunded Bonds shall have a lien upon such moneys and the investments thereof held by the Escrow Holder.  The pledge and lien provided by this resolution shall become valid and binding upon the issuance of the Refunding Bonds and the moneys and investments held by the Escrow Holder shall immediately be subject thereto without any further act.  Such pledge and lien shall be valid and binding against all parties having claims of any kind in tort, contract, equity, at law or otherwise against the Village irrespective of whether such parties have notice thereof.  Neither this resolution, the Escrow Contract, nor any other instrument relating to such pledge and lien, need be filed or recorded.
Section 7.  In accordance with the terms of the Refunded Bonds and the provisions of Section 53.00 and of paragraph (h) of Section 90.10 of the Local Finance Law, and subject only to the issuance of the Series 2002 Bonds, as herein authorized, the Village hereby elects to call in and redeem all or a portion of the Series 2002 Bonds maturing on and after March 1, 2013 on March 1, 2012. The sum to be paid therefore on such redemption dates shall be the par value thereof plus the redemption premium, if any, as provided in the issuance proceedings for the Series 2002 Bonds and the accrued interest to such redemption date.  The Escrow Holder is hereby authorized and directed to cause notice of such call for redemption to be given in the name of the Village in the manner and within the times provided in the issuance proceedings for the Series 2002 Bonds. Such notice of redemption shall be in substantially the form attached to the Escrow Contract.  Upon the issuance of the Refunding Bonds, the election to call in and redeem the applicable portion of the callable Series 2002 Bonds and the direction to the Escrow Holder to cause notice thereof to be given as provided in this paragraph shall become irrevocable, provided that this paragraph may be amended from time to time as may be necessary in order to comply with the notice, requirements of paragraph (a) of Section 53.00 of the Local Finance Law, or any successor law thereto.  It is hereby determined that with respect to the series of Refunded Bonds to be called in and redeemed as provided in this Section 7, it is to the financial advantage of the Village not to charge, impose and collect or receive from registered owners of the Refunded Bonds mailing, shipping, insurance or other similar charges in connection with such redemption or calls.  Accordingly, pursuant to paragraph (c) of Section 70.00 of the Local Finance Law, no such charges shall be so charged, collected or received by the Chief Fiscal Officer, as fiscal agent.
Section 8.  The Refunding Bonds shall be sold at a competitive sale provided that the terms and conditions of such sale shall be approved by the State Comptroller and further provided that, prior to the issuance of the Refunding Bonds the Board of Trustees shall have filed with the Village Clerk a certificate approved by the State Comptroller pursuant to subdivision 2 of paragraph (g) of Section 90.10 of the Local Finance Law setting forth the present value savings to the Village resulting from the issuance of the Refunding Bonds.  In connection with such sale, the Board of Trustees of the Village hereby authorizes the preparation of an Official Statement and approves its use in connection with such sale, and further consents to the distribution of a Preliminary Official Statement prior to the date said Official Statement is executed and available for distribution, all in accordance with applicable State and Federal securities laws, rules and regulations.
Section 9  The Board of Trustees of the Village hereby appoints the law firm of Squire, Sanders & Dempsey L.L.P., of New York, New York, as bond counsel in connection with the issuance and sale of the Refunding Bonds.  The Board of Trustees of the Village hereby appoints the firm of Capital Markets Advisors, LLC, Hopewell Jct., New York, as financial advisor in connection with the issuance and sale of the Bonds.   The power to appoint the Escrow Holder, as that term is referred to herein, and a senior managing underwriter for the sale of the Refunding Bonds if sold at private sale, is hereby delegated to the Village Treasurer of the Village, as chief fiscal officer of the Village.
Section 10.  Each of the Refunding Bonds authorized by this resolution shall contain the recital of validity prescribed by Section 52.00 of the Local Finance Law and the Refunding Bonds shall be general obligations of the Village, payable as to both principal and interest by a general tax upon all the taxable real property within the Village, without limitation as to rate or amount.
Section 11.  The Village Treasurer, pursuant to Sections 50.00, 90.00, 90.10 and 168.00 of the Local Finance Law, and all other officers, employees and agents of the Village are hereby authorized and directed for and on behalf of the Village to execute and deliver all certificates and other documents, perform all acts and do all things required or contemplated to be executed, performed or done by this resolution or any document or agreement approved hereby, including to correct or amend the documents and certificates authorized to complete the transactions contemplated by this resolution.
Section 12.  All other matters pertaining to the terms, issuance and sale of the Refunding Bonds consistent with the provisions of Section 90.10 of the Local Finance Law shall be determined by the Village Treasurer and the powers in connection therewith not otherwise heretofore delegated thereto are hereby delegated to the Village Treasurer.
Section 13.  The Village intends to issue the obligations authorized by this resolution to finance the costs of the purposes described herein for the completion of the Refunding Financial Plan.  The Village covenants for the benefit of the holders of the Refunding Bonds that it will not make any use of (a) the proceeds of the Refunding Bonds, any funds reasonably expected to be used to pay the principal of or interest on the Refunding Bonds or any other funds of the Village, and (b) the purposes financed with the proceeds of the Refunding Bonds, which would cause the interest on which 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 the Refunding Bonds or the proceeds thereof, if such action or omission would cause the interest on the Refunding Bonds to become subject to Federal income taxation under the Code (except for the federal alternative minimum tax imposed on corporations by Section 55 of the Code), or subject the Village to any penalties under Section 148 of the Code.  The foregoing covenants shall remain in full force and effect notwithstanding the defeasance of the Refunding Bonds or any other provision hereof until the date which is sixty (60) days after the final maturity date or earlier prior redemption date thereof.  The proceeds of the Refunding Bonds may be applied to reimburse expenditures or commitments made for the purposes on or after a date which is not more than sixty (60) days prior to the adoption date of this resolution by the Village.  
Section 14.  For the benefit of the holders and beneficial owners from time to time of the Refunding Bonds, the Village agrees, in accordance with and as an obligated person with respect to the Refunding Bonds under, Rule 15c2-12 promulgated by the Securities Exchange Commission pursuant to the Securities Exchange Act of 1934 (the “Rule”), to provide or cause to be provided such financial information and operating data, financial statements and notices, in such manner, as may be required for purposes of the Rule.  In order to describe and specify certain terms of the Village’s continuing disclosure agreement for that purpose, and thereby to implement that agreement, including provisions for enforcement, amendment and termination, the Village Treasurer is authorized and directed to sign and deliver, in the name and on behalf of the Village, the commitment authorized by subsection 6(c) of the Rule (the “Commitment”) to be placed on file with the Village Clerk, which shall constitute the continuing disclosure agreement made by the Village for the benefit of holders and beneficial owners of the Refunding Bonds in accordance with the Rule, with any changes or amendments that are not inconsistent with this resolution and not substantially adverse to the Village and that are approved by the Village Treasurer on behalf of the Village, all of which shall be conclusively evidenced by the signing of the Commitment or amendments thereto.  The agreement formed, collectively by this paragraph and the Commitment, shall be the Village’s continuing disclosure agreement for purposes of the Rule, and its performance shall be subject to the availability of funds and their annual appropriation to meet costs the Village would be required to incur to perform thereunder.  The Village Treasurer is further authorized and directed to establish procedures in order to ensure compliance by the Village with its continuing disclosure agreement, including the timely provision of information and notices.  Prior to making any filing in accordance with the agreement or providing notice of the occurrence of any material event, the Village Treasurer shall consult with, as appropriate, the Village Attorney and bond counsel or other qualified independent special counsel to the Village and shall be entitled to rely upon any legal advice provided by the Village Attorney or such bond counsel or other qualified independent special counsel in determining whether a filing should be made.
Section 15.  The validity of the Refunding Bonds may be contested only if such obligations are authorized for objects or purposes for which the Village is not authorized to expend money, or the provisions of law which should be complied with at the date of the publication of this resolution, are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within twenty (20) days after the date of publication, or if said obligations are authorized in violation of the provisions of the Constitution of New York.
Section 16.  When this bond resolution takes effect, it shall be published in full by the Village Clerk, together with a notice in substantially the form prescribed by Section 81.00 of the Local Finance Law, and such publication shall be in The Gazette a newspaper having a general circulation in the Village and which is hereby designated as the official newspaper of the Village for such purpose.
Section 17.     This bond resolution shall take effect immediately upon its adoption by the Village Treasurer of the Village.                           
                        

Village of Briarcliff Manor, New York

Exhibit A to the Refunding Bond Resolution,
Dated December 15, 2010,
of the Village of Briarcliff Manor
in the County of Westchester, State of New York
Series 2002 Bonds - Refunding Bonds Estimated Debt Service

Maturity Date
Principal Amount
3/1/2011
$305,000
3/1/2012
$325,000
3/1/2013
$320,000
3/1/2014
$330,000
3/1/2015
$330,000
3/1/2016
$345,000
3/1/2017
$340,000
3/1/2018
$360,000
3/1/2019
$365,000
3/1/2020
$370,000

Exhibit B to the Refunding Bond Resolution,
dated December 15, 2010
of the Village of Briarcliff Manor,
in the County of Westchester, State of New York
Refunding Financial Plan
Authorize Village Manager to Approve Change Orders – FWSP - Jett

The Board had general discussion relating to the change orders and requested changes and clarification in the resolution.  

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

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

BE IT RESOLVED that the Board of Trustees hereby approves the following change orders totaling $475,884.60:

Change order Jett-CO1 total amount of $318,609.60, less $81,610.58 previously paid, less a credit of $35,000 for the removal of contaminated soil at the Pump Station Site.  

Change order Jett-CO2 total amount of $110,700, less $83,025 previously paid, less a credit of $11,000 for rock removal at the detention pond.      

Change order Jett-CO4 in the amount of $30,939 for two 30 inch retrofitted gate valves.  

Change order Jett-CO5 in the amount of $12,896 for 6 additional louvers to be provided and installed at the Pump Station.  

Changer order Jett-CO6 in the amount of $2,740 for the remediation of mercury meters in the 375 Executive Boulevard meter building.      

Reschedule Board of Trustees January 19, 2011 Meeting and Public Hearing

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to change the meeting scheduled for January 19, 2011 to Thursday, January 20, 2011.  

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to change the Public Hearing to hear and discuss a Special Permit Renewal Request from the Briarcliff Congregational Church originally scheduled for January 19, 2011 to January 20, 2011.  

Schedule Public Hearing to Amend Chapter 220, Zoning to allow for mixed use residential/commercial uses within a new B1A Retail Business and Residential District

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

BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 20, 2011 Board of Trustees meeting to hear and discuss a proposed local to amend Chapter 220, Zoning of the Village Code to allow for mixed-use residential/commercial uses within a new B1A Retail Business and Residential District to be applied to parcels located within the existing B1 District located along North State Road, south of Chappaqua Road and south and north of Winterberry Lane.

BE IT RESOLVED FURTHER that the proposed local law to amend Section 220 of the Code of the Village of Briarcliff Manor to establish and map the B1A Retail Business and Residence District is hereby directed to the Village Planning Board and to the Westchester County Planning Board for review and recommendation and to the Town of Ossining, Town of Mount Pleasant, and Village of Ossining for review and comment as they see fit.

Schedule Public Hearing for the Issuance of a Special Use Permit – Urstadt Biddle Properties Inc, Chilmark Shopping Center

The Board requested neighbors within 500 feet of the property be notified of the hearing as per the Planning Board’s suggestion.  

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

BE IT RESOLVED that a Public Hearing is hereby scheduled for the January 20, 2011 Board of Trustees meeting to hear and consider a request from Urstadt Biddle Properties, Inc pursuant to Chapter 220, Zoning, Section 6J Special Uses in Retail Districts, Subsection 6.

Retirement System Reporting for Village Officials – Acting Village Justice

The Board had general discussion relating to issues with the State’s reporting requirements and requested amendments to the resolution.  

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

BE IT RESOLVED that the Village of Briarcliff Manor hereby establishes the following as a standard work day for the elected and appointed official(s) identified thereon and will report the following days worked as shown thereon to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by said officer(s) to the clerk of this body:


Position/Title
Name
Standard Work Day (hours/day)
Term Begins Term Ends
Participates in Employers Time Keeping System
Days/Month (based on Record of Activities)
Acting Village Justice
Laurie Sullivan
n/a
8/18/10
4/4/11
Yes
n/a
see attached schedule

The Village Clerk is hereby directed to add the last four digits of each individual’s social security number as well as each individual’s registration number to this Resolution when filing with the New York State Comptroller’s office.

Authorize Village Manager to Execute an Intermunicipal Agreement – Water Consolidation Feasibility Study with Sleepy Hollow and Tarrytown

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

BE IT RESOLVED that the Board of Trustees hereby authorizes the Village Manager to participate jointly with the Villages of Sleepy Hollow and Tarrytown in the preparation and issuance of a Request for Proposals (RFP) for professional consulting services for a feasibility study to consider consolidation of water services of all three municipalities subject to each Village’s right to opt out of entering into any agreement after review of all responses.  

BE IT FURTHER RESOLVED all Inter-Municipal Agreement preparation costs shall be shared equally by the three municipalities with the cost not to exceed $1,000 for each.  
 
Fire Department Memberships

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, 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 Oliver Buckle to the Briarcliff Manor Fire Company.  

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 under 18 membership of Adam Alleva to the Scarborough Engine Company.  

Upon motion by Trustee Mayer, seconded by Trustee Capasso, 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 under 18 membership of Kenneth Wolfson to the Briarcliff Manor Hook & Ladder Company.  


Minutes

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the minutes of December 1, 2010 as amended.  


Adjournment

The work session scheduled for December 28, 2010 has been cancelled and additional monthly work sessions will be scheduled with the dates to be determined.  

The Mayor and the Board of Trustees wished everyone a happy holiday season, a Merry Christmas and a Happy New Year.  

Upon motion by Trustee Mayer, seconded by Trustee Capasso, the Board voted unanimously to adjourn the regular meeting at 8:40pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk