Village of Briarcliff Manor - Board of Trustees Minutes 10/19/2011

Board of Trustees Minutes 10/19/2011

Village Board of Trustees

Regular Meeting

October 19, 2011

7:30 p.m.

The Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York of the 19^th of October 2011 commencing at 7:30 p.m.

Present

William J. Vescio, Mayor

Anthony N. Capasso, Trustee

Robert Mayer, Trustee

Lori A. Sullivan, Trustee

David Venditti, Deputy Mayor

Also Present

Philip Zegarelli, Village Manager

Christine Dennett, Village Clerk

Clinton Smith, Village Counsel

Continued Public Hearing - Special Use Permit – T-Mobile Northeast, LLC (To be adjourned at the Applicant’s request until January 18, 2012)

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to open the public hearing.

There were no public comments.

Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to adjourn the hearing to January 18, 2012.

Public Hearing - Chapter 220-3 (B) Zoning Map

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.

Village Manager Zegarelli stated an email was received from Ronald Alenstein on Quinn Lane regarding his parcel and requested it be rezoned to be in zoned the same as the rest of his street.

The Board had general discussion regarding the proposed legislation and requested the potential impacts of rezoning Mr. Alenstein’s parcel.

Village Attorney Smith noted the Village Planning Board and the County Planning Board had no comments on the proposed legislation.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to close the public hearing.

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to delete parcel 104.08-1-23 from the proposed legislation.

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

NEED AMENDED RESOLUTION

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

BE IT RESOLVED that the proposed local Law to amend Section 220-3.B of the Zoning Ordinance of the Village of Briarcliff Manor, New York relative to a new Zoning Map in digitized form, which will result in the correction of Zoning District Boundaries relative to the following tax parcels in the Village of Briarcliff Manor is hereby adopted:

1. 90.19-1-3

2. 90.19-1-5

3. 97.12-1-17

4. 97.15-4-8

5. 104.08-1-16

6. 98.10-2-48

7. 98.10-1-58

8. 98.10-1-12

9. 98.15-2-33

10. 98.15-2-14

11. 98.15-2-15

12. 98.15-2-16

13. 98.15-2-17

14. 98.15-2-18

15. 98.15-2-19

16. 98.15-2-20

17. 98.15-2-21

18. 98.15-2-22

19. 98.19-1-62

20. 98.19-1-57

21. 98.19-1-58

~~22. 104.08-1-23~~

23. 104.11-1-47

Board of Trustees Announcements by Trustee Sullivan

There are many exciting Library and Recreation programs coming up. Please visit the website for more information. Movie nights, Knitting Club, Dr. Seuss Party and much more!
Halloween Window Painting will be on Saturday, October 22^nd. Please contact the Recreation Department to register.
The Ragamuffin Parade will be on Saturday, October 29^th beginning at 9:30am.

Village Managers Report

The FWSP is 99% complete and the Village has filed for the certification.
Dog Licensing is being done locally now. Please contact the Village Clerk for more information.
DPW is getting ready for winter and did a great job with the Fall decorations.
The 4 month budget report will be presented at the next Board of Trustees meeting.
The Scarborough Road Gas Main Project is nearing completion.
The Fire Department Inspection Dinner is October 22^nd.

The Village Manager provided a brief explanation of the North State Road Rehabilitation Project being done by NYSDOT.

The Board stated they recognized the impacts the road closure would have on the residents and merchants but the road was in a severe state of failure and needed to be repaired immediately.

Public Comments

Mr. Nicholas Puro of March, stated their revenue was down 50% and requested at least one lane remain open.

Ms. Megan David of Wake Robin, stated she had a great holiday season last year and hoped for another one this year. She thanked the Board for including the merchants in on the conversation and requested customer friendly signage be installed in conjunction with the detour signs.

Ms. Gayle Marchine of the Ossining Chamber of Commerce, requested the North State Road business district be included in the signage.

The owner of Manor Wines and Spirits asked that the construction vehicles be parked elsewhere to keep spaces open for customers.

Ms. Sue Taub of Holbrook Cottage stated 75% of their business is done during the holiday season and requested they be a part of any future construction meetings.

Deputy Mayor Venditti stated he was the Business District Liaison and the merchants should feel free to contact him.

Mr. Razza Barack of the UPS Store asked if the detour could be routed through the gas station.

Mayor Vescio stated the gas station was private property and it would be a safety issue to route traffic near gas pumps. He stated the signage was a great idea and they would look into installing temporary traffic lights as well. He stated parking would be addressed at the construction meeting.

Mr. Robert Little of Scarborough Circle read an excerpt from a Gazette Article and asked for the listing of parcels affected by the proposed zoning legislation for shared residences.

Authorization of an Application for Funding From the New York State Office of Parks, Recreation and Historic Preservation for Scarborough Park Improvements

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

WHEREAS, Village residents and leaders established the Scarborough Park Advisory Committee in 2008 for the purpose of assessing and developing recommendations for the improvement and recreational use of Scarborough Park; and

WHEREAS, the Village approved the Committee’s proposal that Scarborough Park should be improved to provide leisurely walks, seating, Hudson River viewing, shade trees for picnicking and to frame the views, kayak and canoe access to the River and fishing accommodations. The proposed project will also reinforce and stabilize an eroding Park shoreline, construct a handicap accessible walkway around the perimeter of the Park and install native plantings; and

WHEREAS, the Village was awarded a grant of $35,000 from the NYS Department of State for park design; and

WHEREAS, the project is close to shovel-ready with a final design approved by the Board of Trustees and the SEQRA process well underway; and

WHEREAS, cost estimates of around $1,000,000 have been prepared for the project; and

WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation is currently accepting applications for park acquisition, development and planning to provide up to $400,000 to preserve, rehabilitate or restore lands, water or structures for park, recreation or conservation purposes and for structural assessments and/or planning for such projects. This grant program requires a 50/50 match.

NOW, THEREFORE, BE IT RESOLVED that Philip Zegarelli, Manager of the Village of Briarcliff Manor, is hereby authorized and directed to file a New York State Consolidated Funding Application for funds from the New York State Office of Parks, Recreation and Historic Preservation Park Acquisition, Development and Planning Program in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the Village of Briarcliff Manor for improvements to Scarborough Park; and

BE IT FURTHER RESOLVED that the Village Manager is herein authorized to take any and all such steps as are necessary to effectuate the intent of this resolution.

Bond Resolutions – Capital Projects FY 2011-2012

Village Attorney Smith noted that all were a type 2 SEQRA actions under section 617.5 c, 1, 2, 5, 11 & 25 with the exception of the water tap in resolution “c” which would have a coordinated review and would need a supplemental approval.

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

BOND RESOLUTION, DATED OCTOBER 19, 2011, AUTHORIZING THE ISSUANCE OF UP TO $230,450 AGGREGATE PRINCIPAL AMOUNT SERIAL BONDS OF THE VILLAGE OF BRIARCLIFF MANOR, COUNTY OF WESTCHESTER, STATE OF NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW, TO FINANCE THE COSTS OF (I) THE ACQUISITION OR INSTALLATION OF POLICE ALARM, TELEGRAPH OR TELEPHONE SYSTEMS OR ANY OTHER SYSTEMS OF COMMUNICATION OR TRANSMISSION, OR ADDITIONS (II) THE ACQUISITION OF FIRE FIGHTING APPARATUS, AND (III) THE ACQUISITION OF A SANITATION VEHICLE.

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 or installation of police alarm, telegraph or telephone systems or any other systems of communication or transmission, or additions ($16,000), (ii) the acquisition of fire fighting apparatus ($25,750), and (iii) the acquisition of a sanitation vehicle ($188,700) 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 $230,450, all in accordance with the Local Finance Law;

NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Briarcliff Manor, County of Westchester, State of New York, as follows:

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 $230,450, 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 or installation of police alarm, telegraph or telephone systems or any other systems of communication or transmission, 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 $16,000 for which $16,000 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 ten (10) years pursuant to subdivision 25 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(b) The acquisition of fire fighting apparatus, 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 $25,750 which $25,750 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 ten (10) years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds; and

(c) The acquisition of a sanitation vehicle, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $188,700 for which $188,700 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of ten (10) years pursuant to subdivision 6(b) of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of ten (10) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

Section 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 $230,450; (b) no money has heretofore been authorized to be applied to the payment of the costs of the Project; (c) the Board of Trustees of the Village plans to finance the costs of the Project from (i) the proceeds of the serial bonds authorized herein, and/or of bond anticipation notes issued in anticipation of the issuance of such serial bonds; (d) the maximum maturity of the serial bonds authorized herein shall be in excess of five (5) years; and (e) on or before the expenditure of moneys to pay for any costs in connection with the Project for which the proceeds of any obligations authorized herein are to be applied to reimburse the Village, the Board of Trustees of the Village took “official action” for federal income tax purposes to authorize the capital financing of such expenditure.

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 OCTOBER 19,2011, AUTHORIZING THE ISSUANCE OF UP TO $555,075 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) IMPROVEMENTS TO THE VILLAGE SEWER LINES (III) ADDITIONS TO OR RECONSTRUCTION OF A CLASS B BUILDING (IV) 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 ($324,450), (ii) improvements the Village sewer lines ($71,400), (iii) additions to or reconstruction of a Class B building ($103,125) and (iv) the acquisition of machinery and apparatus for construction and maintenance for the Village ($56,100) 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 $555,075, 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 $555,075, 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 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 $324,450 for which $324,450 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) For the improvements to the Village sewer lines, 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 $71,400 for which $71,400 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 4 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 additions to or reconstruction of a Class B building, including any preliminary and incidental costs related thereto, at an estimated maximum cost of $103,125 for which $103,125 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 12(a)(2) 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

(d) 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 $56,100 for which $56,100 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 $555,075; (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 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.

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

BOND RESOLUTION, DATED OCTOBER 19, 2011, AUTHORIZING THE ISSUANCE OF UP TO $708,900 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 WATERWAYS AND FOR DRAINAGE OR ADDITIONS THERETO, WHETHER OR NOT INCLUDING BUILDINGS APPURTENANT OR INCIDENTAL THERETO, LANDS OR RIGHTS IN LANDS, ORIGINAL FURNISHINGS, EQUIPMENT, MACHINERY OR APPARATUS, OR THE REPLACEMENT OF SUCH EQUIPMENT, MACHINERY OR APPARATUS.

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 waterways and for drainage or additions thereto, whether or not including buildings appurtenant or incidental thereto, lands or rights in lands, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus ($708,900), 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 $708,900, 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 $708,900, 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.

(a) the construction and reconstruction, of waterways and for drainage or additions thereto, whether or not including buildings appurtenant or incidental thereto, lands or rights in lands, original furnishings, equipment, machinery or apparatus, or the replacement of such equipment, machinery or apparatus, 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 $708,900 for which $708,900 principal amount of serial bonds, and/or bond anticipation notes issued in anticipation of the issuance of such serial bonds, are authorized herein and appropriated therefore, having a period of probable usefulness of thirty (30) years pursuant to subdivision 3 of paragraph a of Section 11.00 of the Local Finance Law. Such serial bonds shall have a maximum maturity of thirty (30) years computed from the earlier of (a) the date of the first issue of such serial bonds or (b) the date of the first issue of bond anticipation notes issued in anticipation of the issuance of such serial bonds.

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 $708,900; (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.

Budget Transfer – Ridgecrest Road Pump Station

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

BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2011-2012:

From: F1990.499 WF Contingency $35,000

To: F8320.427 Pump Station Repairs $35,000

Authorize Village Manager to Execute an Agreement – NYSDOT Snow & Ice Agreement

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with the New York State Department of Transportation to amend the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2013 through June 30, 2014.

Confirm the Village Manager’s action to suspend an employee and Authorize Village Manager to Appoint a Hearing Officer as necessary

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

BE IT RESOLVED, that the Village Board hereby confirms the action of the Village Manager in the suspension (including without pay for up to 30 calendar days) of a Department of Public Works CSEA Employee effective Thursday, October 20, 2011, pending the determination of charges served upon the employee on September 14, 2011.

BE IT FURTHER RESOLVED, that the Village Board authorizes the Village Manager to retain and appoint a hearing officer to conduct a hearing with respect to the disciplinary charges which have been filed against that employee.

Minutes

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, with one abstention from Trustee Sullivan, the Board voted to approve the minutes of the October 5, 2011 Regular Meeting as amended.

Adjournment

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the regular meeting at 9:10pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk