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HomeMy WebLinkAbout2014-06-24 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 24, 2014 AGENDA 6:30 P.M.—Executive Session: United Water Rate Case Fire Contract Negotiations 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing to consider an application by Toll Land V Limited Partnership for approval of an amended site plan 2) Public hearing to consider a proposed local law amending Pine Ridge Park summer hours RESOLUTIONS: 1) Consider a proposed local law amending Pine Ridge Park summer hours 2) Considering the adoption of the Village of Rye Brook Comprehensive Plan 3) Considering the modification of the Board of Trustees meeting schedule 4) Considering setting a public hearing on the applications for a Special Use Permit and site plan application for property located at 561 Westchester Avenue 5) Considering setting a public hearing to consider a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road 6) Considering an agreement with International Data Base Corp. for web based solicitation and bidding services Board of Trustees Meeting June 24,2014 Page 1 of 22 7) Considering entering into an agreement with the Carver Center for the use of certain facilities by the Village Recreation Department 8) Considering a lease agreement with Pitney Bowes for mailing machine and meter services 9) Considering authorizing the issuance of$491,500 bonds of the Village of Rye Brook to pay the cost of various capital purposes in and for said Village 10)Consider the use of Municibid for online auctioning services 11)Considering designating equipment as surplus for sale 12)Considering an agreement with the Village of Port Chester for the use of equipment ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: July 8 & July 22, 2014 Board of Trustees Meeting June 24,2014 Page 2 of 22 BOARD: Trustee Susan R. Epstein Trustee Jason A. Klein Trustee David M. Heiser Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant Village Administrator Chief Gregory Austin, Chief of Police Edward Beane, Village Counsel Michel Novak, Superintendent of Public Works Fred Seifert, IT Coordinator Mayor Paul Rosenberg called the June 24, 2014 Board of Trustees meeting to order. He noted that the Board held an Executive Session prior to the meeting on the United Water Rate Case and Fire Contract Negotiations. Mayor Rosenberg called for the first item on the agenda under Public Hearings. PUBLIC HEARINGS: 1) Public hearing to consider an application by Toll Land V Limited Partnership for approval of an amended site plan Christopher Bradbury, Village Administrator, noted that this matter was still pending before the Planning Board. He suggested adjourning it to a date specific. Mayor Rosenberg called for a motion and a second to adjourn the matter to the July 22, 2014 meeting. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the public hearing was adjourned. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 2) Public hearing to consider a proposed local law amending Pine Ridge Park summer hours Board of Trustees Meeting June 24,2014 Page 3 of 22 On a motion made by Trustee Epstein and seconded by Trustee Heiser, the public hearing was declared open. Mr. Bradbury, Village Administrator, was called upon for an overview of this matter. He noted that at the previous Board of Trustees meeting there was a discussion about keeping the park open a little later in the summer. Notices were sent out to the neighbors within 250 feet of the park and the public hearing is now open. Residents are encouraged to speak in favor or in opposition to this local law. Also to be discussed was the lighting in the park. The park always has lights at night, but now the lights will be turned off when the park closes to deter people from playing all night long. The yellowish lighting will remain on at all times for safety reasons. Mayor Rosenberg called for members of the public wishing to address this matter. Richard Gutner, of 21 Mohegan Lane, addressed the Board. He felt that turning off the lights in the park was a safety issue. Mr. Bradbury noted that a neighbor of the park stated that the lighting was a problem. Mr. Gutner suggested turning the lighting away from that neighbor. He felt that it was better to have the lights on. All of the children in the area use the park and there is no way to discern who is a resident and who is not. He felt that the park should be left open to at least 11:00 p.m. A second resident of the area addressed the Board. He took the opposite view. No other park stays open after dark. This park should not be the exception. Although he had no problem with the park being open later, sometimes there are people there playing until midnight. The lights are the attraction. The lights do not go off now even though they are on a timer. The problem is the other things that go on in the park at night versus playing basketball. Mickie Marx, 18 Mohegan Lane, addressed the Board. One of the problems is that the park does need to close at a certain time. He felt that turning off the white lights and just having the safety lights on will deter people playing basketball until 2:00 in the morning. The problems start after midnight. He agreed that closing the park at 9:00 p.m. is too early. Mr. Bradbury noted that the white lights will go off. The yellow lights will stay on. The lights are on a timer, which will be checked. Mr. Marx requested that the lights be adjusted and aimed downward. Trustee Epstein felt that keeping the park open to 11:00 p.m. will give the Village's teenagers a safe place to hang out. Ross Jablon of 8 Red Roof Drive addressed the Board. There isn't much to do at night in the Village. Playing basketball is a way to stay out of trouble. He felt that the park should remain open later during the summer months. Board of Trustees Meeting June 24,2014 Page 4 of 22 Alex Gutner of Mohegan Lane addressed the Board. They would like to play basketball at the park later at night and be able to stay and play until they finish the game. Trustee Heiser noted that once the park is closed no one — not dog walkers, not basketball players—should be in the park. Trustee Klein agreed with extending the closing of the park. A resident noted that some of the neighbors do not have children and the noise from the park is bothersome to them. A decision that is amenable to everyone should be made. Mayor Rosenberg noted that the park now closed at 9:00 p.m. The resolution will change the closing for the summer months until 10:30 p.m. The police department will enforce the closing. Mr. Gutner noted that there is a catch basin where the water does not drain. Mr. Michel Nowak, Superintendent of Public Works,will look into this. Trustee Rednick noted that a compromise must be reached. The time can be set at 10:00 p.m. and then see how it goes this summer. Trustee Heiser stated that there must be a balance here for the people who want to use the park and the people who live near the park. Once the park is closed, the park is closed and that means no one should be in the park. He asked that everyone understand this and make sure that"the cure isn't worse than the illness." Mr. Marks noted that now the park closes at 9:00 p.m. The intention is not to police the park. This is about activity in the park that creates noise. There needs to be discretion. Trustee Epstein noted that it is a privilege to be able to use the Village parks. She stated that she was in favor of keeping the park open later during the summer. Mayor Rosenberg agreed with Trustee Epstein; now a decision on the time must be made. The consensus of the Board was to amend the closing time to 10:30 p.m. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the public hearing was closed. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Board of Trustees Meeting June 24,2014 Page 5 of 22 Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye RESOLUTIONS: 1) Consider a proposed local law amending Pine Ridge Park summer hours Mr. Bradbury read the following resolution: NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 24, 2014 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law amending Pine Ridge Park hours. Mayor Rosenberg noted that the lights need to be adjusted, and the timers corrected so that the light goes off when they are supposed to go off. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. A temporary sign will be installed regarding times. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 2) Considering the adoption of the Village of Rye Brook Comprehensive Plan Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Village Board is responsible for the preparation and adoption of the Village of Rye Brook Comprehensive Plan ("Comprehensive Plan"), pursuant to Section 7-722 of the New York State Village Law; and Board of Trustees Meeting June 24,2014 Page 6 of 22 WHEREAS, said Comprehensive Plan has been prepared in accordance with NYS Village Law and provides a guide for land use and development decisions, the adoption of municipal regulations and the investment of public funds for infrastructure; and WHEREAS, the adoption of a Comprehensive Plan is classified as a Type I action under Part 617 of the State Environmental Quality Review Act ("SEQR"); and WHEREAS, the Village Board directed its planning consultants, BFJ Planning, to complete a full Environmental Assessment Form ("EAF") pursuant to SEQR, and said EAF was submitted to the Village Board dated April 15, 2014; and WHEREAS, the Village Board declared itself lead agency for this action and authorized the circulation of the EAF and draft Plan to adjacent municipalities and the Westchester County Department of Planning in accordance with Sections 239-1, 239-m and 239-nn of the New York State General Municipal Law; and WHEREAS, the Village Board held a public hearing on the Plan on May 13, May 27 and June 10, 2014, at which time all those wishing to be heard were given an opportunity to be heard; and WHEREAS, the Village Board adopted a Negative Declaration on June 10, 2014, with respect to the adoption of the Comprehensive Plan ("Proposed Action"), and found that, based upon the information contained in the full EAF, the Proposed Action will not have any significant adverse impacts on the environment, no environmental impact statement (EIS) needs to be prepared and the SEQRA process is complete. NOW THEREFORE BE IT RESOLVED, that the Rye Brook Village Board hereby adopts the proposed Village of Rye Brook Comprehensive Plan, dated April 2014, as an important planning tool which identifies a wide range of issues, initiatives, studies, projects and programs which can be undertaken by various entities in the short-term and long-term, with the following modifications to the April 2014 draft based on discussion during the public hearing: 1. The recommendation to rezone the Blind Brook Country Club property shall be to either an Open Space/Recreation Zone or to an R-30 zone. 2. The Plan shall include a recommendation to explore the potential for a new pedestrian crossing on Ridge Street from the sidewalks on the eastern side of the roadway to the Crawford Park entrance on the western side. 3. The Plan shall include a recommendation to consider installing additional benches and seating areas near the older baseball field at Pine Ridge Park. 4. The Plan shall clarify that multifamily residential uses, retail, restaurant and recreational uses should be considered as allowable by special permit in office zones. 5. All references within the Plan to redevelopment or reconfiguration of the Village's Department of Public Works (DPW) complex on West William Street shall specify that green buildings practices should be considered. Board of Trustees Meeting June 24,2014 Page 7 of 22 Mr. Bradbury reviewed the proposed changes. Issues touched upon were the re- zoning of the Blind Brook Club, cluster housing, zoning districts. Mr. Fitch noted that the resolution can be adopted at this meeting. Mayor Rosenberg thanked Marsha Rogel, who was in attendance, along with the entire Committee. This was a tremendous amount of work. The Village never had a formal document like this that lays out a road map for the Village. The thanked everyone for their hard work. Trustee Epstein felt that there were still issues with accessory apartments. Mayor Rosenberg noted that the accessory apartments is new for the Village and it needs to be hashed out. Mr. Fitch noted that this is a very sensitive issue. The Village of Croton is now reviewing this matter and Rye Brook will have access to the information. Mayor Rosenberg noted that over 800 responses were received from the residents for a survey on this matter. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 3) Considering the modification of the Board of Trustees meeting schedule Mr. Bradbury read the following resolution: RESOLVED, that the following Board of Trustees meeting dates are hereby cancelled: July 22, 2014 August 12, 2014 August 26, 2014; and be it FURTHER RESOLVED, the following Board of Trustees meeting dates are hereby scheduled: Board of Trustees Meeting June 24,2014 Page 8 of 22 July 29, 2014 August 19, 2014 On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg noted that a change in meeting schedule is done every summer. He noted that he would not be in attendance at the August meeting. 4) Considering setting a public hearing on the applications for a Special Use Permit and site plan application for property located at 561 Westchester Avenue Mr. Bradbury read the following resolution: WHEREAS, RRC/LCS, Inc. ("Applicant") has made applications to the Village of Rye Brook for approval of a Special Use Permit and Site Plan to legalize an existing office and two-family dwelling on property located in the R-2F Zoning District at 561 Westchester Avenue, Section 135.83, Block 1, Lot 11 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Sections 209-1(A)(1) and 250-6(H)(1)(c) of the Village Code; and WHEREAS, on August 19, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review; and Board of Trustees Meeting June 24,2014 Page 9 of 22 WHEREAS, on August 19, 2013 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation and the Planning Board issued its Report and Recommendation on January 9, 2014; and WHEREAS, on January 14, 2014 the Board of Trustees referred the application to the Village of Rye Brook Zoning Board of Appeals for consideration of variances which were granted by the Zoning Board of Appeals on June 3, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on July 29, 2014, at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of a Special Use Permit and Site Plan to legalize an existing office and two-family dwelling for property located at 561 Westchester Avenue, Section 135.83, Block 1, Lot 11 on the Town of Rye Tax Assessor's Map; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application, and directs that pursuant to Westchester County Administrative Code §277.71, the application shall be referred to the Port Chester-Rye Union Free School District for comment no less than 10 days prior to the public hearing concerning the application; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification for the public hearing. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted and the public hearing was scheduled. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Demitris Adamis, Esq. legal counsel for the applicant, noted that the applicant was optimistic that this will be brought to conclusion. He stated that the applicant has received a positive recommendation from the Planning Board. Board of Trustees Meeting June 24,2014 Page 10 of 22 4) Considering setting a public hearing to consider a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road Mr. Bradbury read the following resolution: NOW, THEREFORE, BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 8, 2014 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,New York to consider a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted, and the public hearing was scheduled. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mr. Bradbury noted that this was generated by some of the residents. This is on the sharp turn. The Traffic Commission has reviewed this matter and has recommended restricted parking in this area. 6) Considering an agreement with International Data Base Corp. for web based solicitation and bidding services Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook desires to utilize web-based solicitation and bidding services in order to streamline bid procedures, automate procurement and obtain more favorable pricing on bids; and WHEREAS, International Data Base Corp., doing business under the trade name Interactive Procurement Technologies by BidNet specializes in complete online bidding solutions specifically for government agencies; and Board of Trustees Meeting June 24,2014 Page 11 of 22 WHEREAS, there is no subscription or costs under the agreement, however certain service charges may be incurred, such as reimbursement for postage, distribution fees incurred to distribute press releases, customized work fee, and a 5% commission fee for items sold through a surplus auction. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby authorizes the Mayor and Administrator to enter into an agreement with International Data Base Corp. for web-based solicitation and bidding services; and be it FURTHER RESOLVED, the agreement shall be in accordance with any modifications approved by legal counsel. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the . resolution was adopted: Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mr. Bradbury noted that Mr. Nowak has done a stellar job. 7) Considering entering into an agreement with the Carver Center for the use of certain facilities by the Village Recreation Department Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Recreation Department desires to enter an agreement for the use of certain pool and related facilities at the Carver Center to support the Rye Brook day camp; and WHEREAS, in exchange for the use of the Carver Center pool and related facilities at no cost to the village except for the cost for a Lifeguard and Water Safety Instructor, the Carver Center will have use of Garibaldi Park for seven(7) weeks over the summer from Monday through Friday, from 8:00 A.M. to 1:00 P.M. to hold a sports camp. Board of Trustees Meeting June 24,2014 Page 12 of 22 NOW, THEREFORE BE IT RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of said use agreement to permit use of the Carver Center pool for the Rye Brook day camp, and to allow the use of Garibaldi Park for seven (7) weeks in the mornings for the use of the Carver Center sports camp. This has been done every year. It is a great deal for Carver Center and a great deal for the Village. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 8) Considering a lease agreement with Pitney Bowes for mailing machine and meter services Mr. Bradbury read the following resolution: WHEREAS, the current Village of Rye Brook lease for a mailing machine and meter is set to expire; and WHEREAS, the Village desires to enter into another lease agreement for a mailing machine and meter for the Village; and NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook herby enters into a lease agreement with Pitney Bowes, Inc. for a mailing machine and meter; and be it Board of Trustees Meeting June 24,2014 Page 13 of 22 FURTHER RESOLVED, the Mayor and Administrator are hereby authorized to sign an deliver any and all documents necessary to accomplish the purpose of the resolution; and be it FURTHER RESOLVED, the lease agreement shall be in accordance with the NJPA contract with Pitney Bowes, Inc.; and be it FURTHER RESOLVED, the agreement shall be in accordance with any modifications approved by legal counsel. It was noted that Pitney Bowes is no longer on state contract, but Michel Nowak was able to obtain the lowest price for this postage meter lease. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 9) Considering authorizing the issuance of$491,500 bonds of the Village of Rye Brook to pay the cost of various capital purposes in and for said Village Mr. Bradbury read the following resolution: WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required, have been performed; and WHEREAS, it is now desired to authorize the financing of such purposes; NOW, THEREFORE, BE IT Board of Trustees Meeting June 24,2014 Page 14 of 22 RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For the purpose of paying the cost the objects or purposes hereinafter set forth in this bond resolution, including, in each instance, incidental expenses in connection therewith, there are hereby authorized to be issued $491,500 bonds of said Village pursuant to the Local Finance Law. The bonds authorized shall have a maximum maturity of five years and shall be apportioned among the objects or purposes set forth in Section 2 hereof in accordance with the estimated maximum cost of each as set forth therein. In each case, the plan for the financing of each object or purpose is by the issuance of the bonds authorized or notes in anticipation thereof. None of the objects or purposes are assessable improvements. Section 2. The objects or purposes to be financed pursuant to this bond resolution are as follows: (a) The replacement of playground equipment at Pine Ridge Park, at an estimated maximum cost of$100,000, a class of objects or purposes with a period of probable usefulness of fifteen years pursuant to subdivision nineteen of paragraph a of Section 11.00 of the Local Finance Law; and (b) The acquisition of various vehicles and equipment for construction and maintenance purposes, at an estimated maximum cost of$391,500, a class of objects or purposes with a period of probable usefulness of five years pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Board of Trustees Meeting June 24,2014 Page 15 of 22 Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer,consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such 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 such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, the Village Treasurer shall comply fully with the provisions of the Board of Trustees Meeting June 24,2014 Page 16 of 22 Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Board of Trustees Meeting June 24,2014 Page 17 of 22 Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. The Village Treasurer may advance funds for any purpose for which such bonds are authorized,pursuant to Section 165.00 of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if. (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in summary in The Westmore News, a newspaper having general circulation in said Village, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Board of Trustees Meeting June 24,2014 Page 18 of 22 Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mr. Bradbury gave a brief description. He noted that it had to do with large projects within the Village and the issuance of the bond. 10) Consider the use of Municibid for online auctioning services Mr. Bradbury read the following resolution: WHEREAS,the Village of Rye Brook desires to sell surplus equipment in order to receive the most favorable pricing; and WHEREAS, Municibid is an online auctioning service for municipalities that posts surplus equipment for sale; and WHEREAS, Municibid is free of charge to the municipality where they charge the winning bidder a fee on top of the winning bid so the municipality keeps 100% of the bid price. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby authorizes the This is an online auctioning service that posts equipment for sale. This is a way to reach out to a much larger audience to get bids. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Board of Trustees Meeting June 24,2014 Page 19 of 22 11) Considering designating equipment as surplus for sale Mr. Bradbury read the following resolution: CONSIDERING DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE WHEREAS, the Village of Rye Brook has municipal vehicles and equipment that are no longer of functional value or use to the Village; and WHEREAS, the equipment may have a nominal resale value. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the equipment listed below is declared surplus to be sold to the highest qualified bidder through an approved bidding process with Municibid where a classified advertisement will be published in the official paper of the Village: MAKE MODEL YEAR VIN DESCRIPTION John Deere Loader 1990 DW544ED530608 Tractor Sullair 1989 00499559BH1 Air Compressor AND BE IT FURTHER RESOLVED, that if no bids are received for a particular item, that the items may be disposed of through appropriate means; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that this type of equipment is not the kind you can buy and drive off the lot. By the time the order is placed, the Village will receive delivery next year. Board of Trustees Meeting June 24,2014 Page 20 of 22 On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted: The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 12) Considering an agreement with the Village of Port Chester for the use of equipment Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook desires to borrow a 262005 Graco Line Driver from the Village of Port Chester. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby authorizes an agreement with the Village of Port Chester to borrow a 262005 Graco Line Driver. Mr. Bradbury noted that this is a piece of equipment that will help with street lines. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public hearing was closed. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Board of Trustees Meeting June 24,2014 Page 21 of 22 Mayor Paul S. Rosenberg voting aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that Westchester County will be paving Ridge Street this Friday. They will try to stop between 8:30 and 9:00 a.m., and when school is closing. It will be a big of an inconvenience, but it will be worth it. Trustee Heiser thanked everyone who volunteered at the Rye Brook Birhday Party. It turned out to be a spectacular day Mayor Rosenberg announced that the next Board of Trustee meetings were scheduled for July 8, 2014 and July 29th (as amended) . There being no further business before the Board, the meeting was adjourned at 8:30 p.m. Board of Trustees Meeting June 24,2014 Page 22 of 22