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HomeMy WebLinkAbout2013-08-19 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,AUGUST 19, 2013 AGENDA 7:15 P.M.—EXECUTIVE SESSION: Non-Union Compensation Agreement for Acquisition of Real Property West William Street 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing on an application for approval of a special permit and amended site plan for Reckson Operating Partnership, L.P. at property located at 1100 King Street (Village Board will consider the applicant's request for an adjournment of the public hearing) 2) Public hearing on a proposed amended site plan application by Rye King Associates, LLC for property located at 900 King Street RESOLUTIONS: 1) Considering a proposed amended site plan application by Rye King Associates, LLC for property located at 900 King 2) Considering referring a special permit and site plan application by RRC/LCS, Inc. for property located at 561 Westchester Avenue to the Planning Board for report and recommendation 3) Considering approving use of Village streets for the annual Jarden Westchester Triathlon 4) Considering approving the use of Pine Ridge Park for a basketball tournament in support of the LUNGevity Foundation Board of Trustees Meeting August 19,2013 Page 1 of 28 5) Considering setting a public hearing regarding proposed amendments to Chapters 8, 209 and 250 of the Village code regarding the scenic roads overlay district 6) Considering approving the collective bargaining agreement with the Rye Brook Highway Department and Parks personnel, Local 456, International Brotherhood of Teamsters 7) Adopt a determination of significance pursuant to SEQRA concerning the proposed action of acquiring the Highway Garage through the issuance of a bond 8) Considering a resolution authorizing the issuance of bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of land and the highway garage thereon, in and for said Village 9) Considering authorization of a contract of sale for the purchase of property located at West William Street 10)Considering a modification of the License and Permit Fee Schedule to create a fee for Halloween in the Park 11)Considering an Intermunicipal Agreement with Westchester County and the Village of Rye Brook for prisoner transportation 12)Considering approving 2012/2013 year-end budget modifications 13)Considering the transfer of capital funds for road resurfacing 14)Considering a modification of the Board of Trustees Meeting Schedule ADMINISTRATOR'S REPORT OLD BUSINESS 1) Considering proposed amendments to Chapters 179, 209 and 250 of the Village Code regarding Shopping Centers 2) Considering proposed amendments to Chapters 250, 209, 179 and 196 of the Village Code regarding review of site plans by the Village Board and the Planning Board NEW BUSINESS DISCUSSION ITEMS: 1) Modification to travel camp and the license and permit fee schedule Board of Trustees Meeting August 19,2013 Page 2 of 28 2) Proposed Generator Local Law ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: September 10, 2013 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Mayor Paul S. Rosenberg Trustee Jason A. Klein Excused: Jeffrey B. Rednick STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant Village Administrator Edward Beane, Esq.,Village Counsel Michal Nowak, Superintendent of Public Works Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the August 19, 2013 Regular Meeting of the Board of Trustees. He called for the first item on the agenda. PUBLIC HEARINGS: 1) Public hearing on an application for approval of a special permit and amended site plan for Reckson Operating Partnership, L.P. at property located at 1100 King Street (Village Board will consider the applicant's request for an adjournment of the public hearing) Mayor Rosenberg noted that the applicant has requested an adjournment. Edward Beane, Esq. stated that the applicant was notified that his representative should be in attendance, however, there was no follow up to the request and there is no one in attendance at the meeting. Mayor Rosenberg pointed out that this is the fourth adjournment. He felt that this should be the last adjournment granted for this applicant. The process for the application started last year and the Mayor suggested that if they do not supply the information requested by October llo' for the October Board meeting of October 22, 2013 the application should be acted on in some form, such as requiring an SEIS. Board of Trustees Meeting August 19,2013 Page 3 of 28 Mayor Rosenberg asked for the Board's consensus, and it was felt that the information requested must be submitted by October 40'. If this time comes and no information has been submitted then an SEIS will be requested. Trustee David Heiser noted that the applicant may not be aware that this will be the last adjournment approved. Attorney Beane agreed with Trustee Heiser, in that the applicant should have notice that this would be the last adjournment. He will contact the applicant's legal counsel and relay this information to them; then no one can say that the Village did not go the extra mile. Mayor Rosenberg called for a motion. Trustee Heiser made a motion that the matter be adjourned to the first meeting in November;November 120i (with all submissions made by October 250i). Trustee Jason Klein seconded the motion. This will give the applicant an extra month. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg called for the next matter on the agenda: 2) Public hearing on a proposed amended site plan application by Rye King Associates, LLC for property located at 900 King Street Mayor Rosenberg noted that the applicant has requested that the matter be adjourned to September 22nd. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the matter was adjourned. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting August 19,2013 Page 4 of 28 1) Considering a proposed amended site plan application by Rye King Associates, LLC for property located at 900 King It was noted that both the public hearing and resolution on this matter were adjourned. 2) Considering referring a special permit and site plan application by RRC/LCS, Inc. for property located at 561 Westchester Avenue to the Planning Board for report and recommendation Mr. Bradbury, Village Administrator, read the following resolution: CONSIDERING REFERRING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION BY RRC/LCS,INC. FOR PROPERTY LOCATED AT 561 WESTCHESTER AVENUE TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, RRC/LCS, Inc. ("Applicant") has made an application to the Village of Rye Brook for approval of a Special Use Permit and Site Plan to legalize an existing office 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, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for approval of a Special Use Permit and Site Plan to the Planning Board for Report and Recommendation. 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. Board of Trustees Meeting August 19,2013 Page 5 of 28 Demetrios Adamis, Esq., legal representative for the applicant addressed the Board. He noted that the application is for a one person accounting firm that was started by the applicant's mother. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 3) Considering approving use of Village streets for the annual Jarden Westchester Triathlon Mr. Bradbury read the following resolution: CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE ANNUAL JARDEN WESTCHESTER TRIATHLON RESOLVED, that the Jarden Westchester Triathlon is authorized to use the Village of Rye Brook streets for the Jarden Westchester Triathlon on Sunday, September 29, 2013, requested in a letter received August 14, 2013; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. This race has passed through Rye Brook in previous years. This year the Village received information that the route will be changed from last year's route. In addition, there is a new charge for the police department, and the Village would like the applicant to be aware of the changes in fees. The applicant has been contacted, but has not yet responded. The consensus of the Board was to approve the resolution. If the applicant has any issues, they can return to the Board. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted, as amended. The roll was called: Board of Trustees Meeting August 19,2013 Page 6 of 28 Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 4) Considering approving the use of Pine Ridge Park for a basketball tournament in support of the LUNGevity Foundation Mr. Bradbury read the following resolution: CONSIDERING A REQUEST TO USE PINE RIDGE PARK FOR A BASKETBALL TOURNAMENT IN SUPPORT OF THE LUNGEVITY FOUNDATION WHEREAS, a request was received to host a 3-on-3 basketball tournament on September 21, 2013 (rain date September 28, 2013) in memory of Dawn Denti, a Rye Brook resident who passed away from Lung Cancer; and WHEREAS, the tournament would support the LUNGevity foundation, which funds medical research for the diagnosis, treatment, and cure of lung cancer. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby grants the use of the Pine Ridge Park basketball courts on Saturday, September 21, 2013 from 11:00 am to 4:00 pm (rain date September 28, 2013) for the 3-on-3 basketball tournament; and be it FURTHER RESOLVED, that there shall be no fee for the use of the basketball courts for this event; and be it FURTHER RESOLVED, that the event sponsor shall provide a certificate of insurance to the satisfaction of the village risk manager; and be it FURTHER RESOLVED, the event and parking will be in coordination with the Village's Recreation and Police Departments, and the event sponsor shall reimburse the village for any personnel costs related to the coordination of this event. Mayor Rosenberg asked that the resolution reflect that the event will use the basketball courts and not the entire park. There are no fees for the use of the basketball courts for this event. The Rye Brook Police Department is aware of this event. This is a great cause. Mayor Board of Trustees Meeting August 19,2013 Page 7 of 28 Rosenberg asked that the resolution be specific and note that the application was for the use of the basketball courts and not the entire park. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted, as amended. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 5) Considering setting a public hearing regarding proposed amendments to Chapters 8, 209 and 250 of the Village code regarding the scenic roads overlay district Mr. Bradbury read the following resolution: SETTING A PUBLIC HEARING FOR A LOCAL LAW TO AMEND CHAPTERS 8, 209 AND 250 OF THE VILLAGE CODE REGARDING THE SCENIC ROADS OVERLAY DISTRICT WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning the Scenic Roads Overlay District; and WHEREAS, a proposed local law was introduced to amend Chapters 8, 209 and 250 of the Code of the Village of Rye Brook in this regard. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on September 10, 2013 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law to amend Chapters 8, 209 and 250 of the Code of the Village of Rye Brook concerning the Scenic Roads Overlay District; 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, notice of the public hearing on the proposed local law shall be referred to the Westchester County Planning Department no less than 10 days prior to the public hearing concerning the application. Board of Trustees Meeting August 19,2013 Page 8 of 28 Mayor Rosenberg noted that the Village is amending its Code to make things a little bit easier for the residents and make the application process a little less ominous. Properties within the Scenic Overlay District are hit hard during the application process. The Planning Board has reviewed this section of the code. Changes have been proposed. The items discussed by the Planning Board were reviewed, including the review by the Architectural Review Board. The date chosen for the public hearing was September 100'. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg thanked staff, consultants, and the Planning Board members for their work on these amendments. 6) Considering approving the collective bargaining agreement with the Rye Brook Highway Department and Parks personnel, Local 456, International Brotherhood of Teamsters Mr. Bradbury read the following resolution: APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK HIGHWAY DEPARTMENT AND PARKS PERSONNEL, LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Rye Brook Highway Department and Parks Personnel, Local 456, International Brotherhood of Teamsters for the period of June 1, 2012 to May 31, 2016, on the terms and conditions set forth in the Stipulation of Agreement dated October 19, 2012 and modified July, 2013, which is hereby ratified on behalf of the Village of Rye Brook; and it is FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Board of Trustees Meeting August 19,2013 Page 9 of 28 Mayor Rosenberg thanked Chris and his staff, and labor counsel, and the union for the work on this proposal. Mr. Bradbury noted that he highly recommended approval of this agreement. This is a four year agreement. He reviewed the changes which included payment of benefits, sick leave, raises, vacation pay, life insurance, and adds some restrictions on Worker's Compensation cases. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg, with the consensus of the Board, asked that several items be taken out of order as a courtesy to those who were attending the meeting for these items. There is a long agenda and the Board opted to move to Old Business. OLD BUSINESS: 1) Considering proposed amendments to Chapters 179, 209 and 250 of the Village Code regarding shopping centers. There is information about the proposed changes to sections 179, 209 and 250 of the Village Code that has been reviewed by Village staff and consultants. Comments from the July work session have been incorporated in to the proposed changes. The goal is to make things a little easier for the applicants within the shopping center to make applications to the Village. The Village is trying to find ways to streamline the process and make it a less time consuming process. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She walked the Board through the proposed changes to the local law. Some of the discussion from the work shop included creating a new zone for the shopping centers. The Code and the current zones that the shopping centers are in were reviewed. It was decided that it would not be necessary to create a new zoning district. A shopping center was defined and the definition will be added to Section 250 of the Code. Research will be done to see what the smallest building is within the Village that is considered a shopping center. Currently the three shopping centers are being considered: Washington Park, Lower Rye Ridge, and Upper Rye Ridge. There also needs to be a mix of two special permit uses: C I P and the OBS Districts The shopping center shall be considered existing if it was created before the adoption of these amendments. Chapter 250 will need to be Board of Trustees Meeting August 19,2013 Page 10 of 28 amended. Section 209, Section E, includes what will be exempted in site plan review. This section is being added and lists the exemptions. This takes care of a change of use within an existing building. Also reviewed were small site changes i.e.: a change to lighting. Most changes of use would not go to the Planning Board. It would be left in the hands of the Building Inspector. A second tier of Approval was reviewed where the Planning Board, if there was a change in the intensity of use, would be the approval authority. If retail was leaving and the location would now house a restaurant and the Building Inspector found that additional parking spaces were need, then a parking study would be requested. The Rye Ridge shopping center at the moment has an excess of parking spaces. Parking capacity would be reviewed at the time of application. At that point the Planning Board would be the approval authority for this type of change. The Code is being amended to accommodate the Shopping Center. Ms. Timpone Mohamed stated that the public hearings can be waived. Mr. Bradbury noted that there is the option of waiving notification requirements. It would be the shopping center's job to notify its tenants of any changes. Ms. Timpone Mohamed noted that the issue of the parking study should be reviewed. If the Building Inspector notes an increase in parking a site plan review can be requested. Mayor Rosenberg noted Mr. Stahl of Win Ridge was in attendance. Mr. Stahl noted that he was very pleased to see some progress on this subject. The Village has been talking about it for almost two years. Win Ridge recognizes that the Board is trying to reduce work involved. Mr. Bradbury noted that this is a working document, and the matter will be referred to the Planning Board. Mr. Stahl noted that his concern on the parking is that parking counts and uses based on the old Code are used. When the Building Department reviews the application to see whether or not it is a more intense use, then a site plan review will be triggered. The Planning Board has the ability to allow for shared parking spaces (when a person visits more than one location within the shopping center during a visit). The Building Inspector cannot make this determination. There is a 7500 square foot office and a change of use is being considered. Ms. Timpone Mohamed noted that as an example, moving a door 20' to the right and changing the walkway would not be captured for site plan review. Mr. Bradbury noted that while reviewing this matter it is the time to make the required changes. The idea is to catch the applications that would have to go to site plan approval. Under the current Code an applicant must go to one or two Planning Board meetings. Mayor Rosenberg agreed that what gets captured for some of the small applications should be reviewed. For larger items, the Planning Board could handle things. The public hearing process at both the BOT and Planning Board extends the time frame by a month. Board of Trustees Meeting August 19,2013 Page 11 of 28 Ms. Timpone Mohamed noted that the need for interpretation by the Building Inspector is required. The application will be redrafted. The matter will be addressed at the September 100'meeting. Mayor Rosenberg thanked the applicant for his input. 2) Considering proposed amendments to Chapters 250, 209, 179 and 196 of the Village Code regarding reviews of site plan by the Village Board and Planning Board Mayor Rosenberg noted that the Planning Board met to discuss this matter. Under the proposed legislation certain things would not have to come back to the Board of Trustees. The proposed amendments cut out at least one meeting. A committee made of Planning Board Members, Board of Trustee members, Mr. Bradbury, Ms. Timpone Mohamed and Mr. Izzo to discuss this matter a little further was created. Trustee Heiser is the liaison to the Planning Board. Trustee Heiser and Mayor Rosenberg will be the representatives for the Board of Trustees. The Mayor will reach out to Mr. Zuckerman, the chairman of the Planning Board. Mayor Rosenberg moved to Discussion Items. He called for the second matter regarding generators. DISCUSSION ITEMS: 1) Proposed Generator Local Law Mayor Rosenberg noted that the Planning Board had vetted the local law, but there was one item that was not reviewed. What would happen in a P.U.D. or Conservation Subdivision if the club house wanted to put in a generator? Would this application need to go to site plan review? They would need a larger more powerful generator than a residence. The motion was to our code being proposed would apply to single family homes. This matter should be clarified because for notification requirements this change must be included. The common property locations of a P.U.D. are surrounded by homes and therefore it should go through site plan review. The Village should not be carving out the exception for meeting houses and club houses. Trustee Heiser noted that the purpose of the amendments was to aid the individual home owners. Mr. Bradbury reviewed the process and noted that if P.U.D. were to be added the local law would need to be modified. Mayor Rosenberg returned to the agenda: Board of Trustees Meeting August 19,2013 Page 12 of 28 7) Adopt a determination of significance pursuant to SEQRA concerning the proposed action of acquiring the Highway Garage through the issuance of a bond Mr. Bradbury read the following resolution: ADOPTING A DETERNIINATION OF SIGNIFICANCE PURSUANT TO SEQRA CONCERNING THE PROPOSED ACTION OF ACQUIRING THE HIGHWAY GARAGE THROUGH THE ISSUANCE OF A BOND WHEREAS, the Board of Trustees desires to acquire an approximately 31,716 square foot parcel of real property and the highway garage building thereon, located on West William Street, designated as Parcel ID 141.35-2-43 on the Town of Rye Tax Map, in and for the Village of Rye Brook, Westchester County,New York; and WHEREAS, the Board of Trustees desires to acquire said real property and the highway garage building thereon, through the issuance of$750,000 bonds of the Village of Rye Brook pursuant to the Local Finance Law; and WHEREAS, the Board of Trustees has reviewed the Environmental Assessment Form prepared for this Proposed Action and is familiar with the site and all aspects of the Proposed Action. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other materials prepared for this Unlisted action undergoing an uncoordinated review, hereby adopts the attached Negative Declaration. Mr. Bradbury noted that the Village Board is comfortable with the SEQRA portion of the proposed action. This is the environmental section. The next two items also have to do with the acquisition: the issuance of bonds and the contract. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Board of Trustees Meeting August 19,2013 Page 13 of 28 Mayor Paul Rosenberg Voting Aye 8) Considering a resolution authorizing the issuance of bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of land and the highway garage thereon, in and for said Village Mr. Bradbury read the following resolution: A RESOLUTION AUTHORIZING THE ISSUANCE OF $750,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF LAND AND THE HIGHWAY GARAGE THEREON,IN AND FOR SAID VILLAGE. 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 project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying the cost of the acquisition of an approximately 31,716 square foot parcel of land, tax numbered 141.35-2-43, and the highway garage building thereon, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, there are hereby authorized to be issued $750,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid class of objects or purposes is hereby determined to be $750,000, and the plan for the financing thereof is by the issuance of the $750,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Board of Trustees Meeting August 19,2013 Page 14 of 28 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid object or purpose is twenty-five years under subdivision ninety-three of paragraph a of Section 11.00 of the Local Finance Law, because the object or purpose is comprised of items which can be assigned a period of probable usefulness of at least twenty-five years under subdivision eleven or twenty-one of said paragraph a. The building to be acquired is hereby determined to be at least a class"B"building within the meaning of said subdivision eleven of said paragraph a. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. 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 Board of Trustees Meeting August 19,2013 Page 15 of 28 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, he shall comply fully with the provisions of the 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 Board of Trustees Meeting August 19,2013 Page 16 of 28 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. 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. 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. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. Board of Trustees Meeting August 19,2013 Page 17 of 28 Mr. Bradbury reviewed the process and next steps to be taken, including notification via publishing in the Westmore News. This resolution authorizes the issuance of the bond. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 9) Considering authorization of a contract of sale for the purchase of property located at West William Street Mr. Bradbury read the following resolution: CONSIDERING AUTHORIZATION OF A CONTRACT OF SALE FOR THE PURCHASE OF PROPERTY LOCATED ON WEST WILLIAM STREET WHEREAS, the Board of Trustees desires to acquire an approximately 31,716 square foot parcel of real property, including the highway garage building and any other improvements thereon, located on West William Street, designated as Parcel ID 141.35-2- 43 on the Town of Rye Tax Map, in and for the Village of Rye Brook,Westchester County, New York; and WHEREAS, on August 19, 2013 the Board of Trustees adopted a Negative Declaration pursuant to SEQRA for the Proposed Action which includes the authorization of a Contract of Sale for the purchase of said real property and improvements. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Administrator are hereby authorized to sign any and all documents related to, and for the specific purpose of purchasing real property, including the highway garage building and any other improvements thereon, located on West William Street and designated as Parcel ID 141.35-2-43; and Board of Trustees Meeting August 19,2013 Page 18 of 28 BE IT FURTHER RESOLVED, that the form and sufficiency of such documents shall be subject to review and approval by the Village Attorney. Mr. Bradbury noted that this is the contract of sale for the highway garage. The Village Attorney has discussed this sale with the Town Attorney and several items in the contract have been reviewed. There are some technical issues that have not yet been resolved, but the business terms have been negotiated. The final version of the contract will have all of the technical language resolved. Mayor Rosenberg thanked everyone for their work on this issue. This is a great opportunity for the Village of Rye Brook. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 10)Considering a modification of the License and Permit Fee Schedule to create a fee for Halloween in the Park Mr. Bradbury read the following resolution: CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE TO CREATE A FEE FOR HALLOWEEN IN THE PARK RESOVLED, that the License & Permit Fee Schedule is hereby amended as follows: Halloween in the Park $2/person; under 2 years old free Board of Trustees Meeting August 19,2013 Page 19 of 28 A work session was held and this matter was reviewed. They Village attempts to keep the fees as reasonable as possible. The Board suggested noting that children under two would be free. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted as amended. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 11)Considering an Intermunicipal Agreement with Westchester County and the Village of Rye Brook for prisoner transportation Mr. Bradbury read the following resolution: CONSIDERING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION RESOLVED, that the Village of Rye Brook is authorized to enter into an Inter- Municipal Agreement with Westchester County for prisoner transportation, for the period of January 1, 2013 to December 31, 2014 as follows: (1/l/13-12/31/13) $201.03 per round trip plus mileage (1/l/14-12/31/14) $207.07 per round trip plus mileage; and BE IT FURTHER RESOLVED,that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Rosenberg noted that this is a regular item placed on the Board of Trustees' agenda every year or two. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Board of Trustees Meeting August 19,2013 Page 20 of 28 The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 12)Considering approving 2012/2013 year-end budget modifications Mr. Bradbury read the following resolution: CONSIDERING APPROVING 2012/2013 YEAR-END BUDGET MODIFICATIONS RESOLVED, that the following 2012/2013 year-end budget modifications be hereby approved: FROM TO AMOUNT 101.1325.160 101.1010.469 $ 406 (Treasurer's Office - (BOT— Office Assistant-Financial) Misc.) 101.1325.189 101.1010.469 $ 26 (Village Treasurer - (BOT— Overtime/Vacation Pay) Misc.) 101.1325.442 101.1010.469 $ 700 (Village Treasurer - (BOT— Banking Services) Misc.) 101.1410.486 101.1010.469 $ 7,464 (Village Clerk- (BOT— Village Election) Misc.) 101.1410.199 101.1230.110 $ 313 (Village Clerk- (Village Administrator— Minutes-BOT Meetings) Village Administrator) 101.1410.462 101.1230.110 $ 2,434 (Village Clerk- (Village Administrator— Legal Advertising) Village Administrator) Board of Trustees Meeting August 19,2013 Page 21 of 28 101.1410.484 101.1230.110 $ 1,500 (Village Clerk- (Village Administrator— Records Management) Village Administrator) 101.1650.497 101.1230.110 $ 2,707 (Central Items - (Village Administrator— Central Communications) Village Administrator) 101.1660.496 101.1230.110 $ 944 (Central Items - (Village Administrator— Central Supplies) Village Administrator) 101.1660.496 101.1230.120 $ 1,359 (Central Items - (Village Administrator— Central Supplies) Assistant Village Administrator) 101.1410.499 101.1230.454 $ 393 (Village Clerk- (Village Administrator— Contractual) Travel/Conference) 101.1930.439 101.1230.170 $ 3,360 (Special Items - (Village Administrator— Judgments & Claims) Secretary to Village Administrator) 101.1930.439 101.1230.199 $ 1,879 (Special Items - (Village Administrator— Judgments & Claims) Longevity/Vacation) 101.1930.439 101.1420.458 $14,416 (Special Items - (Village Attorney— Judgments & Claims) Supplemental Services) 101.1980.425 101.1420.458 $ 9,915 (Special Items - (Village Attorney— MTA Tax) Supplemental Services) 101.1910.422 101.1680.408 $ 1,613 (Special Items - MIS— Unallocated Insurance) Toners) 101.1910.422 101.1680.411 $ 171 (Special Items - MIS— Unallocated Insurance) Computer Supplies) Board of Trustees Meeting August 19,2013 Page 22 of 28 101.1910.422 101.1440.110 $ 950 (Special Items - (Village Engineer— Unallocated Insurance) Village Engineer/Supt. of Public Works) 101.1980.423 101.1640.415 $ 2,222 (Special Items - (Central Garage— Consulting Fees) Fuel) 101.1980.423 101.1640.430 $ 2,821 (Special Items - (Central Garage— Consulting Fees) Tires) 101.1990.424 101.3120.189 $21,025 (Special Items - (Police Dept.— Contingency) Overtime) 101.3410.450 101.3120.189 $ 2,885 (Fire Protection - (Police Dept.— Utilities) Overtime) 101.3410.411 101.3620.120 $ 1,037 (Fire Protection - (Safety Inspection— Building Maintenance Building Inspector) Supplies) 101.3410.498 101.3620.140 $ 1,490 (Fire Protection - (Safety Inspection— Contractual) Office Assistant) 101.3410.451 101.3620.189 $ 1,324 (Fire Protection- (Safety Inspection— Heating Fuel) Overtime) 101.3410.451 101.3620.193 $ 543 (Fire Protection- (Safety Inspection— Heating Fuel) Longevity) 101.3410.454 101.3620.150 $ 318 (Fire Protection - (Safety Inspection— Training) Int. Account Clerk) 101.3410.454 101.3620.160 $ 2,363 (Fire Protection- (Safety Inspection— Training) Assistant Building Board of Trustees Meeting August 19,2013 Page 23 of 28 Inspector) 101.5110.150 101.5182.402 $24,078 (Highway Maint. - (Street Lighting) Laborers) 101.5142.199 101.8120.403 $10,782 (Snow Removal- (Sewer Account) Overtime) 101.5142.417 101.8320.400 $17,018 (Snow Removal - (Water Account) Sand/Salt) 101.3410.498 101.3510.499 $ 19 (Fire Protection - (Control of Animals— Contractual) Contractual) TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE MAYOR ROSENBERG AYE Mr. Bradbury noted that this resolution is to close out the books, and start clean up in preparation for the audit. He reviewed the proposed transfers between accounts. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 14) Considering the transfer of capital funds for road resurfacing Mr. Bradbury read the following resolution: Board of Trustees Meeting August 19,2013 Page 24 of 28 CONSIDERING TRANSFERRING FUNDS FROM 2011/2012 ROAD RESURFACING CAPITAL PROJECT TO 2012/2013 ROAD RESURFACING CAPITAL PROJECT RESOLVED, that the remaining balance of$23,533.49 be transferred from the 2011/2012 Road Resurfacing Capital Project to the 2012/2013 Road Resurfacing Capital Project; and BE IT FURTHER RESOLVED, that the 2011/2012 Road Resurfacing Capital Project be closed and removed from the project length schedule. Mr. Bradbury noted that this resolution closes out the prior year's budget. The funds will be used to work on additional roadways in order to maintain the streets. The idea is to maintain the streets early in the process. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye 14) Considering a modification of the Board of Trustees Meeting Schedule Mr. Bradbury read the following resolution: CONSIDERING THE MODIFICATION OF THE BOARD OF TRUSTEES MEETING SCHEDULE RESOLVED, that the following Board of Trustees meeting date is hereby cancelled: September 24, 2013; and be it Board of Trustees Meeting August 19,2013 Page 25 of 28 FURTHER RESOLVED, the following Board of Trustees meeting date is hereby scheduled: Thursday, September 26, 2013 @ 7:30PM Mr. Bradbury noted that this resolution would move the second meeting in September to September 26, 2013. Both the Administrator and Assistant Administrator will be out of town on September 24th. On motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that as part of the comprehensive plan process a new survey is being sent out electronically. A lot of information will be sent out, and residents are encouraged to compete and return the survey. It is now available. This will assist the comprehensive plan committee to see what items should be addressed. The Village is getting the word out. This matter will be on the Village's website. The Mayor noted that he will be sending out a newsletter and it will be attached to the website through a link. This matter will be addressed at the Senior Center as well. The Ridge Street Bridge completion is scheduled for August 30th. The Engineering consultants feel that the bridge will be opened by that date. Road resurfacing began today. Roads are being milled down, and then resurfaced. This work will most likely take three to four weeks. Shakespeare's Taming of the Shrew was held on August 10th. About 100 people attended. This was one of the best turn outs. This program will continue. Mr. Bradbury noted that another event being considered is a dog wash with the Humane Society has been suggested for September. DISCUSSION ITEMS Board of Trustees Meeting August 19,2013 Page 26 of 28 1) Modifications to travel camp and the License and Permit Fee Schedule Mr. Bradbury noted that this is a fantastic program. The travel camp travels four days a week and one day a week they stay in camp and hang out. Many people do not send their children to camp on the day that they don't travel. Mr. Bradbury was asked to review this with the Recreation Department. This is a six- week camp. Admission fees vary, and whether or not school buses or tour buses are used vary. The extra day of travel will most likely run an additional $25.00 for a small travel event. The larger events would be more. Mayor Rosenberg suggested that the smaller and larger events be spread out evenly during the weeks. Residents can sign up for any number of weeks, and they can choose the week. There are places where the camp can travel locally such as a Met Game or Bowling, and he suggested that perhaps Fridays could be used for a smaller event to avoid traffic. The changes made will not affect this year's camp, but for budget reasons it must be done now. The Board moved to increase the fees for the travel camp on a motion made by Trustee Heiser and seconded by Trustee Epstein. CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING RESOVLED, that the License & Permit Fee Schedule is hereby amended as follows: Teen Travel Camp 2013-2014 2013-2014 Adopted Amended 6 - Week Resident $1,450 $1,630 6- Week Resident after May $1,550 $1,730 1 6 - Week Non-Resident $1,900 $2,080 5 - Week Resident $1,425 $1,575 5 - Week Non- Resident $1,750 $1,900 4 - Week Resident $1,244 $1,364 4 - Week Non- Resident $1,520 $1,640 3 - Week Resident $1,065 $1,155 3 - Week Non- Resident $1,290 $1,360 2 - Week Resident $830 $890 2 - Week Non-Resident $1,080 $1,140 1 - Week Resident $485 $515 1 - Week Non-Resident $630 $660 The roll was called: Board of Trustees Meeting August 19,2013 Page 27 of 28 Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg noted that the next Board of Trustee meeting was scheduled for September 10, 2013. He called for a motion and second for an executive session to discuss the topic of non-union compensation. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the meeting was adjourned at 9:40 p.m. and the Board entered into an Executive Session. Board of Trustees Meeting August 19,2013 Page 28 of 28