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HomeMy WebLinkAbout2012-06-12 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 12, 2012 AGENDA 7:00 P.M.—Executive Session— Potential Purchase of Real Property 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing on a proposed local law amending Chapter 240 of the Village Code regarding parking regulations RESOLUTIONS: 1) Considering a proposed local law amending Chapter 240 of the Village Code regarding parking regulations 2) Setting a public hearing to consider an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners Association 3) Considering the use of village streets for Braking the Cycle Bicycle Ride 4) Considering authorization of a Contract of Sale for the purchase of property located at 37 Garibaldi Place 5) Considering authorizing the issuance of$375,000 Bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of approximately 0.10 acres of land and an existing residence at thereon at 37 Garibaldi Place in the Village, the demolition thereof, and related site restoration work Board of Trustees Meeting June 12, 2012 Page 1 of 21 6) Considering a budget transfer 7) Considering a modification to the 2012-2013 License and Permit Fee Schedule for Recreation Programs 8) Considering an extension of the street tree removal contract 9) Considering support of proposed state legislation S.06761 regarding the definition of consolidation 10)Considering the approval of minutes: May 8, 2012; May 22, 2012 ADMINISTRATOR'S REPORT OLD BUSINESS: 1) Discussion of potential Shopping Center legislation 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: June 26, 2012 and July 10, 2012 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michal Nowak, Village Engineer Marilyn Timpone-Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting June 12, 2012 Page 2 of 21 Mayor Joan L. Feinstein welcomed everyone to the June 12, 2012 Regular Board of Trustees Meeting. She called for the first item on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING REGULATIONS On a motion made by Trustee Jeffrey B. Rednick, and seconded by Trustee, David M. Heiser, the public hearing was declared open. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye The Traffic Commission reviewed signage in the Village and found that the Village Code and the existing signage did not match. These changes bring the Code up-to-date. Mayor Feinstein called for members of the public wishing to address the Board in connection with this matter. There being no one, she called for a motion to close the public hearing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was closed. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 12, 2012 Page 3 of 21 RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING REGULATIONS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING REGULATIONS WHEREAS, on June 12, 2012 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on June 12, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 240 of the Village Code regarding parking regulations. On a motion made by Trustee Jeffrey B. Rednick, and seconded by Trustee, David M. Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 2) SETTING A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISION AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWNERS ASSOCIATION Board of Trustees Meeting June 12, 2012 Page 4 of 21 Trustee Toby Marrow noted that she resides in the Arbors, and recused herself from voting on this matter. Mr. James Ryan, of John Meyer Consulting, noted that his assignment was to amend the existing PUD. He introduced Lee S. Wiederkehr, Esq., of DelBello, Donnellan Weingarten Wise and Wiederkehr, LLP, Legal Counsel for the applicant. He noted that the applicant had prepared a Power Point presentation for the Board. Mr. Ryan began the presentation by noting that there are 250 units within the Arbors and the application includes site related changes. The application has been reviewed by the Planning Board and it has made its recommendations. There was a review of the sub-division and there was research on lot lines, site conditions, land records, and what was built in 1974. Photo documentation and a field survey were done and it was found that 246 of the 250 units had encroachment issues. The information was detailed and now the application goes through the legal process. In order to correct the encroachments, the PUD must be amended. The applicant has been working with the Village. Storm water management has been done, and parking was reviewed. Mr. Ryan read all eight (8) conditions recommended by the Planning Board into the record. Mr. Ryan noted that the Arbors Homeowner Association needed to come up with a plan to correct the situation that currently exists at the Arbors. The property lines were inconsistent, and encroachments were discovered. There were prior efforts to solve the problem, but the most pragmatic way to address the problem was a class action concept. An amended sub- division plan was created. The proposed approach was addressed with the Homeowners Association. The issues will be resolved by a court proceeding, and the end result should be fair and equitable. In essence, the litigation is for equitable relief. No one will be permitted to opt out of the settlement and each and every unit will be bound by the amended sub- division. Before the Court can approve the settlement the Homeowners Association, the County of Westchester, The Department. of Health, and the Village of Rye Brook must all join in. Everyone will have an opportunity to present their objections. Mayor Feinstein noted that there are many different aspects that need to be reviewed. The Court will make the determination with respect to the sub- division. Attorney Wiederkehr noted that only deminimus requests have been made for amendments by the homeowners. The Court monitors the case. There is a Court conference set for June 201h which will need to be postponed, but the hope is to move to the resolution stage. Board of Trustees Meeting June 12, 2012 Page 5 of 21 Mayor Feinstein questioned the timing. Attorney Wiederkehr responded, optimistically, that the matter could be resolved in 150 days. The process has been an open process with the homeowners. The maps have been circulated to all individuals who own property within the Arbors. Issues with lot lines should be brought to the attention of John Meyer Consultants. All calls are taken and answered as quickly and concisely as possible. There have been twelve calls, and only four requested changes. Mr. Christopher Bradbury, Village Administrator, noted that the Village will receive new maps with the changes and the changes will be explained in detailed. Mayor Feinstein noted that the homeowners can contact the Homeowners Association's Board and have their questions answered. This process has been ongoing for a few years. The matter before this evening was to schedule a public hearing. Mayor Feinstein asked for clarification of the issue concerning the maintenance shed. This shed is on school property and the Arbor's has a lease. Mr. Ryan explained that another shed was proposed and he noted that there will never be two sheds on this property. Once the new shed is built, the old one will no longer belong to the Arbors. The goal is to obtain the approval and build a new shed on property that the Homeowners Association owns. The decision of what the existing shed will be used for is up to the school district. It is their property and the decision of how it will be used is up to them. Although the Arbors will not use it as maintenance shed, they may ask to use the area for parking. Currently the Arbors leases the property where the shed was constructed. This issue has not yet been discussed with the Board of Education. The shed cannot be removed without the Board of Education's permission. Mr. Bradbury questioned whether the Arbors was interested in using the paved area near the maintenance shed and are they considering using the maintenance shed for storage. Mr. Robert Flink responded that there is no intention to use this shed for storage. He stressed the fact that there will never be a time where the Homeowners Association will be using both maintenance sheds. Mayor Feinstein questioned whether or not all of the existing easements were listed on the site plan. Mr. Ryan noted there are easements and agreements between individuals who own units. There will be a note on the plans that covers any easements or agreements — a catch all. Board of Trustees Meeting June 12, 2012 Page 6 of 21 Edward Beane, Esq., Village Consultant, noted that all easements will be picked up on the note of the plans. Trustee Paul Rosenberg noted that the Planning Board recommendations included an ingress/egress for emergency vehicles. Mr. Ryan noted that a recommendation was discussed with the Homeowners Association. The Village needs to be brought in on the conversations on subjects such as pavement types, width of the road, and a spur that exists. This is a good thing to have for a development like this. The question is how to implement it and this matter will be discussed further during the public hearing. Mayor Feinstein noted that the public hearing will be kept open for as long as necessary. Trustee Jeffrey Rednick noted that the notification of the public hearing needs to be discussed. Mr. Flink noted that the H.O.A. will notify all individuals through email, regular mail, and hand-delivered. There will also be a sign on the site. Mayor Feinstein called for questions or comments from the Board and members of the public. There being no comments, she asked Mr. Bradbury to read the resolution. RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISION AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWNERS ASSOCIATION WHEREAS, the Board of Trustees is in receipt of an application for amended PUD subdivision and site plan application by Moge Agahian on behalf of the Arbors Homeowners Association, Inc. for property located at the south of the intersection of King Street and the Hutchinson River Parkway in the PUD Zoning District; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action on February 14, 2012 and referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and Board of Trustees Meeting June 12, 2012 Page 7 of 21 WHEREAS, the Planning Board of the Village of Rye Brook has submitted a Report and Recommendation to the Board of Trustees on May 12, 2012; and WHEREAS, the Board of Trustees, pursuant to SEQRA, circulated its Notice of Intent to Declare Lead Agency on March 19, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on July 10, 2012 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the applications for approval of an Amended PUD Site Plan and Amended PUD Subdivision Plat for the Arbors Homeowner's Association; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §§ 239-m and 239-nn, the application be referred to the Westchester County Department of Planning and the Town of Greenwich, Connecticut for comment no less than 10 days prior to the public hearing concerning the application; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code except that Arbors residents shall be notified in the same manner as the notice for monthly common charges and provide a sign on the property. . The Board and Mr. Bradbury amended the resolution. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted as amended. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Abstained Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein thanked everyone for their hard work and noted that everyone is working towards the same goal. Board of Trustees Meeting June 12, 2012 Page 8 of 21 With the consensus of the Board, Mayor Feinstein called for a matter out of order on the agenda. OLD BUSINESS: 1) DISCUSSION OF POTENTIAL SHOPPING CENTER LEGISLATION Mayor Feinstein gave the history of this matter. This matter was discussed with Win Ridge who prepared some proposed legislation, which was reviewed by the Village's Consultant. She called upon the Village's Planning Consultant for a presentation on this issue. Marilyn Timpone-Mohamed, Village Consultant from the firm of Frederick P. Clark Associates, gave an overview of this issue. She noted that Codes from other municipalities were reviewed to see how shopping centers were handled. Twelve municipalities had legislation that related to shopping centers. The centers were either a separate district or the existing regulations for site plan approval, building bulk, parking, etc. were amended to recognize particular conditions within a shopping center. Certain changes of use within the shopping center don't rise to a site plan amendment, however, as per Rye Brook's Code a site plan would be required. The most logical way was to lessen the impact on the applicant would be to revise the C1 District to define some of the uses. One of the issues is not just that it is difficult for the shopping center owner to change a lease on the property, but it is also difficult for Village Staff and the Village Building Inspector to review these types of changes. Ms. Timpone Mohamed reviewed the recommendations that were being made. She noted that the requirements should be universal and not geared towards any one shopping center. The C1P District includes the medical building on Ridge Street. Section 250-31 of the Village Code should also be amended to add shopping centers and fast food restaurants. Then 256(g)(1)(c) should also be amended. This section addresses parking. And, finally, Section 250-31(k) should also be amended. A change of use should not require site plan approval or review by the Planning Board under certain conditions and the conditions are listed. A set of criteria has been suggested to assist the Building Inspector, and it includes parking and use. If the shopping center owner wanted to change a canopy or add stairways or handicapped ramps there are certain conditions that will keep these issues in the hands of the Building Inspector. These changes could help streamline the process. A second tier of review can be created. Changes on a Board of Trustees Meeting June 12, 2012 Page 9 of 21 commercial property falls under the purview of the Village Board, but could be changed to the Planning Board. If the Building Inspector determines that the change of use would impact parking, then the matter could be sent to the Planning Board for review. They would act as a gatekeeper. When the legislation is drafted the Planning Board would be given clear criteria. Mayor Feinstein noted that a retail use to a restaurant use took place when Chop't came in. Under existing legislation any change would need to come back to the Village Board. The proposed changes to the legislation give more control to the Building Inspector, and the Planning Board. The question is whether or not the Village Board wants to relinquish approval. Trustee Rosenberg noted that he was concerned with giving too much ability to kick back an application to the Village Board. Going from food to retail means going to the Planning Board and Village Board based on the criteria listed in condition #5. He felt that the proposed legislation needed to be tightened up to keep with the spirit of the way things work. Giving the Planning Board approval authority would entail more changes to the Code. The next step would be the drafting of the legislation. Mayor Feinstein noted that streamlining and making things more economically viable should be done. Peter Stahl of Win Ridge addressed the Board. He was glad to see that there was progress. Site plan review is a long and expensive process. Legislation has been proposed to help streamline this process. Mayor Feinstein noted that the Village is trying to come up with ways to streamline the process. Ms. Timpone-Mohamed noted that parking could be reviewed. Some codes have language in their legislation that takes into consideration that a person parking in the shopping center will make multiple stops. If the intensity of a store is increased, a parking demand study may still be needed. You don't want to have a situation where you are bumped up against the upper limits. An alternate way to look at the parking is in the Code already, and perhaps additional guidance is needed. Mr. Ryan noted that the intensity of a shopping center is defined by different uses. Putting the burden on the Building Inspector is intense. Refining what a shopping center is removes the `grey' area and will accomplish the applicant's goal. Board of Trustees Meeting June 129 2012 Page 10 of 21 Mayor Feinstein noted that the comprehensive plan process will be starting soon. She felt that the Board needed to discuss this matter further. 3) CONSIDERING THE USE OF VILLAGE STREETS FOR BRAKING THE CYCLE BICYCLE RIDE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR BRAKING THE CYCLE BICYCLE RIDE WHEREAS, in an email dated May 31, 2012, Steve Bratton of Braking the Cycle has requested the use of Village Streets for a bicycle ride to benefit Housing Works, a major AIDS service organization based in New York City; and WHEREAS, riders will briefly pass on Westchester and Bowman Avenue on Sunday, September 30, 2012 between 9:15am to 12:15pm. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook Village Board herby approves the use of street request for Braking the Cycle bicycle ride on Sunday, September 30, 2012. This event has taken place in prior years. Mayor Feinstein called for questions or comments. There being none, she called for a motion. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Davie M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 12, 2012 Page 11 of 21 4) CONSIDERING AUTHORIZATION OF A CONTRACT OF SALE FOR THE PURCHASE OF PROPERTY LOCATED AT 37 GARIBALDI PLACE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AUTHORIZATION OF A CONTRACT OF SALE FOR THE PURCHASE OF PROPERTY LOCATED AT 37 GARIBALDI PLACE WHEREAS, the Village desires to acquire property located at 37 Garibaldi Place for the purpose of demolishing the existing residential structure and installing site improvements to create a Village parking area to serve Garibaldi Park and the AJP Community Center. 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; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign any and all documents related to, and for the specific purpose of purchasing the property located at 37 Garibaldi Place; and BE IT FURTHER RESOLVED, that the form and sufficiency of such documents shall be subject to review and approval by the Village Attorney. It was noted that this property abuts the parking lot for the Posillipo Center located at the corner of Ridge Street and Garibaldi Place. Purchasing this property would allow the Village to do some drainage work that is needed, as well as expand the parking area. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Board of Trustees Meeting June 12, 2012 Page 12 of 21 Trustee Davie M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING AUTHORIZING THE ISSUANCE OF $375,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF APPROXIMATELY 0.10 ACRES OF LAND AND AN EXISTING RESIDENCE AT THEREON AT 37 GARIBALDI PLACE IN THE VILLAGE, THE DEMOLITION THEREOF, AND RELATED SITE RESTORATION WORK Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AUTHORIZING THE ISSUANCE OF $375,000 BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF APPROXIMATELY 0.10 ACRES OF LAND AND AN EXISTING RESIDENCE AT THEREON AT 37 GARIBALDI PLACE IN THE VILLAGE, THE DEMOLITION THEREOF,AND RELATED SITE RESTORATION WORK 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 approximately 0.10 acres of land and an existing residence at thereon at 37 Garibaldi Place in the Village, the demolition thereof and the paving thereof for use as a Village parking area, including incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a class of objects or purposes, there are Board of Trustees Meeting June 129 2012 Page 13 of 21 hereby authorized to be issued $375,000 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 $375,000, and the plan for the financing thereof is by the issuance of the $375,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision ninety, as said class of objects or purposes consists of objects or purposes with periods of probable usefulness of at least ten years under one or more of subdivisions twenty or twenty-one of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined, however, that the maximum maturity of the bonds authorized will not 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 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 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 Board of Trustees Meeting June 129 2012 Page 14 of 21 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. 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) £(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. This resolution authorizes issuance of bond to purchase the property. The amount includes funds for the demolition on the site, drainage improvements, and installation of parking. This is a good opportunity for municipal purposes and for additional property. This bond puts in place the financing for the purchase. Board of Trustees Meeting June 12, 2012 Page 15 of 21 On a motion made by Trustee Marrow, and seconded by Trustee David Heiser, the resolution was adopted. The roll was called. Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING A BUDGET TRANSFER Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A BUDGET TRANSFER RESOLVED, that the following budget transfer is hereby approved: FROM TO AMOUNT General Fund Capital Projects Funds $375,000 On a motion made by Trustee Marrow, and seconded by Trustee David Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 12, 2012 Page 16 of 21 7) CONSIDERING A MODIFICATION TO THE 2012-2013 LICENSE AND PERMIT FEE SCHEDULE FOR RECREATION PROGRAMS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A MODIFICATION TO THE 2012-2013 LICENSE AND PERMIT FEE SCHEDULE FOR RECREATION PROGRAMS RESOLVED, that the following fee for adult fitness classes are hereby approved as follows: Yoga Latte $135 Yoga for Kids $135 Total Body Aerobics $135 Body Sculpting $135 Mr. Burke noted that Yoga Latte was a combination of Yoga and Pilates. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 8) CONSIDERING AN EXTENSION OF THE STREET TREE REMOVAL CONTRACT Mr. Bradbury read the following resolution: Board of Trustees Meeting June 12, 2012 Page 17 of 21 RESOLUTION CONSIDERING AN EXTENSION OF THE STREET TREE REMOVAL CONTRACT WHEREAS, on January 10, 2012 the Village Board of Trustees awarded a Street Tree Removal bid to Central Tree Services, Inc.; and WHEREAS, in the street tree removal bid it stated `the contract may be extended at the same unit prices and conditions upon mutual agreement and approval of the Board of Trustees for an additional fiscal year, term beginning June 1, 2012 ending May 31, 2013;' and WHEREAS, in a letter dated May 30, 2012 from Dan Greto, President of Central Tree Services he states his desire to extend the contract for the ensuing fiscal year at the same unit prices and conditions in the original contract; and WHEREAS, the Superintendent of Public Works believes it is in the best interest of the Village to enter into this extension. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves the extension to the Street Tree Removal bid for the ensuing fiscal year, June 1, 2012 to May 31, 2013, at the same unit prices and conditions of the original contract to Central Tree Services, Inc. Mr. Bradbury noted that Central Tree has represented Village for many years. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 12, 2012 Page 18 of 21 9) CONSIDERING SUPPORT OF PROPOSED STATE LEGISLATION S.06761 REGARDING THE DEFINITION OF CONSOLIDATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING SUPPORT OF PROPOSED STATE LEGISLATION S.06761 REGARDING THE DEFINITION OF CONSOLIDATION WHEREAS, the New N.Y. Government Reorganization and Citizen Empowerment Act (Chapter 74 of the Laws of 2009) went into effect of March 21, 2010 and provides the legal framework for consolidating towns, villages and districts, as well as dissolving villages and districts; and WHEREAS, bill number 5.06761 was submitted to the NYS Senate that would modify the definition of "consolidation" in regards to dissolution of local government in Chapter 74 of the Laws of 2009; and WHEREAS, the definition modification has potential funding implications for municipalities that become coterminous town-villages in the future. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby supports the proposed legislation (5.06761) to modify the definition of "consolidation" in regards to the dissolution of local governments. Mayor Feinstein noted that there is a dissolution study being done. Becoming a coterminous town is not considered a consolidation and there are potential economic advantages offered by the State for consolidation. There are tax credits that are offered to municipalities that consolidate. The state would provide a significant amount of money, and half of this aid goes directly toward tax relief. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Board of Trustees Meeting June 12, 2012 Page 19 of 21 Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 10)CONSIDERING THE APPROVAL OF MINUTES: MAY 8, 2012; MAY 22, 2012 Trustee Rosenberg noted that he was not at the May 22"d meeting. Mayor Feinstein suggested that the vote on the minutes be called separately. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the May 8, 2012 summary was approved. Mr. Burke called the roll: Trustee David M. Heiser Abstained Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the May 22, 2012 summary was approved. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Abstained Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 12, 2012 Page 20 of 21 ADMINISTRATOR'S REPORT Mr. Bradbury addressed a few items. He noted that this Saturday, June 16th, is Rye Brook's Birthday Celebration at Crawford Park. There were a few changes made to the food portion of the festivities. Everyone is invited. The Farmers' Market will be held at St. Paul's Church on June 22nd. This market will be run by the Church, but the Village is keeping track. Feedback is helpful, and everyone is invited. Mr. Bradbury reminded residents that the first installment of Village taxes is due June 30th. Mayor Feinstein noted that Grievance Day is June 19th and can be done through the Town of Rye. Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for June 26, 2012 and July 10, 2012. There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned at 10:10 p.m. Mr. Burke called the roll: Trustee Davie M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 12, 2012 Page 21 of 21