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HomeMy WebLinkAbout2005-03-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 22, 2005-7:30 P.M AGENDA EXECUTIVE SESSION 7:15 P.M.: Personnel and Negotiations ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a local law to add Chapter 179 and amend Chapters 250, 209, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board of the Village of Rye Brook. RESOLUTIONS: 1) Adopting a local law to add Chapter 179 and amend Chapters 250, 209, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board of the Village of Rye Brook. 2) Resolution regarding the adoption of local adjustments for Homestead and Non- Homestead Base Proportions. 3) Setting a Public Hearing on the application of Tennessee Gas Pipe Line for site plan approval to install a building on Brookside Way. 4) Referring an application by Verizon Wireless for a special use permit and site plan review to construct a wireless telecommunication facility at 900 King Street Rye Brook, NY Section 129, Sub-Section 68, Block 1, Lot 13. 5) Retaining KW Furey Engineering, P.C., to perform engineering related services for a street lighting replacement program. 6) Setting a Public Hearing date for the 2005-2006 Budget. Board of Trustees March 22,2005 Page 1 7) Authorizing the issuance of$126,000 serial bonds of the Village of Rye Brook to pay the cost of the acquisition of a new dump truck and new plow attachments for use by various Village vehicles. 8) Approving use of Village streets for 21st annual Westchester Triathlon. 9) Authorizing use of Village streets for Parks and Recreation parade for the opening of the little league and softball programs. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM • Discussion of traffic regulations on Highview, Westview, Dixon and Roanoke ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS:April 11, 2005 and April 25, 2005 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees March 22,2005 Page 2 CONVENE: Mayor Rand called the meeting to order at 7:30 p.m. The meeting began with the Pledge of Allegiance led by Trustee Robert Harris. PUBLIC HEARINGS: 1) CONSIDERATION OF A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 250, 209, 219 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Bradbury noted that a revised local law was before the Board. In summary it would allow the Planning Board approval authority for wetlands, steep slope, site plans under four acres, and smaller subdivisions of five lots or less. The Village Board would retain approval authority for applications within a PUD, subdivisions of six lots or more and/or four acres, special permits, site plans of four or more acres, or applications in connection with a commercial property. Mayor Rand declared the public hearing open, and turned to Trustee Joan Feinstein, who had reviewed this proposed local law with Edward Beane, Esq., Village Attorney. It was noted that a lot of hard work went into the preparation of this local law. Trustee Feinstein began by noting that no member of the Planning Board was in attendance at the meeting because they were attending the first of their required seminars at Pace Law School. These educational seminars/classes will be part of their requirements of being a member of the Planning Board when granted approval authority. Trustee Feinstein noted that the Vision Plan Implementation Task Force made certain recommendations to the Planning Board. The Planning Board made a determination to request complete authority over subdivisions and site plan review. This matter has been discussed at public hearings, and the members of the Planning Board were in attendance. A dialogue regarding what authority should be given to the Planning Board. A concern was raised by the Village Board regarding subdivisions that could change the character of the community. There are lots of varying sizes in the Village, and so the wording was changed from the amount of lots in a subdivision to the size of the subdivision. In addition, the Board of Trustees March 22,2005 Page 3 Board of Trustees should have the authority to retain oversight over commercial development. The largest change made to the draft were the result of the changes made to the Village's Local Law in December, and that is that the Planning Board would be required to have two meetings per months. Mayor Rand noted that the issue of one or two meetings per month for the Planning Board is not a new issue. This matter has been discussed with the Task Force for many months. The Planning Board has the right, by majority vote, to cancel the second meeting of the month, the same way that the Board of Trustees has the right to cancel its second meeting. The Planning Board members need to know that they would have two meetings a month when considering making the commitment of joining this Board. The terms for this Board will be staggered and some members will have a term of five years in order to keep continuity in terms of the knowledge base. It would be unfair to a resident if they miss a meeting to have to wait two or three months to be placed back on the agenda. With two meetings a month this would mean that the resident would have the opportunity to get on the agenda much quicker. Trustee Feinstein and Mr. Beane noted that any matter currently pending before the Planning Board is grandfathered, and must go through the process. An exception could be something that was just referred for the first time to the Planning Board. Mayor Rand called for comments from members of the public. There being no comments, he called for a motion to close the public hearing. On a motion made by Trustee Richard Buzin, and seconded by Trustee Robert Harris, the public hearing was closed. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the first resolution on the agenda: Board of Trustees March 22,2005 Page 4 RESOLUTIONS: 1) ADOPTING A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 250, 209, 219 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. RESOLUTION ADOPTING A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 64, 250, 209, 213, 219 AND 245 OF THE VILLAGE CODE REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees is considering adding chapter 179 and amending chapters 64, 250, 209, 213, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board with respect to certain land use applications; and WHEREAS, the Board of Trustees declares itself Lead Agency for the review of the proposed local law in accordance with the New York State Environmental Quality Review Act; and WHEREAS, the adoption of the proposed local law is an unlisted action pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617; and WHEREAS, the Board of Trustees has received a report from the Vision Plan Implementation Task Force which made certain recommendations regarding the delegation of approval authority to the Planning Board which said recommendations were incorporated into a revised draft of the proposed local law; and WHEREAS, on October 12, 2004, the Board of Trustees referred the proposed local law to the Village Planning Board for review and recommendation; and WHEREAS, the Planning Board discussed the proposed local law and made changes to such proposed law at its meetings held on November 18, 2004, December 9, 2004 and January 13, 2005; and Board of Trustees March 22,2005 Page 5 WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on February 8, 2005, March 8, 2005 and March 22, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on March 22, 2005; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests of the Village to adopt such local law with modifications. NOW, THEREFORE, BE IT RESOLVED, that the Village 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 that was prepared for this local law, hereby adopts a Negative Declaration since the local law is intended to clarify and improve the land use review process will not have a significant adverse impact upon the environment; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the proposed local law attached hereto adding chapter 179 and amending chapters 64, 250, 209, 213, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board. On a motion made by Trustee Harris, and seconded by Trustee Buzin, the resolution was adopted. Trustee Feinstein requested several language changes to the resolution. She thanked the Task Force and the Planning Board for their hard work on this proposed local law. It may have to be tweaked as things move forward, but the Village is very proud of this change. Trustee Buzin also thanked everyone for their hard work. This change was a long time coming. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE Board of Trustees March 22,2005 Page 6 Mayor Rand thanked Trustee Santon, who has recently relocated to England, for his work as Liaison to the Planning Board. He noted that he did an outstanding job. This is a major step in the right direction for the Village, and the Planning Board is very excited about this change. Mayor Rand also noted that members would be appointed to various commissions in the next few weeks. Richard Lubkin, Chairman of the Task Force, and former Chairman of the Planning Board, addressed the Board. He noted that he was very pleased and proud of what has been accomplished. The power that has been given up by the Board of Trustees has been given up for the greater good of the Corninunity. He commended the Board of Trustees, and Mayor Rand, for their outlook, and he encouraged them to keep thinking along these lines. The Vision Plan is a document that was created by a great deal of hard work, and it should be continue to be used for the betterment of Rye Brook. The day-to-day government issues are best handled by staff. Setting policy, and establishing better ways to better serve the community, should be the goal of the elected officials. The Vision Plan should be referred to and augmented. Mayor Rand called for the next resolution on the agenda: 2) RESOLUTION REGARDING THE ADOPTION OF LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS. Mr. Bradbury read the resolution. RESOLUTION RESOLUTION REGARDING THE ADOPTION OF LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS. WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law #2-2005 relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law regarding Homestead base proportions; and Board of Trustees March 22,2005 Page 7 WHEREAS, the Town of Rye Assessor has prepared Homestead and Non- Homestead base proportions for the Village of Rye Brook; and WHEREAS, the Board of Trustees of the Villages of Rye Brook wishes to adopt such base proportions, that will be used to establish a Homestead tax rate and a Non-Homestead tax rate. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2005-06 tax levy, homestead base proportions of 72.0217% for Homestead properties and 27.9783% for Non- Homestead properties; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that the Town Assessor is authorized and directed to make any filings on behalf of Rye Brook, and to take any additional actions necessary to implement the purposes of this resolution. Mr. Bradbury noted that Homestead is essentially for residential properties; one, two and three family properties. Not Homestead is for commercial properties. What this does is establishes the percentage of residential versus non-commercial — it sets the value for the Village. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE 3) SETTING A PUBLIC HEARING ON THE APPLICATION OF TENNESSEE GAS PIPE LINE FOR SITE PLAN APPROVAL TO INSTALL A BUILDING ON BROOKSIDE WAY. Board of Trustees March 22,2005 Page 8 RESOLUTION SETTING A PUBLIC HEARING ON THE APPLICATION OF TENNESSE GAS PIPE LINE FOR SITE PLAN APPROVAL TO INSTALL A BUILDING ON BROOKSIDE WAY WHEREAS, the Tennessee Gas Pipe Line has submitted an application for approval to install an eight (8) foot by ten (10) foot eight (8) inch building adjacent to its existing Rye Sales Meter Station located on Brookside Way Road in Rye, New York; and WHEREAS, the Board of Trustees exercises its discretion in Section 209-3 of the Code regarding site plan review and determines that this application need not be referred to the Planning Board for review and recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on April 25, 2005 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the application of Tennessee Gas Pipe Line for site plan approval. Mayor Rand noted that the applicant was in attendance and was prepared to answer any questions. Mr. Jim Hartman of the Tennessee Gas Company addressed the Board. He noted that this building would be a shed to house equipment used for the measurement of gas quality. There is a similar facility on King Street. Mayor Rand asked if Tennessee Gas would consider landscaping around the shed. Mr. Hartman noted these sheds must be kept visible. Trustee Harris questioned why this location was chosen. Mr. Hartman noted that the building on Lincoln Avenue is the sales meter station. That is where the gas is sold to Con Edison. It is at that point that the gas quality needs to be checked. This equipment cannot be store inside the building because of the potentially combustible atmosphere in the building. On a motion made by Trustee Buzin, and seconded by Trustee Harris, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE Board of Trustees March 22,2005 Page 9 4) REFERRING AN APPLICATION BY VERIZON WIRELESS FOR A SPECIAL USE PERMIT AND SITE PLAN REVIEW TO CONSTRUCT A WIRELESS TELECOMMUNICATION FACILITY AT 900 KING STREET RYE BROOK, NY SECTION 129, SUB-SECTION 68, BLOCK 1, LOT 13. RESOLUTION REFERRING AN APPLICATION BY VERIZON WIRELESS FOR A SPECIAL USE PERMIT AND SITE PLAN REVIEW TO CONSTRUCT A WIRELESS TELECOMMUNICATION FACILITY AT 900 KING STREET RYE BROOK, NY SECTION 129, SUB-SECTION 68, BLOCK 1, LOT 13 WHEREAS, Cellco Partnership and New York SMSA Limited Partnership d/b/a Verizon Wireless ("Verizon Wireless") has submitted an application to the Village of Rye Brook for a special use permit and site plan approval to construct a wireless telecommunications facility consisting of a one hundred and two foot tall (102') monopole with capacity for co-location of other wireless carriers and twelve by forty (12' x 40') foot equipment shelter at the pole base at 900 King Street, Rye Brook New York; be it RESOLVED, that the Village of Rye Brook Board of Trustees declares itself Lead Agency for the project; and BE IT FURTHER RESOLVED, that the subject application is referred to the Village Planning Board, the Technology and Communications Committee and the Advisory Council on Environmental Conservation for a report and recommendation; and BE IT FURTHER RESOLVED, that the law firm of Sive, Paget and Riesel is hereby authorized to act as special counsel, and the firm of Lawler, Mutusky and Skelly Engineers LLP is hereby authorized to perform engineering services, for the review of this application; and BE IT FURTHER RESOLVED, that the Applicant shall deposit Fifteen thousand dollars ($15,000) into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the cost of review of this application. Board of Trustees March 22,2005 Page 10 On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE 5) RETAINING KW FUREY ENGINEERING, P.C., TO PERFORM ENGINEERING RELATED SERVICES FOR A STREET LIGHTING REPLACEMENT PROGRAM. RESOLUTION RETAINING KW FUREY ENGINEERING, P.C., TO PERFORM ENGINEERING RELATED SERVICES FOR A STREET LIGHTING REPLACEMENT PROGRAM WHEREAS, the Village of Rye Brook desires to update its Street lighting System and has included sufficient funding in its 2004-2005 Capital Budget for this program; and WHEREAS, KW Furey Engineering, P.C. submitted to the Village Engineer a Design Proposal dated April, 2004 to perform engineering related services for the Village of Rye Brook street lighting system upgrading including but not limited to the survey of existing system and development of a replacement schedule, preparation of design and bidding documents, construction phase services, and final project closeout including coordination of new lighting schedule with Con Edison and the New York Power Authority; and WHEREAS, the Village Engineer recommends to the Village Board of Trustees the engineering firm of KW Furey, Engineering P.C., which firm has received positive recommendations for its services performed in neighboring municipalities. NOW, THEREFORE, BE IT RESOLVED, that the firm KW Furey, Engineering P.C., is hereby retained to perform engineering related services for Board of Trustees March 22,2005 Page 11 the Village of Rye Brook street lighting system upgrade for the total design project fee not to exceed $29,620; and AND BE IT FUTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Victor Carosi, Village Engineer, addressed the Board in order to summarize this program. He noted that this is a program that has successfully been carried out in Port Chester. Right now Rye Brook has street lights out, some lights are under lit, and some lights are over lit. When the repair crews go out they find that with the number of different street light types they don't have the right part or light bulb. This is because there is a street lighting network in Rye Brook from incandescent light bulbs to newer ones. This problem adds time to the repairs. Some of the fixtures must actually be taken down and rebuilt. The Village's lighting consultant and lighting contractor have reviewed this matter. This company provides full lighting services to the Village of Mamaroneck. They have achieved a uniform lighting, a cost savings on a long-term basis, and reduction of maintenance costs and the frequency of lights being out. Rye Brook will now modify the type of streetlights. The newer lighting fixtures have different optics that take the light and focus it in a pattern onto the ground. These new lights will improve the streetscape of the Village. At this time the consultant will do a hand count of every type of light in the Village. He will then provide a contract for lighting changes — including the addition or removal of current lights. The Village should expect to see a savings in electricity based upon a more efficient light system being put in place throughout the community. The survey should be completed within the next two months. The next step would be to put the survey out to bid and the work should be done in the summer and completed by the fall. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE Board of Trustees March 22,2005 Page 12 6) SETTING A PUBLIC HEARING DATE FOR THE 2005-2006 BUDGET. RESOLUTION SETTING PUBLIC HEARING DATE FOR 2005-2006 TENTATIVE BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 12, 2005 at 7:30 p.m. at the Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2005-2006 Tentative Budget for the Village of Rye Brook. Mayor Rand noted that between now and April 12th there would be two public work sessions. In addition, the tentative budget can be viewed on the Village's website. A lot of work needs to be done to keep the tax rate increase as low as possible. The Village welcomes resident participation. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE 7) AUTHORIZING THE ISSUANCE OF $126,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO PAY THE COST OF THE ACQUISITION OF A NEW DUMP TRUCK AND NEW PLOW ATTACHMENTS FOR USE BY VARIOUS VILLAGE VEHICLES. Mr. Bradbury read the resolution: Board of Trustees March 22,2005 Page 13 RESOLUTION A RESOLUTION AUTHORIZING THE ISSUANCE OF $126,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY,NEW YORK, TO PAY THE COST OF THE ACQUISITION OF A NEW DUMP TRUCK AND NEW PLOW ATTACHMENTS FOR USE BY VARIOUS TOWN VEHICLES, IN AND FOR SAID VILLAGE WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital 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 the specific objects or purposes of paying the cost of(a) the acquisition of a new dump truck, at a maximum estimated cost of$90,000, and (b) the acquisition of new plow attachments for use by various Village vehicles, at a maximum estimated cost of $36,000, in and for the Village of Rye Brook, Westchester County, New York, including, in each case, incidental expenses in connection therewith, there are hereby authorized to be issued an aggregate $126,000 serial bonds of said Village pursuant to the provisions of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes is hereby determined to be $126,000, and the plan for the financing thereof is by the issuance of the $126,000 serial 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 specific objects or purposes set forth in Sections 1(a) and (b) above is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized is limited to 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 serial bonds herein authorized, including renewals of such Board of Trustees March 22,2005 Page 14 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 for 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 bonds 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 or she shall deem best for the interests of said Village; provided, however, that in the exercise of these delegated powers, he or she 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 acquaintance 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 the 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 serial bonds any charges for mailing, shipping and insuring Board of Trustees March 22,2005 Page 15 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) f1) 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 full 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. Mr. Bradbury noted that this resolution authorizes a Serial Bond and the purchase of a dump truck at a maximum cost of$90,000, and the plow attachments at a cost of$36,000. This was allocated in the budget. Trustee Feinstein requested two changes to the resolution. Trustee Buzin questioned the amount of the interest rate. Mr. Bradbury stated that it was approximately 2.02%. Mayor Rand felt that it would be a little higher. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted, as amended. Board of Trustees March 22,2005 Page 16 TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE 8) APPROVING USE OF VILLAGE STREETS FOR 21sT ANNUAL WESTCHESTER TRIATHLON. RESOLUTION APPROVING USE OF VILLAGE STREETS FOR 21st ANNUAL WESTCHESTER TRIATHLON RESOLVED, that the Westchester Triathlon is authorized to use the Village of Rye Brook streets for the 21 st annual Westchester Triathlon on Sunday, September 25, 2005, requested in the letter dated February 28, 2005; 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. Mayor Rand noted that it was expected that approximately $80,000.00 would be raised for charity. On a motion made by Trustee Harris, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE Board of Trustees March 22,2005 Page 17 9) AUTHORIZING USE OF VILLAGE STREETS FOR PARKS AND RECREATION PARADE FOR THE OPENING OF THE LITTLE LEAGUE AND SOFTBALL PROGRAMS. RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR RYE BROOK PARKS AND RECREATION PARADE FOR THE OPENING OF THE LITTLE LEAGUE AND SOFTBALL PROGRAMS RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village Streets for the opening of the spring Little League Baseball and softball programs on April 9, 2005 at 12:30 pm along the route described in the email received from Robert Bertolacci, dated March 1, 2005; 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. Trustee Feinstein noted that a special guest would be at the April 9t1' — David Cone. Mayor Rand arranged for this guest, who will be throwing out the first pitch. On a motion made by Trustee Buzin, and seconded by Trustee Harris, the resolution was adopted. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE MAYOR RAND VOTING AYE Mayor Rand turned to Mr. Bradbury for the Administrator's Report. Board of Trustees March 22,2005 Page 18 ADMINISTRATOR'S REPORT: Mr. Bradbury noted a meeting was scheduled for the King Street Athletic Field meeting scheduled for March 24, 2005 at Village Hall. Copies of plans are available for viewing. The new Board of Trustees takes office on April 4th at Noon. The swearing in ceremony is scheduled for April 12, 2005. Mr. Bradbury noted that the Village offices were closed Good Friday. Mr. Bradbury noted that this is the season for potholes and curbing repairs. He asked residents to call the Village's Public Works Department to report areas that are need of repair. NEW BUSINESS: Mayor Rand noted that new appointments to various Boards and Commissions would be announced in April. There are still posts available, and anyone wishing to volunteer should contact the Village Administrator's office. Mayor Rand called for the one item under Discussions. DISCUSSION ITEM: • DISCUSSION OF TRAFFIC REGULATIONS ON HIGHVIEW, WESTVIEW, DIXON AND ROANOKE Mr. Carosi addressed the Board, noting that a recommendation came from the Traffic Commission and Village Staff. There has been a problem in this area regarding parking and circulation for a number of years in this area. There has been concern regarding emergency vehicle access. This matter was before the Traffic Committee a number of times, and was finally moved forward to the Staff. Mr. Bradbury noted that a local law would need to be drafted to address the problems in this area. The problems have been reviewed, and solutions are now being proposed. One area being looked into is the possibility of overcrowding. Board of Trustees March 22,2005 Page 19 The Traffic Commission recommended that a consultant be hired to come in a review this matter. The Village's staff has decided to address this problem internally. The Traffic Commission has recommended alternative side of the street parking. They have also asked the Village to consider one-way traffic into Westview and Roanoake. A dialogue needs to take place, and all residents are encouraged to participate. Safety is the most important issue. Some residents have expressed their concerns about changing the streets to one-way traffic as this would be a hardship. A work session has been scheduled for residents and members of the Traffic Commission, the Chief of Police, the Village's Engineer, and Staff. Mayor Rand called for anyone wishing to address the Board on any matter. Ken Heller of Lincoln Avenue addressed the Board. He congratulated Victor Carosi, Village Engineer, for work done to correct the problem on Lincoln Avenue. He hoped that this construction has created a permanent solution to the icing in the area. Mayor Rand noted that this was Trustee Harris' final meeting. Trustee Harris was thanked for his work as a Trustee, as well as his volunteer work on various Boards wand Committees, and especially for his work on the King Street Athletic Field Task Force, of which he will become a member. Trustee Harris was presented with a plaque for his years of dedication. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the Board meeting was adjourned at 8:55 p.m. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees March 22,2005 Page 20