Loading...
HomeMy WebLinkAbout2018-01-09 - Board of Trustees Meeting Minutes MINUTES 0, Board of Trustees Meeting ``iu u. Village Hall, 938 King Street Tuesday, January 9, 2018 BOARD PRESENT: Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: Trustee Susan R. Epstein STAFF PRESENT: Christopher J. Bradbury, Village Administrator Greg Austin, Police Chief Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary 1 7:00 P.M. -EXECUTIVE SESSION: a) Fire Service Negotiations with Port Chester b) C) Discussion of settlement of litigation - Doral Arrowwood 2 7:30 P.M. -REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 REPORT/PRESENTATIONS: Page 1 of 23 Board of Trustees January 9, 2018 5 PUBLIC HEARINGS: a) Considering a Scoping Outline for a Draft Environmental Impact Statement Mr. Bradbury explained to the public that on December 18th the board made a positive declaration on the applicant's proposed development. Certain issues were raised regarding environmental impacts that the Board feels require further review. The draft scoping document was circulated and this is what defines what areas need to be studied over the next few months. It is also the time where anyone can comment on the document and express their concerns. Comments from the public - written comments are due by this Friday. After that- our consultants put together a final document for review which must be completed no later than February 16th. The applicant will than review the document and work on all the areas that need addressing. The applicant gave a brief overview of the proposed project describing it as an age restricted residential community- 55 and older. Mayor Rosenberg restated that he would have a hard time supporting a project that was 55 or older as he prefers the age be 62. The applicant responded that they heard the Board on that subject load and clear and while that was what was originally proposed, they want to follow through and analyze the project as proposed. He went through the DEIS scoping outline and what is included- tree survey- vegetation and wildlife - environmental issues - soil testing- visual - community character - demographic trends -property taxes - community facilities - state guidelines - solid waste and recycling - infrastructure - water supply- sanitary sewer- energy usage -traffic - air quality- noise - hazardous materials and construction. Trustee Rednick asked about the traffic studies and believes it would be more advantageous to follow past King Street past the high school to the intersection of Betsy Brown. Page 2 of 23 Board of Trustees January 9, 2018 On a motion made by Trustee Heiser and seconded by Trustee Klein, the Public Hearing was opened when Mrs. Frank called the roll: TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Mayor Rosenberg will take comments from the public now. He did advise that the Village has received many written comments from residents of the Arbors and is asking that those comments not be re-read tonight and that those speaking tonight not repeat what has already been discussed. All comments have been read and we are recording it. David Gelfarb, Attorney representing the Arbors. He is requesting the Board insist on the applicant providing alternatives plans that include less bulk, density and scale and pointed out that 16 units per acre is double the density of the Arbors. They would like to see fewer impacts on woodlands and wetlands. Zoning- wants 3/4 of a mile not 1/4 mile when studying impacts. Traffic and transportation - 269 units with staff and residents will mean greater traffic congestion. Noise level - applicant should use 45 decibels not 65. Phase 1 and Phase 2 studies - applicant should provide copies. Visual impact- viewpoints from numerous points and include cross sections. Arbor Drive - projects impact during construction and thereafter- demolition and construction will have a negative impact on Arbors residents - they should study alternatives which include less blasting and less tree removal. Dan Barnett- agrees with Mr. Gelfarb - this process has been very quick with less than a week to submit comments and asked for some additional time - maybe extend to end of day on Monday. Mrs. Timpone-Mohamed is concerned that she will not be ready for the 16th if they extend the timing. After brief discussion it was decided to extend for the weekend and if necessary they can supplement on the other end if additional comments come in that have issues not discussed. Page 3 of 23 Board of Trustees January 9, 2018 Mr. Barnett stated that the new complex will encompass most of the property and they would like an explanation as to why it is necessary to have this so big - he would like to see a plan that does away with the townhouses. Very concerned about the traffic - any problem on King street causes massive issues - to add more units than the Arbors has is going to be major. The traffic studies need to be thorough. He is concerned about runoff- they have a retention basin he would like them to look at for impacts as well. Harkness Park is used as a green space in their proposal - that property does not belong to them and asked how can they use it to satisfy their green space requirements. They need to use their own land. The disruption to school kids during construction- also concerned about blasting especially with the gas line running right through there. Finally-making sure there is a need for this - they will have these very large units that they can't sell or rent and that will lead to other problems down the line. Mr. Bradbury is concerned about extending the time for comments as we had distributed a publish date of this Friday. Mr. Beane suggested that we keep the original deadline but circulate any comments that come in. Cindy Ross - 226 Treetop -her concern is parking - not seeing any combination for parking that is reasonable. You have staff..residents....visitors - she doesn't see any additional parking available and fears the parking will end up on Arbor Drive. On the plus side she appreciates the signs that are put up for when the meetings are being held. Needs to be looked at for the community but also considerate of the neighbors. Marlene Folick- Ivy Hill Crescent- slight encroachment on wetland buffer- asked what that meant. Applicant responded that it was not the buffer that borders the Arbors. She believes that there are 2-3 workers per person on a rotating basis for assisted living - no public transportation here so they have to drive and parking is a problem. Ben Jaffe - 243 Treetop - asked about the comments they are sending in - how specific can they get. Mrs. Timpone-Mohamed explains it depends on the impacts - if you have specific parameters you want added to the document you need to submit them and we will decide if they need to be included. The Village reads all the comments - they get circulated and then a document is prepared and the final scoping document will be approved by the Board- so all comments get considered - so specific is good. Page 4 of 23 Board of Trustees January 9, 2018 Mr. Jaffe continued- in all meetings there is a lot of comparison to other developments in Harrison - similar in the general makeup but he would like to see some kind of study done with the other units that have been used as a comparison. He believes the site area and picking and choosing what we are comparing to is not as easy as apples to apples. Secondly- this is being pitched as a residential facility- but if you really dig down this is just as much a commercial facility as it is a residential. All of that requires staff- the commercial aspects of this facility will match what is there now if it was being fully occupied. Lastly- this is not just a request to change this site - this is a request to change a law within the town which have impacts on other areas in the Village - would like research done on that and the impacts any changes would be tailored to this particular site. Also discussed the emergency access - in terms of timing- if there is an emergency and we all need to get out - could be a problem- would like that studied as well. 142 'Brush Hollow - Angel- stay home mom - concerned for her children's safety but not only from traffic. During construction and after construction - there will be a lot of strangers on the site and she is worried about her kid's safety-big facility lots of workers and is concerned about the kids that walk to and from school. There being no further comments, on a motion made by Trustee Rednick and seconded by Trustee Heiser, the Public Hearing was closed when Mrs. Frank called the roll: For Against David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick(Moved By) x Paul Rosenberg x 4 0 Page 5 of 23 Board of Trustees January 9, 2018 b) Considering an amendment of the Village of Rye Brook Comprehensive Plan adding an R-35 Zoning District as a consideration for the Blind Brook Club property located at 980 Anderson Hill Road. On a motion made by Trustee Rednick and seconded by Trustee Klein, the Public Hearing was opened when Mrs. Frank called the roll: TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Trustee Rednick asked if we should add an R-30 zone at the same time. Mr. Bradbury believes it should be done separately. The R-35 zone has been discussed at multiple meetings and should be the only one added tonight. Mrs. Timpone-Mohamed agrees. There being no comments or questions, on a motion made by Trustee Heiser and seconded by Trustee Rednick, the Public Hearing was closed when Mrs. Frank called the roll: For Against David Heiser (Moved By) x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 4 0 C) Considering proposed Local Laws to establish and map an R-35 Zoning District at the Blind Brook Club property at 980 Anderson Hill Road. On a motion made by Trustee Heiser and seconded by Trustee Klein, the Public Hearing was opened when Mrs. Frank called the roll: TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Page 6 of 23 Board of Trustees January 9, 2018 Mr. Gioffre. Attorney representing the Blind Brook Club, asked to confirm that the proposed 20 percent is not off the top. Mr. Bradbury responded that was correct and benefits the club. Mr. Gioffre went on to point out that the local law states "at least 20 percent" and he takes exception to that. Mayor responded that should not be and agrees it needs to be changed - should be applicants decision not any Board. After a brief discussion, Trustee Heiser made a motion to change the language in the local law to state "20 percent of the total acreage to be subdivided shall be provided as public open space". Trustee Klein seconded TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Mr. Gioffre- read a statement which included that the Blind Brook Club is not proposing any redevelopment and is not for sale - the proposed R35 designation applies to only a single parcel - the Blind Brook Country Club. The development potential is being reduced by half-the draft reasons for the negative declaration identifies that the property has environmental assets and has wetland area and other sensitive environmental areas and because of that there is the potential for further reduced density. All of this coupled with the set aside is unjustified and extreme. He also addressed the clustering as a requirement- if you are going to mandate a clustering subdivision - why not leave it where it is at an R20 and suggests double dipping. The Village should offer flexibility and not a mandate. The Blind Brook Club encourages this Board to reconsider the R35 zone. Trustee Heiser- heard the arguments - in the unlikely event that the club disbands - what we would like as a village is R35 and cluster housing and in his opinion that is what we should ask for and propose. Mayor Rosenberg added that the Blind Brook Club has been a phenomenal neighbor through the years - we take it very seriously the relationship we have with them. They are a very large open space within the village. This proposed Local Law is trying to be proactive and in keeping with the master plan. Page 7 of 23 Board of Trustees January 9, 2018 On a motion made by Trustee Klein and seconded by Trustee Heiser, the Public Hearing was closed when Mrs. Frank called the roll: For Against David Heiser (Seconded By) x Jason Klein (Moved By) x Jeffrey Rednick x Paul Rosenberg x 4 0 6 RESOLUTIONS: a) Considering an amendment of the Village of Rye Brook Comprehensive Plan adding an R-35 Zoning District as a consideration for the Blind Brook Club property located at 980 Anderson Hill Road. Mr. Bradbury read the resolution: RESOLUTION ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE VILLAGE OF RYE BROOK WHEREAS, consistent with the recommendations set forth in the Village of Rye Brook's 2014 Comprehensive Plan, the Village of Rye Brook Board of Trustees desires to establish and map an R-35 Zoning District in the Village for the purpose of preserving one of the Village's most significant remaining open space assets while maintaining future development potential for such property; and WHEREAS,proposed local laws were introduced to amend Chapter 250 of the Code of the Village of Rye Brook to establish an R-35 Zoning District and to amend the Zoning Map to rezone the 161-acre property located at 980 Anderson Hill Road known as the Blind Brook Club from R-20 to the newly established R-35; and WHEREAS, on May 23, 2017 Board of Trustees, pursuant to the State Environmental Quality Review Act(SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA; and Page 8 of 23 Board of Trustees January 9, 2018 WHEREAS, on May 23, 2017 the Board of Trustees referred the proposed local laws to the Village Planning Board for report and recommendation and the Village Board is in receipt of the Planning Board's report dated November 9, 2017; and WHEREAS, after consideration of the recommendations of the Village Planning Board the Board of Trustees introduced a proposed amendment to the Village Comprehensive Plan to reference an R-35 District as an option for the rezoning of property located at 980 Anderson Hill Road; and WHEREAS, the Board of Trustees referred the local laws and Comprehensive Plan Amendment to the Westchester County Planning Board and is in receipt of its comments dated December 26, 2017 which found the action a matter for local determination; and WHEREAS, the Board of Trustees held a public hearing on the Comprehensive Plan Amendment and proposed local laws on January 9, 2018 at which time all those interested had an opportunity to be heard and the public hearing was closed on January 9, 2018; and WHEREAS, the Board of Trustees is fully familiar with the Comprehensive Plan Amendment and proposed local laws. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon a comprehensive review of the EAF and all other materials that were prepared for this action including studies and reports from the Village's Planning Consultant, the Board of Trustees of the Village of Rye Brook hereby determines that there will be no significant adverse environmental impacts resulting from the proposed amendment of the Comprehensive Plan, proposed establishment of the R-35 Zoning District and proposed rezoning of property at 980 Anderson Hill Road from R-20 to R-35, and adopts the annexed Negative Declaration. BE IT FURTHER RESOLVED that the Board of Trustees hereby adopts the annexed amendment of the Village of Rye Brook Comprehensive Plan adding an R-35 Zoning District as a consideration for the Blind Brook Club property located at 980 Anderson Hill Road. Page 9 of 23 Board of Trustees January 9, 2018 BE IT FURTHER RESOLVED, that the Board of Trustees hereby directs that a copy of the annexed amendment of the Village of Rye Brook Comprehensive Plan shall be filed in the office of the Village Clerk and in the office of the Westchester County Planning Department pursuant to Section 7-722 of the New York State Village Law. For Against David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick(Moved By) x Paul Rosenberg x 4 0 b) Considering proposed Local Laws to establish and map an R-35 Zoning District at the Blind Brook Club property at 980 Anderson Hill Road. Mr. Bradbury read the resolution: RESOLUTION ADOPTING LOCAL LAWS AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BOOK TO ESTABLISH AN R-35 ZONING DISTRICT AND AMENDING THE ZONING MAP OF THE VILLAGE OF RYE BROOK WHEREAS, consistent with the recommendations set forth in the Village of Rye Brook's 2014 Comprehensive Plan, the Village of Rye Brook Board of Trustees desires to establish and map an R-35 Zoning District in the Village for the purpose of preserving one of the Village's most significant remaining open space assets while maintaining future development potential for such property; and WHEREAS,proposed local laws were introduced to amend Chapter 250 of the Code of the Village of Rye Brook to establish an R-35 Zoning District and to amend the Zoning Map to rezone the 161-acre property located at 980 Anderson Hill Road known as the Blind Brook Club from R-20 to the newly established R-35; and Page 10 of 23 Board of Trustees January 9, 2018 WHEREAS, on May 23, 2017 Board of Trustees,pursuant to the State Environmental Quality Review Act(SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, on May 23, 2017 the Board of Trustees referred the proposed local laws to the Village Planning Board for report and recommendation and the Village Board is in receipt of the Planning Board's report dated November 9, 2017; and WHEREAS, after consideration of the recommendations of the Village Planning Board the Board of Trustees introduced a proposed amendment to the Village Comprehensive Plan to reference an R-35 District as an option for the rezoning of property located at 980 Anderson Hill Road; and WHEREAS, the Board of Trustees referred the local laws and Comprehensive Plan Amendment to the Westchester County Planning Board and is in receipt of its comments dated December 26, 2017 which found the action a matter for local determination; and WHEREAS, the Board of Trustees held a public hearing on the Comprehensive Plan Amendment and proposed local laws on January 9, 2018 at which time all those interested had an opportunity to be heard and the public hearing was closed on January 9, 2018; and WHEREAS, the Board of Trustees is fully familiar with the Comprehensive Plan Amendment and proposed local laws; and WHEREAS, on January 9, 2018 the Board of Trustees adopted a Negative Declaration pursuant to SEQRA and resolved to amend the Village Comprehensive Plan to add an R-35 Zoning District as a consideration for the Blind Brook Club property located at 980 Anderson Hill Road. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby adopts the proposed local laws to amend Chapter 250 of the Code of the Village of Rye Brook to establish an R-35 Zoning District and to amend the Zoning Map to rezone the 161-acre property located at 980 Anderson Hill Road(Parcel TD 129.58-1-1), known as the Blind Brook Club, from R-20 to the newly established R-35 Zoning District. Page 11 of 23 Board of Trustees January 9, 2018 For Against David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick(Moved By) x Paul Rosenberg x 4 0 C) Considering referring an application for amended PUD Subdivision approval submitted for property at 1100 King Street to the Rye Brook Planning Board and setting a public hearing. Mr. Bradbury read the resolution: RESOLUTION REFFERING AN APPLICATION FOR AMENDED PUD SUBDIVISION APPROVAL SUBMITTED FOR PROPERTY AT 1100 KING STREET (SUN HOMES/KINGFIELD) AND SETTING A PUBLIC HEARING WHEREAS, SC Rye Brook Partners LLC (the Property Owner), submitted an Application in connection with proposed amendments to the PUD Subdivision approved by the Board of Trustees on January 10, 2017 in connection with a residential development of 110 single-family dwelling units on property located at 1100 King Street, designated as Section 129.25, Block 1, Lot 1 on the Town of Rye Tax Map and located in the Planned Unit Development ("PUD") District; and WHEREAS, the Board of Trustees is the Approval Authority for this application and will serve in its continuing role as Lead Agency pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 250- 7.E(4)(b)(3)(a) of the Village Code, the Board of Trustees hereby refers the application to the Rye Brook Planning Board for Report and Recommendation. Page 12 of 23 Board of Trustees January 9, 2018 BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 23, 2018 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook,New York to consider the above- referenced application. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, 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 further directs that, pursuant to General Municipal Law §239-nn, notice of public hearing shall be sent to the Town/Village of Harrison for comment no less than 10 days prior to the public hearing. BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification for the public hearing. For Against David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick(Moved By) x Paul Rosenberg x 4 0 d) Considering approving a stipulation of agreement with the Rye Brook Police Association. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A STIPULATION OF AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND RYE BROOK POLICE ASSOCIATION, INC. Page 13 of 23 Board of Trustees January 9, 2018 WHEREAS, the Village of Rye Brook and Rye Brook Police Association, Inc. have been negotiating for a contract extension; and WHEREAS, a Stipulation of Agreement was agreed upon by the two parties. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook enters into an agreement with Rye Brook Police Association, Inc. for the period of June 1, 2018 through May 31, 2023, on the terms and conditions set forth in the Stipulation of Agreement signed by both parties on December 14, 2017 and revised on January 2, 2018, which has been ratified by the Rye Brook Police Association members and hereby approved on behalf of the Village of Rye Brook; and be it FURTHER RESOLVED that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Rosenberg pointed out that this is 5 year contract and how unusual it is that a Board has such a great relationship with their Police Department. Today is National Law Enforcement Day and this is fitting to approve this today- we appreciate everything that they do for us Mr. Bradbury agrees and is very respectful of the relationship. He briefly went over the stipulation with the Board. Trustee Heiser congratulated the Police Department on this and also thanked Mr. Bradbury for all his work in getting this put together. For Against David Heiser x Jason Klein (Moved By) x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 4 0 Page 14 of 23 Board of Trustees January 9, 2018 f) Considering amending a bond resolution authoring the issuance of$535,000 bonds to pay the cost of sanitary sewer facilities improvements. Mr. Bradbury went over the resolution with the Board: AMENDING BOND RESOLUTION DATED JANUARY 9, 2018. AN AMENDING BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $535,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF VILLAGE SANITARY SEWER FACILITIES IMPROVEMENTS, IN AND FOR SAID VILLAGE. WHEREAS, on December 18, 2017, the Village Board of Trustees of the Village of Rye Brook, Westchester County, New York, adopted a bond resolution entitled: A BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $535,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE RELINING OF VARIOUS VILLAGE SANITARY SEWERS, IN AND FOR SAID VILLAGE. WHEREAS, it has since been determined that the description of the class of objects to be financed in said bond resolution did not include certain proposed sewer facilities improvements desired to be financed, and the description of the aforesaid class of objects or purposes should be amended to include such omitted improvements; WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required, have been performed; and WHEREAS, it is now desired to authorize the financing of such purposes; NOW, THEREFOR, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County, New York, as follows: Section A. The title and Section 1 of the bond resolution adopted December 18, 2017, identified in the preambles hereto, shall be amended to read as follows: Page 15 of 23 Board of Trustees January 9, 2018 A BOND RESOLUTION AUTHORIZING THE ISSUANCE OF $535,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF VILLAGE SANITARY SEWER FACILITIES IMPROVEMENTS, IN AND FOR SAID VILLAGE. Section 1. For paying the cost of Village sanitary sewer facilities improvements, including various sanitary sewer inspection and relining or reconstruction, manhole improvements or reconstruction and including incidental expenses in connection therewith, a class of objects or purposes, there are hereby authorized to be issued $535,000 bonds of said Village pursuant to the Local Finance Law. Section B. This resolution takes effect immediately. The bond resolution adopted December 18, 2017 as amended hereby 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. For Against David Heiser (Moved By) x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 4 0 g) Considering a bond resolution authorizing the issuance of$1,535,000 for Tax Certiorari matters. Mr. Bradbury gave a summary of this long resolution prepared by bond counsel - this is a settlement of cases for two properties - Reckson and Doral Arrowwood - the financing includes the refund and soft costs. BOND RESOLUTION DATED JANUARY 9, 2018. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,535,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PAYMENT OF JUDGMENTS AND CLAIMS RESULTING FROM COURT ORDERS ON PROCEEDINGS BROUGHT PURSUANT TO ARTICLE SEVEN OF THE REAL PROPERTY TAX LAW BY DORAL CONFERENCE CENTER ASSOCIATES AND RECKSON OPERATING PARTNERSHIP, L.P., IN AND FOR SAID VILLAGE. Page 16 of 23 Board of Trustees January 9, 2018 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 object purpose of the payment of judgments, compromised claims or settled claims resulting from two court orders on proceedings brought pursuant to Article Seven of the Real Property Tax Law, one brought by Doral Conference Center Associates, with an estimated maximum cost of $530,000, and the other brought by Reckson Operating Partnership, L.P., with an estimated maximum cost of $1,005,000, including incidental expenses allocated thereto, and with such payments aggregating, in a single year, more than five percent of the portion of the Village tax levy to be levied for its municipal purposes in such year, there are hereby authorized to be issued $1,535,000 bonds of said Village pursuant to the Local Finance Law. Section 2. It is hereby determined that the estimated maximum cost of the aforesaid specific object or purpose is $1,535,000, and that the plan for the financing thereof shall be by the issuance of the $1,535,000 bonds authorized pursuant to this bond resolution Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision thirty-three-a of paragraph a of Section 11.00 of the Local Finance Law, as the aggregate amount of such judgements or claims to be paid in a single year is more than five percent of the portion of the Village tax levy to be levied for its municipal purposes for such year. It is hereby further determined that the maximum maturity of the bonds authorized may 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. Page 17 of 23 Board of Trustees January 9, 2018 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 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. The Village Treasurer may advance funds for any purpose for which such bonds are authorized, pursuant to Section 165.00 of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: Page 18 of 23 Board of Trustees January 9, 2018 (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 pursuant to Section 36.00 a. 4. of the Local Finance Law, 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. Mayor Rosenberg read a press release issued in regard to this: FOR IMMEDIATE RELEASE The Blind-Brook-Rye Union Free School District and the Village of Rye Brook announced their obligations to issue substantial tax refunds resulting from settlements of two tax certiorari proceedings. These tax refund settlements are the result of local businesses' challenges to the Town of Rye's real property tax assessments. The School District and the Village only recently became aware of the extent of their tax refund liabilities after being informed that the Town of Rye's independent appraisals of the properties demonstrated that these properties were significantly over-assessed. The first case was brought by owner Reckson Operating Partnership and challenged the Town's assessed values for the years 2011 through 2017. The assessment reductions agreed to under the terms of the settlement will result in School District tax refunds of approximately $3,117,104 and Village tax refunds of approximately $1,003,847. The second case was brought by owner Doral Conference Center and challenged the Town's assessed values for the years 2014 through 2017. The assessment reductions agreed to under the terms of the settlement will result in School District tax refunds of approximately $1,597,000 and Village tax refunds of approximately $526,809. Page 19 of 23 Board of Trustees January 9, 2018 Both the School District and the Village hope to spread out payments so as to have less of an impact on annual budgets and services. School District and Village tax bills for all properties are based on the taxable assessed values set by the Town each year. Although the School District and Village have no control over the assessments that are established by the Town, all taxing entities are liable to refund a portion of the taxes collected if those assessments are later determined to have been in excess of the appropriate assessed value for that property. Those refunds can be substantial where, as in these cases, there are significant assessment reductions involving multiple tax years. Mayor Rosenberg is personally infuriated that the Rye Town Assessor for years and years was so far off in her assessed values for these two properties. The Town of Rye is responsible for assessing the values within it and it is the villages that must repay taxes for the Town Assessors mistakes - the town has no skin in the game and that to him is infuriating and he is angry for letting this go so long and the assessment to be off so much. Entire Board is in agreement with Mayor Rosenberg. For Against David Heiser (Moved By) x Jason Klein (Seconded By) x Jeffrey Rednick x Paul Rosenberg x 4 0 Page 20 of 23 Board of Trustees January 9, 2018 h) Considering the rescheduling of the May 22, 2018 and September 11, 2018 meetings. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING RESCHEDULING THE May 22, 2018 and SEPTEMBER 11, 2018 VILLAGE BOARD MEETINGS to May 24, 2018 and SEPTEMBER 12, 2018 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby reschedules the meetings to be held on May 22, 2018 and September 11, 2018 to May 24, 2018 and September 12, 2018 at 7:30PM due to holiday scheduling. For Against David Heiser (Moved By) x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 4 0 i) Considering approving the minutes from the meeting held on December 18, 2017. Held over to January 23rd meeting Page 21 of 23 Board of Trustees January 9, 2018 7 ADMINISTRATOR'S REPORT: Bling Brook schools are providing a program regarding addictive substances and all are invited to attend. Great job to Highway and Parks - this last storm was a difficult storm- extremely cold - wind and drifts - they worked really hard and did a great job. Xmas trees being collected until at least January 15th Mike Nowak, Village Engineer is working with our Traffic Consultant at FP Clarke, Mike Galante on signal improvements at the intersection of Bowman Avenue and Ridge Street to help with the flow of traffic. It should be up and running by spring and possibly will help with the Ridge and Westchester Intersection as well. 8 OLD BUSINESS: 9 NEW BUSINESS: 10 DISCUSSION ITEM: George Latimer stopped in and addressed the Board. He addressed the Highway Garage temporary relocation issue advising that the County is willing to accommodate the need that the Village has but the FAA has specific rules about how the land can be used. He will keep Mr. Bradbury and the Board updated and will do their best to help us out. He gave the Board an update on policy. He has established an executive order that didn't exist before which is a good neighbor policy. Basically, any action taken by an executive branch entity in the County that is seen as having significant impact, must formally inform the community in a forum such as this. There would be a 60 day period before the policy could be put in place. The final process is a letter of support or opposition. The message to be delivered is we want to work cooperatively with the communities. Mayor Rosenberg and the Board thanked him for stopping in and for the update and congratulated him again on his election as County Executive. 11 UNFINISHED BUSINESS 12 ADJOURNMENT Page 22 of 23 Board of Trustees January 9, 2018 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE REGULAR TRUSTEES MEETING January 23, 2018 and February 13, 2018 Page 23 of 23