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HomeMy WebLinkAbout1998-03-02 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES SPECIAL MEETING VILLAGE HALL, 938 KING STREET MONDAY, MARCH 2, 1998 -- 6 P.M. PLEDGE OF ALLEGIANCE ACTION: RESOLUTIONS: 1. AUTHORIZING THE ISSUANCE OF$165,000 IN SERIAL BONDS FOR THE ACQUISITION OF TWO (2)35,000 GVW DUMP TRUCKS WITH FLOW-N-DUMP BODIES AND PLOW. 2. AUTHORIZING THE ISSUANCE OF$91,500 IN SERIAL BONDS FOR THE ACQUISITION OF A SEWER TRUCK WITH HIGH PRESSURE WATER JET SYSTEM. 3. AUTHORIZING THE ISSUANCE OF$150,000 IN SERIAL BONDS FOR THE COST OF RESURFACING ROADS AND SIDEWALKS. 4. AUTHORIZING THE ISSUANCE OF$20,340 IN SERIAL BONDS FOR THE ACQUISITION OF A 25 C.Y. LEAF LOADER. 5. AUTHORIZING THE ISSUANCE OF $115,000 IN SERIAL BONDS FOR THE CONSTRUCTION OF A MAINTENANCE, RECREATIONAL AND APPARATUS STORAGE BUILDING. 6. AUTHORIZING THE ISSUANCE OF$160,000 IN SERIAL BONDS FOR THE COST OF SETTLED CERTIORARI CLAIMS FROM ROYAL EXECUTIVE PARK PHASE I, H AND HI. 7. REFERRAL TO THE PLANNING BOARD OF AN APPLICATION TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN IN ORDER TO RE-DEVELOP THE FIRST UNION NAT. BANK IN WASHINGTON PARK SHOPPING CENTER ON RIDGE STREET. NEXT MEETING DATES: BOARD OF TRUSTEES MEETING MARCH 10, 1998 BOARD OF TRUSTEES MEETING MARCH 24, 1998 MINUTES OF A SPECIAL MEETING 0 0 6 G J(� VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET RYE BROOK, NEW YORK MARCH 2, 1998 6:00 p.m. CONVENE MEETING The Meeting was called to order at 6:00 p.m. by Mayor Cresenzi in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Salvatore M. Cresenzi Trustee Joseph Pellino Trustee Eugene R. Strum Trustee Nancy Stein Tunis Trustee Gary J. Zuckerman Village staff attending the meeting were: Village Administrator Christopher J. Russo Assistant to the Administrator Richard C. Slingerland The meeting was called to order and the Trustees immediately proceeded to the orders of business. 1. AUTHORIZING THE ISSUANCE OF$165,000 IN SERIAL BONDS FOR THE ACQUISITION OF TWO (2) 35,000 GVW DUMP TRUCKS WITH FLOW-N-DUMP BODIES AND PLOW. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED MARCH 2, 1998 AUTHORIZING THE ISSUANCE OF$165,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF TWO 35,000 GVW DUMP TRUCKS PURSUANT TO THE LOCAL FINANCE LAW BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of$165,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to as "purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1998: March 2, 1998 U 0 6 6 J 1. the acquisition of two 35,000 GVW dump trucks with flow and dump bodies and 11 foot plows. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $165,000 and that it plans to finance such cost by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines: (a) That the purpose for which said bonds are to be issued is set forth in subdivision 28 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is fifteen (15) years; (b)No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 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 (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York, TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE March 2 1998 006652 TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 2. AUTHORIZING THE ISSUANCE OF$91,500 IN SERIAL BONDS FOR THE ACQUISITION OF A SEWER TRUCK WITH HIGH PRESSURE WATER JET SYSTEM. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED MARCH 2, 1998 AUTHORIZING THE ISSUANCE OF$91,500 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A SEWER TRUCK PURSUANT TO THE LOCAL FINANCE LAW BE IT RESOLVED,by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of$91,500 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. I Section 2. The specific object or purpose(hereinafter referred to as "purpose")to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1998: the acquisition of a sewer truck for use as a sanitary sewer cleaner with high pressure water jet system, water tank and pump. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $91,500 and that it plans to finance such cost by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines: (a) That the purpose for which said bonds are to be issued is set forth in subdivision 28 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is fifteen (15) years; (b)No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terns and contents of this resolution and the Local Finance Law and March 2, 1998 0 0 6 0)5 13 pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 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(20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 3. AUTHORIZING THE ISSUANCE OF $150,000 IN SERIAL BONDS FOR THE COST OF RESURFACING ROADS AND SIDEWALKS. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED MARCH 2, 1998 AUTHORIZING THE ISSUANCE OF$150,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE COST OF RESURFACING ROADS IN THE VILLAGE PURSUANT TO THE LOCAL FINANCE LAW March 2, 1998 00 GG 54 BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of$150,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to as"purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1998: the resurfacing of roads in the Village of Rye Brook with flexible pavement bituminous wearing surface, whether or not including sidewalks, curbs, gutters, drainage, landscaping, grading or improving the rights of way. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $150,000 and that it plans to finance such cost by the issuance of Serial Bonds authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines: (a) That the purpose for which said bonds are to be issued is set forth in subdivision 20 of paragraph (a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is fifteen (15)years; (b)No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed by Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or any anticipation notes issued in anticipation of the sale of said Serial March 2, 1998 0 0 6 fa J 5) Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 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(20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 4. AUTHORIZING THE ISSUANCE OF $20,340 IN SERIAL BONDS FOR THE ACQUISITION OF A 25 C.Y. LEAF LOADER. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED MARCH 2, 1998 AUTHORIZING THE ISSUANCE OF $20,340 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE ACQUISITION OF A 25 CY LEAF LOADER PURSUANT TO THE LOCAL FINANCE LAW BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the aggregate principal amount of$20,340 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to as"purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1998: the acquisition of a 25 cubic yard leaf loader with a vacuum type system. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $20,340 and that it plans to finance such cost by the issuance of Serial Bands authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. March 2, 1998 006656 Section 4. The Board of Trustees hereby determines: (a) That the purpose for which said bonds are to be issued is set forth in subdivision 28 of paragraph(a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is ten (10) years; (b)No part of the cost of the purpose authorized by this resolution has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terns and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any ,Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed in Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 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 (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 5. AUTHORIZING THE ISSUANCE OF$115,000 IN SERIAL BONDS FOR THE CONSTRUCTION OF A MAINTENANCE, RECREATIONAL AND APPARATUS STORAGE BUILDING. March 2 1998 006657 On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED MARCH 2, 1998 AMENDING A BOND RESOLUTION DATED MARCH 25, 1997 WHEREAS, on March 25, 1997, the Board of Trustees of the Village of Rye Brook, duly adopted a bond resolution authorizing the issuance of$115,000 serial bonds of the Village of Rye Brook to finance the cost of construction of a building for the storage of maintenance and recreation apparatus of the Village pursuant to the Local Finance Law; and WHEREAS, the Board of Trustees has now determined that the bonds to be issued pursuant to said resolution shall have a proposed maturity consistent with the useful life set forth in the Local Finance ,Law. NOW, THEREFORE, the Board of Trustees of the Village of Rye Brook resolves to amend said resolution dated March 25, 1997 in its entirety to read as follows: BOND RESOLUTION DATED MARCH 2, 1998 AUTHORIZING THE ISSUANCE OF $115,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE CONSTRUCTION OF A BUILDING FOR THE STORAGE OF MAINTENANCE AND RECREATION APPARATUS OF THE VILLAGE PURSUANT TO THE LOCAL FINANCE LAW OF NEW YORK BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the amount of$115,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to as"purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1998: the construction of a building for the storage of maintenance and recreation apparatus of the Village of Rye Brook. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $115,000 and that it plans to finance such cost by the issuance of Serial Bonds in the amount of$115,000 authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. March 2, 1998 Section 4. The Board of Trustees hereby determines: 006658 (a) That the purpose for which said bonds are to be issued is set forth in subdivision I 1 of paragraph(a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is fifteen (15) years; and (b)No part of the cost of the purpose authorized has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed in Section 81.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 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(20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 6. AUTHORIZING THE ISSUANCE OF$160,000 IN SERIAL BONDS FOR THE COST OF SETTLED CERTIORARI CLAIMS FROM ROYAL EXECUTIVE PARK PHASES I, II AND HI. March 2. 1998 006659 On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted: RESOLUTION BOND RESOLUTION DATED MARCH 2, 1998 AMENDING A BOND RESOLUTION DATED JULY 8, 1997 WHEREAS, on July 8, 1997, the Board of Trustees of the Village of Rye Brook, duly adopted a bond resolution authorizing the issuance of$160,000 serial bonds of the Village of Rye Brook to finance the cost of settled certiorari claims against the Village of Rye Brook for Royal Executive Park Phases 1, II and III for tax years 1995 and 1996; and WHEREAS, the Board of Trustees has now determined that the bonds to be issued pursuant to said resolution shall have a proposed maturity consistent with the useful life set forth in the Local Finance Law. NOW, THEREFORE,the Board of Trustees of the Village of Rye Brook resolves to amend said resolution dated July 8, 1997 in its entirety to read as follows: BOND RESOLUTION DATED MARCH 2, 1998 AUTHORIZING THE ISSUANCE OF$160,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO FINANCE THE COST OF SETTLED CERTIORARI CLAIMS AGAINST THE VILLAGE OF RYE BROOK FOR ROYAL EXECUTIVE PARK PHASES I, H AND III FOR TAX YEARS 1995 AND 1996 BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, New York as follows: Section 1. The Village of Rye Brook shall issue its Serial Bonds in the amount of$160,000 pursuant to the Local Finance Law of New York in order to finance the specific object or purpose hereinafter described. Section 2. The specific object or purpose (hereinafter referred to as"purpose") to be financed by the issuance of such Serial Bonds includes and is limited to the following purpose to be undertaken or completed during or after the year 1997: the payment of the cost of settlement of certiorari claims by Royal Executive Park Phases I, II and III for tax years 1995 and 1996. Section 3. The Board of Trustees has determined and hereby states that the estimated maximum cost of such purpose is $160,000 and that it plans to finance such cost by the issuance of Serial Bonds in the amount of$160,000 authorized by this resolution, and except as hereinbefore stated, no monies have been authorized to be applied for the financing of such purpose. Section 4. The Board of Trustees hereby determines: March 2, 1998 006660 (a) That the purpose for which said bonds are to be issued is set forth in subdivision 33-a of paragraph(a) of Section 11.00 of said Local Finance Law and that the period of probable usefulness of said purpose is ten (10) years; and (b)No part of the cost of the purpose authorized has been or shall be specifically assessed on property specially benefitted thereby. Section 5. Subject to the terms and contents of this resolution and the Local Finance Law and pursuant to the provisions of Sections 30.00, 50.00 and 56.00 to 60.00 inclusive of said law, the power to authorize bond anticipation notes in anticipation of the issuance of Serial Bonds authorized by this resolution and the renewal of said notes, the power to sell and deliver said Serial Bonds and any bond anticipation notes issued in anticipation of the issuance of said bonds is hereby delegated to the Village Treasurer, the Chief Fiscal Officer of the Village. The Village Treasurer is hereby authorized to sign any Serial Bonds issued pursuant to this resolution and any bond anticipation notes issued in anticipation of the issuance of said Serial Bonds and the Village Clerk is hereby authorized to affix the corporate seal to any of said Serial Bonds or bond anticipation notes and to attest such seal. Such execution/attestation by the Village Treasurer and the Village Clerk may be by a facsimile signature provided that such bonds or bond anticipation notes are authenticated by the manual countersignature of a fiscal agent or a designated official of the Village. The authority to designate such fiscal agent or designated official is hereby delegated to the Village Treasurer. Section 6. When this resolution shall take effect in the manner provided by law, it shall be published in full by the Village Clerk together with a notice in substantially the form prescribed in Section 8 1.00 of said Local Finance Law and such publication shall be in the Daily Item, a newspaper having a general circulation in said Village, and published in the County of Westchester and State of New York. The validity of said Serial Bonds or of any anticipation notes issued in anticipation of the sale of said Serial Bonds may be contested only if such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 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 (20) days after the date of such publication, or if said obligations are authorized in violation of the provisions of the Constitution of the State of New York. Section 7. This resolution is subject to a permissive referendum in accordance with the provisions of Article 9 of the Village Law of the State of New York. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE 7. REFERRAL TO THE PLANNING BOARD OF AN APPLICATION TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN IN ORDER TO RE-DEVELOP THE FIRST UNION NAT. BANK IN WASHINGTON PARK SHOPPING CENTER ON RIDGE STREET. March 2. 1998 0 a 6 6 61. On the motion of Trustee Strum, seconded by Trustee Tunis, the following resolution was hereby adopted as amended: RESOLUTION REFERRING THE APPLICATION TO THE PLANNING BOARD TO AMEND THE EXISTING SPECIAL PERMIT AND SITE PLAN IN ORDER TO RE-DEVELOP THE FIRST UNION NATIONAL BANK IN WASHINGTON PARK SHOPPING CENTER ON RIDGE STREET. (SEC. 1, BL. 26, LOT 10.1) RESOLVED,that the application by the Washington Park Plaza Associates to amend the existing special permit and site plan with respect to the property located at Washington Park Shopping Center on South Ridge Street in Rye Brook (Section 1, Block 26, Lot 10.1) with regard to First Union National Bank is referred to the Planning Board for a report and recommendation; and it is FURTHER RESOLVED, that the applicant shall make a deposit into the professional fees/ environmental review fund in the sum of$1,500 and such additional sums as may be requested to defray the costs of review for this application. TRUSTEE STRUM VOTING AYE TRUSTEE TUNIS VOTING AYE TRUSTEE ZUCKERMAN VOTING AYE TRUSTEE PELLINO VOTING AYE MAYOR CRESENZI VOTING AYE Upon unanimous agreement of the Board of Trustees, the meeting was adjourned at 6:10 p.m. Respectfully submitted, Christopher 1. Rus o, Village Clerk