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HomeMy WebLinkAbout2004-02-24 - Board of Trustees Meeting Minutes REGULAR/SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,FEBRUARY 24,2004-7:30 P.M 6:45PM-EXECUTIVE SESSION-Personnel&Negotiations PUBLIC HEARINGS 1) Considering a subdivision application at 13 Beechwood Boulevard. 2) Considering Young Adult Institute's intent to establish a community residential facility for disabled persons at 62 Woodland Avenue in accordance with the Site Selection Law 3) Considering a Local Law to amend Chapter 212 of the Village Code concerning the sprinklering of existing commercial buildings. RESOLUTIONS 1) Considering a Local Law to amend Chapter 212 of the Village Code concerning the sprinklering of existing commercial buildings. 2) Referral to Planning Board and Advisory Council on Environmental Conservation on a Local Law to amend Chapter 250,Zoning, of the Code of the Village of Rye Brook regarding Conservation Easements. 3) Setting a Public Hearing date on a Local Law to amend the Village Street excavations law to regulate work performed within the public right of way. 4) Setting a Public Hearing date on attendance requirements for volunteer Boards, Committees and Commissions. 5) Considering approval of the 2004 Stop DWI Agreement between Westchester County and the Village of Rye Brook. 6) Ratifying the appointment of David Byrnes to the Emergency Medical Services Committee. 7) Declaring municipal equipment as surplus. 8) Approval of Meeting Minutes: March 11, 2003 BOT February 24,2004 Page 1 of 16 Mayor Filipowski welcomed everyone to the February 24, 2004 meeting of the Board of Trustees. The meeting was called to order at 7:40pm BOARD: Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF: Christopher Bradbury,Village Administrator Connie DiSalvo,Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Victor Carosi,Village Engineer Marilyn Timpone Mohamed,Village Planning Consultant Fred Siefert, Public Access Coordinator Robert Santoro, Police Chief Patti Conlon, Meeting Secretary PUBLIC HEARING: 1) Considering a subdivision application at 13 Beechwood Boulevard. Lisa Smith, Esq. the attorney for Grace Associates had additional return receipts for notification of the public hearing. Mr. Tom Ahneman, the engineer from J.A. Kirby,went over the subdivision application and the drainage and storm water plan. He declared that we are looking at a one half acre parcel that has no rock,no wetlands, no steep grade, in fact, it is very flat. It also has street access and utilities are available to it. The only dilemma is it is on Beechwood Rotary and it is downstream from Loch Lane. A drainage study was done by the village's consultant Dolph Rotfeld Engineering. The trash grates have to be cleaned out to keep the flooding at bay. Dolph Rotfeld says the corrugated metal pipe is sufficient to carry the different storm events through Beechwood Circle. It does cite that the stream and the lake behind the residents of Loch Lane are in distress during a large storm. He recommends a new culvert be constructed. SK-1 shows us the watershed that is affected by this development. The combination of three properties that are involved all drain to the proposed parcel. The total watershed is 1.469 acres of watershed that is being collected and being sent to the parcel and this is the water we are controlling. Trustee Harris stated that going from a six inch pipe to a four inch pipe you do not necessary reduce the flow because you increase the speed of the flow. Mr. Ahneman said that in the existing condition you have water going to elevations of 8895 and in the proposed plan we have water at 8837, so we actually have a reduction in elevation. We did a study and Dolph Rotfeld reviewed these computations. We have less rate of run off coming out of the four inch pipe than we do out of the six inch pipe. BOT February 24,2004 Page 2 of 16 Robert Howard of Grace Associates, owner of the property, told the Board that they have agreed to do evergreen screenings where it intersects with the Laufer property. Also the trash grates currently installed on the culvert opening to the corrugated metal pipe are old and we will put new trash grates on the head of the pipe and this will lessen the likelihood of clogging. The Mayor opened it to the public and reminded them of the three minute rule. Trustee Goodman asked her colleagues, on a voluntary basis, to also acknowledge the three to five minute rule so that everybody here can be heard. Trustee Santon said that the board does not have such a three minute rule for Trustees Trustee Goodman reiterated that it be voluntary for the board to observe this rule. Rebecca Oling, 2 Hillandale Road owns the property that has the trash grate on it. She discussed the comparison of the storms on August 20, 2001 and the storm on October 29, 2003. During the storm of August 20, 2001 we had 2.84 inches of rain that fell over a 24 hour period and this is considered a one year storm and the trash grate clogged up. In October 2003 the flooding had nothing to do with her trash grate or with leaves clogging the basin. Mrs. Oling spoke with Diane Miller of the Westchester County Soil and Water District. Ms. Miller explained to her that all trees are pumping systems. What they do is that they take water from the ground and they pump it out into the atmosphere. She is concerned about what will happen when these trees are removed from the proposed property. Diane Miller also told her that the pond and the brook are separate issues and that we need to fix the area and stop building. She does not think that the board should consider this application. The Board needs to take into account all the problems if this property is developed. The vision plan is not being considered here. Mr. Bill Laufer of 10 Loch Lane,has strong reservations pertaining to the subdivision. He believes the application has been flawed from the onset. The danger to the environment is one of the key concerns to the community and he wants the Board to act accordingly. The original approval of the planning board was based on what appears to be representations that never happened. Also the conditions for recommendations by the planning board have not been met. The planning board recommendations for approval were contingent on the drainage in the area be studied and corrected before any new construction in the area occurs. The study was done but the problems have not been corrected. And finally there are unresolved drainage issues that the board must deal with before they can even consider a vote. Most importantly the existing drainage issues cannot support a new subdivision and to date the problems have not been rectified. The land use issues are of great concern to him and his attorney, Mr. Steven Silverberg, is here to answer any questions about the easement he has on the Beechwood property. Evelyn Phillips of Loch Lane is very disturbed because while the pond on her property has alleviated some of her neighbor's problems on Loch Lane when they put in a culvert BOT February 24,2004 Page 3 of 16 pipe that leads into her pond. This was just the beginning of her problems. The general condition on Loch Lane needs to be fixed before any subdivision should take place. As far as the trees are concerned, she said she was promised by the Town that the trees would be tagged and not cut down,but they were all cut down. Adrienne Wesley of 26 Beechwood Blvd said the town is over developed and we need to preserve the green and open space. She noted that the schools can not keep up with the new housing. The video of the storm on 8/20/2000 was shown and had been submitted to the Board for review. Caryn Furst of 4 Hillandale Road spoke about the traffic hazards at Loch Lane and it being a blind corner. She also said that the lot size is less than desirable and completely out of character to the neighborhood. She wants the application rejected by the Board. Trustee Santon asked Mr. Ahneman to show us where the catch basin is located. On the topic of the easement he wanted to know if Mr. Ahneman would have designed this project differently if he had known that there was a storm water and sanitary sewer easement running through the footprint of the proposed new house. Mr. Ahneman said that there is no storm water and sanitary easement running through the property. Trustee Santon stated that that wasn't the question and just wanted his question answered. Mr. Ottoman could not answer his question because he believed Trustee Santon question is incorrect. Trustee Santon asked how is it incorrect? Mr. Ahneman answered that there is no easement running through the property. Trustee Santon told him that there is easement of record prepared in 1967 in connection with the transfer of the property from Altman to Olsen(Developers) and that it is in the public record. He wants to point out to the Board that the path of the pipes for the proposed Olsen property,which is now the Laufer property, is also shown in drawings that are in the building permit records for this property in the Building Department of the Village of Rye Brook. When the 1967 building permit was issued, the easement was granted by Altman who was the owner of the entire lot. Ms. Smith, the attorney for Grace Associates said that description of the easement does not refer to the property and even if it was a typographical error and it was meant to cover this particular property,the easement itself does not have a metes and bounds description that says where the easement must take place. It is Applicant's position that there is not an easement and even if there was, the easement does not have a metes and bounds description, it is a general easement to have drainage across the property. Trustee Santon wanted to clarify that after having reviewed the easement documents and plans for the permit issued in 1967, it shows the path of the pipes and the easement document. It also provides that Altman, the owner of 13 Beechwood,would have the ability to connect in to those easement lines for storm water management and the sewage. This is why on Mr. Ahneman's plans,he shows a junction box connecting the Laufer property with the pipe that heads in the direction of the 13 Beechwood house. The field conditions that Mr. Ahneman picks up in his drawings referencing the six inch pipe and BOT February 24,2004 Page 4 of 16 the junction box and a pipe going in two different directions that is essentially a V or a Y. Trustee Santon felt this corroborates the intent and the language in the easement document and that is the only reason he references it. Trustee Santon acknowledged that the Board has a long public record on this application. The Applicant is resuming the application that was last adjourned on July 23, 2002 in connection with the application of the former owner Peter Hoffinan. He pointed out that it was mentioned by the applicant that they have tree committee approval. He cited the March 12, 2002 Tree Committee minutes whereby it was stated that the Applicant needed to come back before the committee once the building plans have been completed. So in essence they do not have tree committee approval. Trustee Santon also referenced other land use issues. He prepared a memo to the Village Attorney (with copies to the Board) dated August 9, 2002. Monroe Mann, Esq. an attorney that represented many of the neighbors, sent a memo to the Board on July 10, 2001 during the public hearing process that made reference to Ceraso vs. Cuddy and referenced the restrictive covenants that Mr. Mann thought this subdivision would only lead to further unnecessary litigation. Prior litigation involving this property, Sellew vs. Altman, and the reason why the building permit issued in 1967 did not actually get under way for seven years was because there was litigation over whether this property could be subdivided. The attorney,Mr. Mann indicated that there could be no additional structures built on the lot. Trustee Santon asked that the Village Attorney look into this matter with the Applicant's counsel and respond to these various land use issues. Trustee Santon also pointed out that the last reported subdivision map for this parcel in question which covers both the 13 Beechwood property as well as the 10 Loch Lane property, formerly all one lot, is August 30, 1923 as recorded on November 21, 1925 as map 92931 known as the "Amended Re-subdivision Map of Byram Ridge. Another issue he raised in the August 9, 2002 letter was the fact when this property was subdivided by the Altmans it was done by a metes and bounds description. It was not done by the Town of the Rye rules of subdivision, as no subdivision was ever applied for. The community only found out about the subdivision when they saw construction activity commencing in 1967 and that is what lead to the litigation of Sellew vs. Altman. This dealt with a different legal issue which were restrictive covenants. This was a violation of the Town of Rye subdivision requirements. The Village hired the Westchester County Soil and Water Conservation District to do some studies on this property. In the February 1, 2002 report to us they recommended that the percolation test for the property. Trustee Santon recalled it was done in the fall which was a particularly dry season and it was not done in a wet season such as the spring. Also, in their August 22, 2002 follow up report the WCSWCD reviewed further submissions from the Applicant, Mr. Hoffinan. They referred to this project and said it would not be good practice to divert additional storm water discharges to a storm water management system that may be already overloaded and any deficiency of this system should be explored, identified and rectified before further discharges to it are permitted. Furthermore, the WCSWCD is concerned that the proposed underground storm water management structure primarily addresses storm water quantity and not storm water quality. BOT February 24,2004 Page 5 of 16 Trustee Santon pointed out that the last time the Board was trying to set the public hearing at the November 25, 2003 meeting there was a brief discussion about the Planning Board resolution. It was reportedly adopted by a 4 to 2 vote on August 11, 2001. He asked for clarification because the document before us says that the recommendation to the Village Board was that it not grant the requested subdivision. While many of us think that the Planning Board recommended conditional approval, this document which appears to be the official minutes and records suggests that the recommendation was that the Village Board not approve this subdivision. We need to have this clarified. Ms. Smith said she submitted a letter with the copy of the resolution of October 11, 2001 and it clearly says that the Planning Board hereby recommends approval subject to certain conditions. Trustee Santon said he was looking at a copy of the minutes tendered to us by the Village Administrator and that is why he asked many months ago, at the November 25, 2003 meeting, that the Village clarify the records and make sure our official records are consistent and accurate. Trustee Santon commented that later on this evening we are going to have some resolutions and the second resolution is a report that our planning consultant FP Clark has been working on and that is a conservation easement study. We are going to be referring yet another proposed local law to our Planning Board for their review and recommendations to the Board. He finds it interesting that this happens to deal with some of the proposed conservation easements and protection of our streetscapes along some of our main arteries such as King Street and Ridge Street. He also finds it interesting that many people in this room would argue that the Beechwood rotary,which is the centerpiece of one of the oldest subdivisions in the now Village of Rye Brook, that dates back to 1906, and was re-subdivided in 1922 and again in 1923,when some of the lots were made a little smaller. This 90 to 100 acre subdivision has the Rotary at its focal point and that is why you have 5 roads connecting into that rotary. He finds it interesting that the Village is embarking on a carry over of some of the laws passed during the year long moratorium. We are now embracing the topic of preserving our streetscapes and some of our scenic views. He is curious as how the Village attorney and the planning consultant view this study and how it correlates to this project, if at all. The one other topic that the planning consultant has not yet submitted is the potential up- zoning of some of the larger parcels. The Byram Ridge subdivision includes all the streets surrounding this Beechwood rotary. This Subdivision is now being studied for potential up-zoning and the proposed 20,000 square foot, which is the minimum lot in R20, is in fact probably the smallest lot in the entire Byram Ridge subdivision. Trustee Santon is questioned whether this proposed subdivision is in keeping with the intent of the Vision Plan and the character of the surrounding 90 to 100 acre subdivision. Mr. Beane said these are proposed amendments and until they become law they cannot be used as a basis to impact this application. As far as restrictive covenants are concerned, BOT February 24,2004 Page 6 of 16 they are like easements and are private party issues and the municipality is not a party to them. As far as the metes and bounds description that Trustee Santon refers to,Mr. Beane is not sure that the Town of Rye had zoning in 1923 because the oldest zoning code that he is aware of is later than 1923. Trustee Santon clarified that when the Altmans subdivided the parcel in 1967, there was a Town of Rye Zoning Code. Trustee Rosenberg said it is common sense not approve this application because of the severe water problems and go with the vision plan about preserving the green space. Michael Drutman of 6 Loch Lane has two sump pumps going and he is at a higher point of elevation so he can attest to the drainage problem that is on-going. The circle is in constant disrepair in terms of road work and this will only increase this problem and create a hardship for the Village in terms of re-surfacing and maintenance if this project goes through. He believes there hasn't been any due diligence in this process from the beginning on the part of the applicant. Trustee Harris said the Applicant has stepped into the Hoffman application and as a former Planning Board member he can clarify some of the Planning Board issues because he was on the board. We need to fix the water problems before we can allow further development. Trustee Harris said that every development in the last 21 years has been vetted by two water experts, the developer's water expert and the Village's water expert. We still have a lot of water problems. We need to address each problem one by one. Trustee Goodman stated that the residents came because of the subdivision but bring out a much larger problem and they need to know what is going to be done about these problems. Mr. Bradbury stated that as a result of the study of the eastern branch of Blind Brook money has been put in the budget for Mrs. Phillips pond and stabilizing the bank leading into the area. The larger project concerning the drainage improvement in the area is in the budget. Mayor Filipowski asked for a motion to close the public hearing. Trustee Goodman motioned and it was seconded by Trustee Rosenberg. Trustee Santon did not want the public hearing closed because many open issues exist and he believes it should be left opened until some of the questions are answered. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye BOT February 24,2004 Page 7 of 16 2) Considering Young Adult Institute's intent to establish a community residential facility for disabled persons at 62 Woodland Avenue in accordance with the Site Selection Law Ms. Quinton and Ms. Vera Halpenny of Young Adult Institute went over the site they have selected at 62 Woodland Avenue and the laws which govern their choice. They described the consumers that would be living in the home. These include eight high functioning adults that all have jobs in the community. The home is supervised 24 hours in eight hour shift increments. It is their home and it is a means for them to integrate into the community. Mr. David Green of 129 Country Ridge Drive visited the Port Chester home and met with five of the individuals that will be living at 62 Woodland Avenue. They were clean, personable and friendly. We need to look at the moral issues and let these people have a place to live. Mayor Filipowski said the presentation was about individuals with developmental disabilities and we have to have the compassion and decency to let them in the community. There is a possible home that could be an alternative site and on March 4, 2004, a special meeting will be held to describe this site and make a determination. Trustee Goodman asked counsel about the alternative being presented and the people that live near that address and do we start the whole process again about notifying the residents. The public should be made aware of the new selection. Mr. Thomas Dern, the Associate Executive Director of YAI said that YAI will work with the Village if another site was selected and Ms. Quinton will be available to help as well. They are in contract for Woodland and can get out if they find another suitable location. On a motion made by Trustee Santon and seconded by Trustee Goodman a special meeting was scheduled for March 4, 2004 at 8:00p.m to suggest an alternative site. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye On a motion made by Trustee Goodman and seconded by Trustee Santon the public hearing was closed. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye BOT February 24,2004 Page 8 of 16 Trustee Santon Voting Aye Mayor Filipowski Voting Aye 3) Considering a Local Law to amend Chapter 212 of the Village Code concerning the sprinklering of existing commercial buildings. Ms. Katie Meskell, the executive director of the Cerebral Palsy of Westchester, asked for a time extension. Along with the extensive work that needs to be completed for them to be compliant,NYS must also approve funding for this expenditure. Trustee Santon has no problem contemplating an extension for commercial properties but is concerned about other buildings deemed commercial with special uses. On a motion made by Trustee Goodman and seconded by Trustee Santon the public hearing was closed. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 3) Considering a Local Law to amend Chapter 212 of the Village Code concerning the sprinklering of existing commercial buildings. Trustee Santon suggested changing the September 30th date to June 30th in each instance. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Goodman the following amended resolution was adopted: RESOLUTION ADOPTING A LOCAL LAW TO EXTEND THE DATE FOR COMPLIANCE WITH THE SPRINKLER LAW REQUIREMENT THAT COMMERICAL BUILDINGS BE FULLY SPRINKLERED UNTIL JUNE 30, 2004 WHEREAS, the Sprinkler Law (Local Law 93-1997) was filed with the Secretary of State on April 1, 1997, which stated, in part, that "a commercial building existing on the effective date of this chapter shall be fully sprinklered within seven years BOT February 24,2004 Page 9 of 16 after the effective date of this chapter" and therefore would have required all commercial buildings to be sprinklered on or before April 1, 2004; and WHEREAS, a Local Law was introduced to extend the date for compliance with the provision of the Sprinkler Law requiring that all commercial buildings be fully sprinklered until June 30, 2004; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on February 24, 2004, 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 February 24, 2004; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation finds it is in the best interest of the Village to adopt such local law. NOW,THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the proposed local law to extend the date for compliance with the Sprinkler Law requirement that all commercial buildings be fully sprinklered until June 30, 2004,which is enacted into law as Local Law#2-2004; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Nay Trustee Santon Voting Aye Mayor Filipowski Voting Aye 2) Referral to Planning Board and Advisory Council on Environmental Conservation on a Local Law to amend Chapter 250,Zoning, of the Code of the Village of Rye Brook regarding Conservation Easements. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Goodman the following resolution was adopted: RESOLUTION BOT February 24,2004 Page 10 of 16 REFERRAL TO THE PLANNING BOARD AND ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION ON A LOCAL LAW TO AMEND CHAPTER 250,ZONING, OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING CONSERVATION EASEMENTS WHEREAS, the Board of Trustees is considering a local law to amend Chapter 250, Zoning, of the Code of the Village of Rye Brook regarding conservation easements; and WHEREAS, the proposed text amendments are attached to this resolution with text to be deleted shown in strikeout and text to be added shown underlined. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed text amendments, as attached hereto, to the Planning Board and the Advisory Council on Environmental Conservation for review and comment. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 3) Setting a Public Hearing date on a Local Law to amend the Village Street excavations law to regulate work performed within the public right of way. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE STREET EXCAVATIONS LAW TO REGULATE WORK PERFORMED WITHIN THE PUBLIC RIGHT OF WAY WHEREAS, the Village of Rye Brook wishes to prohibit construction within the public right of way with the exception of necessary work for installation and maintenance of utilities under strict permitting requirements; and BOT February 24,2004 Page 11 of 16 WHEREAS, a local law has been proposed to prohibit work within the public right of way and to regulate the issuance of permits for work within the public right of way; NOW,THEREFORE,BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on March 23, 2004 at 7:30 p.m., at the Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 215 of the Code of the Village of Rye Brook to prohibit work performed within the public right of way, with the exception of necessary work for the installation and maintenance of utilities only under strict permitting requirements. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 4) Setting a Public Hearing date on attendance requirements for volunteer Boards, Committees and Commissions. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg and seconded by Trustee Santon the following resolution was adopted: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO ADD AN ATTENDANCE PROCEDURE FOR BOARDS, COMMITTEES AND COMMISSIONS WHEREAS,the Board of Trustees would like to establish attendance procedures for the volunteer Boards, Committees and Commissions to allow for productive meetings, NOW,THEREFORE BE IT RESOLVED,that the Village of Rye Brook Board of Trustees shall hold a Public Hearing on March 23, 2004 at the Village Hall, 938 King Street, Rye Brook,New York to consider establishing attendance procedures for the volunteer Boards, Committees and Commissions. Trustee Goodman Voting Aye BOT February 24,2004 Page 12 of 16 Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 5) Considering approval of the 2004 Stop DWI Agreement between Westchester County and the Village of Rye Brook. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION APPROVING THE 2004 STOP DWI AGREEMENT BETWEEN WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK RESOLVED,that the Village of Rye Brook is authorized to enter into a 2004 Stop DWI Patrol Project Reimbursement Contract with Westchester County for reimbursement of overtime and added patrol costs to enforce DWI/DWAI laws in the amount not to exceed $8,400.00; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary and appropriate to accomplish the purposes of this resolution. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 6) Ratifying the appointment of David Byrnes to the Emergency Medical Services Committee. Mr. Bradbury read the resolution. On a motion made by Trustee Rosenberg and seconded by Trustee Santon the following resolution was adopted: RESOLUTION BOT February 24,2004 Page 13 of 16 RATIFYING THE APPOINTMENT OF DAVID BYRNES TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS, the Inter-Municipal Agreement(IMA)between the Village of Rye Brook, the City of Rye and the Village of Port Chester for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, David Byrnes of 33 Haines Boulevard was appointed in June 1998 which term expired in June 2003; and WHEREAS, the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc. has advised our municipalities that Mr. Byrnes is an active participant and he wishes to continue his service on the Committee, NOW,THEREFORE,BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook ratifies the appointment of David Byrnes of 33 Haines Boulevard to the Emergency Medical Services Committee for an additional three year term to expire on June 30, 2007. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 7) Declaring municipal equipment as surplus. Mr. Bradbury read the resolution. On a motion made by Trustee Santon and seconded by Trustee Rosenberg the following resolution was adopted: RESOLUTION DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE WHEREAS, the Village of Rye Brook has several pieces of municipal equipment that are no longer of functional value or use to the Village; and WHEREAS, the equipment may have a nominal resale value, NOW,THEREFORE,BE IT RESOLVED, that the equipment listed below is declared surplus to be sold to the highest qualified bidder through sealed bids solicited through classified advertisement in the official paper of the Village, BOT February 24,2004 Page 14 of 16 Item Model# Serial # AS 400 (IBM) 9402-2XX 10-314BA System 36(IBM) 5362 10-20547 Floppy Drive(IBM) 9331-012 10-61375 Printer (IBM) 4224-01 11-G2434 AND IT IS FURTHER RESOLVED, that if no bids are received for a particular item, that the above stated items may be disposed of through appropriate means, AND IT IS FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye BOT February 24,2004 Page 15 of 16 8)Approval of Meeting Minutes: March 11, 2003 On a motion made by Trustee Goodman and seconded by Trustee Santon the meeting minutes of March 11, 2003 were approved. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Abstain Trustee Santon Voting Aye Mayor Filipowski Voting Aye Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk BOT February 24,2004 Page 16 of 16