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HomeMy WebLinkAbout2013-04-09 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 9, 2013 AGENDA PLEDGE OF ALLEGIANCE REPORT: 1) Project Morry Charitable Organization AFFORDABLE HOUSING: 1) Public Hearing to consider an application for a site plan amendment for Bowridge Commons located at 80 Bowman Avenue PUBLIC HEARINGS 1) Presentation and Public Hearing to consider the proposed 2013-2014 Tentative Budget for the Village of Rye Brook 2013-2014 Tentative Budget 2) Public Hearing to consider a proposed local law to override the tax levy 3) Public Hearing to consider amending Chapter 240 of the Village Code regarding parking on West Street RESOLUTIONS: 1) Considering approval of an application for a site plan amendment for Bowridge Commons located at 80 Bowman Avenue 2) Considering a proposed local law to override the tax levy limit 3) Considering amending Chapter 240 of the Village Code regarding parking on West Street 4) Considering a request to use the Rye Brook Athletic Fields at King Street for an event to promote homeless awareness Board of Trustees Meeting April 9,2013 Page 1 5) Considering referring a site plan application by Kingswood to the Planning Board for report and recommendation 6) Considering annual organizational meeting resolutions 7) Considering the appointments to various Boards, Committees an Commissions 8) Considering removing closed capital projects for the project length schedule 9) Considering budget modifications 10)Considering allowing a food vendor in Pine Ridge Park 11)Considering increasing the recreation petty cash fund to $700 for the Rye Brook Carnival ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: April 23 and May 14 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Board of Trustees Meeting April 9,2013 Page 2 Mayor Paul Rosenberg welcomed everyone to the meeting. He noted that a swearing in ceremony took place before the meeting where he was sworn in Mayor, and Susan Epstein and Jeffrey Rednick were sworn in as Trustees. This is Trustee Rednick's second term, and he is also the Village's Deputy Mayor. Mayor Rosenberg called for the first item on the agenda. REPORT: 1) Project Morry Charitable Organization Two students from the Blind Brook High School, Ross Jablon, addressed the Board. He noted that a walk-a-thon was being organized. The inspiration for this organization came from Camp Director Morry Stein, who died tragically in a plane crash. In his honor, project Morry was established. This organization raises money to help children through the education process and to realize their full potential. The walk-a-thon will be held at the Rye Brook High School Track. A DJ will be there, with games, raffles, pizza, all to create a truly fun event. They are looking for donations and volunteers to help at the event scheduled for Friday, June 7, 2013. Mayor Rosenberg noted that the Recreation Department has been working to keep the Rye Brook schedule as light as possible so that everyone will be free to attend this event. Information is available on the Village's website and an email blast will be sent out to residents. Mayor Rosenberg called for an item out of order on the agenda, with the consensus of the Board. He called for Item #4 under resolutions: 4) Considering a request to use the Rye Brook Athletic Fields at King Street for an event to promote homeless awareness Mayor Rosenberg noted that the Village has been hosting this event for several years now. This program is called `Sleep for Solutions.' Brad and Rachel, two Rye Brook Students, addressed the Board. The event is scheduled for Saturday June 1St through Sunday June 2nd Mr. Christopher Bradbury, Village Administrator, noted that the applicants are complying with all of the requirements. Pre-notice will be given to the neighbors. Mr. Bradbury read the following resolution: Board of Trustees Meeting April 9,2013 Page 3 RESOLUTION CONSIDERING A REQUEST TO USE THE RYE BROOK ATHLETIC FIELDS AT KING STREET FOR AN EVENT TO PROMOTE HOMELESS AWARENESS WHEREAS, the Village received a request dated March 30, 2013 from Brian Hershaft, a Blind Brook High School student to use the Rye Brook Athletic Fields at King Street from Saturday, June 1, 2013 at 7:00 P.M. to Sunday, June 2, 2013 at 7:00 A.M. for an event called "Sleep for Solutions 2013" to promote awareness about the homeless; and WHEREAS, Brian Hershaft has also requested a waiver of any village permits or fees associated with this event, including any rental or filming fees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, hereby approves the use of the Rye Brook Athletic Fields to Hearth for All/Westchester Coalition for the Hungry and Homeless Inc., from Saturday, June 1, 2013 at 7:00 P.M. to Sunday, June 2, 2013 at 7:00 A.M., for the purpose of holding the Sleep for Solutions 2013 event to promote homeless awareness; and be it further RESOLVED, that the Village Board agrees that due to the special nature of this event, the following conditions and waivers apply: 1. Any village permits or fees associated with this event are waived; and 2. The village will make its bathroom facilities available throughout the event. If it is determined that additional bathroom facilities are needed, these will be provided or arranged by Hearth for All/Westchester Coalition for the Hungry and Homeless Inc.; and 3. No filming permit applications, fees or permits are required for this event; and 4. Insurance must be provided to the satisfaction of the Village's risk manager; and 5. Any health and safety matters must be maintained to the satisfaction of the Police Chief, Ambulance Director, and fire safety coordinator(s); and 6. Brian Hershaft, Jill Hershaft, Danny Ullman and Nikta Daijavad shall be designated as the coordinators for this event; and 7. The event shall be limited to Rye Brook residents and employees of the Village of Rye Brook and the Blind Brook School District except as otherwise provided in condition#17; and 8. Parents or guardians of any minors must provide approval for their child to participate in the event, and appropriate adult supervision shall be arranged by the event coordinators; and 9. The coordinators are responsible for gaining an individuals consent to be filmed or photographed at the event; and 10. No tobacco use, food, or beverages are permitted on-site except for water as described by the applicant; and Board of Trustees Meeting April 9,2013 Page 4 11. An estimate of the number of residents attending the event will be provided to the Police Chief and Village Administrator on the Monday preceding the event; and 12. The event coordinator shall make sure the site is cleaned of any garbage or debris by 8:00 A.M. on Sunday, June 2, 2013; and 13. No speakers or amplification equipment shall be utilized after 9:30 P.M on June 1, 2013; and 14. An additional hour shall be provided before the event for coordinators to set up and register attendees; and 15. An additional hour shall be provided after the event for coordinators to clean up any garbage or debris; and 16. The use of the Rye Brook Athletic Fields at King Street is contingent upon the written support and continued approval by the Arbors HOA and the Blind Brook School District. 17. Blind Brook School District Students may sponsor up to two students from other School Districts to participate in Sleep for Solutions 2013 as long as they are pre-registered and consent is received by both the BBSD guardian and the guest's guardian. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the resolution was adopted. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mayor Rosenberg returned to the order of the agenda and called for the next item on the agenda: AFFORDABLE HOUSING: 1) Public Hearing to consider an application for a site plan amendment for Bowridge Commons located at 80 Bowman Avenue Mayor Rosenberg called for a motion and second to open the public hearing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was declared open. Board of Trustees Meeting April 9,2013 Page 5 Mr. Burke called the roll: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mr. Anthony Federico, architect for Frank Madonna of the Bowridge Commons housing project addressed the Board. He noted that he was before the Board for a site plan amendment to the affordable housing units on Barber Place as a result of a request from Westchester County. The plans have been modified and the stairs are now completely enclosed. The Planning Board has reviewed and made its recommendation on the new plans. Mayor Rosenberg called for questions or comments from the members of the Board. Trustee Klein questioned what the amount of increased impervious surface amounted to as a result of these changes. Mr. Federico noted that it was 66 square feet, and this was addressed at the Planning Board level. Mayor Rosenberg called for members of the public wishing to address the Board. There being no one, he called for a motion and second to close the public hearing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was closed. The roll was called. Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mayor Rosenberg called for the resolution on this matter: 1) Considering approval of an application for a site plan amendment for Bowridge Commons located at 80 Bowman Avenue Board of Trustees Meeting April 9,2013 Page 6 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDED SITE PLAN APPLICATION FOR AFFORDABLE HOUSING LOCATED AT 80 BOWMAN AVENUE WHEREAS, Bowridge Commons, LLC (Frank Madonna) has submitted an application for a Site Plan Amendment for an affordable housing development at property located at 80 Bowman Avenue, designated on the Tax Map as Section 141.27, Block 1, Lots 26, 31 and 32, and located in the Fair and Affordable Housing (FAH) Zoning District; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Building Permit Checklist 2. Site Plan Application 3. Exterior Building Permit Application 4. Short Environmental Assessment Form 5. Letter to the Rye Brook Board of Trustees from Westchester County Department of Planning dated January 23, 2013 6. Preliminary Merger and Reapportionment Map prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville,N.Y. dated July 12, 2012, revised September 20, 2012 7. Site Lighting Plan, Sheet 1 of 1, prepared by Acuity Brands Lighting, dated August 3, 2012 8. Architect's Plans, prepared by Federico Associates, White Plains, N.Y.: Sheet Number Sheet Title Dated 1 of 10 Cover Sheet 3/28/2011 rev. 1/24/13 2 of 10 Existing Conditions 3/28/2011 rev. 3/19/13 3 of 10 Preliminary Site Plan and Zoning Table 3/28/2011 rev. 3/19/12 4 of 10 Preliminary Site Layout Plan and Zoning Table 3/28/2011 rev. 3/19/13 5 of 10 Preliminary Utility Plan 3/28/2011 rev. 3/19/13 6 of 10 Preliminary Grading/Sediment & Erosion Control& Tree Board of Trustees Meeting April 9,2013 Page 7 Protection Plan 3/28/2011 rev. 3/19/13 7 of 10 Preliminary Landscape Plan 3/28/2011 rev. 3/19/13 8 of 10 Details 3/25/2011 rev. 3/19/12 9 of 10 Details 3/25/2011 rev. 3/19/12 10 of 10 Details 5/1/2012 rev. 3/19/12 Al of 8 Street Elevations, 10-Unit Building 3/28/2011 rev. 1/24/13 A2 of 8 Street Elevations, 10-Unit Building 3/28/2011 rev. 1/24/13 A3 of 8 Ground Level Plan, 10-Unit Building3l28/2011 rev. 1/24/13 A4 of 8 First Floor Plan, 10-Unit Building 3/28/2011 rev. 1/24/13 A5 of 8 Second Floor Plan, 10-Unit Building 3/28/2011 rev. 1/24/13 A6 of 8 Street Elevations, 6-Unit Building 3/28/2011 rev. 1/24/13 A7 of 8 Ground&First Floor Plan, 6-Unit Building 3/28/2011 rev. 1/24/13 A8 of 8 Second Floor Plan, 6-Unit Building 3/28/2011 rev. 1/24/13 WHEREAS, the Board of Trustees has final Site Plan approval authority pursuant to § 209-1(A)(1); and WHEREAS, on November 27, 2012 the Board of Trustees adopted a local law rezoning the subject property from the C-1 Zoning District to the FAH Zoning District, granted Subdivision approval for the merger of Lots 26, 31 and 32, and granted Site Plan approval for the construction of eight (8) two-family attached affordable housing units; and WHEREAS, the Applicant is seeking an amendment of the previously approved Site Plan; and WHEREAS, the Site Plan approval granted by the Board of Trustees on November 27, 2012 included, pursuant to Village Code §250-26.1(F)(3)(b), approval of the following waivers from the applicable dimensional and bulk Board of Trustees Meeting April 9,2013 Page 8 requirements of the FAH District to be applied to the subject property, which remain in effect for this Amended Site Plan: 1. �250-32.F.(). The minimum front yard setback is 30 ft. The applicant proposed an 11.5 ft setback at the Barber Place elevation and a 18.5 ft front yard setback waiver was granted. 2. h250-32.F.M. The minimum required rear yard setback is 30 ft. The applicant proposed a 10.6 ft. rear yard setback at the south elevation and a 19.4 ft. rear yard setback waiver was granted. 3. 1250-32.H. The minimum required useable open space is 3,200 sq. ft. The applicant proposed to provide 2,036 sq. ft. and a 1,164 sq. ft. useable open space waiver was granted. 4. h250-32.G./250-31.G.Q. The maximum allowable building height is 30 ft. The applicant proposed a height of 33 ft. and a 3 foot maximum building height waiver was granted. 5. §250-32.G./250-21.G.(11. The maximum number of stories is 2. The applicant proposed 3 stories and a one story waiver was granted. (The code allows for a maximum height of 40 ft. and 4 stories if semi-fireproof construction is proposed. The plans contain no information ' this regard.) 6. 1250-32.K.(l)/250-6.G.(l)(c1f21. The minimum number of required off-street parking spaces is 5/two-family dwelling for a total of 40 spaces. The applicant is proposed 24 spaces and a waiver for 16 off-street parking spaces was granted. 7. 250-2 Definitions, PARKING SPACE. The minimum parking space size is 175 sq. ft. The applicant proposed to provide parking spaces measuring 162 sq. ft. in size and a 13 sq. ft. waiver was granted for each parking space. 8. h250-26.1.F.O(d). The minimum required floor area of a one-bedroom AFFH unit is 675 sq. ft. The applicant is proposed all the one bedroom units to be 617 sq. ft. in Board of Trustees Meeting April 9,2013 Page 9 size and a waiver of 58 sq. ft. was granted for all one bedroom units; and WHEREAS, on February 26, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determined the proposed action to be an Unlisted Action and will proceed with an uncoordinated review pursuant to SEQRA; and WHEREAS, on February 26, 2013 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated March 14, 2013; and WHEREAS, on March 1, 2013 the application was referred to the Westchester County Department of Planning and Westchester County provided a response letter on April 9, 2013; and WHEREAS, the Westchester County Department of Planning's April 9, 2013 response letter does not contain substantive comments on the pending application for approval of an Amended Site Plan, but references its prior review of the original site plan application and its October 15, 2012 letter submitted to the Village and accordingly, the Board of Trustees hereby incorporates by reference each of its responses to Westchester County's October 15, 2012 letter as set forth in the Board of Trustees' November 27, 2012 Resolution granting Subdivision and Site Plan approval; and WHEREAS, although not required by General Municipal Law §239-nn or Westchester County Administrative Code §277.71, the application was referred to the Village of Port Chester and the Port Chester-Rye Union Free School District as a courtesy on or about March 1, 2013; and Board of Trustees Meeting April 9,2013 Page 10 WHEREAS, on April 9, 2013, the Board of Trustees opened a public hearing on the subject subdivision and site plan applications, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on April 9, 2013; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees hereby determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that after reviewing the recommendation of the Village Engineer/Superintendent of Public Works dated March 14, 2013, the Board of Trustees hereby approves, pursuant to Section 250-26.1(E)(2)(a) of the Village Code, the Applicant's request for a waiver from requirement that topographic information be submitted for review; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan application referenced herein, upon the following conditions: 1. Prior to the issuance of a building permit, the Applicant shall use best efforts to coordinate with the relevant utility companies to arrange for the relocation of utility poles along the portion of Barber Place adjacent to the project site so as to accommodate a widening of Barber Place in that location by the Applicant. The cost of relocating the utility poles shall be borne by the Applicant. If the Applicant is not able to achieve cooperation from the utility companies, the Applicant shall widen Barber Place up to the location of the utility poles and no further. Plans for the widening of Barber Place shall be submitted to the Village Engineer/Superintendent of Public Works for review and approval. Board of Trustees Meeting April 9,2013 Page 11 2. Groundwater from the site shall not be used for potable or other purposes. 3. Prior to the issuance of a Building Permit, the Applicant shall submit a Final Construction Management Plan for review and approval by the Village Engineer/Superintendent of Public Works. 4. Prior to the issuance of a Building Permit, the Applicant shall submit a final Stormwater Management Plan for review and approval by the Village's Consulting Engineer. 5. Prior to the issuance of a Building Permit, the Applicant shall obtain approval from the Westchester County Department of Public Works & Transportation pursuant to General Municipal Law 5239-F. 6. Prior to the issuance of a Building Permit, the Site Plan shall be revised to show the location of a bicycle rack. 7. To accompany the painted pavement arrows, a "Do Not Enter" sign shall be installed where the angled parking meets the larger parking area. 8. A detail of the concrete driveway apron shall be provided. 9. The Applicant shall comply with all provisions of Village Code 5250-26.1(G) through 5250-26.1(L). 10. Prior to the issuance of a Building Permit, the Applicant shall submit a Declaration of Restrictive Covenants to the Program Administrator, as defined by Village Code 5250- 26.1(D), or such other appropriate entity as determined by the Village Administrator, for approval in recordable form acceptable to the Village Attorney, which shall ensure that the AFFH Units shall remain subject to affordable housing regulations for the minimum fifty-year period set forth at Village Code 5250-26.1(1-1). The Declaration of Restrictive Covenants shall state that the AFFH Unit shall be the primary residence of the resident household selected to occupy the unit. Upon approval by the Program Administrator, or such other appropriate entity as determined by the Village Administrator, the Declaration of Restrictive Covenant shall be recorded in the Land Records Division of the Office of the Clerk of the County of Westchester prior to the issuance of a Certificate of Occupancy for any AFFH Unit. Board of Trustees Meeting April 9,2013 Page 12 11. The AFFH Units constructed pursuant to this approval shall be sold or rented, and resold and re-rented only to qualifying income-eligible households for a period of 50 years. Resale and re-renting of the AFFH Units shall comply with the requirements set forth at Village Code 5250-26.1(1) and 5250-26.1(L), respectively. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan, for so long as the Westchester County Fair and Affordable Housing Affirmative Marketing Plan remains in effect, so as to ensure outreach to racially and ethnically diverse households. 12. A final, detailed monitoring and maintenance plan for all stormwater management facilities shall be submitted for review and approval of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all stormwater management structures and appurtenances in accordance with the approved plans to insure the proposed stormwater management facilities function to the standards and objectives of the Village of Rye Brook stormwater management ordinance and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. BE IT FURTHER RESOLVED, that no building permit shall be issued until the Preliminary Merger and Reapportionment Map, dated July 12, 2012, prepared by Thomas C. Merritts Land Surveyors, P.C., Pleasantville, N.Y., is duly filed with the Office of the Westchester County Clerk, Land Records Division; and BE IT FURTHER RESOLVED, that prior to the issuance of a building permit the Applicant shall pay to the Village all applicable fees and professional review fees incurred in connection with review of this Application. Mr. Bradbury noted that the changes were minor, and the conditions were all part of the original resolution. On a motion made by Trustee Epstein, and seconded by Trustee Rednick the resolution was adopted. Board of Trustees Meeting April 9,2013 Page 13 The roll was called. Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye PUBLIC HEARINGS 1) Presentation and Public Hearing to consider the proposed 2013-2014 Tentative Budget for the Village of Rye Brook 2013-2014 Tentative Budget On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was declared open. The roll was called. Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye A PowerPoint Presentation was made. Mr. Bradbury presented the 2013- 2014 Tentative Budget. This is a tight budget, with quality services. The Village reviews finances all of the time. Every December the Budget work starts to set the parameters for the upcoming Budget. The concern is to keep the overall budget within the tax cap. The Village's fund balance is sound. The tentative budget was filed on March 20th. Meetings and workshops have been held. Tonight is the public hearing, and the Budget must be adopted by May 1, 2013. Mr. Bradbury reviewed the budget for the Board. He thanked all of the department heads for all of their hard work on this year's budget. Trustee Rednick asked procedural wise how changes could be made. Mr. Bradbury noted that this budget was in place until May 1St. Changes can be made until them, and the Board can meet as many times as necessary. All public hearings must be closed by April 20th Board of Trustees Meeting April 9,2013 Page 14 Mayor Rosenberg thanked staff for all of the effort that has gone into the budget. He opened up the public hearing for comments. Trustee Heiser echoed Mayor Rosenberg's thanks. This budget involves a great deal of work. Trustee Epstein also thanked staff for all of their efforts. Mayor Rosenberg called for comments from members of the public. There were no members of the public wishing to address the Board. Mayor Rosenberg addressed an expense for Pine Ridge Park. Mr. Bradbury noted that this area could be reviewed again and he will come back with other options. Mayor Rosenberg also addressed the Halloween in the Park expenditure. Last year's event was a tremendous success. He felt that this event carries with it a very high price tag. He suggested making this an every other year event. Trustee Rednick agreed with Mayor Rosenberg. He suggested waiting to see how the Village's first Carnival does. Mr. Bradbury noted that the Carnival is intended to be a revenue producing event. The Halloween is an expense, but it is a community gathering event. Trustee Heiser felt that having the community events is very important to maintain the morale of community. The money spent on this event, is money well spent. Trustee Epstein noted that she has not yet had a chance to review this issue. Trustee Klein noted that if the Carnival is a success then it basically will create the revenue for the Birthday Party and Halloween events. On a motion made by Trustee Epstein, and seconded by Trustee Rednick the public hearing was closed. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye 2) Pubic Hearing to consider a proposed local law to override the tax levy Board of Trustees Meeting April 9,2013 Page 15 On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was declared open The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mr. Bradbury gave a brief update on the local law to override the tax levy. Legislation must be passed if they do not want to enact this local law. Nineteen to Twenty-Three percent of the municipalities consider overriding the tax levy for different reasons. Each municipality prepares an estimate for the tax cap. When Rye Brook was audited, everything was fine and we were on target. Many municipalities do not believe in the cap, and they feel that the State should not be in the position of having mandates from the State. The Village Board has the right to override the tax cap, depending on what is best for Rye Brook. Mayor Rosenberg turned to the Board for comments and questions. The Board discussed overriding the tax cap and their consensus was to keep the taxes as low as possible. Mr. Bradbury noted that last year the tax cap was override. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was closed. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mayor Rosenberg called for the resolution on this matter. 2) Considering a proposed local law to override the tax levy limit Mr. Bradbury read the following resolution: Board of Trustees Meeting April 9,2013 Page 16 CONSIDERING A PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT WHEREAS, on April 9, 2013 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on April 9, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law to override the tax levy limit. On a motion made by Trustee Heiser, and seconded by Trustee Epstein the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Nay Mayor Rosenberg called for the final public hearing on the agenda: 3) Public Hearing to consider amending Chapter 240 of the Village Code regarding parking on West Street Mayor Rosenberg called for a motion to open the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Heiser the public hearing was closed. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mr. Bradbury noted that the recommendation came from the Traffic Commission to restrict parking on West Street; on the northwest side from Board of Trustees Meeting April 9,2013 Page 17 the corner of West and Grant Street. Mayor Rosenberg thanked the Traffic Commission. The recommendation was made for better visibility. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the public hearing was closed. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye RESOLUTIONS: 3) Considering amending Chapter 240 of the Village Code regarding parking on West Street Mr. Bradbury read the following resolution: CONSIDERING AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING ON WEST STREET WHEREAS, on April 9, 2013 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on April 9, 2013. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law to amend Chapter 240 of the Village Code regarding parking on West Street. On a motion made by Trustee Heiser, and seconded by Trustee Epstein the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Board of Trustees Meeting April 9,2013 Page 18 Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Mayor Rosenberg called for Resolution #5 on the agenda: 5) Considering referring a site plan application by Kingswood to the Planning Board for report and recommendation Mr. Bradbury read the following resolution: CONSIDERING REFERRING AN APPLICATION BY TOLL LAND V LIMITED PARTNERSHIP FOR APPROVAL OF AN AMENDED SITE PLAN TO THE VILLAGE OF RYE BROOK PLANNING BOARD WHEREAS, the Board of Trustees is in receipt of an application by Toll Land V Limited Partnership for approval of an amendment to its March 24, 2009 site plan of property located at the southerly corner of Anderson Hill Road and King Street - designated as Tax Map Section 129.35, Block 1, Lots 14.1-14.31 (formerly Lot 13) on the Town of Rye Tax Map and located in the H-1 Zoning District; and WHEREAS, the Board of Trustees is the approval authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the New York State Environmental Quality Review Act ("SEQRA") determines the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for approval of an amended site plan to the Planning Board for a report and recommendation; BE IT FURTHER RESOLVED, that the Board of Trustees directs, that pursuant to General Municipal Law §239-m, the amended site plan application shall be referred to the Westchester County Department of Planning not less than thirty days prior to the public hearing concerning the application, and that, pursuant to General Municipal Law §239-nn, the amended site plan application shall be referred to the Town of Greenwich no less than ten (10) days prior to the public hearing concerning the application; and be it FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 14, 2013 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of an Amended Site Plan application by Toll Land V; and be it Board of Trustees Meeting April 9,2013 Page 19 FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code. Mr. Wagner addressed the Board. He noted that this resolution involves an application that was approved by the Board. Construction has not yet begun. Under the original resolution there were some timing restraints. The applicant is now before the Board requesting relief from condition #18. A modification in timing is necessary. The applicant is looking to have this approval as soon as possible so that things can move forward. The applicant requested that the referral to the Planning Board be skipped as this is just a sequencing change. Mayor Rosenberg noted that this was a reasonable request. Building model units helps to sell the property. Edward Beane, Esq., Village Counsel addressed the Board. He noted that the ordinance says what it says, and process is very important. The Planning Board should be able to deal with this at a single meeting. He felt that the process should not be violated, and the matter should be referred to the Planning Board. Not presumptuous to speak for the Planning Board, he asked that this referral be made as this request is clear cut. Mr. Bradbury noted that the public hearing could be scheduled for the May 14th Board of Trustees meeting. Mayor Rosenberg questioned the County referral. Mr. Bradbury stated that the timing was sufficient. On a motion made by Trustee Heiser, and seconded by Trustee Epstein the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye 6) Considering annual organizational meeting resolutions Mr. Bradbury read the following resolution: Board of Trustees Meeting April 9,2013 Page 20 CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED,that Paul S. Rosenberg of 43 Country Ridge Drive is hereby declared elected to the office of Mayor of the Village of Rye Brook for a three-year term of office; and be it FURTHER RESOLVED, that Jeffrey B. Rednick of 12 Meadowlark is hereby declared elected to the office of Trustee of the Village of Rye Brook for a three-year term of office; and be it FURTHER RESOLVED,that Jason A. Klein of 68 Valley Terrace is hereby declared elected to the office of Trustee of the Village of Rye Brook for a three-year term of office; and be it FURTHER RESOLVED, that said terms of offices are effective at noon on the 1St Monday of April 2013;and be it FURTHER RESOLVED, Mayor Rosenberg appointed Susan R. Epstein of 233 Country Ridge Drive as Trustee effective immediately for a term of office that will expire noon on the first Monday in April 2014. RESOLUTION RETAINING VILLAGE ATTORNEY RESOLVED, that the law firm of Keane and Beane, PC (Edward F. Beane, Esq.) of 445 Hamilton Avenue, White Plains, New York 10601 is hereby retained as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the terms in the retainer agreement dated April 5, 2013. RESOLUTION APPOINTMENT OF LABOR COUNSEL RESOLVED,that the law firm of Littler, Mendelson, P.C. (Craig R. Benson, Esq.) of 885 Third Avenue,New York,NY 10022 is hereby retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF TAX CERTIORARI COUNSEL RESOLVED, that the law firm of Oxman, Tulis, Kirkpatrick, Whyatt & Geiger LLP. (Mark S. Tulis, Esq.) is hereby retained as special Tax Certiorari Counsel for the Village of Rye Brook for the next ensuing fiscal year subject to the rates established in the retainer letter dated March 26, 2013. Board of Trustees Meeting April 9,2013 Page 21 RESOUTION APPOINTMENT OF SPECIAL WATER COUNSEL RESOLVED, that Joel R. Dichter of Dichter Law, LLC of 10 Rockefeller Plaza, NY, NY is hereby retained as Special Water counsel for the Village of Rye Brook for the next ensuing official year in accordance with the letter dated April 8, 2009. RESOLUTION APPOINTMENT OF VILLAGE RISK MANAGER RESOLVED, that Wright Risk Consulting, LLC (Ira Sorkin) is hereby appointed as Risk Manager for the Village of Rye Brook for the next ensuing official year in accordance with the terms of the Proposal for Continuing Risk Management Services received March 12, 2013. RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED, that Dolph Rotfeld Engineering, P.C. (Dolph Rotfeld, PE) is hereby retained as Engineering Consultant for the Village of Rye Brook for the ensuing official year in accordance with the terms of the letter outlining Engineering Services dated March 22,2013. RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED, that Frederick P. Clark Associates, Inc. (David Stolman) is hereby retained as Village Planning Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms and rate schedule in the letter dated March 29,2012. RESOLUTION APPOINTMENT OF SPECIAL ENGINEERING CONSULTANT RESOLVED,that Henningson, Durham& Richardson Architecture and Engineering, P.0 (Mike Musso, PE) is hereby appointed as Special Engineering Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms set forth in the Multiple Project Agreement for Professional Services, dated April 4, 2013. RESOLUTION APPOINTMENT OF BOND COUNSEL RESOLVED, that the law firm of Fulbright & Jaworski, llp (Randy Mayer, Esq.) is hereby retained as Village Bond Counsel for the next ensuing official year, in accordance with the letter dated March 10,2011 and the fee schedule dated January 1,2010. RESOLUTION APPOINTMENT OF AUDITING FIRM Board of Trustees Meeting April 9,2013 Page 22 RESOLVED,that the auditing firm of O'Connor Davies Munns& Dobbins, llp is hereby retained as Village Auditor for the next ensuing official year,in accordance with the email dated February 23, 2012. RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE CLAIMS AUDITOR RESOLVED, that Judith Belkin of 38 Rock Ridge Drive, Rye Brook, New York is hereby appointed as intermediate Account Clerk/Village Claims Auditor for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF VILLAGE TREASURER RESOLVED,that Diane DiSanto of 98 Lakeview Avenue, Scarsdale,New York is hereby appointed as Village Treasurer for the Village of Rye Brook for a two-year term. RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED,that Christopher J. Bradbury, of 3355 Poplar Street,Yorktown,New York is hereby appointed Village Clerk for the Village of Rye Brook for a two-year term. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 14 Crest Drive, Yorktown is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Nick Mecca, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS Board of Trustees Meeting April 9,2013 Page 23 RESOLVED, that Hope Vespia, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year. RESOLUTION RESOLUTION OF RECORDS MANAGEMENT OFFICER RESOLVED, that Christopher J. Bradbury of 3355 Poplar Street, Yorktown, New York is hereby appointed Records Management Officer for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second(2"d) and fourth (4th) Tuesday of each and every month are hereby designated as the Meeting nights of the Village of Rye Brook Board of Trustees pursuant to the adopted Rules of Procedure of the Board of Trustees; and be it FURTHER RESOLVED,that said meetings are to commence at 7:30 p.m. RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED,the Mayor,the Village Administrator,Village Treasurer,and Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED,that the Village Administrator,Village Treasurer and Deputy Treasurer are authorized to sign Bonds,Bond Anticipation Notes(BAN'S)and other obligations of the Village; and be it FURTHER RESOLVED,that bank internal transfers and out-going wires from one account to another can be made by telephone or online with voice or data transmission by any one of the previous named signatories followed by written confirmation to the banks in accordance with the Village's Investment Policy, such banks include: TD,Bank NA; JPMorgan Chase; Hudson Valley; Signature Bank; First Niagara Bank,NA and Webster Bank. RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED,that TD,Bank NA; JPMorgan Chase;Hudson Valley; Signature Bank and Webster Bank are hereby designated as depositories for the Village of Rye Brook. Board of Trustees Meeting April 9,2013 Page 24 RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPER WHEREAS, the Village must publish legal notices in any newspaper designated as the official newspaper for the municipality; and WHEREAS, the Westmore News is a newspaper circulated and available to its residents in the Village of Rye Brook; and WHEREAS,the Village Clerk is encouraged to publish notices in multiple newspapers covering the village. NOW THEREFORE BE IT RESOLVED,that the Westmore News is hereby designated as the official Newspaper of the Village of Rye Brook for the ensuing official year. RESOLUTION FRIENDS OF RYE BROOK,INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the Rules of Procedure of the Board of Trustees as amended on April 11, 2006 are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April 2013. Mayor Rosenberg noted that this is done every year. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting April 9,2013 Page 25 7) Considering the appointments to various Boards, Committees an Commissions Mr. Bradbury read the following resolution: CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Margaret Veith-Heib of 91 Valley Terrace is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Miriam Raphael of 9 Reunion Road is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that David Bacchioni of 25 Winding Wood Road is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Robin Willig of 3 Bayberry Close is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Stephanie Fisher of 38 Lawridge Drive is hereby appointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Mickey Marks of 18 Mohegan Lane is hereby appointed for a term that shall expire on the first Monday in April 2016; and be it RESOLVED,that Stephanie Fisher is hereby appointed Chairperson APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Frank Carbone of 9 BelleFair Boulevard is reappointed for a term that shall expire on the first Monday in April 2015; and be it FURTHER RESOLVED, that Brian Funtleyder of 17 Beechwood Boulevard is hereby reappointed for a term that shall expire on the first Monday in April 2015; and be it FURTHER RESOLVED, that Scott Tillison of 11 Bonwit Road is hereby appointed for a term that shall expire on the first Monday in April 2015; and be it FURTHER RESOLVED, that Traci Erenfryd of 38 Woodland Drive is hereby appointed for a term that shall expire on the first Monday in April 2015; and be it Board of Trustees Meeting April 9,2013 Page 26 FURTHER RESOLVED, that Jamie Schutzer is hereby appointed Chairperson. APPOINTMENTS TO THE AIRPORT ADVISORY COUNCIL RESOLVED, that Dee Schmid of 15 High Point Circle is reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Richard Goldstein of 5 Heritage Ct. is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Nancy Ruskin of 7 Doral Greens Drive W is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Marcia Teschner is hereby appointed Chairperson. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD RESOLVED,that Marcia Rogull of 65 Talcott Road is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Allan Willig of 3 Bayberry Close is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it RESOLVED, that Mitchell Levy is hereby reappointed Chairperson; and be it APPOINTMENTS TO THE ETHICS BOARD RESOLVED,that Bea Dreschler of 15 Deer Run is hereby reappointed for a term that shall expire on the first Monday in April 2013; and be it FURTHER RESOLVED, that Dana Zimmerman of 32 Country Ridge Drive is hereby reappointed for a term that shall expire on the first Monday in April 2013; and be it FURTHER RESOLVED, that Ken Finder of 3 Carlton Lane is hereby reappointed for a term that shall expire on the first Monday in April 2013; and be it FURTHER RESOLVED, that Andrew Zeitlin of 201 Country Ridge Drive is hereby reappointed for a term that shall expire on the first Monday in April 2013; and be it FURTHER RESOLVED, that is Glenn Brettschneider of 53 Winding Wood Road is hereby appointed for a term that shall expire on the first Monday in April 2013; and be it RESOLVED, that Dana Zimmerman is hereby reappointed Chairperson Board of Trustees Meeting April 9,2013 Page 27 APPOINTMENTS TO THE PLANNING BOARD RESOLVED, that Dominic Accurso of 10 Whipporwill Road is hereby reappointed for a term that shall expire on the first Monday in April 2018; and be it FURTHER RESOLVED, that Gary Zuckerman is hereby reappointed Chairperson; and be it APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE RESOLVED,that the following individuals are hereby reappointed to the Records Management Committee for a term which expires on the first Monday in April, 2014: Paul S. Rosenberg, Mayor Christopher J. Bradbury, Administrator Diane DiSanto, Treasurer Elizabeth Rotfeld, Deputy Village Clerk Greg Austin, Police Chief APPOINTMENTS TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION RESOLVED,that Mark Klapper of 1 Charles Lane is hereby reappointed for a term that shall expires on the first Monday in April 2016; and be it FURTHER RESOLVED, that Lori Hecker of 80 Country Ridge Drive is hereby reappointed for a term that shall expires on the first Monday in April 2016; and be it FURTHER RESOLVED, that Frank Pugliese of 6 Wilton Road is hereby reappointed for a term that shall expires on the first Monday in April 2016; and be it FURTHER RESOLVED, that Howard Lim of 83 Valley Terrace is hereby reappointed for a term that shall expires on the first Monday in April 2016; and be it FURTHER RESOLVED, that Arie Marek of 63 BelleFair Road is hereby appointed for a term that shall expires on the first Monday in April 2016; and be it Board of Trustees Meeting April 9,2013 Page 28 FURTHER RESOLVED, that Lisa Benoit of 19 Argyle Road is hereby appointed for a term that shall expires on the first Monday in April 2016; and be it FURTHER RESOLVED, that Mark Klapper is hereby reappointed Chairperson APPOINTMENTS TO THE TRAFFIC COMMISSION RESOLVED,that Paul Brandeis of 12 Country Ridge Circle is hereby reappointed for a term that shall expires on the first Monday in April 2016; and be it FURTHER RESOLVED, that Gerry Applebaum is hereby reappointed Chairperson APPOINTMENTS TO THE ZONING BOARD OF APPEALS RESOLVED,that Andrew Kaminsky of 4 Edgewood Drive is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Joel Simon of 34 Winding Wood Road is hereby reappointed for a term that shall expire on the first Monday in April 2016; and be it FURTHER RESOLVED, that Don Moscato is hereby reappointed Chairperson. Mr. Bradbury noted that this is also done annually. Mayor Rosenberg thanked all of the volunteer for their service. He noted that there were a few Committees and Commissions that still had openings. Anyone interested should contact Mr. Bradbury. On a motion made by Trustee Rednick, and seconded by Trustee Heiser the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting April 9,2013 Page 29 8) Considering removing closed capital projects for the project length schedule Mr. Bradbury read the following and resolution: CONSIDERING REMOVING CLOSED CAPITAL PROJECTS FROM THE PROJECT LENGTH SCHEDULE RESOLVED, that the following closed capital projects be removed from the Capital Projects Length Schedule. GIS System Firehouse King Street Athletic Fields ICOP Network Light Dump Truck Dump Truck with Plow Attachments Staff Vehicle Curb Machine AJP Community Center Roof Pine Ridge Tennis Court Resurfacing Rye Hills Basketball Court Resurfacing Garibaldi Park Sprinkler System Police Vehicles—2007 Highway Vehicles AJP Community Center Tile Floor Sidewalk Improvement Project Building Violations Software Sidewalk Replacement Program Loch Lane/King Street Drainage Highway Equipment—Generator Salt Shed Cover Cathodic Protection System Parks Equipment—Trailer Rye Hills Park Drainage Garibaldi Park Path/Cameras AJP Community Center—Partial Reconstruction Highway Vehicles and Equipment—2010 Harkness Park Storm Lines Harkness Park Tennis Court Bellfair/Village Hall Pump Stations Police Vehicles—2010 Pine Ridge Park Tennis Court Resurfacing Pine Ridge Park Scoreboard Replacement AND BE IT FURTHER RESOLVED, that all unexpended monies be returned to its funding source. Board of Trustees Meeting April 9,2013 Page 30 Mr. Bradbury noted that this is a clean up of the books. Some of the projects are very old that were identified but never done. On a motion made by Trustee Heiser, and seconded by Trustee Epstein the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye 9) Considering budget modifications Mr. Bradbury read the following resolution: CONSIDERING BUDGET MODIFICATIONS RESOLVED,that the following budget modifications are hereby approved: FROM TO AMOUNT SEWER REPAIR PARTS 101.8120.403 101.1640.445 $10,935.24 STREET MAINTENANCE REPAIR PARTS 101.5110.412 101.1640.445 $5,500.00 TOOL RENTAL REPAIR PARTS 101.5110.43 8 101.1640.445 $1,938.60 MISCELLANEOUS REPAIR PARTS 101.5110.469 101.1640.445 $2,909.06 Mr. Bradbury noted that transfers can be made within departments, but when transferring from one account to another it must be done by resolution. Board of Trustees Meeting April 9,2013 Page 31 On a motion made by Trustee Heiser, and seconded by Trustee Epstein the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye 10)Considering allowing a food vendor in Pine Ridge Park Mr. Bradbury read the following resolution: CONSIDERING ALLOWING A FOOD VENDOR IN PINE RIDGE PARK WHEREAS, a request was made by Anthony Romeo to utilize public property at Pine Ridge Park for a food vendor truck; and WHEREAS, the Board of Trustees in consultation with the Advisory Council on Parks and Recreation supports allowing a food vendor to be permitted to use Pine Ridge Park; and WHEREAS, Anthony Romeo has a 2013 food vendor license with the Village of Rye Brook. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby permits Anthony Romeo of 11 Mount Tom Road, Mount Vernon, NY to operate within Pine Ridge Park at locations, times and days approved by the Superintendent of Parks and Recreation and the Village Administrator; and be it FURTHER RESOLVED, no fee will be assessed but permission can be suspended of terminated at any time by the Village Administrator. Mayor Rosenberg noted that the Recreational Counsel reviewed this matter. The Chairman of the Recreational Counsel addressed the Board. He noted that about a year this matter was reviewed. It was suggested that a food structure be built at Pine Ridge Park. This was not financially viable, so thought turned to bringing in a food truck. A vendor has now received a license to be a vendor in the Village of Rye Brook. This past Sunday was opening weekend for travel baseball. This was a good test to see what type Board of Trustees Meeting April 9,2013 Page 32 of traffic would be generated. He wound up inside of the park, which gives a better estimation of how a concession stand would do. When you spend four to five hours at a park, this amenity is a good thing and it enhances the experience. Mr. Bradbury noted that the Village Board must give permission for this vendor to be on Village property. Now he will be there on weekends, but it could be extended to special events. It means a lot that the Village can work with this vendor, to amend days and hours. This is meant to be a short term thing, with one vendor at a time. It was noted that the ice cream truck drives up to the park from time to time. They have a license from the Village to do that. Mayor Rosenberg asked if the vendor will be removing all of the trash; he suggested additional receptacles be installed in the area. The Park staff is there on Monday and they would also do clean up. The staff is also there to prep the fields on Sundays and they can check the trash bins at that time. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the resolution was adopted. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye 11)Considering increasing the recreation petty cash fund to $700 for the Rye Brook Carnival Mr. Bradbury read the following resolution: CONSIDERING INCREASING THE RECREATION PETTY CASH FUND TO SEVEN HUNDRED DOLLARS FOR THE RYE BROOK CARNIVAL WHEREAS, in order to ensure enough cash on hand for the food and ticket booths operated by the Village at the Rye Brook Carnival on April 12, 13 & 14, 2013 a request has been made to increase the recreation petty cash fund from $100 to $700. Board of Trustees Meeting Apri19,2013 Page 33 NOW, THEREFORE BE IT RESOLVED, the recreation petty cash fund is hereby increased to $700 in order to provide enough cash on hand for the food and ticket booths operated by the Village at the at the Rye Brook Carnival; and be it FURTHER RESOLVED, the recreation petty cash fund shall be decreased to $100 following the Rye Brook Carnival on April 15, 2013. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the resolution was adopted. There was no discussion on this resolution. The roll was called: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Village's first Carnival will be held this weekend. Everyone is excited about this event. This is a new event, and everyone is invited. Mayor Rosenberg thanked the Recreational Counsel for this suggestion. Mr. Bradbury noted that the Little League Parade takes place this weekend too. There will be an official start to the Comprehensive Plan Committee with the first meeting. The meeting is scheduled for the end of the month. Mayor Rosenberg noted that the next Board of Trustee meetings were scheduled for April 23 and May 14 Mayor Rosenberg called for comments from members of the public. There being none, he called for a motion and second to go into executive session. Board of Trustees Meeting April 9,2013 Page 34 On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the meeting was adjourned. Mr. Burke called the roll: Trustee Susan R., Epstein Voting Aye Trustee David M. Heiser Voting Aye Trustee Jason A. Klein Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Paul S. Rosenberg Voting Aye Board of Trustees Meeting April 9,2013 Page 35