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HomeMy WebLinkAbout2012-04-04 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET WEDNESDAY, APRIL 4, 2012 AGENDA 6:30 P.M.— Trustee Swearing In Ceremony 7:30 P.M.–REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1) Presentation and public hearing to consider the proposed 2012-2013 Tentative Budget for the Village of Rye Brook 2) Public hearing to consider a proposed local law to override the tax levy limit 3) Public hearing to consider a proposed site plan amendment and Special Permit for a one car garage at 1100 King Street (Reckson) RESOLUTIONS: 1) Considering a proposed local law to override the tax levy limit 2) Consider a proposed site plan amendment and Special Permit for a one car garage at 1100 King Street (Reckson) 3) Considering annual organizational meeting resolutions 4) Considering the appointments to various Boards, Committees and Commissions Board of Trustees Meeting April 4,2012 Page 1 5) Considering a Request Submitted by K&M Realty Group, Ltd. for a Refund of its Cash Deposit in lieu of Performance Bond Relating to the Installation and Construction of Infrastructure 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 24 and May 8, 2012 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Paul S. Rosenberg Mayor Joan L. Feinstein ABSENT: Trustee Jeffrey B. Rednick STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Feinstein welcomed everyone to the April 4, 2012 Reorganization Meeting of the Board of Trustees. She noted that vacation schedules caused the meeting to be moved to Wednesday night. She introduced newly elected Trustee David M. Heiser, who was sworn in during a ceremony held immediately before the meeting, and announced that Trustee Paul Rosenberg was sworn in for another term. She also noted that Trustee Jeffrey Redneck was excused from the meeting. Mayor Feinstein, with the consensus of the Board, called for the third public hearing on the agenda: Board of Trustees Meeting April 4,2012 Page 2 PUBLIC HEARINGS: 3) Public hearing to consider a proposed site plan amendment and Special Permit for a one car garage at 1100 King Street (Reckson) Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Toby Marrow, and seconded by Trustee David Heiser, the public hearing was opened. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Anthony Gioffre, Esq., from the firm of Cuddy and Feder, addressed the Board. He noted that Jerry Schwabe was also in attendance. Attorney Gioffre noted that Reckson is in an OB 1 District and this application seeks approval to construct a one-car garage. The property is also in the scenic roads overlay district. Mr. Gioffre reviewed the project and briefly discussed the sprinkler system related to the proposed garage and the Village's Code/requirements. Mayor Feinstein called for comments from members of the public. There being no one, and no comments from Board members, she called for a motion to adjourn the public hearing. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the public hearing was adjourned. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 4,2012 Page 3 Mayor Feinstein returned to the order of the agenda: 1) Presentation and public hearing to consider the proposed 2012-2013 Tentative Budget for the Village of Rye Brook On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the public hearing was declared open. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Christopher Bradbury, Village Administrator, made a Power-Point presentation, reviewing the tentative budget. He noted that the budget is for the fiscal year beginning June 1, 2012 and ending May 31, 2013. Staff meetings and budget work sessions have been held and this is the public hearing on this matter. Overall, the 2012-2013 tentative budget includes a property tax levy of $13, 292.14, which is an increase of 1.46% over the prior year. The total tentative budget is an increase of 4.98% over the prior year. Village income and expenditures were reviewed. The property tax cap was briefly discussed, and it was noted that this tentative budget as presented has a tax levy that is less than allowable under the tax cap legislation. Mayor Feinstein thanked everyone for their hard work on the proposed budget. She noted that expenditures have been cut, and revenue items were raised. The Day Camp fees is the one area that the Board has not been able to reach an agreement on. The fees being reviewed are the fees for the summer of 2013. There are expenses incurred when running the camp, and the fees should be increased. Mayor Feinstein called for questions or comments from members of the public. Robert Larick of the Arbors thanked the Board for their hard work. Trustee Rosenberg noted that this is a phenomenal budget. He thanked Mr. Bradbury for his hard work. He noted that he was not in favor or raising the camp fees because they were raised the prior year. Board of Trustees Meeting April 4,2012 Page 4 Trustee Marrow noted that she was in favor of raising the camp fee to cover expenses. Trustee Heiser and Mayor Feinstein agreed with Trustee Marrow. Mr. Bradbury noted that the Village of Rye Brook has terrific department heads. Mayor Feinstein agreed that the Village has a wonderful staff. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the public hearing was closed. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the public hearing was declared open. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that the Village is considering overriding the tax cap. The Board has considered the fiscal capacity. This is new legislation which raises policy questions. Rye Brook manages its budget very well and finds this issue is more of a control issue. Mayor Feinstein noted that she felt comfortable with the numbers. She noted that she has never been in favor of the tax cap. Mandate relief was supposed to follow the tax cap, but there has not been any mandate relief. She stated that she did not like New York State telling the Village what to do. Trustee Heiser agreed that the tax cap was a local control issue. Board of Trustees Meeting April 4,2012 Page 5 Trustee Marrow noted that she would vote to override the tax levy as a precautionary measure. Trustee Rosenberg noted that he was not in support of overriding the tax cap. He felt that it could look like the Village is preparing to raise the taxes. As there was no further discussion, Mayor Feinstein called for a motion. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the public hearing was closed. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution: 1) CONSIDERING A PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT WHEREAS, on April 4, 2012 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 4, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law to override the tax levy limit. Board of Trustees Meeting April 4,2012 Page 6 On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Nay Mayor Joan L. Feinstein Voting Aye 2) CONSIDER A PROPOSED SITE PLAN AMENDMENT AND SPECIAL PERMIT FOR A ONE CAR GARAGE AT 1100 KING STREET (RECKSON) As the public hearing remained open, there would be no vote on this matter at this time. 3) CONSIDERING ANNUAL ORGANIZATIONAL MEETING RESOLUTIONS Mayor Feinstein noted that this was the reorganization meeting, and asked Mr. Bradbury to read the resolutions: RESOLUTION CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS DECLARATION OF ELECTION OF BOARD OF TRUSTEES Board of Trustees Meeting April 4,2012 Page 7 RESOLVED, that Paul S. Rosenberg of 43 Country Ridge Drive 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 David M. Heiser of 2 Oriole Place 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 2012. 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 8, 2011. 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, Geiger, Natale & Tulis, P.C. (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 21, 2012. RESOLUTION APPOINTMENT OF SPECIAL WATER COUNSEL Board of Trustees Meeting April 4,2012 Page 8 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 RMI Consulting, LLC (Joseph P. Ricci) 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 15, 2012. 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 30, 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, 2011 Master Agreement dated March 16, 2012. RESOLUTION APPOINTMENT OF BOND COUNSEL Board of Trustees Meeting April 4,2012 Page 9 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 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 letter dated April 6, 2010. 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 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 APPOINTMENT OF DEPUTY VILLAGE CLERK RESOLVED, that Elizabeth Rotfeld of 105 Betsy Brown Road, Port Chester, New York is hereby appointed Deputy Village Clerk for the Village of Rye Brook for a two-year term. RESOLUTION Board of Trustees Meeting April 4,2012 Page 10 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 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 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 Board of Trustees Meeting April 4,2012 Page 11 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; HSBC Bank, First Niagara Bank, NA and Webster Bank. RESOLUTION DESIGNATION OF DEPOSITORIES Board of Trustees Meeting April 4,2012 Page 12 RESOLVED, that TD, Bank NA; JPMorgan Chase; Hudson Valley; Signature Bank; HSBC Bank and Webster Bank are hereby designated as depositories for the Village of Rye Brook. 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. Board of Trustees Meeting April 4,2012 Page 13 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 2011. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the resolutions were adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Mr. Bradbwy read the following resolution: CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Jason Klein is hereby reappointed Chairperson. Board of Trustees Meeting April 4,2012 Page 14 APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Adam Berman of 3 Arlington Place is reappointed for a term that shall expire on the first Monday in April 2014; and be it FURTHER RESOLVED, that Chris Dutra of 3 Lee Lane is hereby appointed for a term that shall expire on the first Monday in April 2014; and be it FURTHER RESOLVED, that Jamie Schutzer of 43 Bonwit Road is hereby reappointed for a term that shall expire on the first Monday in April 2014; and be it FURTHER RESOLVED, that Jennifer Wohl of 156 Brush Hollow Crescent is hereby appointed for a term that shall expire on the first Monday in April 2014; and be it FURTHER RESOLVED, that Adam Zahl of 78 Tamarack Road is hereby appointed for a term that shall expire on the first Monday in April 2014; and be it FURTHER RESOLVED, that Jamie Schutzer is hereby appointed Chairperson. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD RESOLVED, that Mitchell Levy is hereby reappointed Chairperson; and be it FURTHER RESOLVED, that the following appointments are hereby recertified for the remainder of their terms: Marcia Rogull Expires April 2013 Chris Scelfo Expires April 2013 Mitchell Levy Expires April 2014 Anna Carbone Expires April 2014 Jonathan Metz Expires April 2014 Board of Trustees Meeting April 4,2012 Page 15 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 appointed for a term that shall expire on the first Monday in April 2013; and be it FURTHER RESOLVED, that Carol Goodman of 6 Legendary Circle is hereby reappointed for a term that shall expire on the first Monday in April 2013; and be it RESOLVED, that Dana Zimmerman is hereby reappointed Chairperson APPOINTMENTS TO THE PLANNING BOARD RESOLVED, that John Grzan of 10 Candy Lane is hereby reappointed for a term that shall expire on the first Monday in April 2017; and be it FURTHER RESOLVED, that Gary Zuckerman is hereby reappointed Chairperson; and be it FURTHER RESOLVED, that the following are hereby recertified for the remainder of their terms: Domenic Accurso Expires 2013 Amy Schoen Expires 2014 Dan Tartaglia Expires 2015 Robert Goodman Expires 2015 Bill Laufer Expires 2016 Gary Zuckerman Expires 2016 Board of Trustees Meeting April 4,2012 Page 16 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, 2013: Joan L. Feinstein, 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 Frank Pugliese of 6 Wilton Road is hereby reappointed for a term that shall expires on the first Monday in April 2015; and be it RESOLVED, that Rachel Chason of 57 Winding Wood Road is hereby reappointed for a term that shall expires on the first Monday in April 2015; and be it FURTHER RESOLVED, that Mark Klapper is hereby reappointed Chairperson APPOINTMENTS TO THE ZONING BOARD OF APPEALS RESOLVED, that Steve Berger of 3 Castle View Court is hereby reappointed for a term that shall expire on the first Monday in April 2015; and be it FURTHER RESOLVED, that Jeffrey Richman of 42 Meadowlark Road is hereby appointed for a term that shall expire on the first Monday in April 2015; and be it Board of Trustees Meeting April 4,2012 Page 17 FURTHER RESOLVED, that Don Moscato is hereby reappointed Chairperson. FURTHER RESOLVED, that the following appointments are hereby recertified for the remainder of their terms: Joel Simon Expires 2013 Andrew Kaminsky Expires 2014 Don Moscato Expires 2014 On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the resolutions were adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Trustee Rosenberg noted that Mr. Bradbury called out the new chairperson and those individuals who terms have expired. He thanked the individuals who have served the Village. Mayor Feinstein noted that Trustee Rosenberg has been appointed Deputy Mayor. 5) CONSIDERING A REQUEST SUBMITTED BY K&M REALTY GROUP, LTD. FOR A REFUND OF ITS CASH DEPOSIT IN LIEU OF PERFORMANCE BOND RELATING TO THE INSTALLATION AND CONSTRUCTION OF INFRASTRUCTURE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A REQUEST SUBMITTED BY K&M REALTY GROUP, LTD. FOR A REFUND OF ITS CASH DEPOSIT Board of Trustees Meeting April 4,2012 Page 18 IN LIEU OF PERFORMANCE BOND RELATING TO THE INSTALLATION AND CONSTRUCTION OF INFRASTRUCTURE WHEREAS, on July 24, 2007, the Board of Trustees of the Village of Rye Brook approved the Site Plan of K&M Realty Group, Ltd. to construct ten (10) attached residential units as set forth in said Resolution and the Site Plan Approval drawings and architect's plans annexed thereto (the "Approved Site Plan"); and WHEREAS, said Site Plan Approval was subject to requirements and conditions, including those in Paragraph 4 thereof, that prior to the issuance of any building permits, the Applicant was required to submit a 100% performance bond to the Village in a sum to be determined by the Village Engineer to guarantee the satisfactory and complete installation and construction of all infrastructure and public improvements as enumerated in said Paragraph "4;" and WHEREAS, pursuant to Paragraph 4, the Applicant has submitted in lieu of a Performance Bond, a cash deposit of Seventy One Thousand Seven Hundred Sixty-Five and 00/100 ($71,765.00) Dollars to guarantee the satisfactory and complete installation and construction of certain infrastructure and public improvements as determined by the Village Engineer; and WHEREAS, the Applicant completed the installation and construction of the specific infrastructure and public improvements as set forth in its Site Development Permit, which was secured by said cash deposit; and WHEREAS, construction of the project has been suspended by the Applicant and the Site Development Permit has expired; and WHEREAS, the Applicant has requested that the balance of the cash he deposited in lieu of a Performance Bond be refunded to him after the deduction by the Village of certain Village fees and professional review fees incurred by Applicant in connection with review of the Site Plan Application, and the approval by the Planning Board of wetlands and steep slope permits, the payment of outstanding Village permit fees and the payment of all outstanding Village Real Estate Taxes; and WHEREAS, the Applicant has requested that these outstanding fees and professional review fees and taxes be deducted from the cash deposit and to receive a refund of the remainder of the cash deposited; and WHEREAS, the Applicant also has agreed in exchange for this refund to the imposition of a condition that the Applicant will submit all necessary applications, plans and required supporting documents necessary to receive all Board of Trustees Meeting April 4,2012 Page 19 building and other permits necessary for the entire scope of the project in accordance with the Approved Site Plan within three (3) years of the date of this Resolution. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees grants the application of K&M Realty Group, Ltd. as described above for the refund of its cash deposit in lieu of Performance Bond subject to the following requirements and conditions: 1. The Applicant shall pay all outstanding permit fees, escrow fees and professional review fees incurred by the Applicant in connection with the review of its application for Site Plan Approval and the issuance of Wetlands and Steep Slope Permits; 2. The Applicant shall pay all unpaid Real Estate Taxes due and owing for the Village of Rye Brook portion of the taxes with respect to Lots 1-1 and 1- 1.1, Block 26, Section 141; 3. The Applicant shall pay the necessary fee to close out the expired Site Development Permit in the amount of$750.00; and 4. Payment of the fees and Village taxes listed above shall be made by the Village from the cash deposit and the remaining balance shall be remitted to the Applicant; and 5. That the Village of Rye Brook shall retain $4,500.00 of the cash deposit for the following items: Plantings in Rip Rap: $3,000.00 Sewer Line Testing: $1,000.00 Maintain Silt Fence: 500.00 4 500.00 6. This Resolution is also expressly conditioned on the Applicant accepting the requirement that the July 24, 2007 Site Plan Approval and July 26, 2007 Wetlands and Steep Slopes Permit for this project shall become null and void and expire unless the Applicant submits all applications, plans and required supporting documents required to receive all building and other permits necessary to complete the project in accordance with the Approved Site Plan within three (3) years of the date of this Resolution. 7. If no building permits are issued by September 1, 2012, the Applicant shall place a suitable soil and grass seed on the areas of disturbed soils for stabilization of the site on or before September 30, 2012 and shall otherwise properly maintain the project site in conformance with all applicable Rye Brook Codes and other governmental provisions. Board of Trustees Meeting April 4,2012 Page 20 8. All requirements pertaining to the project and site's Stormwater Pollution Prevention Plan (SWPPP) and any associated permits must be maintained and site inspections completed as required. BE IT FURTHER RESOLVED, that all other requirements and conditions set forth in the July 24, 2007 Site Plan Approval Resolution and the July 26, 2007 issuance of Wetlands and Steep Slopes Permits by the Village of Rye Brook Planning Board shall continue in full force and effect unaffected by the terms of this Resolution; and BE IT FURTHER RESOLVED, no permits of any kind shall be issued until the Applicant has paid to the Village all future applicable fees and professional review fees incurred in connection with any further review of modification of this Application. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the resolution was adopted. Mr. Bradbury noted that this project has had quite a history. The project was approved in 2007 after many years. Mayor Feinstein noted that a resolution was adopted in 2009 in lieu of the performance bond. She requested several changes to the resolution. She hoped that the applicant would feel compelled to give finality to this project. Mr. Michal Nowak, Superintendent of Public Works, noted that this is now a disturbed area. If the applicant wishes to walk away from the project it would be unacceptable to leave the property in the condition that it is now. Once the application is null and void, the permit is too and the site would need to be returned to the original state. The applicant has seen several drafts of the resolution. He asked that the Village proceed with the resolution before the Board this evening. Mr. Burke was asked to call the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Board of Trustees Meeting April 4,2012 Page 21 Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the Village offices would be closed on Friday for the holiday. He noted that the Highway Department was working on some of the islands within the Village. Mr. Bradbury congratulated Trustees Heiser and Rosenberg on their appointments, and wished everyone a Happy Holiday. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for April 24"' and May 8"'. There being no further business before the Board, and no members of the public wishing to address the Board, she called for a motion to go into Executive Session. On a motion made by Trustee Marrow, and seconded by Trustee Heiser, the meeting was adjourned at 9:00 p.m. and the Board entered into an Executive Session. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 4,2012 Page 22