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HomeMy WebLinkAbout2012-09-11 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 11, 2012 7:00 P.M.—Executive Session– Tax Certiorari Appointments to Boards and Committees 7:30 P.M.–REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING REPORT PUBLIC HEARINGS: 1) Public hearing to consider an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners Association 2) Public hearing to consider applications for Special Permit and Site Plan approval for property located at 558 Westchester Avenue 3) Public hearing to consider application for approval of a site plan for TD Bank, NA at property located at 101-5 South Ridge Street RESOLUTIONS: 1) Considering an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners Association 2) Considering applications for Special Permit and Site Plan approval for property located at 558 Westchester Avenue 3) Consideration of an application for approval of a site plan amendment and wetland permit regarding the installation of a diesel powered emergency backup generator for the sluice gate on Bowman Ave. Board of Trustees Meeting September 11, 2012 Page 1 of 35 4) Considering the award of contract #12-05 "Resurfacing Tennis Courts 1 & 2 Pine Ridge Park" 5) Considering authorizing the County of Westchester Board of Elections to conduct village elections 6) Considering the authorization of a Bond Anticipation Notice 7) Considering approving use of village streets for the 28t" annual Jarden Westchester Triathlon 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: September 24 & October 17, 2012 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Greg Austin, Police Chief Edward Beane, Esq., Village Counsel Michal Nowak, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting September 11, 2012 Page 2 of 35 Mayor Joan L. Feinstein welcomed everyone to the regular meeting of the Village of Rye Brook. She called for a moment of silence in memory of all those who lost their lives on 9/11 eleven years ago. Mayor Feinstein called for the first matter on the agenda. It was noted that this was a continuation of the public hearing. Trustee Toby Marrow recused herself as a resident of the Arbors. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISION AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWNERS ASSOCIATION James Ryan, of John Meyer Consulting, representative for the Arbors' Homeowners Association, addressed the Board. Also in attendance was Robert Flink, Esq., the attorney for the Homeowners Association. Mr. Ryan noted that this is a continuation of a public hearing. There were some issues that needed to be resolved, and a lot of work and time was put into resolving these issues. Drainage has been included, and the applicant has minimized the impacts to the residents. One resident still has issues, but he was sure that she would address the Board to discuss the issues. Mayor Feinstein called for members of the public wishing to address the Board. Mr. Jeff Richmond, the homeowner at 42 Meadowlark Road addressed the Board. He noted that his property is adjacent to the proposed emergency access path. An alternative for the construction materials was put before the Emergency Task Force for the emergency access path, and they were not amenable to the change to the compacted gravel path. Right now the path is a gravel path and he felt that the compacted gravel was not a big change. He asked that the Board consider the visual impact to the residents, and requested that the landscaping be increased. Mayor Feinstein asked Mr. Christopher Bradbury, Village Administrator, to address the compacted gravel issue and why it was not approved. Mr. Bradbury noted that out of the two surfaces proposed, it was determined that the compacted gravel was not the preferred material for the path. It is difficult to plow gravel, it is not a flat surface and not conducive to walking and biking. Maintenance was an issue in this decision. Board of Trustees Meeting September 11, 2012 Page 3 of 35 Mr. Richmond felt that going over the compacted gravel with a roller did not seem like a lot of maintenance. Making the path an asphalt path changes the character of the neighborhood. Mr. Bradbury noted that the compacted gravel needed to be able to support a fire vehicle. Trustee Paul Rosenberg noted that asphalt is cost-effective. He felt that the additional landscaping made sense. Mr. Ryan noted that this is very densely shaded area. There are no major changes proposed to the path and there is a berm in the area. During the construction the applicant will do what they can regarding landscaping. Trustee Rosenberg questioned the type of landscaping that would survive in this area. Ms. Marilyn Timpone-Mohamed, Village Consultant, noted that you do not want the landscaping so dense that you cannot see the residents that will be walking on this path. That would create more of a safety issue. Ms. Rosemary Schlank, an Arbors resident, noted that she still had issues. Mayor Feinstein noted that the site plan has been submitted. She called upon Mr. Ryan, who noted that they were taking a big step to correct a lot of problems. A proposal was submitted and forwarded to counsel. Mr. Ryan felt that the plan on the table was a good plan. Mr. Ryan noted that he had comments regarding the resolution. There are procedures for moving forward. The Homeowners must give their approval to the access path. A lot of time and money has been expended to try and make this right, but to move forward the Homeowners must give their approval. Mayor Feinstein noted there are costs and safety issues that need to be attended to. The Village Board is supportive. Edward Beane, Esq., noted that the Village has been informed of a safety hazard and the matter was reviewed. The Village is using better than its best efforts to get the Arbors to agree to the access path. Mr. Ryan noted that there would be an issue if the Homeowners do not approve the funds to build the emergency access road. Some of the residents feel that the Village should help with the cost of this project, however, the Village cannot build the road. The Homeowners Association cannot spend the resident's funds without their permission. Mr. Ryan felt that the resolution needed to be amended to address the scenario that the homeowners do not approve this project. The applicant will use its best efforts to move forward, but this is a possibility. If the vote is positive then there will not be an issue. Mayor Feinstein noted that the emergency access roadway allows emergency vehicle access to the Arbors. The concern is for the safety of the residents of the Arbors. Board of Trustees Meeting September 11, 2012 Page 4 of 35 Robert Flink, Esq noted that a meeting will be convened at the Arbors and 60 days notice must be given. The vote has been scheduled for November 14th and the notice for the meeting will go out in the next few days. He also pointed out that this is a private piece of property. The homeowners will be reviewing the proposed project, the costs, and the scope of the work. The H.O.A. is supportive of this emergency path, but the bylaws need to be followed. The H.O.A. does not have the power to spend this amount of money, and the HOA cannot force the homeowners to do anything. Attorney Beane noted that the issue of the maintenance shed and where it will be built is also an issue. It is the Village and the H.O.A.'s position that the emergency access path is a safety issue and the access should be built. Everyone is hoping that this will be approved. The H.O.A. should be able to convey to the homeowners that this is a serious issue. Mayor Feinstein called for an Executive Session to discuss this matter. The Board went into an Executive Session, and upon their return they noted that they felt very comfortable with the conditions being placed in the resolution. Dee Richards, a resident of the Arbors, addressed the Board. She asked the size of the proposed roadway which is village property. Mr. Ryan noted that the village portion is approximately 120 feet in length by 12 feet in width, which is approximately half of the proposed emergency access road. She stated that no other resident of the Village would be asked to spend money surfacing a roadway. She asked if the Village would consider paying for half of the work. Mayor Feinstein noted that this access road is for the benefit of the homeowners. The Arbors has an easement over this property. There being no further questions or comments from the Board, Mayor Feinstein called for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Jeffrey Rednick, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Recused Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting September 11, 2012 Page 5 of 35 Mayor Feinstein called for the resolution on this matter. RESOLUTIONS: 1) CONSIDERING AN APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISION AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWNERS ASSOCIATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPLICATIONS FOR AMENDED PUD SITE PLAN AND AMENDED PUD SUBDIVISION FOR THE ARBORS HOMEOWNERS ASSOCIATION WHEREAS, the Board of Trustees is in receipt of an application for amended Planned Unit Development ("PUD") subdivision and an application for an amended PUD site plan by Moge Agahian on behalf of the Arbors Homeowners Association, Inc. ("AHOA") for property located at the intersection of King Street and the Hutchinson River Parkway (the "Property") in the PUD Zoning District; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application and attachments thereto 2. Site Plan Submittal Review Check List 3. Full Environmental Assessment Form 4. Survey of Property consisting of Sheets 1 through 9, prepared by John Meyer Consulting, P.C., Armonk, N.Y., dated 9/3/2010, last revised 5/18/2011 5. Letter to Dolph Rotfeld Engineering, P.C. from John Meyer Consulting, P.C., Armonk, N.Y. dated March 29, 2012 6. Letter to the Rye Brook Planning Board from John Meyer Consulting, P.C., Armonk, N.Y. dated March 27, 2012 7. Letter to Dolph Rotfeld Engineering, P.C. from John Meyer Consulting, P.C., Armonk, N.Y. dated March 16, 2012 8. Letter to the Rye Brook Board of Trustees from John Meyer Consulting, P.C., Armonk, N.Y. dated February 3, 2012 Board of Trustees Meeting September 11, 2012 Page 6 of 35 9. Memorandum to the Planning Board prepared by Dolph Rotfeld Engineering, P.C., Tarrytown, N.Y., dated March 21, 2012 10.Memorandum to the Planning Board prepared by Dolph Rotfeld Engineering, P.C., Tarrytown, N.Y., dated April 4, 2012 11.Traffic and Parking Review Memorandum to the Planning Board prepared by Frederick P. Clark Associates, Rye, N.Y., dated February 29, 2012 12.Existing Conditions and Amended PUD Application Drawings consisting of Sheets 1 through 7, prepared by John Meyer Consulting, P.C., Armonk, N.Y., dated 10/26/2011 13.Final Subdivision Plat Drawings consisting of Sheets 1 through 10, prepared by John Meyer Consulting, P.C., Armonk, N.Y., dated 10/26/2011 rev. 7/13/12 14.Engineer's Plans prepared by John Meyer Consulting, P.C., Armonk, N.Y.: Sheet Number Sheet Title Dated DA-1 Existing On-Site Drainage Area Map 10/27/2011 rev. 3/15/2012 DB-1 Detention Basin Map 3/15/2012 SP-1 iWaintenance Building Kelocation Plan 10/27/2011 rev. 8/22/2012 SP-2 Access Plan 7/9/2012 rev. 8/22/2012 WHEREAS, on or about June 19, 1973 the Town Board of the Town of Rye ("Town Board") designated the Property as a PUD by directing an amendment to the Land Use Map of the Town of Rye dated September 7, 1954; and WHEREAS, on or about September 18, 1973 the Town Board approved a PUD site plan for the Property and on or about March 19, 1974 the Town Board approved a PUD subdivision plat for the Property, which plat was revised and thereafter approved by the Town Board on or about June 18, 1974; WHEREAS, according to the Applicant, the amended PUD subdivision application is proposed to correct discrepancies of snapping and title regarding the location of lot lines in relation to existing condominium buildings and appurtenances; and WHEREAS, the Site Plan application seeks approval for the construction of a new maintenance building and approval of certain nonconformities; and WHEREAS, on November 24, 2009, the Board of Trustees granted waivers for the submittal of documents listed on the Site Plan Review Check List as recommended in the memorandum provided by the Village of Rye Brook Building Inspector dated November 20, 2009, except the two items noted in the Resolution of the Board of Trustees dated November 24, 2009 "Considering a Board of Trustees Meeting September 11, 2012 Page 7 of 35 Request for Waivers of Specific Items on the Site Plan Checklist from the Arbors Homeowners Association"; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action on February 14, 2012 and 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 has submitted a Report and Recommendation to the Board of Trustees on May 10, 2012; and WHEREAS, the Board of Trustees, pursuant to SEQRA, circulated its Notice of Intent to Declare Lead Agency on or about May 16, 2012; and WHEREAS, the application was referred to the Westchester County Department of Planning for notification purposes only on or about March 19, 2012, and WHEREAS, the application was referred to the Town of Greenwich, Connecticut on or about May 23, 2012; and WHEREAS, on July 10, 2012, the Board of Trustees opened a public hearing on the subject application, 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 September 11, 2012; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be Lead Agency pursuant to SEQRA and 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 the Board of Trustees hereby finds that the Final Plat will not be substantively changed from the Preliminary Plat and determines that a public hearing on the Final Plat is not required; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves preliminary and final subdivision approval for the amended PUD Board of Trustees Meeting September 11, 2012 Page 8 of 35 subdivision application referenced herein and the Mayor is authorized to sign such plat subject to the following conditions and modifications which must be satisfied prior to the signing of the Final Plat by the Mayor: 1. The Applicant shall prepare a Final Subdivision Plat in accordance with Section 219-32 of the Village of Rye Brook Subdivision Regulations, which shall include the Town of Rye tax lot designations for the subject lots. Upon obtaining a satisfactory review by the Village Engineer/Superintendent of Public Works, the Final Subdivision Plat shall be submitted for review and signature to the Westchester County Department of Health. The signature of the Department of Health shall be required prior to the signing of the Final Plat by the Mayor. 2. The Applicant shall submit a statement signed by the Town of Rye Receiver of Taxes that all taxes due by the Applicant have been paid. 3. The Final Plat shall be filed in the Westchester County Clerk's Office in accordance with the provisions of New York State Village Law and Chapter 219 of the Village of Rye Brook Code; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the PUD site plan amendment referenced herein, upon the following conditions: 1. The AHOA shall submit to the Village a yearly report certifying that: (1) video inspection and cleaning of the outfall piping from the detention basin has been conducted no less than once per year; (2) all roadways within the Arbors have been swept no less than once per month; and (3) all storm drains have been cleaned no less than once per year. 2. AHOA shall submit a Detention Basin Maintenance Plan to the Village Consulting Engineer for review and approval. 3. No hazardous materials or explosives shall be stored within or around the Maintenance Shed. Hazardous materials shall be defined as set forth in at Section 216-2 of the Village of Rye Brook Code, as such definition may be amended from time to Board of Trustees Meeting September 11, 2012 Page 9 of 35 time, and shall include but not be limited to materials such as gasoline, motor oil, fertilizers, pesticides, herbicides and paints. 4. Best construction and management practices shall be implemented as set forth in the Memorandum from Dolph Rotfeld Engineering, P.C., dated May 4, 2012, to protect ground and surface waters from pollutants that are leaked, spilled or washed from machinery, vehicles and storage areas within the new Maintenance Shed and on paved and open areas outside the Shed. 5. The storage of equipment, vehicles and materials in the new Maintenance Shed and on paved and open areas outside the Maintenance Shed on the Arbors property shall be limited to that which is necessary for maintenance of the AHOA common property, including the following: i. Bobcats (small four-wheel front-end loaders) ii. Lawn mowers iii. Detachable, single blade snow plows iv. Snow blower v. Hand tools vi. Additional equipment subject to approval by the Village Engineer/Superintendent of Public Works vii. Golf Cart 6. Equipment, vehicles and materials of commercial contractors may not be stored on the AHOA property unless such equipment, vehicles and materials are used solely for the AHOA property. 7. Prior to the issuance of a building permit for the Maintenance Shed, the Utility Easement, dated June 17, 1971, recorded in the Westchester County Clerk's Office at Liber 6994, Page 658, modified by Agreement dated June 19, 1978, recorded in the Westchester County Clerk's Office at Liber 7477, Page 305, shall be amended and recorded in the Westchester County Clerk's Office, in a form satisfactory to the Village Attorney, to allow the construction of the Maintenance Shed within the easement area to the extent shown on the approved Site Plan. 8. Temporary event parking is permitted along the east side of Arbor Drive from its intersection with Ivy Hill Lane to a point approximately 175 feet north, upon the following conditions: Board of Trustees Meeting September 11, 2012 Page 10 of 35 i. "No Parking" signs shall be installed along the opposite side of the roadway and at the beginning and end of the temporary event parking area. ii. Roadway weaving horses shall be removed from the roadway during such events. iii. The Police Department shall have enforcement powers along the Fire Lanes to the extent permitted by all applicable state and local laws, rules and regulations. 9. An emergency access drive from Meadowlark Road to the parking lot on Greenway Circle or an alternative means of access that is just as protective of the health, safety and welfare of the Arbors residents, as determined by the Board of Trustees, shall be added to the Site Plan. Such emergency access drive or suitable alternative shall be substantially complete within 24 months of the adoption of this resolution. 10. The Access Plan is subject to either (i) approval a Stormwater Management Plan by the Village Engineer/Superintendent of Public Works in consultation with the Village Consulting Engineer; or (ii) approval of engineering specifications which obviate the need for a Stormwater Management Plan, as determined and approved by the Village Engineer/Superintendent of Public Works in consultation with the Village Consulting Engineer. 11. AHOA shall not be required to erect a fence next to the Hutchinson River Parkway unless and until New York State removes the sound barrier and does not replace it with a similar wall or fence. In such an event, AHOA shall install a fence along the perimeter of the AHOA property that abuts the Hutchinson River Parkway. 12. All existing non-conformities with the Village Code, except those that create life safety concerns as deterinined by the Village of Rye Brook Building Inspector, shall be permitted to remain upon the submission of a Building Permit application by the property owner and the approval of such application and the issuance of a Certificate of Occupancy by the Building Inspector, but in no case shall the existing non-conformity be permitted to be enlarged or expanded. Board of Trustees Meeting September 11, 2012 Page 11 of 35 BE IT FURTHER RESOLVED, that the Final Plat shall not be signed by the Mayor until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. Trustee Rosenberg asked for an explanation of item #12. Mr. Bradbury explained item #12, and Mayor Feinstein reminded everyone that the Amnesty Program expires on May 31 st Mayor Feinstein noted that the proposed maintenance shed is much smaller than the existing shed, and it will now be constructed on Arbors' property. On a motion made by Trustee David Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Recuse Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that this issue has been before the Board for three years. She thanked everyone involved for their perseverance and hard work. She thanked Mr. Jim Ryan for his stellar cooperation. 2) PUBLIC HEARING TO CONSIDER APPLICATIONS FOR SPECIAL PERMIT AND SITE PLAN APPROVAL FOR PROPERTY LOCATED AT 558 WESTCHESTER AVENUE Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was declared open. The roll was called: Board of Trustees Meeting September 11, 2012 Page 12 of 35 Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye The Special Permit and Site Plan approval application came before the Board when the applicant was notified that the necessary permits were not in place and the certificate of occupancy was rescinded. There were two open items. These items were addressed by Mr. Leonard Brandes. The parking and handicapped access issues have been resolved. The parking lot is not at grade with the structure. In order to bring the building into ADA compliance there are a lot of renovations to be done. This application has been reviewed by the Planning Board and is before the Village Board in order to legalize the property. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to close 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 David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution on this matter: 2) CONSIDERING APPLICATIONS FOR SPECIAL PERMIT AND SITE PLAN APPROVAL FOR PROPERTY LOCATED AT 558 WESTCHESTER AVENUE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A SPECIAL PERMIT AND A SITE PLAN APPLICATION FOR PROPERTY LOCATED AT 558 WESTCHESTER AVENUE Board of Trustees Meeting September 11, 2012 Page 13 of 35 WHEREAS, Leonard Brandes ("Applicant") on behalf of property owner, Aventura Realty Corp., has made an application to the Village of Rye Brook for approval of a Special Use Permit and Site Plan to legalize existing offices and a parking lot on property located in the R-2F Zoning District at 558 Westchester Avenue, Section 135.83, Block 1, Lot 44 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: 1. Application for a Special Use Permit 2. Site Plan Application 3. Interior Building Permit Application 4. Short Environmental Assessment Form 5. Letter to the Planning Board dated July 26, 2012 from Leo Napior, Esq., Attorney for the property owner 6. Letter to the Board of Trustees dated August 15, 2012 from Leo Napior, Esq., Attorney for the property owner 7. Memorandum to the Rye Brook Zoning Board of Appeals dated February 29, 2012 prepared by Frederick P. Clark Associates, Rye, N.Y. 8. Record Zoning Location Map, Sheet RM-1, dated November 10, 2009 prepared by Ahneman Kirby, LLC, Riverside, CT 9. Architect's plans: Sheet SY-001, Site Plan, dated January 2012, revised 3/30/12; and Sheet A-100, Proposed Floor Plans, dated October 2010, revised 3/20/12 prepared by Leonard H. Brandes Architect, New York, N.Y. WHEREAS, on February 16, 2011 the Board of Trustees referred the application to the Planning Board for report and recommendation; and WHEREAS, on March 10, 2011 the Planning Board issued a report recommending that the application be referred first the Zoning Board of Appeals due to the Applicant's request for a use variance; and WHEREAS, on March 22, 2011 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determined the proposed action to be an Unlisted action to undergo an uncoordinated review and referred the application to the Zoning Board of Appeals; and WHEREAS, on August 2, 2011 the Zoning Board of Appeals granted a variance from Village Code §250-25(C)(3)(a) to permit access to public parking to be provided from Division Street rather than Westchester Avenue, but denied the Applicant's request for a use variance from Village Code §250-25(C)(3) to permit eight (8) professional persons to occupy the premises and denied the Applicant's Board of Trustees Meeting September 11, 2012 Page 14 of 35 request for a variance from Village Code §250-25(C)(3)(a) to permit seven (7) parking spaces where twelve (12) are required; and WHEREAS, in October 2011 the Applicant submitted an application to the Zoning Board of Appeals seeking an interpretation of Village Code §250-25(C)(3) in regard to the Building Inspector's determination that a use variance is required and alternatively, requesting a use variance to permit six (6) professional persons to occupy the premises, as well as a variance from Village Code §250-25(C)(3)(a) to permit seven (7) parking spaces where twelve (12) are required; and WHEREAS, on March 6, 2012 the Zoning Board of Appeals issued a decision upholding the Building Inspector's determination that a use variance is required; and WHEREAS, on March 26, 2012 the Applicant withdrew his request for a use variance; and WHEREAS, on April 3, 2012 the Zoning Board of Appeals granted a variance to permit seven (7) parking spaces where twelve (12) are required on the condition that all parking spaces shall be striped and improved as shown on Sheet SY-001 prepared by Leonard H. Brandes, Architect, dated January 2012; and WHEREAS, the Planning Board reviewed the application at its August 9, 2012 meeting and referred a report and recommendation to the Board of Trustees on August 9, 2012; and WHEREAS, on September 11, 2012, the Board of Trustees opened a public hearing on the subject application, 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 September 11, 2012; and WHEREAS, the Village Planning Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application; and WHEREAS, the Board of Trustees has considered the special permit standards set forth at Village Code §§ 250-6(H)(1)(c)(1), 250-6(H)(1)(c)(2), and 250-25(C)(3); and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. Board of Trustees Meeting September 11, 2012 Page 15 of 35 NOW, THEREFORE, BE IT 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 the Board of Trustees hereby finds with respect to the special permit standards set forth at Village Code §250- 6(H)(1)(c)(1), that the proposed use of the premises for four (4) professional persons is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts; and BE IT FURTHER RESOLVED, that with respect to the special permit standards set forth at Village Code §§250-6(H)(1)(c)(2) and 250-25(C)(3) the Board of Trustees hereby finds: 1. The location and use of the premises as professional office space by not more than four (4) professional persons, and the nature and intensity of the operations involved in or conducted in connection with it and its relation to streets giving access to it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood. 2. The location, nature and height of buildings, walls and fences and the nature and extent of landscaping on the site will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. 3. The proposed use provides off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use, as demonstrated by (i) the Parking Demand Study performed by the Applicant and reviewed by the Village's Planning Consultant and (ii) the granting of an off-street parking variance by the Zoning Board of Appeals. Further, the parking area is suitably screened from adjoining residential uses, and entrance and exit drives are laid out so as to prevent traffic hazards and nuisances. BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves a special permit as referenced herein authorizing use of the premises as professional office space for not more than four (4) professional persons, subject to the following conditions: Board of Trustees Meeting September 11, 2012 Page 16 of 35 1. No more than four (4) professional persons shall be permitted to lease, rent or otherwise occupy space within the premises. 2. The owner of the property shall submit to the Village annually, on or before January 10 of each year, demonstration of compliance with the conditions of the Special Permit. Demonstration shall consist of an affidavit including a list of the conditions of the special permit and a description of how the site or use conforms with such conditions. BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan amendment referenced herein for professional office space for use by no more than four (4)professional persons; and BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Rosenberg, 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 Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the third public hearing on the agenda: 3) PUBLIC HEARING TO CONSIDER APPLICATION FOR APPROVAL OF A SITE PLAN FOR TD BANK, NA AT PROPERTY LOCATED AT 101-5 SOUTH RIDGE STREET Mayor Feinstein noted that the applicant has requested an adjournment. With the consensus of the Board, the matter was adjourned to the October 30th meeting of the Board of Trustees. Board of Trustees Meeting September 11, 2012 Page 17 of 35 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the matter was adjourned to the October 30, 2012 Village Board of Trustees meeting. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the third resolution on the agenda: 3) CONSIDERATION OF AN APPLICATION FOR APPROVAL OF A SITE PLAN AMENDMENT AND WETLAND PERMIT REGARDING THE INSTALLATION OF A DIESEL POWERED EMERGENCY BACKUP GENERATOR FOR THE SLUICE GATE ON BOWMAN AVENUE Christian Miller, City Planner for the City of Rye, addressed the Board. He noted that the proposal is for a diesel back-up generator which has been deemed to be more efficient. The Village has access to diesel. The City of Rye accepts the conditions imposed by Rye Brook. Mr. Bradbury noted that the diesel generator makes sense. Mr. Miller stated that the generator will go in the same location as the one that was approved. Mayor Feinstein pointed out that the site plan application had been referred to the Planning Board. There are no planning issues involved with the diesel generator. Marilyn Timpone-Mohamed noted that a generator was approved and this new generator simply uses a different fuel. Mr. Miller noted that the generator has been delivered to the site, and the sluice gate will be delivered next week. Mr. Bradbury read the following resolution Board of Trustees Meeting September 11, 2012 Page 18 of 35 RESOLUTION (REVISED 09/11/2012) CONSIDERATION OF AN APPLICATION FOR APPROVAL OF A SITE PLAN AMENDMENT AND WETLAND PERMIT REGARDING THE INSTALLATION OF A DIESEL POWERED EMERGENCY BACKUP GENERATOR FOR THE SLUICE GATE ON BOWMAN AVENUE WHEREAS, the Village of Rye Brook Board of Trustees is in receipt of a request by the City of Rye ("Applicant") to amend the approved Site Plan, dated October 2011, last revised January 6, 2012, prepared by WSP Sells, Briarcliff Manor, NY, and obtain a Wetland Permit, to install diesel powered emergency back-up generator instead of the approved liquid propane generator, on property owned by the City of Rye but located within the Village of Rye Brook and the Town/Village of Harrison along the south side of Bowman Avenue and designated as Section 141.26, Block 1, Lot 2 on the Town of Rye Tax Map in the R-10 Zoning District and the Bowman Avenue Scenic Roads Overlay District ("Property"); and WHEREAS, the Board of Trustees has reviewed the following application materials: 1. Letter to Board of Trustees from David Weiss, P.E., WSP Sells, dated August 16, 2012 2. Site Plan, prepared by WSP Sells, Briarcliff Manor, NY, Drawing No. 4A2 of 26, dated February 2012 3. Mechanical and Controls Pad, prepared by WSP Sells, Briarcliff Manor, NY, Drawing No. 10A2 of 26, dated February 2012 4. Engineering Details regarding proposed generator 5. Memorandum from Michael J. Izzo, dated August 28, 2012 WHEREAS, on April 15, 2009 the City Council of the City of Rye approved a Resolution declaring itself to be Lead Agency for this Project pursuant to the New York State Environmental Quality Review Act ("SEQRA") based on its review of the Full Environmental Assessment Form ("EAF"), the criteria listed in 6 NYCRR 617.7(C), and other records, and adopted a Negative Declaration; and WHEREAS, due to the applicant's status as a municipality, the Village Board of Trustees considered a host of factors on September 27, 2011 pursuant to Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988), to determine whether it is in the best interests of the public for the Application of the City of Rye to be subject to the Village of Rye Brook's local land use regulations; and Board of Trustees Meeting September 11, 2012 Page 19 of 35 WHEREAS, on September 27, 2011, the Board of Trustees resolved that the Applicant shall be subject to the Village of Rye Brook's local land use regulations to the extent set forth in its September 27, 2011 Resolution; and WHEREAS, on September 27, 2011, the Board of Trustees resolved to retain approval authority for the City of Rye's applications for all aspects of the application; and WHEREAS, the Applicant currently seeks to amend the approved Site Plan and obtain a Wetland Permit to allow the installation of a diesel powered emergency back-up generator, instead of one powered by liquid propane, because the Sluice Gate will be operating only in times of severe weather and the City will be able to more readily control the availability and delivery of diesel fuel for the generator than it would in the case of liquid propane; and WHEREAS, Section 250-4(1)(B)(8) of the Village Code limits permanent standby backup generators in residential zoning districts to liquid propane or natural gas as fuel sources; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOVED, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and based upon the information stated in the Short Form EAF determines the proposed action to be a Type II Action pursuant to SEQRA for which no further environmental review is required; BE IT FURTHER RESOLVED, that for the reasons set forth in the Board of Trustees Resolution concerning the Sluice Gate, dated September 27, 2011, the Board of Trustees hereby reaffirms its prior determinations that: a. The Board of Trustees shall retain approval authority for all aspects of the application; b. All application, permit and professional consulting fees related to this Application are waived; and c. The City of Rye shall be required to comply to the greatest extent practicable with the zoning requirements of the R-10 District and the Scenic Roads Overlay District, however, to the extent such requirements cannot be met the Village Board of Trustees hereby determines that the City of Rye shall not be required to obtain a variance from the Village of Rye Brook Zoning Board of Appeals. Board of Trustees Meeting September 11, 2012 Page 20 of 35 BE IT FURTHER RESOLVED, that after consideration of the host of factors pursuant to Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988), due to the applicant's status as a municipality, to determine whether it is in the best interests of the public for the Application of the City of Rye to be subject to the Village of Rye Brook's local land use regulations, the Board of Trustees hereby finds that the application SHALL NOT be referred to the Planning Board for consideration of a report and recommendation and the application SHALL NOT be subject to a public hearing. BE IT FURTHER RESOLVED, that after consideration of the host of factors pursuant to Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988) the Board of Trustees hereby grants the site plans listed herein to install a diesel powered emergency back-up generator, for property known and designated on the tax map of the Village of Rye Brook Section 141.26, Block 1, Lot 2, shown on the set of plans listed above, upon the following conditions: 1. The applicant shall connect the generator to a monitoring station to notify the City of Rye of any problems with the generator, including any fuel or lubricating oil leakage detection or problems with the double- walled fuel-storage tank and associated piping; and 2. The applicant shall provide code-complaint vehicle impact protection (i.e. bollards) surrounding the generator; and 3. The applicant shall prepare and maintain a written Spill Prevention, Control, and Countermeasure (SPCC) Plan in accordance with all applicable Federal, State, and local regulations. Periodic inspections, made in accordance with Generac recommendations and the SPCC Plan should note any problems or issues associated with the base tank.; and 4. The following items (or approved equal) shall be included for the approved generator, (a) an audible fuel alarm; (b) a non-combustible, locking spill response box and cleanup station/kit; (c) external containment e-vent; (d) external primary tank e-vent; and 5. A gravel apron shall be extended outward from the slab perimeter 3-5 feet to dissipate increased runoff resulting from the slab expansion; and 6. The applicant shall locate the generator in such a manner to ensure that any venting of exhaust, or heat from the radiator, will not cause harm to new or existing trees and plants. 7. The outside case of the generator shall be supplied by the manufacturer in either dark gray, tan or green color; and 8. The applicant shall increase the height of the three (3) American Holly trees (Ilex opaca) shown on the approved landscape plan from 5.5-6 feet Board of Trustees Meeting September 11, 2012 Page 21 of 35 to 7-8 feet to help screen the additional height of the diesel generator; and 9. The above conditions shall be completed to the satisfaction of the Building Inspector and Director of Public Works/Engineer, and the final design and configuration of the generator and pad shall be in accordance with all applicable local, State and Federal rules and regulations; and. 10.The applicant shall at all times maintain the aesthetic appearance of the generator, tank and landscaping, including replacing distressed or dead landscaping, to the satisfaction of the Superintendent of Public Works/Engineering. BE IT FURTHER RESOLVED, that after consideration of the host of factors pursuant to Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988) the Board of Trustees hereby [GRANTS/DENIES] a Permit to Perform Regulated Activities in a Wetland for property known and designated on the tax map of the Village of Rye Brook as Section 141.26, Block 1, Lot 2, shown on the set of plans listed above, subject to the following conditions: 1. The Wetland Permit shall be valid for a period of one year from the date of this resolution, however, an extension of an original permit may be granted upon written request to the Board of Trustees by the original permit holder or his/her legal agent at least 90 days prior to the expiration date of the original permit. 2. The written Wetland Permit issued pursuant to this approval shall contain the following conditions pursuant to Section 245-11(B) of the Village of Rye Brook Code: a. Work conducted under a permit shall be open to inspection at any time, including weekends and holidays, by the approval authority, the Building Inspector, the Village Superintendent of Public Works/Engineer or their designated representatives. b. All permits issued under this chapter shall be void and of no effect after one year from the date of issue thereof, unless the work for which the permit was issued has been actually commenced and not been abandoned during that period. In such cases, the applicant may reapply for a wetlands permit from the approval authority in accordance with the provisions of this chapter. If the work for which the permit was issued has commenced within one year from the date of issuance of the permit, such permit may be renewed by the approval authority in accordance with the renewal provisions set forth at § 245-5(B)(7) of the Village Code. Board of Trustees Meeting September 11, 2012 Page 22 of 35 c. The permit holder shall provide written notification to the Village Superintendent of Public Works/Engineer and Village Building Inspector of the date on which the regulated activity is to begin at least five business days in advance of such date. d. The approval authority's permit shall be prominently displayed at the project site during the undertaking of any of the activities authorized by the permit. e. The boundaries of the regulated activity and all wetlands and watercourses shall be stated and appropriately marked in the field so as to make the boundaries visible. £ The permit, including all conditions, shall be binding on all successors and assignees of the permit holder. On a motion made by Trustee Heiser, and seconded by Trustee Marrow, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE AWARD OF CONTRACT #12-05 "RESURFACING TENNIS COURTS 1 & 2 PINE RIDGE PARK" Mr. Bradbury read the following resolution RESOLUTION CONSIDERING THE AWARD OF CONTRACT 12-05: "RESURFACING TENNIS COURTS 1 & 2 PINE RIDGE PARK" Board of Trustees Meeting September 11, 2012 Page 23 of 35 WHEREAS, the Village of Rye Brook has solicited bids for Contract 12- 05: "Resurfacing Tennis Course 1 & 2 Pine Ridge Park;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on August 17, 2012; and WHEREAS, at 10:00 a.m., Wednesday, September 5, 2012, all bids received were opened as summarized below: BIDDER Bid BID BOND Derosa Sports Construction, Inc.$27,200 Yes Hinding Tennis Courts $28,900 Yes Sport-Tech Construction $29,300 Yes Copeland Coating Comp., Inc. $31,000 Yes Oval Tennis Inc. $321200 Yes Mele Companies $34,500 Yes WHEREAS, upon reviewing the bid, the Village Administrator and Superintendent of Public Works have determined the lowest responsible bidder meeting the requirements of the contract document is Derosa Sports Construction, Inc. for the Bid price of$27,200. NOW THEREFORE BE IT RESOLVED, that contract 12-05: "Resurfacing Tennis Course 1 & 2 Pine Ridge Park;" is hereby awarded to Derosa Sports Construction, Inc. for the Bid price of$27,200; and be it FURTHER RESOLVED, that $7,200 shall be transferred from the Contingency Account to this Capital project account. FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Mr. Bradbury stated that the bids were very close. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Board of Trustees Meeting September 11, 2012 Page 24 of 35 Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING AUTHORIZING THE COUNTY OF WESTCHESTER BOARD OF ELECTIONS TO CONDUCT VILLAGE ELECTIONS Mr. Bradbury read the following resolution RESOLUTION CONSIDERING AUTHORIZING THE COUNTY OF WESTCHESTER BOARD OF ELECTIONS TO CONDUCT VILLAGE ELECTIONS WHEREAS, pursuant to New York State Election Law §15-104(c), the Board of Trustees may adopt a resolution, subject to permissive referendum, providing that Village of Rye Brook ("Village") elections shall be conducted by the County of Westchester Board of Elections; and WHEREAS, the next Village elections are scheduled to be held on March 19, 2013; and WHEREAS, villages in New York State may use the older lever-style voting machines through December 31, 2014; and WHEREAS, until recently the County of Westchester owned and maintained said voting machines used by the Village; and WHEREAS, due to the conversion by the County of Westchester from the older lever-style voting machines to the newer optical scan voting machines, the Village is now responsible for maintaining and repairing the lever-style voting machines, as well as training election inspectors; and WHEREAS, the Board of Trustees believes it is in the best interest of the Village for the County of Westchester Board of Elections to conduct all Village elections for reasons of efficiency, cost-savings to the Village and its taxpayers, and greater opportunity for consistency with the intent of the Help America Vote Act ("HAVA"). Board of Trustees Meeting September 11, 2012 Page 25 of 35 NOW, THEREFORE, BE IT RESOLVED that the Village elections shall be conducted by the Westchester County Board of Elections. BE IT FURTHER RESOLVED that Village elections will continue to be conducted in March. BE IT FURTHER RESOLVED that the transfer of the conduct of Village elections to the County of Westchester Board of Elections is hereby subject to a permissive referendum pursuant to the provisions of Article 9 of the Village Law of the State of New York. Trustee Rosenberg noted that he was not in attendance at the last meeting, but he has reviewed the videotape. Mr. Bradbury noted that an advertisement must be placed in the newspaper. He also noted that the Village was aware that the new machines would replace the old ones. It was just a matter of timing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING THE AUTHORIZATION OF A BOND ANTICIPATION NOTICE Mr. Bradbury read the following resolution: A RESOLUTION AUTHORIZING THE ISSUANCE OF $467,775 BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER Board of Trustees Meeting September 11, 2012 Page 26 of 35 COUNTY,NEW YORK,TO PAY THE COST OF VARIOUS CAPITAL PURPOSES,IN AND FOR SAID VILLAGE. WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such purposes. NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For the purpose of paying the cost the objects or purposes hereinafter set forth in this bond resolution, including, in each instance, incidental expenses in connection therewith, there are hereby authorized to be issued $467,775 bonds of said Village pursuant to the Local Finance Law. The bonds authorized shall be apportioned among the objects or purposes set forth in Section 2 hereof in accordance with the estimated maximum cost of each as set forth therein. Section 2. The objects or purposes to be financed pursuant to this bond resolution are as follows: (a) the acquisition of a police car video system, a specific object or purpose, at an estimated maximum cost of$25,275 the plan for the financing thereof is by the issuance of the $25,275 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision twenty-five of paragraph a of Section 11.00 of the Local Finance Law; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; Board of Trustees Meeting September 11, 2012 Page 27 of 35 (b) the replacement of a John Deere mower, a specific object or purpose, at an estimated maximum cost of$40,000; the plan for the financing thereof is by the issuance of the $40,000 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision twenty-eight of paragraph a of Section 11.00 of the Local Finance Law, as the item shall have a cost of at least thirty thousand dollars; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (c) the replacement of a leaf loader, a specific object or purpose, at an estimated maximum cost of $38,000; the plan for the financing thereof is by the issuance of the $38,000 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision twenty-eight of paragraph a of Section 11.00 of the Local Finance Laws, as the item shall have a cost of at least thirty thousand dollars; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (d) the acquisition of a pickup truck for construction and maintenance purposes, a specific object or purpose, at an estimated maximum cost of$24,500; the plan for the financing thereof is by the issuance of the $24,500 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision twenty-eight of paragraph a of Board of Trustees Meeting September 11, 2012 Page 28 of 35 Section 11.00 of the Local Finance Law, as the item shall have a cost of in excess of fifteen thousand dollars; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (e) the construction or reconstruction of sidewalks, including sidewalks on King Street, a class of objects or purposes, at an estimated maximum cost of $80,000; the plan for the financing thereof is by the issuance of the $80,000 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years pursuant to subdivision twenty-four of paragraph a of Section 11.00 of the Local Finance Law, the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (f) hardware and software for records management, a class of objects or purposes, at an estimated maximum cost of $150,000; the plan for the financing thereof is by the issuance of the $150,000 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision seventy-two of paragraph a of Section 11.00 of the Local Finance Law, the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; (g) hardware and software for information system improvements, a class of objects or purposes, at an estimated maximum cost of$110,000; the plan for Board of Trustees Meeting September 11, 2012 Page 29 of 35 the financing thereof is by the issuance of the $110,000 of the $467,775 bonds authorized by this resolution; it is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision eighty-nine of paragraph a of Section 11.00 of the Local Finance Law, as each item will have a period of probable usefulness of at least five years under one or more of subdivisions 32, 52, or 72 of said paragraph a; the maximum maturity of the bonds authorized is limited to five years, and that the foregoing is not an assessable improvement; Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or Board of Trustees Meeting September 11, 2012 Page 30 of 35 facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, the Village Treasurer shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring Board of Trustees Meeting September 11, 2012 Page 31 of 35 bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in summary in The Westmore Nei vs, a newspaper having general circulation in said Village, Board of Trustees Meeting September 11, 2012 Page 32 of 35 together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was approved. Mr. Bradbury stated that the Village is in a very favorable financial position. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 28TH ANNUAL JARDEN WESTCHESTER TRIATHLON Mr. Bradbury read the following resolution RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE ANNUAL JARDEN WESTCHETSER TRIATHLON RESOLVED, that the Jarden Westchester Triathlon is authorized to use the Village of Rye Brook streets for the Jarden Westchester Triathlon on Sunday, September 23, 2012, requested in a letter received September 7, 2012; and be it Board of Trustees Meeting September 11, 2012 Page 33 of 35 FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mr. Bradbury noted that Village streets have been previously used for this event. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye With the concession of the Board, an additional resolution was added: 8) CONSIDERING AN APPOINTMENT TO THE BOARD OF ASSESSMENT REVIEW Mr. Bradbury read the following resolution: CONSIDERING AN APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW WHEREAS, there is an existing agreement between the Town of Rare and the Villages of Rye Brook and Port Chester, describing the method of appointment for members of the Town of Rye Board of Assessment Review; and WHEREAS, in accordance with this agreement, the Village of Rye Brook desires to re-appoint Milton Meiskin to serve a five (5) year term on the Town of Rye Board of Assessment Review as the Rye Brook Designated Member. Board of Trustees Meeting September 11, 2012 Page 34 of 35 NOW THEREFORE BE IT RESOLVED, that the Village of Rve Brook Board of Trustees hereby appoints Milton Meiskin of 53 Country Ridge Circle, Rye Brook, NY, to serve as the Rye Brook Designated Member to the Board of Assessment Review (BAR) for a term of five (5) years, which term begins on October 1, 2012 and will expire on September 30, 2017, in accordance with the inter-municipal agreement among the Town of Rye, the Villages of Rye Brook and Port Chester. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that road resurfacing was delayed a little bit, but work will continue. He also noted that the fire hydrants will be flushed this week. Additional information can be found on the Village's website. Mayor Feinstein noted that the next meeting for the Board of Trustees was scheduled for Monday, September 24th Mayor Feinstein called for members of the public wishing to address the Board. There being no one, and no additional business before the Board, she called for a motion to go into Executive Session. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned at 10:05 p.m. and the Board went into Executive Session to discuss contract negotiations. Board of Trustees Meeting September 11, 2012 Page 35 of 35