Loading...
HomeMy WebLinkAbout2007-02-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 27, 2007-7:30 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS 1) Continuation of a Public Hearing on the Site Plan application submitted by K&M Realty, LLC for development on Bowman Avenue, Section 1, Block 22, Lots 2B and 2B2 2) Public Hearing on applications to amend an approved site plan and issue a Special Use Permit to install an attached wireless telecommunications facility at 4 International Drive, Reckson Executive Park, submitted by New Cingular Wireless on behalf of Reckson Partnership, LP RESOLUTIONS: 1) Public Hearing on applications to amend an approved site plan and issue a Special Use Permit to install an attached wireless telecommunications facility at 4 International Drive, Reckson Executive Park, submitted by New Cingular Wireless on behalf of Reckson Partnership, LP 2) Referring a Special Use Permit application for St. Mary's Cemetery to the Planning Board for review and comment 3) Considering an addendum to the Lease Service Agreement for copiers at Village Hall 4) Considering a change in the AJP Community Center Building Use Policy and Fee Schedule Board of Trustees Meeting February 27,2007 Page 1 5) Considering the authorization of settlement for Wachovia Corporation for the Village tax years 2003 and 2004 6) Considering the authorization of equipment purchase from the Recreation Trust 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 TRUSTEES MEETINGS: March 13, 2007 and March 27, 2007 BOARD Mayor Lawrence A. Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Pat Sanders Romano Trustee Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE: Mayor Lawrence Rand called the February 27, 2007 Regular Meeting of the Board of Trustees to order. He noted that the first matter addressed at the meeting would be a report on the recent study that the Board of Trustees commissioned regarding a Village library. Board of Trustees Meeting February 27,2007 Page 2 PRSENTATION OF LIBRARY STUDY Mayor Rand gave a brief history of the Village of Rye Brook, beginning with the fact that Rye Brook was incorporated as a Village in 1982. At that time Rye Brook picked up the obligation for the partial funding of the Port Chester Public Library, with Port Chester picking up about 70% of the operating budget. Over a period of time, there was really never a study done of this relationship and what it means. At one point, around 1984-1985, two years after Rye Brook's founding and with the Town's financial obligation being assessed by the Village, a request was made by the Board of Trustees that the name of Rye Brook be added to the name of the library's name. Twenty-five years have now past since that request. This library serves both communities. This study reviewed the relationship between Rye Brook and the Port Chester Public Library. It was noted that one of the objectives was to ensure that the residents of Rye Brook receive cost-effective library services. The Board of Trustees commissioned Pace University to give the Village some options. Mayor Rand introduced Brian J. Nickerson, Ph.d., J.D., Lester D. Steinman, Esq., and Michael Nucome of Pace University, the Michaelian Institute for Public Policy and Management. The meeting was turned over to Dr. Nickerson. Dr. Nickerson began by noting that this was a fact-finding mission. The existing relationship was reviewed, as was the possibility of constructing a library for the Village of Rye Brook. The report was separated into sections that include legal, financial, and general. He called upon Mr. Steinman to review the legal portion. Lester D. Steinman, Esq. noted that the options open to Rye Brook would be to establish its own public library, continue to contract with the Port Chester Public Library, contract with another municipality and public library in Westchester, or contract with the public library located in Greenwich, Connecticut. The key findings of the study were reviewed. Mr. Steinman stated that the Village of Rye Brook does have the option of establishing its own public library. The library must be chartered and registered by the New York State Board of Regents, and it must meet the requirements as set forth by New York State. Once approved, the Village library would be eligible to join the County's system. Membership in the Westchester Library system would continue to provide residents with the same level of service that they have come to expect. Board of Trustees Meeting February 27,2007 Page 3 Another option would be to continue the contract with the Port Chester Public Library. This contract provides the residents with free public access to all other Westchester County library services. The third option would be for the Village to contract with another library system or university library. However, this option raises issues of compliance since the State permits contracts between municipalities that are contiguous communities, such as Port Chester. Some of the other libraries that are fairly close to Rye Brook were reviewed: Purchase, Greenwich, Rye and Harrison. It is important to note that Westchester County Library System, which includes all 38 registered and chartered public libraries, has a code that needs to be followed. If Rye Brook were to consider a contract with the Town of Greenwich, it would be subject to review and approval by New York State. The Village of Rye Brook has the authority to establish and fund the operation of a Village Public Library. If Rye Brook created its own public library, it would be managed by a Board of Trustees appointed by the Village Board. To be eligible for State and local funding that library must be chartered and registered by the New York State Board of Regents. In order to be chartered and registered by the Board of the Regents, the library must meet the standards of service and minimum staff and resource requirements that are set forth in the Department of Education regulations. There are also financial considerations to be reviewed. The present compensation under the existing agreement falls below the Westchester Library System's average per capita rate for such contracts as set forth in the library system's plan of service. The average per capita rate is no less than the average per capita expenditure for library expenses for all public libraries in the county. When considering the construction of a new library in Rye Brook, you must take into consideration the New York State contract laws. It would be expected that the library would be approximately a 16,000 square foot library. Two municipalities in Westchester that are constructing libraries are Ossining and Briarcliff. Commercial space in Rye Brook is going for around $35.00 per square feet. A 10,000 square foot library, which is small, would cost approximately $350,000 for the lease of the building in the Rye Brook area. The operating costs of Westchester libraries were reviewed and it was found that the average is $644,000 to $762,000, according to the levels of service. Board of Trustees Meeting February 27,2007 Page 4 Dr. Nickerson introduced the two (2) graduate students who were vital in the collection of the data. He then reviewed some of the data for the Board. He noted that there were 3,573 Rye Brook residents that are library cardholders. When equating that number to the number of cardholders at the Port Chester Public Library, it was found that 27% of cardholders are Rye Brook residents. Additionally, it was found that Rye Brook and Port Chester residents account for approximately 225 active cardholders in the past twelve months. The attendance at programs was also researched and reviewed, and it was found that Rye Brook residents do avail themselves of these programs. Reviewing the library's annual reports, and comparing these to surrounding libraries' reports, the library fares pretty well. The Port Chester Library has the I 91 lowest operating expenditures and it serves the sixth largest population — 36,500 residents. The library also fares pretty well with respect to materials, the level of satisfaction of materials and staff, and seating. Mayor Rand noted that there has been a great deal of discussion on this matter. He stated that from a purely cost effective basis, it has been found that the Port Chester Public Library is a bargain for the residents of Rye Brook and for the Port Chester community. However, one of the things that struck the Mayor was that, in terms of pure per capita number, which is the statistics the "WLS" uses in determines adequate library services for residents, Rye Brook residents are paying substantially more than Port Chester residents. Mayor Rand noted that the library contract is renewed annually. He felt that the study would be incredibly helpful in making a decision for the next contract year. He thanked the members of Pace University for a terrific job and a very helpful report. Mayor Rand also thanked the members of the Library Board for their assistance in gathering information for this study. The members of the Board of Trustees reviewed the study and a discussion about accuracy of numbers, per capita costs, usage percentages, costs in connection with creating a library, the possibility of a virtual library, and the connection to the Westchester Library System. In order to establish its own library, Rye Brook would need to follow a specific process. The initial step would be the adoption of the legislation by the Village Board or through a public referendum to establish a library. Then there would be Trustees appointed and an application for provisional chartering. Then, in order to be fully chartered and registered with the Board of Regents, Rye Brook would need to satisfy them that the Village is providing sufficient facility, services, equipment to serve the community. There are specific criteria that would need to be met. There are other criteria that would need to be followed, i.e. hours of Board of Trustees Meeting February 27,2007 Page 5 operation. It would be unlawful for Rye Brook to start a library that was not chartered. Mayor Rand turned to members of the public for questions and comments. As there were no questions, and no further comments from the members of the Board, Mayor Rand thanked everyone for their work on the study. This study will be posted on the Village's website for anyone wishing to review it. Mayor Rand called for the first matter on the agenda under public hearings. PUBLIC HEARINGS 1) CONTINUATION OF A PUBLIC HEARING ON THE SITE PLAN APPLICATION SUBMITTED BY K&M REALTY, LLC FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 221 LOTS 2B AND 2B2 Mayor Rand declared the public hearing opened at 8:12 p.m. Mr. Christopher Bradbury noted that before the Board was a continuation of the public hearing for a site plan application from K&M Realty, LLC. He stated that the Planning Board had submitted its recommendation with a series of conditions. The application is for ten (10) housing units. In additional, the applicant has proposed the donation of a parcel of land to be used as parkland. The Wetland permit application has been reviewed with the Planning Board. The applicant was called upon for his presentation. Mr. Kip Konigsberg, applicant, noted that Mr. Bradbury's presentation was very accurate. He stated that now that the Planning Board's recommendation have been received, along with the comments from the Village's staff, consultants and Village Board, all comments will be combined and the final decisions will be made with respect to the peninsula section, the ten (10) residential units, and the parkland. Trustee Feinstein requested an update on the conditions, especially how they relate to the fact that no variances are needed for this construction. Trustee Sanders Romano agreed that no variances were necessary. She questioned why some of the conditions were placed on the approval if no variances are required. Board of Trustees Meeting February 27,2007 Page 6 Marilyn Timpone Mohamed, Village Consultant, noted that the Planning Board expended a lot of time and energy reviewing this application. There was an extensive environmental review of the property. Some of the items that the Planning Board was concerned about generated some of the conditions and recommendations, in connection with both the residential unit development and the parkland development. There was a concern that because of the size and location of the peninsula, and the size of the houses proposed to be constructed, that the property was pretty much built out. As a result, the Planning Board wanted to make sure that moving forward that any changes to the site plan would not generate any requests for variances because now the units fit very nicely into the proposed lots. Some of the concerns expressed by the Planning Board included an appropriate construction management plan, steep slopes, storm water management, parking and the access and security to the park area. There are also safety issues to be reviewed, such as improvements that are proposed for the water's edge, such as stabilization of the steep slopes. Trustee Feinstein noted that one of the areas discussed was emergency service access. At this time all concerns in this area have been satisfied. Trustee Sanders Romano noted that many of the recommendations should be part of the Homeowners' Association's by-laws. The Homeowner's Association must continue to preserve the environment as it was developed. Mr. Bradbury asked the applicant which property would be owned by the Homeowner's Association and which property was owned by the residents. Mr. Konigsberg noted that the homeowners would be responsible for their deck, driveway and house. Maintenance issues will be addressed by the Homeowner's Association. There will be guidelines for repairs to the units. There are restrictive covenants that reflect the restrictions. Mr. Konigsberg reviewed the conditions placed by the Planning Board. Some areas still require discussions between the applicant and the Board of Trustees. Trustee Rosenberg noted that he was at a loss for understanding why the Architectural Review Board was required to review this application now, after the lengthy and thorough review by the Planning Board. Ms. Timpone Mohamed noted that the issue was that the Planning Board has only reviewed sketches. It was noted that after site plan approval, the application would need to go to the Architectural Review Board. Board of Trustees Meeting February 27,2007 Page 7 Mr. Michael Izzo, Building Inspector, submitted a memorandum in which he addressed the construction of a fence, which separates the units from the water. The question is whether the fence should be 4' or 6' in height. Ms. Timpone Mohamed noted that there was a concern about when the park might be developed. The general consensus was that it should be done simultaneously with the development of the residential units. The Trustees felt that the liability of a park near the water's edge must be reviewed. Mr. Konigsberg pointed out that if someone wants to get over a fence, they will. Mayor Rand felt that the fence should mesh with the area. A little bit of a barrier would be helpful in protecting young children. Accidental slip and falls need to be avoided and, therefore, some kind of a barrier needs to be constructed. The fence could be enhanced by plantings. It was noted that the units are modular units. The intention would be to set the units in August before school is back in session. Basically, all the site work will be done by that time. The Construction Management Plan will be reviewed with the School Board. Mr. Bradbury noted that the public hearing should be continued until the point that all of the issues have been resolved. The dialogue with the Planning Board will continue. 2) PUBLIC HEARING ON APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND ISSUE A SPECIAL USE PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE, RECKSON EXECUTIVE PARK, SUBMITTED BY NEW CINGULAR WIRELESS ON BEHALF OF RECKSON PARTNERSHIP, LP Mr. Bradbury noted that this was the public hearing on the application. This matter was referred to the Planning Board and the Technology and Communications Commission. The Board of Trustees has received recommendations from each of these groups. Daniel M. Laub, Esq., from Cuddy and Feder, addressed the Board as the legal counsel for the applicant. He noted that the applicant was before the Board in connection with the Special Permit and amended Site Plan Board of Trustees Meeting February 27,2007 Page 8 approval for a wireless facility attached to 4 International Drive in Reckson Park. It was noted that Reckson Office Park is located in an OBI Office District. The application was originally submitted in August of 2006 and, as Mr. Bradbury noted, it has been reviewed by the Planning Board and the Technology and Communications Commission. Recommendations were made, and a site visit has been completed. Mr. Laub reviewed the proposed facility. He noted that there would be 12 panel antennas constructed on the rooftop of the building located within the Reckson Office Park. Also proposed at this location would be electronic computer equipment on the rooftop, and the applicant has addressed the issue of screening for this equipment with a visual submission submitted for this facility. This facility is proposed for a need that exists on King Street. There is another site that Cingular operates to the North of the airport, as well as being co-located on the facility being constructed on Village property, adjacent to the Village Hall. The Reckson facility is a commercial installation, to be constructed on a commercial building. The proposed facility is an unmanned facility. It is proposed for the building that is the furthest from King Street, meets all FCC regulations, and will not create any smoke, noise, or additional impervious surfaces. Overall this facility is in conformity with Village's regulations, and no variances are required. This is a preferred location for Cingular. Anthony Gioffre, Esq., co-counsel from the law firm of Cuddy and Feder, noted that the owner of the property is Reckson. There is a lease for this wireless facility. He also noted that there would be very little visual impact as a result of this facility, which is being proposed for construction on the building adjacent to Bellefair. The engineer on behalf of Cingular Wireless, Mr. Shahed Husain, noted that the Bellefair community is next door, but it is over 300' away from the facility. In addition, Bellefair is at a higher in elevation than the Reckson building. He also pointed out that this facility would benefit the coverage for the residents of Bellefair. Mayor Rand introduced the Village's consultant, Mr. Michael Musso, who reviewed his findings for the Board. He noted that a report was submitted to the Village dated January 26, 2007. He pointed out that this is a roof top installation with twelve panel antennas at a maximum height of 51 feet. Nothing is proposed to protrude above the highest point of the penthouse, and the 250 square foot equipment area will be screened. A site visit was conducted, and additional information was provided based on comments received from the Planning Board and Technology and Communication Commission. At this time the application is complete. Board of Trustees Meeting February 27,2007 Page 9 Mr. Laub noted that this is a high-preference site for Cingular. The report that has been submitted to the Board of Trustees addresses visual impacts, FAA requirements, alternate sites, operations and services, screening for the equipment cabinet, gap coverage, and a structural analysis. Mayor Rand called for additional comments from members of the public and/or members of the Board. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the first resolution on this matter: RESOLUTIONS: 1) CONSIDERING APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND ISSUE A SPECIAL USE PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE, RECKSON EXECUTIVE PARK, SUBMITTED BY NEW CINGULAR WIRELESS ON BEHALF OF RECKSON PARTNERSHIP, LP Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND ISSUE A SPECIAL PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE Board of Trustees Meeting February 27,2007 Page 10 SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC ON BEHALF OF RECKSON OPERATING PARTNERSHIP, LP WHEREAS, New Cingular Wireless PCS, LLC submitted applications to the Village of Rye Brook on behalf of the property owner Reckson Operating Partnership, LP, or its successors, to amend an approved site plan and obtain a special permit to add an attached telecommunications facility to the roof of Building #4, International Drive, Reckson Office Park, Rye Brook, New York, in the OB-1 Zoning District and the King Street Scenic Roads Overlay Zoning District; and WHEREAS, the Village Board of Trustees is the Approval Authority for the application in accordance with Section 209-1.A (1) of the Village Code; and WHEREAS, the Village Board of Trustees has received and reviewed the information submitted by the Applicant in connection with the application, as follows: Site plan and special permit applications, an exterior building permit application, a Full EAF (Parts 1 and 2), a letter of transmittal prepared by Cuddy and Feder, LLP dated August 30, 2006, a visual analysis prepared by Creative Visuals, Inc., binders of supporting exhibits and the following plans prepared by Dewberry-Goodkind, Inc., Mount Laurel, NJ: Sheet Number Sheet Title Date TO1 Title Sheet rev. 3/16/06 ZO1 Site Plan rev. 3/16/06 Z02 Roof Plan c&Antenna Specifications rev. 3/16/06 Z03 Equipment Layout rev. 3/16/06 Z04 Utility Routing Layout on Third Floor rev. 3/16/06 Z05 Elevation Views rev. 3/16/06 Z06 Vicinity Map rev. 3/16/06; And, WHEREAS, the subject application was referred to the Westchester County Department of Planning for notification only; and WHEREAS, on February 27, 2007 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 Board of Trustees Meeting February 27,2007 Page 11 to said application and the public hearing was closed on February 27, 2007; and WHEREAS, the Board of Trustees reviewed the report and recommendations of the Village Planning Board, the Rye Brook Technology and Communications Commission and the consulting firm of HDR/LMS, the Village planning consultant and Village staff; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, acting as Lead Agency for environmental review of the application under SEQRA, determines the proposed modifications to the approved site plan to be minor in nature and adopts a Negative Declaration hereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the applications submitted by New Cingular Wireless PCS, LLC on behalf of the property owner Reckson Operating Partnership, LP, to amend an approved site plan and obtain a special permit to add an attached telecommunications facility to the roof of Building #4, International Drive, Reckson Office Park subject to the following conditions: 1. The special permit will be valid for a term of five (5) years from the date of issuance. 2. Removal of all existing non-operational antennas from the roof of 4 International Drive. 3. Installation of FCC approved signage at point of entry to the roof and in the vicinity of the equipment cabinets and any other area required by the FCC. 4. Review and approval by the Village Engineer of all colors and textures of all proposed equipment. Trustee Feinstein reviewed some of the conditions made by the Planning Board. She noted that one condition, #3, which was included in the proposed resolution was not approved by the Planning Board. Therefore, Board of Trustees Meeting February 27,2007 Page 12 she asked that it be deleted from the resolution. It was noted that the Board of Trustees is the final approval authority. A motion to strike condition #3 was made by Trustee Feinstein, and seconded by Trustee Rosenberg. Mr. Burke called the roll: TRUSTEE BROWN VOTING NAY TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING NAY MAYOR RAND VOTING NAY Mayor Rand then called for a motion to adopt the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Roman, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING NAY TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE 2) REFERRING A SPECIAL USE PERMIT APPLICATION FOR ST. MARY'S CEMETERY TO THE PLANNING BOARD FOR REVIEW AND COMMENT Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees Meeting February 27,2007 Page 13 REFERRING A SPECIAL USE PERMIT APPLICATION FOR ST. MARY'S CEMETERY TO THE PLANNING BOARD FOR REVIEW AND COMMENT WHEREAS, the Board of Trustees is the approval authority for Special Use Permits; and WHEREAS, the applicant has submitted an application for a Special Use Permit to operate a cemetery and mausoleum located at South Ridge Street, Section 141.5 1, Block 1, Lot 1 in an R2-F zone; and WHEREAS, the Board of Trustees recognizes that a special use permit is required pursuant to §250-6(H). NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby refers this application for a Special Use Permit to the Planning Board for a report and recommendation on the special use permit and should be considered in conjunction with the report and recommendation already being conducted by the Planning Board on the site plan. Mr. Bradbury noted that this matter is currently before the Planning Board for a site plan review. Anthony Gioffre, Esq., legal counsel for the applicant, noted that this application was filed approximately two (2) years ago. Originally the application was made for site plan review, however, as a result of changes to the Village Code, the matter must now be reviewed by the Board of Trustees and the Planning Board. A review was made, and no Special Use Permit was found. Edward Beane, Esq., legal counsel for the Village, noted that a Special Use Permit is needed. It must be a religious use. Mr. Gioffre noted that case law has been submitted to show how this is a religious use. Mayor Rand noted that the Village is not contesting this information. On a motion Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE Board of Trustees Meeting February 27,2007 Page 14 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERING AN ADDENDUM TO THE LEASE SERVICE AGREEMENT FOR COPIERS AT VILLAGE HALL Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN ADDENDUM TO THE LEASE SERVICE AGREEMENT FOR COPIERS AT VILLAGE HALL WHEREAS, on April 27, 2004 the Village entered into a lease and service agreement with American Digital Imaging for four (4) copiers for sixty (60) months at a monthly lease and maintenance price of$982.67; and WHEREAS, the Village of Rye Brook staff request three (3) copiers be retrofitted with additional equipment to provide scanning capabilities for enhanced record retention and management. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook is authorized to enter into a lease addendum for the remaining 29 months of said lease for an additional cost of$106.24 per month; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish this addendum. On a motion Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 27,2007 Page 15 4) CONSIDERING A CHANGE IN THE AJP COMMUNITY CENTER BUILDING USE POLICY AND FEE SCHEDULE RESOLUTION CONSIDERING A CHANGE IN THE AJP COMMUNITY CENTER BUILDING USE POLICY AND FEE SCHEDULE RESOLVED, that the use of the Anthony J. Posillipo Community Center and availability of a Village employee fees for rental are as follows: RESIDENT UP TO 2 HRS UP TO 3 HRS UP TO 4 HRS Multi-Purpose Room $350 $450 $550 (Without Kitchen) Multi-Purpose Room $450 $550 $650 (With Kitchen) Security Deposit $250 $250 $250 NON-RESIDENT Multi-Purpose Room $450 $550 $650 (Without Kitchen) Multi-Purpose Room $550 $650 $750 (With Kitchen) Security Deposit $250 $250 $250 Board of Trustees Meeting February 27,2007 Page 16 An overtime fee of$75 per hour or part thereof shall be imposed on all activities/events that persist beyond four hours. An additional hourly fee shall be imposed on all activities/events in which alcoholic beverages are being served. This fee shall be paid at the conclusion of the event. There is a three hour minimum for all parties involving alcoholic beverages. Civic Associations $25.00 per hour Non Profit Organizations $25.00 per hour Local Groups $25.00 per hour School Groups $25.00 per hour; and BE IT FURTHER RESOLVED, that the Board of Trustees amend the Anthony J. Posillipo Center Building Use Policy to reflect that an off duty Police Officer must be present at parties in which alcoholic beverages are served. Mr. Bradbury noted that this resolution amends the fee schedule, the youth policy, and adds the requirement that an off-duty police officer must be at an event when alcohol is served. Trustee Rosenberg questioned what the fee was for the police officer. Mr. Bradbury noted that the rate of pay for the police officer is included in Rye Brook's policy. The Village is making sure that everyone understands that this is an additional fee, charged on top of the fee for the rental of the center. It was clarified that the only alcohol allowed is beer and wine. On a motion Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 27,2007 Page 17 5) CONSIDERING THE AUTHORIZATION OF SETTLEMENT FOR WACHOVIA CORPORATION FOR THE VILLAGE TAX YEARS 2003 AND 2004 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF SETTLEMENT FOR WACHOVIA CORPORATION FOR VILLAGE TAX YEARS 2003 AND 2004 WHEREAS, the Village received from Special Tax Counsel and the own Assessor recommendation for a settlement of property located at 243 South Ridge Street. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook hereby authorizes settlement for assessed values for the years 2003 and 2004 from $31,000 to $29,800 and $31,000 to $28,400 respectfully; and BE IT FURTHER RESOLVED, the Village authorizes a $712.91 refund of Village taxes to Wachovia Corp. for said tax years based on reduced assessed values. Trustee Rosenberg felt that the re-evaluation was supposed to do away with any tax Certs, and yet the Village was now refunding monies. Mr. Bradbury pointed out the years referred to in the resolution. He also noted that this was a good decision. On a motion Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 27,2007 Page 18 6) CONSIDERING THE AUTHORIZATION OF EQUIPMENT PURCHASE FROM THE RECREATION TRUST Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF EQUIPMENT PURCHASE FROM THE RECREATION TRUST WHEREAS, the Village solicited four price quotes to purchase stainless steel countertops, refrigerators and cabinets for the concession stand at the Rye Brook Athletic Fields; and WHEREAS, the low quote for the desired equipment was $16,386 from M Tucker Co. NOW THEREFORE BE IT RESOLVED, the Village Board of Trustees authorizes the transfer of funds from the Recreation Trust in order to purchase the desired equipment. On a motion Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury noted that the screening on the athletic fields was complete, and the issue of the electricity supplied to the equipment shed has been resolved. There was no new or old business to be discussed by the Board. Mayor Rand called for members of the public wishing to address the Board. There being no one, he adjourned the meeting, noting that the Board would be going into an Executive Session. Board of Trustees Meeting February 27,2007 Page 19