Loading...
HomeMy WebLinkAbout2007-07-24 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 24, 2007-7:30 P.M. AGENDA 7:00 PM— Executive Session— Negotiations and Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1) Public Hearing on a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding new stop signs at certain intersections in the Village. RESOLUTIONS: 1) Considering a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding new stop signs at certain intersections in the Village. 2) Considering the Site Plan application submitted by K&M Realty Group, LTD for development on Bowman Avenue west of South Ridge Street, Rye Brook, Section 1, Block 22, Lots 2B and 2132 3) Considering a Site Plan submitted by K&M Realty Group, LTD for development of a passive park on Bowman Avenue west of South Ridge Street, Rye Brook, Lots 2B and 2132, Block 22, Section 1 4) Considering an agreement with Granicus, Inc. for streaming video authorizing a budget transfer Board of Trustees Meeting July 24,2007 Page 1 5) A resolution authorizing the issuance of $121,000 bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the acquisition of a new dump truck in and for said Village. 6) Considering the award for the Selected Street Tree Pruning/Removal Services Contract No. 07-01. 7) Considering an approval of a lease agreement with Fleetwood Financial for police radio and telephone recording equipment. 8) Authorizing the Village of Rye Brook to work with Westchester County regarding a joint Stormwater Phase II Implement Grant. 9) Supporting the continued discussion of a potential Legacy Program application for recreational facilities. 10)Considering the authorization of use of Village Streets for Win Ridge Realty, LLC, to conduct their annual holiday parade. 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: August 14 and August 28, 2007 BOARD: Mayor Lawrence Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Board of Trustees Meeting July 24,2007 Page 2 STAFF: Christopher Bradbury, Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel David Burke, Assistant to the Village Administrator Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Rand welcomed everyone to the July 24, 2007 Regular meeting of the Board of Trustees. He noted that there was one (1) public hearing on the agenda, and ten (10) resolutions. He addressed the first matter on the agenda, the public hearing on the installation of new stop signs within the Village. It was noted that the Traffic Commission has reviewed and made recommendations for the installation of eight (8) new stop signs within the Village. The Police and Highway Departments have been notified of the intersections. PUBLIC HEARINGS: 1) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW STOP SIGNS AT CERTAIN INTERSECTIONS IN THE VILLAGE. Mayor Rand declared the public hearing open. He noted that the Traffic Commission has made a recommendation that includes several stop signs at intersections around the Village. The recommendations have been presented to the Police Department. Upon further review it was found that several of the recommended stop signs were already in the Village Code, but no stop signs had been installed. The Highway Department has been notified and those stop signs will be erected shortly. Mayor Rand noted that stop signs at Beacon Lane, Wilton, and Meadowlark were open for discussion. Trustee Paul Rosenberg noted that there is a stop sign on Meadowlark, and he felt that an additional stop sign on the street should not be erected. Trustee Joan Feinstein noted that there was some confusion over this stop sign, and she agreed that it should be removed from the Traffic Commissions' recommendations. Board of Trustees Meeting July 24,2007 Page 3 Mayor Rand called for members of the public wishing to address this matter. There being no one, he called for a motion to close the public hearing. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Rosenberg, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, called the roll: 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 resolution on this matter. 1) CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW STOP SIGNS AT CERTAIN INTERSECTIONS IN THE VILLAGE. Mr. Bradbury read the following resolution: CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO ADD NEW STOPS SIGNS AT CERTAIN INTERSECTIONS IN THE VILLAGE WHEREAS, the Village of Rye Brook Traffic Commission has requested that Chapter 240 of the Code of the Village of Rye Brook be amended to add new stop signs at certain intersections in the Village of Rye Brook; and WHEREAS, a local law has been proposed to amend Ch. 240 to add new stop signs at certain intersections in the Village of Rye Brook; and Board of Trustees Meeting July 24,2007 Page 4 WHEREAS, on July 24, 2007 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on July 24, 2007. NOW, THEREFORE, BE IT RESOLVED, the amendments to Chapter 240 of the Code of the Village of Rye Brook regarding additional stop signs at certain intersections are hereby adopted. Trustee Rosenberg made a motion to remove the proposed stop sign at Meadowlark Road. It was seconded by Trustee Sanders Romano. Mr. Burke called the roll: 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 a motion to approve the resolution, as amended. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was amended. 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 next two items on the agenda— noting that they would be voted on separately: Board of Trustees Meeting July 24,2007 Page 5 RESOLUTIONS: 2) CONSIDERING THE SITE PLAN APPLICATION SUBMITTED BY K&M REALTY GROUP, LTD FOR DEVELOPMENT ON BOWMAN AVENUE WEST OF SOUTH RIDGE STREET, RYE BROOK, SECTION 1, BLOCK 22, LOTS 2B AND 2112 3) CONSIDERING A SITE PLAN SUBMITTED BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF A PASSIVE PARK ON BOWMAN AVENUE WEST OF SOUTH RIDGE STREET, RYE BROOK, LOTS 2B AND 2112, BLOCK 22, SECTION 1 Mr. Bradbury gave a brief background on the two resolutions. These applications, which both refer to property owned by K&M Realty Group, have been before the Village Board and Planning Board. The first resolution is for ten (10) residential units. The second resolution is in connection with the development of a passive park on Bowman Avenue. The application addressed the environmental issues during the SEQRA part of the review, and the public hearing was closed at the last Board of Trustees meeting. At this point in time there were only one or two items remaining to be resolved. Mr. Bradbury stated that there were some environmental issues on the park's parcel that still needed to be addressed. He also pointed out that restrictions on the residential units i.e.: no basements, have been put in place. The final plans are being developed for construction. Mayor Rand turned to the Board for comments and questions. Trustee Feinstein noted that the Board of Trustees had discussed the contamination on the property and the types of guarantees that the applicant would give the Village. The concern is that the applicant is an entity and in cases such as this the entity is dissolved after the project has been completed. The Board is looking to assign liability in order to protect the Village for a five (5) year period. Mr. Konigsberg, the applicant, noted that he did not have a problem with a making a five (5) year guarantee. He felt that a bond in escrow was a reasonable alternative. The applicant agreed to allow the Village on the property for testing purposes, and noted that at some point as the process moves along the Village may in fact do some additional testing. The applicant is waiting for the Department of Environmental Conservation (DEC) to sign off on the remediation work on one area of the property. Mr. Konigsberg noted that a five-year $100,000 bond was his preference, Board of Trustees Meeting July 24,2007 Page 6 versus putting $100,000 into a bank account. He requested that if the Board decided that a cash deposit was required, that it be a lesser cash amount. Mayor Rand stated that the Board did not have a problem with a bond. Mr. Konigsberg pointed out that if the soil is removed from the site the environmental consultant must verify that everything has been done pursuant to the DEC's remediation. Edward Beane, Village Counsel, addressed the Board. He stated that the Village has no problem with accepting a bond. However, if funds are required to be deposited he felt that a lower amount would not be sufficient to cover remediation work if it came down to that. He noted that a bond was the preferred method. Mr. Beane also stressed that the Village must look at past incidents within the Village and ensure that it protects itself. Mr. Konigsberg noted that a plaque would be installed in the park area of the property to honor two (2) of his deceased relatives. The size and type of plaque has not yet been decided upon. Trustee Paul Rosenberg requested a modification to Resolution #2, in that the Certificate of Occupancy of two (2) of the units be held back versus the one (1) unit which was the Board's prior recommendation. Mr. Konigsberg felt this was not appropriate. Trustee Rosenberg also requested that storm water runoff be discussed regarding the end of the construction. Storm Water Management Plans have been put into place in prior projects throughout the Village. Unfortunately, some of these plans have been found to be faulty. He asked that the Village review and discuss final inspections that are made before any performance bonds are released. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the storm water management plan for this project has been reviewed, and accepted. At the end of the construction, a final review is conducted. If the storm water management plan meets the requirements, then the Board would release a portion of the bond that was put in place prior to the construction. The remainder of the bond would be held for approximately one (1) year. Trustee Rosenberg noted that on previous projects the bonds were released and then problems were discovered. He wanted to be certain that the Village was protected. Mr. Carosi noted that tests are done during the installation and at the end of the construction phase as well. Board of Trustees Meeting July 24,2007 Page 7 Mr. Konigsberg noted that holding back two (2) units, as suggested by Trustee Rosenberg, would be unfair. It would impact the financial backing of this project. Trustee Rosenberg noted that the Planning Board requested mitigation. Mr. Konigsberg stated that he has responded to the comments and recommendations from the Planning Board. Mr. Konigsberg noted that there was a conservation easement that evolved from a wood chip trail to an asphalt path and parking lot, that is significantly more expensive. A fence was added, along with extra lighting, and all of this has financially impacted the application. Mr. Konigsberg noted that the parkland is a valuable piece of property that was being donating to the Village. He felt that he had complied with all of the Village's requests. Trustee Feinstein noted that she was comfortable holding back the Certificate of Occupancy from one (1) unit to ensure that the applicant has complied with all of the requirements. Trustee Patricia Sanders Romano agreed with Trustee Feinstein. Trustee Michael Brown noted that he was not prepared to vote on the resolutions at this meeting because the issue of the bond had not yet been decided upon. Mr. Bradbury noted that the proposal was for a $100,000.00 bond to be put in place for five (5) years. He noted that an additional clause could be added to the resolution stating that the applicant will provide the Board with a $100,000 bond for a period of five (5) years. Mr. Konigsberg approved of this condition. Trustee Feinstein requested several clerical errors be cleaned up throughout the resolutions. All of her proposed changes were approved. There were no additional comments from the Board, and Mr. Bradbury was called upon to read the resolutions. Mr. Bradbury read resolution #2: APPROVING A SITE PLAN SUBMITTED BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF TEN (10) RESIDENTIAL UNITS ON BOWMAN AVENUE WEST OF SOUTH RIDGE STREET, RYE BROOK, LOTS 1-1 AND 1-1.1, BLOCK 26, SECTION 141 WHEREAS, the Village of Rye Brook received an application from K&M Realty Group, Ltd. (the "Applicant") for Site Plan Approval, a Wetlands Permit and a Steep Board of Trustees Meeting July 24,2007 Page 8 Slopes Permit to construct nine attached (9) residential units on a parcel of real property and a restaurant on another portion of real property (the "Original Proposed Action"); and WHEREAS, the +/-4.039-acre property consisting of upland areas known as the "Peninsula" and the "Strip" and approximately 1.67 acres of open water is located on the south side of Bowman Avenue, approximately 900 feet west of the intersection formed by Bowman Avenue and South Ridge Street, within the C-1, Neighborhood Retail Zoning District and the Scenic Roads Overlay District, in the Village of Rye Brook, New York, shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the Town of Rye Tax Assessor's Maps (the "Site" or"Property"); and WHEREAS, on or about June 25, 1996, the Village Board of Trustees determined the Original Proposed Action to be Unlisted pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and resolved to be the Lead Agency for review of the Original Proposed Action; and WHEREAS, the Village Board of Trustees acting as Lead Agency for review under SEQRA determined that the Original Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a Positive Declaration on or about June 25, 1996 and requiring the submission of a Draft Environmental Impact Statement (DEIS); and WHEREAS, in response to comments received regarding the DEIS and the Original Proposed Action the Applicant proposed a new alternative that revised the project to propose construction of ten (10) residential units on the Peninsula portion of the Property and for the Strip portion of the property to remain undeveloped with a conservation easement (the "Mitigation Plan"); and WHEREAS, the Applicant prepared and submitted a revised Final Environmental Impact Statement (FEIS) dated July 2006 that reviewed the potential environmental impacts of the Mitigation Plan and the Lead Agency determined the FEIS to be complete on July 25, 2006; and WHEREAS, the Lead Agency held public hearings on the DEIS and FEIS and afforded agencies and the public a reasonable time period of no less than 30 calendar days for the DEIS and no less than 10 calendar days for the FEIS to provide comments on the completed DEIS and FEIS; and WHEREAS, the Applicant further revised the Mitigation Plan by, instead of imposing a conservation easement on the strip, to instead, in its sole discretion, donate and offer the strip to the Village to be dedicated as a passive public park (the "Revised Mitigation Plan"); and WHEREAS, the Lead Agency, adopted the Findings Statement regarding the environmental review and the Revised Mitigation Plan on December 12, 2006, which was filed with all Involved and Interested Agencies and other parties as required by law; and Board of Trustees Meeting July 24,2007 Page 9 WHEREAS, certain SEQRA documents and resolutions erroneously describe the Original Proposed Action to be a Type I Action, even though the Village Board of Trustees determined the Original Proposed Action to be an Unlisted Action on June 25, 1996 and pursuant to SEQRA, 6 NYCRR Part 617, Section 617.4, the Original Proposed Action is correctly determined to be an Unlisted Action; and WHEREAS, the Village Board of Trustees referred the subject site plan application to the Westchester County Department of Planning, the City of Rye, the Town of Rye, the Town/Village of Harrison and the Village Planning Board for review and comment; and WHEREAS, the Village Board of Trustees reviewed comments from the public and interested agencies, information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant, Village staff and the recommendations of the Village Planning Board, and the Applicant revised the site plans according to the recommendations; and WHEREAS, the Village Board of Trustees originally found in its Decemberl2, 2006 Findings Statement that the Applicant must install three (3) additional parking spaces, but after further consideration the village determined it was better to maintain open space and is now requiring the Applicant to landbank an additional two (2) parking spaces; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on September 12, 2006, the Village Board of Trustees opened a public hearing on the site plan application at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on June 26, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, for the reasons stated herein, hereby approves the Site Plan to construct ten (10) attached residential units on the Peninsula property shown as Tax Lots 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps, as depicted on the following drawing set titled "Site Plan Approval Drawings, Bowman Avenue Development" last revised 06/07/2007, prepared by John Meyer Consulting, PC, Armonk, New York: 1. Engineer's Plans, prepared by John Meyer Consulting P.C., Armonk,NY: Sheet No. Sheet Title Dated M-1 Site Development Area 4/07/06 Rev. 5/30/07 M-2 Existing Conditions& Wetland Board of Trustees Meeting July 24,2007 Page 10 Delineations 4/07/06 Rev. 1/11/07 M-2A Overall Site Plan 1/10/07 Rev. 5/30/07 M-3 Layout Plan 4/07/06 Rev. 6/07/07 M-3A Layout Plan (Strip) 5/30/07 Rev. 6/07/07 M-4 Grading Plan 4/07/06 Rev. 6/07/07 M-4A Grading Plan (Strip) 5/30/07 Rev. 6/07/07 M-5 Utilities Plan 4/27/06 Rev. 6/07/07 M-6 Sediment&Erosion Control& Water Quality Mitigation Plan 4/07/06 Rev. 6/07/07 M-6A Sediment&Erosion Control& Water Quality Mitigation Plan 5/30/07 Rev. 6/07/07 M-7 Landscaping Plan 4/07/06 Rev. 5/18/07 M-7A Landscaping Plan(Strip) 5/30/07 Rev. 6/07/07 M-7B Lighting Plan 4/07/07 Rev. 5/18/07 M-8 Site Details 4/07/06 Rev. 2/08/07 M-9 Site Details 4/07/06 Rev. 2/08/07 M-10 Site Details 4/07/06 Rev. 3/08/07 M-11 Site Details 4/07/06 Rev. 2/08/07 M-12 Site Details 12/06/06Rev. 4/18/07 M-13 Utility Profiles 2/08/07 M-14 Health and Safety Misc. Figures 3/07/07 2. Architect's Plans, prepared by John Meyer Consulting P.C., Armonk, NY: Sheet No. Sheet Title Dated A-1 Schematic Plan 12/06/06 Rev. 3/08/07 A-2 Schematic Plan 12/06/06 Rev. 3/08/07 BE IT FURTHER RESOLVED, that the site plan approval shall be subject to the following requirements and conditions: 1. A copy of this resolution shall be attached to the building permit application. 2. Site plan approval shall be subject to approval of a steeps slopes work permit and a permit to perform regulated activities in a wetland by the Village Planning Board. 3. Conditions of approval for development: a. Construction of basements, now and in the future shall be prohibited. b. Parking shall be prohibited along the entire access road and all travel aisles. It shall be the responsibility of the Applicant and subsequently the Homeowners Association or Condominium Board to place and maintain appropriate traffic regulation signage and enforce the "no parking"rules. Board of Trustees Meeting July 24,2007 Page 11 c. Additional building bulk or structures of any kind (including but not limited to additions to buildings, enlargement of decks, patios or walkways, or placement of sheds or other accessory structures) shall be prohibited by deed restriction and/or other appropriate measures subject to prior written approval by Village Counsel. The foregoing shall not include repairs or rebuilding as originally approved. d. Provision of a final Tree Preservation and Protection Plan to the satisfaction of the Village Engineer and/or consultants. e. Provision of a final steep slopes planting plan to the satisfaction of the Village Engineer and/or consultants. £ Provision of a final landscape plan to the satisfaction of the Village Engineer and/or consultants. g. Provision of a final stormwater management plan to the satisfaction of the Village Engineer and/or consultants. h. Provision of a final erosion and sediment control plan to the satisfaction of the Village Engineer and/or consultants. i. Provision of a final, detailed monitoring and maintenance plan for all wetland buffer and steep slope plantings to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain,repair and replace any and all wetland buffer plantings and steep slopes plantings to comply with the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer and/or consultants. j. Provision of a final, detailed monitoring and maintenance plan for all stormwater management facilities to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all stormwater management structures and appurtenances in accordance with the approved plans to insure the proposed stormwater management facilities function to the standards and objectives of the Village of Rye Brook stonnwater management ordinance and to the satisfaction of the Village Engineer and/or consultants. k. Provision of a final, detailed monitoring and maintenance plan for all steep slope rip-rap or other stabilization construction to the satisfaction of the Village Engineer and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and be responsible for monitoring and maintaining the stability of steep slopes on the property to the design standard intended, the requirements Board of Trustees Meeting July 24,2007 Page 12 of the Village Code and to the satisfaction of the Village Engineer and/or consultants. 1. The monitoring and maintenance of all stormwater management facilities, wetland buffer and steep slopes plantings and rip rap or other stabilization construction required by the conditions of this resolution that are to be the responsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan, subject to the prior written approval of the Village Attorney. in. Provision of a final construction management plan for the entire site prior to granting of a building permit that includes specific times and routes for trucks carting material to and from the site, including potential truck routes, number of trucks, number of trips, dust and noise mitigation measures and coordination with the Port Chester Middle School schedule to avoid traffic conflicts during school arrival and dismissal times for approval by the Village Engineer, fire, and police services and any other consultants determined to be necessary by the Village Engineer. Work shall be staged to minimize the number of trucks present at the site at any one time. n. Use of a turbidity curtain during construction and/or any other method or methods determined to be necessary by the Village Engineer, consultants or other approving agencies, to prevent migration of silt into the water environment surrounding the site. o. The Applicant, its successors or assigns, shall include text acceptable to the Village Attorney in the Offering Plan for the proposed Condominium or Homeowner's Association, advising prospective purchasers of conditions 3(a) to (c) and (i) to (1), (q), (s), (t), (u), (w). There shall be no amendments to the Offering Plan, by-laws or Rules and Regulations concerning items 3(a) to (c); (i) to (1), (q), (s), (t), (u), (w) of this Resolution without prior approval of the Village Board of Trustees. p. The Applicant, its successors or assigns, shall include language acceptable to the Village Attorney in the deeds to the individual units concerning conditions 3(a) and 3(c). q. Placement of a 35-foot wide permanent conservation easement on the Peninsula running parallel to the front property line along the entire Bowman Avenue frontage of the Peninsula to preserve the landscape buffer created on the Peninsula pursuant to the requirements of the Scenic Roads Overlay District. The Applicant shall provide the conservation easement for review and approval by the Village Board of Trustees prior to the issuance of a building permit. Landscaping installed between the Bowman Avenue right- of-way and the residential units within the conservation easement shall be maintained, according to the requirements of the conservation easement, by Board of Trustees Meeting July 24,2007 Page 13 the Applicant and thereafter by the Condominium Board or Homeowners Association. r. Installation of a landscape buffer along the Bowman Avenue frontage of the Peninsula sufficient to screen views of the buildings from the street, to the satisfaction of the Village Engineer and/or Consultants. s. No activity of any type shall be permitted on rip-rap steep slopes except required maintenance. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board. t. Construction of docks or any other structures extending into the watercourse or pond shall be prohibited. u. Swimming, boating, fishing or other water related recreational activities shall be prohibited. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board and included in the Condominium's Offering Plan, By- Laws and Rules and Regulations.. v. Construction traffic shall be scheduled to avoid generation of construction related traffic that coincides with roadway peak hours. w. In addition to four (4)parking spaces provided for each residential unit and five (5) spaces for guests, the site plan shall show an additional two (2) parking spaces that are approved, but "land banked" for construction in the future if determined by the Village Engineer to be necessary. The Applicant is not obligated to construct three (3) additional parking spaces as stated in the December 12, 2006 Findings Statement. Construction of such parking spaces if deemed necessary by the Village Engineer, shall be the responsibility of the Homeowners Association or Condominium Board and language to this effect will be included in the Offering Plan. x. The property shall be apportioned into two lots as delineated by the existing tax lots 1-1 and 1-1.1 by the Village if the Village,determines in its sole discretion to receive the strip (Lot 1-1.1) as a passive public park. y. Construction of all improvements to the Strip (Lot 1-1.1) shall be completed prior to offering the Strip for dedication to the Village and within eighteen (18) months of the issuance of the first Building Permit for the ten residential units on the Peninsula or prior to issuance of the last residential Certificate of Occupancy, whichever occurs earlier. Board of Trustees Meeting July 24,2007 Page 14 4. Prior to the issuance of any building permits, a 100% performance bond shall be submitted in a sum determined by the Village Engineer and shall be furnished to and accepted by the Village, to guarantee the satisfactory and complete installation and construction of all infrastructure and public improvements, as determined appropriate by the Village Engineer, for the Peninsula, including landscaping, sewage, water, drainage, roads, sediment and erosion control measures, sidewalks, stormwater detention, and watercourse buffer mitigation approved as to form by the Village Attorney. 5. The Applicant shall provide to the Village, a landscape maintenance bond in the amount of which is to be determined by the Village Engineer in a form satisfactory to the Village Attorney. A bond with a minimum term of two years commencing upon the issuance of the 8th certificate of occupancy shall be posted for the maintenance of general site landscaping, the landscaping to thereafter be maintained and replaced as necessary. AND BE IT FURTHER RESOLVED, that all requirements, conditions, and mitigation measures related to the project as established by the Mayor and Board of Trustees in the Findings Statement shall constitute express conditions of this approval, except as otherwise stated herein, and shall constitute obligations of the Applicant thereunder and its successors and assigns, and shall be enforceable by this Village Board or its designated representative. 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 Feinstein, and seconded by Patricia 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 Mr. Bradbury read resolution #3: Board of Trustees Meeting July 24,2007 Page 15 APPROVING A SITE PLAN SUBMITTED BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF A PASSIVE PARK ON BOWMAN AVENUE WEST OF SOUTH RIDGE STREET, RYE BROOK, LOT 1-1.1, BLOCK 26, SECTION 141 WHEREAS, K&M Realty Group, Ltd. (the "Applicant") has offered the Strip located on Bowman Avenue West of South Ridge Street, Rye Brook, Lot 1-1.1, Block 26, Section 141 to the Village of Rye Brook to be used by the Village as a passive public park; and WHEREAS, the Applicant, instead of imposing a conservation easement on the Strip, determined, in its sole discretion to donate and offer the Strip to the Village to be dedicated as a passive public park; and WHEREAS, the Applicant has offered to make certain improvements that are consistent with a passive public park to the Strip at its expense; and WHEREAS, the Village of Rye Brook is interested in accepting a donation of the Strip by the Applicant for use as a passive park with certain improvements to be done by the Applicant at its expense, subject to the adoption of a separate Resolution in the future whereby the Village may accept the donation; and WHEREAS, the Village Board of Trustees reviewed comments from the public and interested agencies, information submitted by the Applicant in connection with the application, the reports and recommendations of the Village Planning Consultant, the Village Engineering Consultant, Village staff and the recommendations of the Village Planning Board and the Applicant revised the site plans according to the recommendations; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on September 12, 2006, the Village Board of Trustees opened a public hearing on the site plan application at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on June 26, 2007; and NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, for the reasons stated herein, hereby approves the Site Plan to develop the Strip for use as a public passive park on the property shown as Tax Lot 1-1 and 1-1.1 in Section 141, Block 26 on the tax assessors maps, as depicted on the following drawing set titled "Site Plan Approval Drawings, Bowman Avenue Development" last revised 06/07/2007, prepared by John Meyer Consulting, PC, Armonk,New York: Board of Trustees Meeting July 24,2007 Page 16 3. Engineer's Plans,prepared by John Meyer Consulting P.C., Armonk,NY: Sheet No. Sheet Title Dated M-1 Site Development Area 4/07/06Rev. 5/30/07 M-2 Existing Conditions& Wetlan Delineations 4/07/06Rev. 1/11/07 M-2A Overall Site Plan 1/10/07 Rev. 5/30/07 M-3 Layout Plan 4/07/06 Rev. 6/07/07 M-3A Layout Plan (Strip) 5/30/07 Rev. 6/07/07 M-4 Grading Plan 4/07/06 Rev. 6/07/07 M-4A Grading Plan (Strip) 5/30/07 Rev. 6/07/07 M-5 Utilities Plan 4/27/06 Rev. 6/07/07 M-6 Sediment&Erosion Control& Water Quality Mitigation Plan 4/07/06 Rev. 6/07/07 M-6A Sediment&Erosion Control& Water Quality Mitigation Plan 5/30/07 Rev. 6/07/07 M-7 Landscaping Plan 4/07/06 Rev. 5/18/07 M-7A Landscaping Plan (Strip) 5/30/07 Rev. 6/07/07 M-7B Lighting Plan 4/07/07 Rev. 5/18/07 M-8 Site Details 4/07/06 Rev. 2/08/07 M-9 Site Details 4/07/06 Rev. 2/08/07 M-10 Site Details 4/07/06 Rev.3/08/07 M-11 Site Details 4/07/06 Rev. 2/08/07 M-12 Site Details 12/06/06 Rev. 4/18/07 M-13 UtilityProfrles 2/08/07 M-14 Health and Safety Mise.Figures 3/07/07 4. Architect's Plans,prepared by John Meyer Consulting P.C., Armonk,NY: Sheet No. Sheet Title Dated A-1 Schematic Plan 12/06/06 Rev. 3/08/07 A-2 Schematic Plan 12/06/06 Rev. 3/08/07 BE IT FURTHER RESOLVED, that the Site Plan Approval shall be subject to the following requirements and conditions: 6. A copy of this resolution shall be attached to the building permit application. 7. Site plan approval shall be subject to approval of a steeps slopes work permit and a permit to perform regulated activities in a wetland by the Village Planning Board. 8. Conditions of approval for development: a. The Applicant shall provide to the Village copies of all reports and testing results concerning the Strip. The Applicant shall provide the Village with any reports, test results or communications with third-parties, including NYSDEC, created or received after March 1, 2007 concerning the Strip immediately upon receipt. Board of Trustees Meeting July 24,2007 Page 17 b. Contaminated soil shall be removed within twelve (12) months of issuance of the Site Plan Approval for the passive park if such contamination is found to be above the limits acceptable to NYSDEC for issuance of a "No Further Action Letter."If contaminated soil is to be removed from the site, a soil removal plan employing industry-standard best management practices and complying with all Village regulations regarding excavations and safety shall be developed, approved and implemented. The Applicant shall provide a completed soil removal plan for review and approval by the Village Engineer, NYSDEC and/or consultants prior to the removal of the contaminated soil. The Applicant and its consultant shall certify that the soil removal is complete and that NYSDEC has issued a "No Further Action Letter," a copy of which must be provided to the Village and all of which must be conveyed by the Applicant to the Village. c. The Village will not consider an offer of dedication of the Strip until after NYSDEC has issued a "No Further Action Letter" and remediation has been completed to the satisfaction of the Village's consulting environmental engineer. d. If contaminated soil is to be removed from the site and there is insufficient material to backfill the excavation after all contaminated soil is removed, clean soil shall be brought in from a clean-fill facility approved by the Village Engineer at the expense of the Applicant. The Applicant shall provide the Village with a manifest or other tracking documents to identify the source of the fill material. e. The Applicant shall provide the Village with a $100,000 bond from a holding company in a form to be approved by the Village Attorney for a period of five years in order to guarantee the Strip shall be free from any petroleum contaminated soil of the type identified as existing on the Strip on or about 1996, which shall run from the date of conveyance, if any, of the Strip to the Village. f. Upon the issuance of a "No Further Action" letter by NYSDEC and with the approval of NYSDEC, if needed, and upon two (2) weeks' written notice to the Village, the Applicant shall remove existing bio-vent system from the Strip. g. The following park-related improvements, consistent with the schematic plan shown on Sheet M-2A, which is a part of the approved Site Plan drawings, shall be constructed by the Applicant, at its cost: 1. An asphaltic concrete driveway and parking area. 2. One pole mounted light at the southern end of the parking area. Board of Trustees Meeting July 24,2007 Page 18 3. A circular sitting area with benches to which an electrical conduit with a pull string is provided for future lighting. 4. A four-foot (4 foot) wide asphaltic concrete pedestrian path. The Village, at its discretion may choose to upgrade the Applicant — provided asphalt by agreeing to pay for a color dye imprint, provided the Village agrees to accept the donation of the Strip as a passive park. 5. Up to 300 linear feet of split rail fencing with green wire mesh infill between the rails, locations and type to the satisfaction of the Village Engineer and/or Planning consultant. 6. Six (6) eight (8)-foot standard park-type benches in locations to be determined by the Village Engineer. 7. A mix of at least three species of native shrubs installed in naturalistic groupings at the ends of the sections of split rail fencing. Such shrubs shall be a mix of heights from 2.5 to 3 feet high to 3 to 3.5 feet high at installation and shall number in total no less than 8 shrubs. Locations sizes and species of shrubs shall be to the satisfaction of the Village Engineer and Planning consultant. Any plantings required by the approved plans beyond the 8 shrubs shall be paid for by the Village, provided the Village accepts the property. h. The circular sitting area shall be dedicated to the Applicant's late sister- in-law, Beverly Lieberman and the Applicant's late uncle, Ronald Berger. The Applicant is permitted to install a memorial plaque to be approved by the Village Board. i. Park use shall be consistent with those uses in a passive park. No sports courts, pools, community buildings or similar structures shall be constructed_ Structures consistent with a passive park, such as a small maintenance building for park equipment storage or tot lot playground equipment shall be permitted. j. Development and approval by the Village Engineer and/or consultants of a planting plan for replanting any area of the Strip disturbed by soil removal, plant removal, stockpiling operations, removal of the bio-vent system and/or any other construction activities that might occur on the Strip during construction. Such planting plan shall include only native species that would provide cover and food to wildlife. k. If the already identified contaminated soil must be removed, the applicant shall have the right to deduct the cost of the removal from the cost of the park improvements. Should this occur and there not be enough funds remaining for park improvements to the Village's satisfaction, the Board of Trustees Meeting July 24,2007 Page 19 applicant shall pay the fee in lieu of parkland and the Village shall have the right to accept the property or demand a conservation easement on the Strip. 1. The Applicant has agreed to allow the Village, prior to acceptance of the Strip, to do any soil sampling and to enter upon the land to perform such sampling. If contamination is found or remediation is required the Applicant, as owner of the property, shall be solely responsible to pay for such cleanup as required by law. in. If there is no municipal public passive park built by the Applicant, the Village shall receive the fee in lieu of parkland as required by the Village Code. n. Whether or not improvements are made to the Strip by the Applicant, the Applicant must remove all debris piles, garbage or non-plant material prior to offering the Strip to the Village or prior to a conservation easement being placed on the Strip. 4. Prior to the issuance of any building permits, a 100% performance bond shall be submitted in a sum determined by the Village Engineer and shall be furnished to and accepted by the Village, to guarantee the satisfactory and complete installation and construction of all infrastructure and public improvements, as determined appropriate by the Village Engineer, for the Strip, including landscaping, sewage, water, drainage, roads, sediment and erosion control measures, sidewalks, stormwater detention, watercourse buffer mitigation approved as to form by the Village Attorney. 5. The Applicant shall provide to the Village, landscape maintenance bonds the amount of which is to be determined by the Village Engineer in a form satisfactory to the Village Attorney. AND BE IT FURTHER RESOLVED, that all requirements, conditions, and mitigation measures related to the project as established by the Mayor and Board of Trustees in the Findings Statement shall constitute express conditions of this approval, except as provided otherwise herein, and shall constitute obligations of the Applicant thereunder and its successors and assigns, and shall be enforceable by this Village Board or its designated representative. Trustee Feinstein noted that this matter has been before the Village for the past 13 years. Prior to the meeting she reviewed the transcripts for the public hearings, the DEIS, FEIS, and several other documents. She noted that the original application was for a restaurant with 54 parking spaces. The application changed many times Board of Trustees Meeting July 24,2007 Page 20 over the years going from commercial use to residential use. Changes were made by the applicant in response to requests made by the Village, its consultants, and staff. The applicant responded to comments made during the DEIS regarding the size of the project, and the project was cut back. Since storm water runoff was a major concern, the applicant responded by reducing the amount of impervious surface. The applicant has been very responsive to all concerns that were raised during the review process. The decisions made by this Board are based on SEQRA, and years of review. Trustee Feinstein noted that she was sympathetic to the problems experienced by the citizens of the City of Rye, but reminded everyone that this applicant has property rights. A balance must be made between the applicant's property rights and the environmental concerns. The decision on an application must be made based upon the facts, and the facts have been reviewed in this case. The Blind Brook watershed is 6500 acres. This property is a total of two (2) acres, at the most. The Village of Rye Brook has taken measures to ensure that the storm water runoff would not increase and, in fact, the as-built runoff will now be less than the existing runoff. Studies and research has shown that the development will not in and of itself affect the Blind Brook. Mayor Rand noted that the negotiations between the applicant with the County regarding the possible sale of this property would continue. He also stressed that based upon information presented to the Board the facts clearly state that this property and project will not negatively increase the flooding downstream. The Village of Rye Brook has watched this project progress over the past 13 years. Throughout this process this application has been met with a lot of emotion. Mayor Rand stressed that this application has been thoroughly reviewed by the Village's staff, consultants, outside consultants, and counsel. He read a portion of one of the outside consultant's report for the members of the public that voiced that the project would not exacerbate or add to the possible flooding downstream. He further voiced that no individual nor municipality developed any contrary evidence. On a motion made by Trustee Feinstein, and seconded by Patricia 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 July 24,2007 Page 21 Mayor Rand called for the next item on the agenda: 4) CONSIDERING AN AGREEMENT WITH GRANICUS, INC. FOR STREAMING VIDEO AUTHORIZING A BUDGET TRANSFER Mr. Bradbury read the following resolution: CONSIDERING AN AGREEMENT WITH GRANICUS INC, FOR STREAMING VIDEO AND AUTHORIZING A BUDGET TRANSFER WHEREAS, the Village of Rye Brook has had continued interest in providing streaming video services with agenda indexing of Board of Trustees and Planning Board meetings; and WHEREAS, the Village of Rye Brook has received a grant through NYS Assemblyman George Latimer's office in the amount of $8,000 to offset the total cost for streaming video services. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby approves the agreement with Granicus Inc., for streaming video services; and be it further RESOLVED, that $5,940 is hereby transferred from Contingency (1990.424) into the MIS contractual line (1680.499) to provide the necessary additional funding to provide streaming video services; and be it further RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Rosenberg, 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 July 24,2007 Page 22 Trustee Rosenberg thanked George Latimer for his assistance. He noted that this resolution represented a benefit to the residents of Rye Brook. 5) A RESOLUTION AUTHORIZING THE ISSUANCE OF $121,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF A NEW DUMP TRUCK IN AND FOR SAID VILLAGE. Mr. Bradbury read the following resolution: A RESOLUTION AUTHORIZING THE ISSUANCE OF $121,000 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF A NEW DUMP TRUCK IN AND FOR SAID VILLAGE WHEREAS, it is now desired to authorize the financing of such project; 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 paying the cost of the acquisition of a new dump truck in and for the Village of Rye Brook, Westchester County, New York, including incidental expenses in connection therewith, a specific object or purpose, there are hereby authorized to be issued $121,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid specific object or purpose is hereby determined to be $121,000, and the plan for the financing thereof is by the issuance of the $121,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Board of Trustees Meeting July 24,2007 Page 23 Section 3. It is hereby 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. It is hereby further determined that the maximum maturity of the bonds authorized is limited to five years. 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 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, he 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. Board of Trustees Meeting July 24,2007 Page 24 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 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) £(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. Board of Trustees Meeting July 24,2007 Page 25 Section 11. This resolution, which takes effect immediately, shall be published in summary in The Journal News, a newspaper having general circulation in said Village, 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 Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Bradbury noted that this resolution puts in place the financing for the purchase of the dump truck. The purchase has already been approved, and now this project will move forward. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 6) CONSIDERING THE AWARD FOR THE SELECTED STREET TREE PRUNING/REMOVAL SERVICES CONTRACT NO. 07-01 Mr. Bradbury read the following resolution: CONSIDERING THE AWARD FOR THE SELECTED STREET TREE PRUNING/REMOVAL SERVICES CONTRACT NO. 07-01 WHEREAS, the Village of Rye Brook has solicited bids for Contract 07-01 "Selected Street Tree Pruning/Removal Services"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on July 4th 2007; and WHEREAS, at 10:00 a.m., Wednesday, July 18th 2007, all bids received were opened as summarized below; and Board of Trustees Meeting July 24,2007 Page 26 BIDDER BID AMOUNT BID BONDOPTION "A" OPTION `B" Central Tree Service $64,695.00 $80,533.00 Certified Check Dom's Lawnmaker $118,353.00 $144,632.50 Bond WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Central Tree Service, Inc. for the total bid price of$64,695, Option A, and $80,533, Option B. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village considers bid Option "A" in the best interests of the Village and selects Bid Option "A" for the award, and be it FURTHER RESOLVED, that contract #07-01 "Selected Street Tree Pruning/Removal Services" is hereby awarded to Central Tree Service, Inc. for the total bid price of$64,695, Option A; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury summarized the two (2) options that were part of this resolution. He noted that Option "A" requires delivery to the composite site, and Option "B" included the grinding. He also noted that there may be additional operational costs. On a motion made by 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 July 24,2007 Page 27 7) CONSIDERING AN APPROVAL OF A LEASE AGREEMENT WITH FLEETWOOD FINANCIAL FOR POLICE RADIO AND TELEPHONE RECORDING EQUIPMENT Mr. Bradbury read the following resolution: CONSIDERING THE APPROVAL OF A LEASE AGREEMENT WITH FLEETWOOD FINANCIAL FOR POLICE RADIO AND TELEPHONE RECODING EQUIPMENT WHEREAS, the current police radio and telephone recording system, Freedom Call Check is being discontinued and the cost of maintenance is expected to increase by a minimum of 10% per year. NOW THEREFORE BE IT RESOLVED, that the Police Department is herby authorized to enter into a lease agreement with Fleetwood Financial for the Nice Call Focus 3, the next generation of the Freedom Call Check at an annual payment of$3,793.94, locked in for five years; and be it further RESOLVED, that the mayor is herby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Feinstein, 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 Trustee Feinstein noted that the maintenance on this equipment was only available Monday through Friday, from 9:00 a.m. to 5:00 p.m. She wanted to ensure that this would not be a problem. Chief Gregory Austin responded that this would not be a problem. Board of Trustees Meeting July 24,2007 Page 28 8) AUTHORIZING THE VILLAGE OF RYE BROOK TO WORK WITH WESTCHESTER COUNTY REGARDING A JOINT STORMWATER PHASE II IMPLEMENT GRANT Mr. Bradbury read the following resolution: AUTHORIZING THE VILLAGE OF RYE BROOK TO WORK WITH WESTCHESTER COUNTY REGARDING A JOINT STORMWATER PHASE II IMPLEMENTATION GRANT WHEREAS, the Village of Rye Brook herein called the "Municipality," after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the "Project," is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, the Environmental Conservation Law ("ECL") authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees, that (1) That Christopher Bradbury, Village Administrator, or such person's successor in office, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to work with and through the County of Westchester as the lead party to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; (2) That the Municipality agrees that it will fund its portion of the cost of the Project through allowable in-kind services and that funds will be available to initiate the Project's field work within twelve (12) months of written approval of its Board of Trustees Meeting July 24,2007 Page 29 application by the Department of Environmental Conservation; (3) That one (1) certified copy of this Resolution be prepared and sent to the Westchester County Department of Planning; (4) That this Resolution take effect immediately. Mr. Bradbury noted that this very wordy resolution was written by the County. On a motion made by Trustee Feinstein, 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 9) SUPPORTING THE CONTINUED DISCUSSION OF A POTENTIAL LEGACY PROGRAM APPLICATION FOR RECREATIONAL FACILITIES. Mr. Bradbury read the following resolution: SUPPORTING THE CONTINUED DISCUSSION OF A POTENTIAL LEGACY PROGRAM APPLICATION FOR RECREATIONAL FACILITIES WHEREAS, the County of Westchester has established a Legacy Program to provide funding for additional recreational facilities in the County; and WHEREAS, the Village of Rye Brook, Town of Rye, and Port Chester School District have all expressed a need for additional recreational facilities in the community; and Board of Trustees Meeting July 24,2007 Page 30 WHEREAS, Trustee Joan Feinstein, Trustee Patricia Sanders Romano and Village Administrator Christopher Bradbury have met with officials from the Town of Rye, Port Chester School District and Westchester County to discuss the feasibility of making an application for Legacy Program funding; and WHEREAS, the Village of Rye Brook, Town of Rye and Port Chester School District officials wish to continue these discussions with the view of cooperating in the preparation of an application for Legacy Program funding, and ultimately entering into an Inter-municipal Agreement with the Town of Rye and Port Chester School District; and WHEREAS, the County of Westchester has requested that the three (3) parties at this time express their interest in continuing the discussion of a potential Legacy Program application by adopting a resolution in support of continuing this effort. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby supports continued discussions regarding the Westchester County Legacy Program, with the view of cooperating in preparation of an application for Legacy Program funding and entering into an Inter-municipal Agreement with the Town of Rye and the Port Chester School District regarding its participation in the Legacy Program. On a motion made by Trustee Feinstein, 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 Mayor Rand summarized the puipose of this resolution. He noted that the Town of Rye, working with the County, has come up with a plan to make improvements at the Port Chester Middle School property. If this plan comes to fruition, it could mean more fields within the Village of Rye Brook. The property where the maintenance garage is located could be swapped out and affordable housing could be constructed on the existing West William Street site. This is a win-win situation, but no one knows Board of Trustees Meeting July 24,2007 Page 31 what will happen at the County level. This is merely a conceptual plan and the Board of Trustees is voting on letting the County move ahead. The County requested that this resolution be put on the agenda so that they can begin a review of the matter. 10) CONSIDERING THE AUTHORIZATION OF USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, LLC, TO CONDUCT THEIR ANNUAL HOLIDAY PARADE Mr. Bradbury read the following resolution: CONSIDERING THE AUTHORIZATION FOR THE USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, LLC TO CONDUCT THEIR ANNUAL THANKSGIVING DAY PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 23, 2007 for the annual Thanksgiving Day Parade along the route described in the letter dated June 26, 2007 from Ashley Trimble, Assistant Property Manager for Win Ridge Realty, L.L.C.; and BE IT 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. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, 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 ADMINISTRATOR'S REPORT: Board of Trustees Meeting July 24,2007 Page 32 Mr. Bradbury started his report by noting that the LISWIC counsel has reviewed the final storm water report. This is good news in that it means that there is plan that has come from the study. The next stage is for the municipalities and various boards to review the plan and consider whether or not they would like to proceed to the next step. The Village of Rye Brook is eligible to participate in certain grants. Rye Brook has submitted seven (7) Letters of Intent for various grants totaling over $4 million. The Empire State Games is a big event coming that is coming to Rye Brook. This is the men's soccer event to be held at the King Street fields. The schedules are listed on the County's website as Westchester County is hosting the games. Mr. Bradbury noted that the flagpole next to Village Hall is now a fully functioning cell tower. He thanked the Telecommunications Committee for its hard work on this project, as well as its work with Verizon. At this time the Rye Brook public access channel is being reviewed and a meeting is scheduled in connection with this issue. Trustee Feinstein noted that the Rye Brook Birthday Party was a wonderful event. She thanked the Recreation Department, and all of the volunteers, for all of their hard work. It was a nice community event. Mayor Rand reminded everyone that the next movie night at Crawford Park was scheduled for August 3, 2007 and the feature move would be "Open Season." Mayor Rand called for members of the public wishing to address the Board. Former Trustee and returning Rye Brook resident Dean Santon was welcomed back to Rye Brook. Mayor Rand noted that the Board would go into Executive Session directly following the meeting. The meeting was adjourned at 9:00 p.m. Board of Trustees Meeting July 24,2007 Page 33