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HomeMy WebLinkAbout2006-04-11 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 11, 2006-7:30 P.M 6:15 P.M.: Swearing-In Reception and Ceremony ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of the Village of Rye Brook 2006-07 Tentative Budget 2) Consideration of a proposed local law amending Chapter 179 of the Code of the Village of Rye Brook regarding membership of the Planning Board. RESOLUTIONS: 1) Considering a proposed local law amending Chapter 179 of the Village Code regarding membership of the Planning Board. 2) Authorizing Frederick P. Clark Associates to prepare a technical zoning study of the Byram Ridge area within the R-20 Zoning District. 3) Referring to the Planning Board and Westchester County Department of Planning a proposed local law amending Chapter 219 of the Village Code permitting certain conservation subdivisions within an H-1 Zoning District. 4) Awarding Contract #06-02, Roof Replacement and Repairs, Anthony J. Posillipo Community Center. 5) Supporting the Proposed Westchester County Industrial Development Agency Project for Reckson Operating Partnership, LP, 1100 King Street. 6) Authorizing an agreement with Westchester County for police department emergency communications equipment. 7) Considering appointments to various Boards, Committees and Commissions. 8) Considering Annual Meeting Resolutions. Board of Trustees Meeting March 8,2005 Page 1 MORATORIUM APPEALS: 1) Considering an appeal of the 2006 Interim Development Law for a Site Plan application at 13 Woodland Drive. 2) Considering an appeal of the 2006 Interim Development Law for a Site Plan application at 11 Loch Lane. 3) Considering an appeal of the 2006 Interim Development Law for a Subdivision/Site Plan application at 13 Beechwood Avenue. 4) Considering an appeal of the 2006 Interim Development Law for a Site Plan application at 41 Hillandale Road. 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: PRESENT: BOARD Mayor Lawrence Rand Trustee Joan Feinstein Trustee Patricia Sanders Romano STAFF: Christopher Bradbury, Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Marilyn Timpone-Mohamed, Village Consultant CONVENE Mayor Rand called the meeting to order at 7:30 p.m.,beginning with the Pledge of Allegiance. Board of Trustees Meeting March 8,2005 Page 2 Mayor Rand called for the first public hearing on the agenda. PUBLIC HEARINGS: 1) CONSIDERATION OF THE VILLAGE OF RYE BROOK 2006-07 TENTATIVE BUDGET. Mr. Bradbury gave a presentation on the 2006-07 Tentative Budget. The adopted budget will be effective June 1, 2006 until May 31, 2007. The adoption of the final budget will take place at the end of April. This is a lengthy process that began in December, with each department head submitting budget requests. Two budget work sessions with the Village Board were previously held and the submissions of each department head were viewed extensively. The last few years have been very difficult due to increases in such items as the New York State Retirement system, health insurance impacts, gas and utility prices, and other supplies. In Rye Brook specifically, the vacancy in the Altria building, which was the Village's largest taxpayer, has had an impact on assessed commercial value. Although the new tenant at 800 Westchester Avenue, the RPW Group, has been very successful, the Village is still experiencing a $20,000,000 loss in assessed value. In the current years budget the Village has lost $20,000,000 in assessed value due to a PILOT agreement. This PILOT has a significant impact on the commercial tax base. However, the good news is that this PILOT will have a short-term impact due to escalating costs and its eventual expiration. Departments have been mindful of this situation and have made very reasonable requests. Suggestions have been submitted in order to find new revenue sources other than property tax, such as grants. Departments have been asked to do more with less, and have been very successful. The last few budgets in Rye Brook have been lower than other communities in Westchester. The total expenditures for the General Fund, including Capital projects, is $15,269, 522. This is an increase of about $600,000, or a 4% increase from the prior year. We are continuing to reinvest in our capital and infrastructure so this does not hurt the Village later on. The capital projects total over $800,000, which is partially funded by the General Fund. Our revenues, other than property tax, are up 17.4% ($504,00) from the previous year, which is used to offset increases in property taxes. There have been three significant impacts on the tax rate this year, which include the Town of Rye Revaluation, the Village adoption of the Homestead Tax option, and the declining Non-Homestead assessed value. All results in a Homestead Tax rate (non-commercial) of$3.76 per every $1,000 of assessed value. This is an increase of 6% from the previous year. The Non-Homestead Tax rate (commercial) is $6.84 per every $1,000 of assessed value. This is an increase of 22.9% from the previous year. The average Village tax of a single-family home with an assessed value of $762,114 (average residential assessed value) in Rye Brook is $2,866. This results in average increase to each home of$160 from the prior year. Board of Trustees Meeting March 8,2005 Page 3 If Homestead was not enacted, the tax rate for non-commercial homes would have increased this year by 8.98%, instead of 6%. The commercial tax rate would've been 22.96%. Over the prior year, the total General Fund expenditures are up 4.08%, for a total of $15,300,000. The major expenditures include contractual agreements for employees, New York State Retirement System payouts, investments in infrastructure (Capital), and other miscellaneous expenditures to the Ambulance Corporation and public utilities. In summary, the tentative budget is posted on the website. The public hearing will be held open and we expect that the budget will be adopted on April 25, but no later than May 1. These are very difficult times for local government, but we are not alone. The budget is tight but we remain financially stable and able to withstand the economical challenges that face Rye Brook and the region in the coming years. The Fund Balance remains adequate and our debt is low. We are committed to continue to provide the current level of quality services that our residents desire and expect. Special thanks to Diane DiSanto, Cathy Spinosa, Fred Siefert and all Departments and Village Board for all of their support. Mayor Rand noted that this is a tight budget that the Board and staff worked really hard on. The tax increase is not as low as the Board would have liked, however in order to maintain the level of services and programs offered to the community, this increase is necessary. We have always tried to keep the rate of increase at or near the rate of inflation for the New York Metropolitan Area. We are slightly above the latest statistics that was published by the Bureau of Labor Statistics, however a number of increases are contractual in nature. Trustee Feinstein addressed the public. Trustee Feinstein stated that this was a good budget. The increased contributions of roughly $670,000 to the New York State Retirement System have resulted in a serious impact to the budget. It is a difficult impact to any municipality, but especially to Rye Brook. Trustee Feinstein thanked Village staff for working hard on this budget. She also stated that she is pleased that the road resurfacing budget line has been increased by $25,000. Mr. Ken Heller, of 22 Lincoln Avenue, addressed the Board. He stated that the Fund Balance is and has been considerably large over the years and part of it should be incorporated into the budget in order to lower the taxes. In addition, estimated sales tax income has decreased over the years and this should be looked at to figure out why this has happened. Most municipalities seem to be underestimating sales tax income and this should be adjusted. The economy in Westchester is booming and residents should be receiving a greater return on sales tax income, then stated in the Tentative Budget. Mayor Rand addressed Mr. Heller's comments. He stated that during the budget work sessions the estimates of sales tax were discussed regarding whether or not the estimates Board of Trustees Meeting March 8,2005 Page 4 were too conservative. He agreed that these estimates may possibly be too conservative, however it is an estimate and one would not know the true figure until it is actually collected therefore we choose to be conservative with this figure. In addition, the other significant decrease regarding income is mortgage tax income. Over the past few years we have had a lot of refinancing, that have taken place and we know that the interest rates are going up over the next few years, therefore it makes it difficult to give a true estimate of what it will actually be. Once again, this is probably a conservative estimate of what the actual mortgage tax income will be. Regarding the Fund Balance surplus, a couple of years ago the fund surplus was in excess of 20%. We believed that this is an excessive amount. The Board has asked multiple agencies, including the State Comptroller, what an appropriate amount would be. No definitive answer has been given to this question. As a result, two years ago the Board agreed that 15% would be an appropriate number for this community. This current Tentative Budget has a scheduled Fund Balance of 9%. The preference would be a 12-15% range. The Village may be receiving reimbursement from the State of roughly $400,000, which may increase the Fund Balance to the desired range. Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AVE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the second public hearing on the agenda. 2) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 179 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP OF THE PLANNING BOARD. The Board has previously adopted a local law that stated if you had missed three meetings, either excused or unexcused, your membership from that Board could be revoked. This law was effective previous to a Code revision, which granted final approval authority to the Planning Board and subsequently increased the Planning Board meetings from once a month to twice a month. In addition, the Planning Board goes on many site visits and are required to take mandatory classes at Pace University. Due to the increased burden placed on the members of the Planning Board, a revision to the Code is being considered in order to increase the number to five absences by a member of that Board. Board of Trustees Meeting March 8,2005 Page 5 Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the first resolution on the agenda. RESOLUTION: 1) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 179 OF THE VILLAGE CODE REGARDING MEMBERSHIP OF THE PLANNING BOARD. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 179 OF THE VILLAGE CODE REGARDING MEMBERSHIP OF THE PLANNING BOARD WHEREAS, a proposed local law has been prepared to amend Chapter 179 of the Village Code regarding membership of the Planning Board, which would increase from three (3) to five (5) the number of regularly scheduled meetings that a Planning Board member may be absent from in any one calendar year. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on April 11, 2006, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on April 11, 2006. NOW, THEREFORE, BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Chapter 179 of the Code of the Village of Rye Brook regarding planning board membership. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the resolution was adopted. Board of Trustees Meeting March 8,2005 Page 6 TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the second resolution on the agenda RESOLUTION: 2) AUTHORIZING FREDERICK P. CLARK ASSOCIATES TO PREPARE A TECHNICAL ZONING STUDY OF THE BYRAM RIDGE AREA WITHIN THE R-20 ZONING DISTRICT. Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING FREDERICK P. CLARK ASSOCIATES TO PREPARE A TECHNICAL ZONING STUDY OF THE BYRAM RIDGE AREA WITHIN THE R-20 ZONING DISTRICT WHEREAS, at the March 28, 2006 regular meeting of the Village Board, the Village Board of Trustees adopted a local law establishing the 2006 Interim Development Law affecting certain development projects in the Byram Ridge area within the R-20 zoning district; and WHEREAS, on March 23, 2006, Frederick P. Clark Associates submitted a memorandum outlining a summary of issues for further study which were discussed at the March 28, 2006 Village Board meeting; and WHEREAS, the Mayor has formed a Byram Ridge Task Force to review and make recommendations regarding the study and the 2006 Interim Development Law; and WHEREAS, on April 6, 2006, the Village received a proposal from Frederick P. Clark to perform a technical study relating to the zoning code requirements in the Byram Ridge area and recommending for possible revisions thereto. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby accepts the proposal received from Frederick P. Clark on April 6, 2006 to perform a technical study relating to the zoning code requirements in the Byram Ridge area and recommending for possible revisions thereto. Board of Trustees Meeting March 8,2005 Page 7 On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for a break in the format of the agenda so that Trustee Sanders Romano could give an update regarding the Byram Ridge Task Force. Trustee Sanders Romano is the Chairperson for this Task Force. Trustee Sanders Romano addressed the Board. The Task Force had its first meeting on Thursday morning, April 6. The members of this Task Force include Mark Harmon, Marcia Rogul, Richard Lubkin, James Winters, Victor Carosi and herself. She stated that the meeting lasted about ninety minuets, beginning with analyzing the character of the Byram Ridge area and ways to maintain and enhance the area. The Task Force was particularly interested in a number of issues including, front and side yard setbacks, bulk standards particularly relating to bonus rooms, conservation easements, landscape buffers, streetscapes and impervious surfaces. The goal is to look at Code changes that may have a positive effect on the Byram Ridge area, the other R-20 Zone and Village wide as well. She stated that she is meeting with Marilyn Timpone-Mohamed, Victor Carosi and Christopher Bradbury in order to collect work documents for the Task Force and move the process along. Following this, another meeting will probably be scheduled within the next two to three weeks. Mayor Rand noted that this Task Force has a ninety-day lifespan. This lifespan is consistent with other Task Forces that the Village has organized. Mayor Rand also noted that all members of the Task Force are highly qualified individuals. Mayor Rand called for the third resolution on the agenda. RESOLUTION: 3) REFERRING TO THE PLANNING BOARD AND WESTCHESTER COUNTY DEPARTMENT OF PLANNING A PROPOSED LOCAL LAW AMENDING CHAPTER 219 OF THE VILLAGE CODE PERMITTING CERTAIN CONSERVATION SUBDIVISIONS WITHIN AN H-1 ZONING DISTRICT. Mr. Bradbury read the following resolution: Board of Trustees Meeting March 8,2005 Page 8 RESOLUTION REFERRING TO THE PLANNING BOARD AND WESTCHESTER COUNTY DEPARTMENT OF PLANNING A PROPOSED LOCAL LAW AMENDING CHAPTER 219 OF THE VILLAGE CODE PERMITTING CERTAIN CONSERVATION SUBDIVISIONS WITHIN AN H-1 ZONING DISTRICT WHEREAS, a proposed local law has been prepared amending Chapter 219 of the Village Code regarding conservation subdivisions; and WHEREAS, this proposed local law would authorize the Board of Trustees to permit a conservation subdivision within the H-1 Zoning District on a parcel of land no greater than twenty (20) acres. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby refers this proposed local law to the Westchester County Planning Department and the Rye Brook Planning Board for review and recommendations. Edward Beane, Village Attorney, addressed the Board. He stated that the Village is on schedule. We have proceeded through the first phase of the stipulation and we are now moving onto the introduction and eventual approval of the local law to change the Zoning from H-1 to residential. This amendment to Chapter 215 is necessary in order to effectuate that process. This is being introduced at this time for the purpose of only referring it to the Planning Board and it will not appear on the agenda of the Planning Board until Mrs. Timpone-Mohamed completes work required under SEQRA. The Village has a total of ten months to consider and pass this legislation. Mr. Beane also stated that input from anyone would be welcomed. John Wagner, of Rifkin, Radler, LLP, representing KF Rye Brook, LLC, addressed the Board. He stated that they have reviewed the proposed change to the law, and add that other changes need to be made as well. They have offered to help the Village with the further development of the law. Mr. Wagner also stated that this proposed law is premature and should not be referred yet. On a motion made by Trustee Sanders Romano and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Board of Trustees Meeting March 8,2005 Page 9 Mayor Rand called for the fourth resolution on the agenda. RESOLUTION: 4) AWARDING CONTRACT #06-02, ROOF REPLACEMENT AND REPAIRS, ANTHONY J. POSILLIPO COMMUNITY CENTER. Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #06-02 ROOF REPLACEMENT and REPAIRS ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Village of Rye Brook has solicited bids for Contract 06-02 "ROOF REPLACEMENT and REPAIRS"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on March 16 and March 19, 2006; and WHEREAS, at 10:00 a.m., Wednesday, March 291h 2006, all bids received were opened as summarized below; and BASE ALT#1 ALT#2 TOTAL BIDDER BID BID BID BID * BOND Milcon Construction Corp $28,429 $10,800 $13,300 $39,229 YES Precision Roofing $37,800 $4,900 $9,500 $42,700 YES Leed/HiTech Contracting $33,000 $11,000 $12,500 $44,000 YES Hudson Valley Roofing $55,790 $8,877 $15,989 $64,667 YES * Total Bid excludes alternate 2 WHEREAS, upon reviewing the bids, the Village Engineer has determined it to be in the best interest of the Village to include Alternate Bid Item#1 and exclude Alternate Bid Item#2 from the project scope; and WHEREAS, upon reviewing the bids, the Village Engineer, has determined that Milcon Construction Corporation, is the lowest responsible bidder meeting the requirements of the contract documents, NOW, THEREFORE, BE IT HEREBY RESOLVED, that Contract 06-02 "ROOF REPLACEMENT and REPAIRS" is hereby awarded to Milcon Construction Corporation, for the base bid price of$28,429 and Alternative Bid Item#1 in the amount of$10,800 for a total project bid price of$39,229; and be it Board of Trustees Meeting March 8,2005 Page 10 FURTHER RESOLVED, that $7,500.00 be transferred from the Safety Inspection Part- time Help Account 101.3620.199 to the Interfund Account 101.9950.900, to provide the additional funds necessary to complete this project; 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. Trustee Feinstein addressed Victor Carosi. She stated that she noticed the resolution stated the Village was rejecting the alternative#2 bid for alternative gutters and eye shield. Trustee Feinstein asked if this was something that would need to be repaired in the near future. Trustee Feinstein asked if this would be cost effective to do this project all at once. Victor Carosi addressed the Board. He stated that during their review of the AJP Community Center, the consultant noted that there was some potential, long term problems with the main shingled roof area above the common meeting area. They felt it would be appropriate to try to include it in this bid, however the alternate bid was more than was budgeted. This is something that we will need to address in the future, however it can wait a little while longer. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the fifth resolution on the agenda. RESOLUTION: 5) SUPPORTING THE PROPOSED WESTCHESTER COUNTY INDUSTRIAL DEVELOPMENT AGENCY PROJECT FOR RECKSON OPERATING PARTNERSHIP, LP, 1100 KING STREET. Mr. Bradbury read the following resolution: Board of Trustees Meeting March 8,2005 Page 11 RESOLUTION SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT RECKSON OPERATING PARTNERSHIP, LP, 1100 KING STREET WHEREAS, the Village of Rye Brook has received a notice of a Westchester County Industrial Development Agency Project (the "Project") in accordance with Section 923-a and Section 859-a of the General Municipal Law, and WHEREAS, the Reckson Operating Partnership, L.P. has requested financial assistance for the construction of 280,000 square feet of Class A office space on approximately 31.56 acres of unimproved land located at 1100 King Street in Rye Brook; and WHEREAS, the Westchester County Industrial Development Agency has issued a notice of Public Hearing on this project application on May 2, 2006 at 11:00a.m. at Rye Brook Village Hall; and WHEREAS, the Westchester County Industrial Development Agency has confirmed, by letter dated March 14, 2006, that this application currently does not include mortgage recording tax benefits, and would not grant any Mortgage Recording tax benefits without the consent of the Village of Rye Brook. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board hereby expresses its support for the Westchester County Industrial Development Agency Project with Reckson Operating Partnership, LP in accordance with the terms of the letter and public notice dated March 14, 2006. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the sixth resolution on the agenda: RESOLUTION: Board of Trustees Meeting March 8,2005 Page 12 6) AUTHORIZING AN AGREEMENT WITH WESTCHESTER COUNTY FOR POLICE DEPARTMENT EMERGENCY COMMUNICATIONS EQUIPMENT. Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING AN AGREEMENT WITH WESTCHESTER COUNTY FOR POLICE DEPARTMENT EMERGENCY COMMUNICATIONS EQUIPMENT WHEREAS, the County of Westchester has prepared a five (5)year agreement to provide the Rye Brook Police Department with certain emergency communications equipment at no charge to the Village of Rye Brook. NOW THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby authorizes the Mayor and Administrator to sign the Inter-municipal agreement and any related documentation with the County of Westchester for the purpose of providing this emergency communications equipment, subject to non-material contract changes made by the Village Attorney. Mr. Bradbury noted that this equipment would provide better communications with respect to emergency service and potentially increase response time from other communities if assistance is needed. The County is providing this equipment for all municipalities. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the seventh resolution on the agenda. RESOLUTION: 7) CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS. Board of Trustees Meeting March 8,2005 Page 13 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Suzan Porto of 15 Churchill Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Joel Simon of 34 Winding Wood Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Harvey Schiller of 26 Meadowlark Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Harvey Schiller of 26 Meadowlark Road is hereby reappointed Chairperson. APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Bill Laufer of 10 Loch Lane is hereby appointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Kenneth Finder of 3 Carlton Lane is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Steve Schoen of 68 Talcott Road is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Debbie Tempesta of 6 Oriole Place is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Ed Kulik of 21 Magnolia Drive is hereby reappointed Chairperson. APPOINTMENTS TO THE AIRPORT ADVISORY COUNCIL RESOLVED, that Marcia Teschner of 6 Doral Greens Drive East is hereby reappointed for a term that shall expire on the first Monday in April 2009;and be it Board of Trustees Meeting March 8,2005 Page 14 FURTHER RESOLVED, that Robert Larick of IS Bayberry Lane is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Michael Lulkin of 36 Meadowlark Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Stuart Perlman of 116 Doral Greens Drive W is hereby appointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Alessandra Moskowitz of 10 Bell Place is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that James Striar of 6 Millennium Place is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Marcia Teschner of 6 Doral Greens Drive East is hereby reappointed Chairperson. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD RESOLVED, that Richard Romm of 25 Talcott Road is hereby reappointed Chairperson. APPOINTMENTS TO THE ETHICS BOARD RESOLVED,that Michael Stolzar of 19 Rockinghorse Trail is hereby reappointed to for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Carol Goodman of 6 Legendary Circle is hereby reappointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Barbara Bernstein of 5 Mark Drive is hereby reappointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Robert Lewis of 16 Eagles Bluff is hereby reappointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Peter G. Reichman of 15 Mark Drive is hereby appointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Michael Stolzar is hereby reappointed Chairperson. APPOINTMENTS TO THE PLANNING BOARD Board of Trustees Meeting March 8,2005 Page 15 RESOLVED, that Warren Agatston of 15 Paddock Road is hereby reappointed Chairperson; and be it FURTHER RESOLVED, that Gary Zuckerman of 29 Hillandale Road is hereby reappointed for a term that shall expire on the first Monday in April 2011; and be it FURTHER RESOLVED, that James Winter of 14 Boxwood Place is hereby reappointed for a term that shall expire on the first Monday in April 2011. APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE RESOLVED,that the following individuals are hereby reappointed to the Records Management Committee for a term which expires on the first Monday in April, 2007: Lawrence A. Rand, Mayor Christopher J. Bradbury, Administrator Diane DiSanto, Treasurer Jean Gesoff, Senior Citizen Coordinator Theodore Sabato, Police Chief APPOINTMENTS TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION RESOLVED, that Mark Klapper of 1 Charles Lane is hereby reappointed Chairperson; and be it FURTHER RESOLVED, that Frank Pugliese of 6 Wilton Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that David A. Loewenstein of 802 King Street is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Rachel Chason of 57 Winding Wood Road South is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Michael Olio of 18 Rockridge Drive is hereby appointed for a term that shall expire on the first Monday in April 2009. APPOINTMENTS TO THE TRAFFIC COMMISSION RESOLVED,that Gerald Appelbaum of 1 Country Ridge Drive is hereby reappointed Chairperson; and be it FURTHER RESOLVED, that John Walter of 32 Brook Lane is hereby appointed to fill the unexpired term of Marcia Rogull for term ending on the first Monday in April 2007; and be it Board of Trustees Meeting March 8,2005 Page 16 FURTHER RESOLVED, that Tina Blank of 82 Greenway Close is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Mary Ann Ferraro of 165 Betsy Brown Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Jeff Rednick of 12 Meadowlark Road is hereby appointed for a term that shall expire on the first Monday in April 2009. APPOINTMENTS TO THE ZONING BOARD OF APPEALS RESOLVED, that Mark Harmon of 16 Hillandale Road is hereby reappointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED,that Mark Harmon of 16 Hillandale Road is hereby reappointed Chairperson. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the eighth resolution on the agenda. RESOLUTION: 8) CONSIDERING ANNUAL MEETING RESOLUTIONS. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS RESOLUTION Board of Trustees Meeting March 8,2005 Page 17 DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Lawrence A. Rand of 30 Hillandale Road is hereby declared elected to the office of Mayor of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that Joan L. Feinstein of 6 Robins Roost is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that Patricia Sanders Romano of 7 BelleFair Boulevard is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that said terms of offices are effective at noon on the Is' Monday of April 2006. RESOLUTION RETAINING VILLAGE ATTORNEY RESOLVED, that the law firm of Keane and Beane, PC (Edward F. Beane, Esq.) of 445 Hamilton Avenue, White Plains, New York 10601 is hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the retainer agreement dated July 9, 2004 and revised letter dated April 7, 2006. RESOLUTION APPOINTMENT OF LABOR COUNSEL RESOLVED,that the law firm of Grotta, Glassman & Hoffman (Craig R. Benson, Esq.) of 125 West 55"' Street, NY, NY 10019 is hereby retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF TAX CERTIORARI COUNSEL RESOLVED,that the law firm of Oxman, Geiger,Natale & Tulis, P.C. (Mark S. Tulis, Esq.) is hereby retained as Tax Certiorari Counsel for the Village of Rye Brook for the next ensuing fiscal year subject to the rates established in the letter dated April 11, 2005. RESOLUTION Board of Trustees Meeting March 8,2005 Page 18 RETAINING VILLAGE RISK MANAGER RESOLVED, that Risk Management Services, Inc. (Alan H. Bader) is hereby retained as Risk Manager for the Village of Rye Brook for the next ensuing official year subject to the terms of the Risk Management Proposal dated August 24, 1993. RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED, that Dolph Rotfeld Engineering, P.C. (Dolph Rotfeld, PE) is hereby retained as Engineering Consultant for the Village of Rye Brook for the ensuing official year subject to the terms of the Engineering Consultant Agreement dated May 19, 1995 and the hourly fee schedule received January 1, 2001. RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED, that Frederick P. Clark Associates, Inc. (David Stolman) is hereby retained as Village Planning Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms and rate schedule in the letter dated June 6, 2005 and approved by the Village Board on June 28, 2005. RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown,New York is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE CLAIMS AUDITOR RESOLVED,that Judith Belkin of 38 Rock Ridge Drive, Rye Brook,New York is hereby appointed as intermediate Account Clerk/Village Claims Auditor for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER Board of Trustees Meeting March 8,2005 Page 19 RESOLVED, that Catherine M. Spinosa of 14 Crest Drive, Yorktown is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Nick Mecca, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED,that Hope Vespia, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year. RESOLUTION RESOLUTION OF RECORDS MANAGEMENT OFFICER RESOLVED,that Christopher J. Bradbury of 3355 Poplar Street, Yorktown,New York is hereby appointed Records Management Officer for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second(2lld) and fourth(4th) Tuesday of each and every month are hereby designated as the Meeting nights of the Village of Rye Brook Board of Trustees pursuant to the adopted Rules of Procedure of the Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. RESOLUTION DESIGNATION OF SIGNATORIES Board of Trustees Meeting March 8,2005 Page 20 RESOLVED, the Mayor, the Village Administrator, Village Treasurer, and Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BAN'S) and other obligations of the Village; and be it FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone, online with Bank of New York, Wachovia, Commerce Bank, T.D. Bank North, NA (Hudson United Bank),Chase (JP Morgan), Hudson Valley, Bank of American or by voice or data transmission by any one of the above named signatories followed by written confirmation to the banks in accordance with the Village's Investment Policy. RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, Chase Manhattan/J.P. Morgan, Wachovia, Hudson Valley Bank, Bank of America, T.D. Bank North,NA (Hudson United Bank), Commerce Bank are hereby designated as depositories for the Village of Rye Brook. RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPER WHEREAS, the Village must publish legal notices in any newspaper designated as the official newspaper for the municipality; and WHEREAS, the Journal News is a daily newspaper circulated and available to its residents in the Village of Rye Brook; and WHEREAS, the Journal News can more easily meet the filing deadline requirements for the village to publish official notices; and WHEREAS, the Village Clerk is encouraged to publish notices in multiple newspapers covering the village. Now therefore be it RESOLVED, that the Journal News is hereby designated as the official Newspaper of the Village of Rye Brook for the ensuing official year. RESOLUTION FRIENDS OF RYE BROOK, INC. Board of Trustees Meeting March 8,2005 Page 21 RESOLVED,that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the Rules of Procedure of the Board of Trustees as amended on April 12, 2005 are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April 2006. On a motion made by Trustee Sanders Romano and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mr. Bradbury noted that there was one additional add-on resolution for the Board to consider. RESOLUTION: Mr. Bradbury read the following resolution: RESOLUTION TRANSFER/REALLOCATION OF FUNDS FOR GARIBALDI PARK RETAINING WALL RESOLVED, that the following transfer/reallocation of funds be hereby approved: FROM TO AMOUNT 000.0000.000 911.7140.445 $4,000 Inter-Fund Account (Recreation Equipment Repair and Supply Account—Lighting Replacement of the PCMS Ball Field) Board of Trustees Meeting March 8,2005 Page 22 On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Mayor Rand called for the first moratorium appeal on the agenda. APPEALS: 1) CONSIDERING AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 13 WOODLAND DRIVE. The representative of the applicant, Linda Whitehead, of McCullough Goldberger & Staudt addressed the Board. The applicant has submitted two letters and an affidavit stating why they feel that they should be entitled to a waiver. This application has been before the Planning Board for several months now. The applicant has agreed to make all of the modifications suggested by the Planning Board and its Consultants. They believe the application is consistent with the goals of the Village Boards. They made many changes already to try to address the issues. The applicant bought the property back in December with a goal of tearing down the existing house and constructing a new house on the property. They have invested a fair amount of money in this process already, however they are receiving no benefit. If they are subject to the moratorium the project will stall and result in a significant economic hardship to the applicant. At the time the applicant purchased the property, a moratorium had not been mentioned, and therefore they could not have anticipated this. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the appeal was granted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE Board of Trustees Meeting March 8,2005 Page 23 2) CONSIDERING AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 11 LOCH LANE. The representative of the applicant, Linda Whitehead, of McCollough Goldberger & Staudt addressed the Board. The applicant has submitted two letters and an affidavit stating why they feel that they should be entitled to a waiver. The applicant is seeking to perform additions and modifications to an existing home. The application for this project has been before the Planning Board for several months now. The applicant has agreed to all of the modifications requested by the Planning Board and their Consultants. They believe that this application is consistent with the goals of the Village Boards. The application purchased the property in October of 2005 with the intent of renovating the house, and this moratorium has halted that process. The applicant is seeking a moratorium appeal due to an economic hardship that it will place on them. The applicant is seeking to stay within the footprint of the original house, however they are seeking to add a front porch that would be outside of this footprint. The applicant would still have to apply for a variance with the Zoning Board. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the appeal was granted. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE 3) CONSIDERING AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SUBDIVISION/SITE PLAN APPLICATION AT 13 BEECHWOOD BOULEVARD. The representative of the applicant, Linda Whitehead, of McCullough Goldberger & Staudt addressed the Board. The applicant has submitted a letter and an affidavit stating why they feel that they should be entitled to a waiver. This application is for a two-lot subdivision seeking to build one new house in this location. This application has been before the Planning Board for several months. The Village's Planning Consultant has reviewed the proposed plans and has submitted an opinion to the Planning Board. This opinion stated that this project would have no impact on drainage or groundwater. The applicant believes that they have addressed all of the Village Consultants comments. The applicant is seeking a moratorium appeal due to an economic hardship that it will place on them. Trustee Feinstein made a motion to reject the appeal. This motion was seconded by Trustee Sanders Romano. The appeal was denied. Board of Trustees Meeting March 8,2005 Page 24 TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AYE 4) CONSIDERING AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 41 HILLANDALE ROAD. Joe Moschito, of 41 Hillandale Road, addressed the Board. The applicant purchased this property in February of 2006. On March 28, 2006 the applicant submitted a site plan application to the Village. The applicant is seeking an appeal to the moratorium due to the fact that he now owns two homes in Rye Brook. The applicant currently lives in BelleFair but planned on moving to 41 Hillandale Road. The applicant stated that this moratorium is delaying this move and creating an undue economic hardship on him. The applicant stated that if the appeal were not granted, he would have to sell the property located at 41 Hillandale Road. Trustee Feinstein stated that she would feel more comfortable adjourning this appeal until more information is submitted to the Board in order to make the proper decision. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the appeal was adjourned. TRUSTEE BROWN ABSENT TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG ABSENT MAYOR RAND VOTING AVE ADMINISTRATOR'S REPORT Mr. Bradbury addressed the Board. He noted that the King Street Athletic Field is moving along. The gravel has arrived and the under-drainage and filter fabric is being installed. Regarding rock blasting at the site, all of the permits have been issued and all of the nearby residents have been notified. Blasting should commence either this Thursday or Friday. The next step is the plantings surrounding the area. The EPA's cleanup project on 55 Hillandale Road is just about complete. The EPA will come back to the site every three months to perform follow up testing. Board of Trustees Meeting March 8,2005 Page 25 Village offices will be closed this Friday for the Holiday weekend. OLD BUSINESS Mayor Rand addressed a report from the Traffic Commission that highlighted a number of requests for the Traffic Commission to review some complaints regarding alternate side of the street parking on Highview Avenue, Westview Avenue and Roanoke Avenue. The Traffic Commission offered to review this issue at the direction of the Board of Trustees. The Village Board is requesting the Traffic Commission to review this issue. Mayor Rand noted that the next Board of Trustees meetings were scheduled for April 25, 2006 and May 9, 2006. There being no further business before the Board, the meeting was adjourned at 9:47 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting March 8,2005 Page 26