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HomeMy WebLinkAbout2005-07-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JULY 26, 2005-7:30 P.M EXECUTIVE SESSION 6:30 PM: Personnel and Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a proposed local law to prohibit parking along certain portions of Hillandale Road and Dixon Street per Traffic Commission recommendations. RESOLUTIONS: 1) Adopting a local law to prohibit parking along certain portions of Hillandale Road and Dixon Street per Traffic Commission recommendations. 2) Appointment of Police Sergeant. 3) Approving the final report of the King Street — Merritt Parkway/Hutchinson River Parkway Interchange project and requesting NYS Implementation of this project. 4) Considering a Westchester County Bus Stop on King Street near the Bellefair entrance. 5) Supporting the Rich Manor Park Water Quality and Habitat Improvement Project. 6) Setting a public hearing date on proposed local law amending Chapters 8, 16 and 250 of the Code of the Village of Rye Brook regarding the time frame for ARB referrals, code enforcement and certain zoning requirements. 7) Setting a date for a public hearing on a local law to amend the Village Code concerning permit parking on Neuton Avenue, Tamarack Road and College Avenue. 8) Referring to the Technology and Communications Commission a proposed local law amending Chapter 196 of the Code of the Village of Rye Brook to distinguish between the use of satellite earth station antennas upon residential and commercial properties, and to exempt certain satellite earth station antennas from permit, licensure and regulatory requirements. Board of Trustees July 26,2005 Page 1 9) Authorizing the Village of Rye Brook to enter into a revised user license agreement regarding the Reverse 911 Interactive Community Notification System. 10) Approving certain real estate transactions with the owner of 61 Hillandale Road for the purpose of the King Street Athletic Fields project. 11) Endorsing a grant application for State Assistance payments from the New York State Office for the Aging. 12) Approving minutes: June 7, 2005; June 28, 2005; April 26, 2005; January 11, 2005; June 28, 2005 (Board of Trustees as Tree Removal Appeals Board) and June 14, 2005 (Board of Trustees as Tree Removal Appeals Board). ADMINISTRATOR'S REPORT OLD BUSINES 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 9, 2005 and August 23, 2005 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Michael Brown Trustee Paul Rosenberg Excused: Trustee Joan Feinstein STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the July 26, 2005 Board of Trustees meeting to order with the Pledge of Allegiance. Board of Trustees July 26,2005 Page 2 Mayor Rand, with the permission of the Board, took item#2 of the agenda out of order: 2) APPOINTMENT OF POLICE SERGEANT Mr. Christopher Bradbury, Village Administrator, was called upon to read the resolution: RESOLUTION APPOINTMENT OF POLICE SERGEANT RESOLVED, that Donald Davison of 123 First Street, Holbrook, New York, is hereby appointed to the position of Police Sergeant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $88,298 with an effective start date of July 27, 2005. On a motion by Trustee Paul Rosenberg, and seconded by Trustee Richard Buzin, the resolution was adopted. Mr. Keith Rang, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that this was a very, very hard decision as Rye Brook has many outstanding members on its police force. Officer Davison, who was chosen for the position, has an exceptional background and record with the Rye Brook police force. Officer Davidson addressed the Board. He stated that it is an honor to be able to serve the Rye Brook police department as a sergeant. Officer Davidson was congratulated by the Mayor and the Board. Mayor Rand called for the public hearing on the agenda: PUBLIC HEARINGS: Board of Trustees July 26,2005 Page 3 1) CONSIDERATION OF A PROPOSED LOCAL LAW TO PROHIBIT PARKING ALONG CERTAIN PORTIONS OF HILLANDALE ROAD AND DIXON STREET PER TRAFFIC COMMISSION RECOMMENDATIONS. Mayor Rand declared the public hearing open. Mr. Christopher Bradbury, Village Administrator, noted that this proposed local law will prohibit parking along certain portions of Hillandale Road and Dixon Street. Specifically, if passed, this local law will prohibit parking on the south side of Hillandale, from King Street to 115' in on Hillandale. Trustee Richard Buzin, the Trustee Liaison to the Traffic Committee, noted that this matter has been reviewed by The Traffic Committee. He stated that this is a matter of safety and prohibiting the on-street parking will make it much easier for emergency services to access this street. Mayor Rand called for comments from the public. Mr. Dom Cervi thanked the Board and the Traffic Commission for these amendments to the Village's Local Law. He reiterated that this change was being made in response to a safety issue brought to the Village's attention. Mayor Rand called for additional comments from the Board, and members of the public. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: RESOLUTIONS: 1) ADOPTING A LOCAL LAW TO PROHIBIT PARKING ALONG CERTAIN PORTIONS OF HILLANDALE ROAD AND DIXON STREET PER TRAFFIC COMMISSION RECOMMENDATIONS. Mr. Bradbury read the resolution: Board of Trustees July 26,2005 Page 4 RESOLUTION ADOPTING A LOCAL LAW TO PROHIBIT PARKING ALONG CERTAIN PORTIONS OF HILLANDALE ROAD AND DIXON STREET PER TRAFFIC COMMISSION RECOMMENDATIONS WHEREAS, the Traffic Commission has recommended certain parking restrictions on Hillandale Road and Dixon Street; and WHEREAS, a local law has been proposed to amend Chapter 240 of the Village Code regarding no parking restrictions. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on July 26, 2005, 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 July 26, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 209 of the Code of the Village of Rye Brook to prohibit parking along portions of certain roadways; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Item#3 on the agenda was called before the Board. 3) APPROVING THE FINAL REPORT OF THE KING STREET — MERRITT PARKWAY/HUTCHINSON RIVER PARKWAY INTERCHANGE PROJECT AND REQUESTING NYS IMPLEMENTATION OF THIS PROJECT. Board of Trustees July 26,2005 Page 5 RESOLUTION APPROVING THE FINAL REPORT OF THE KING STREET-MERRITT PARKWAY/HUTCHINSON RIVER PARKWAY INTERCHANGE PROJECT AND REQUESTING NYS IMPLEMENTATION OF THIS PROJECT WHEREAS, the Village of Rye Brook, NY and the Town of Greenwich, CT in a joint cooperative effort, hired Wilbur Smith Associates as a project consultant to work with an Advisory Committee to study the King Street- Merritt Parkway/Hutchinson River Parkway interchange and to develop alternative conceptual designs to address operational and safety deficiencies; and WHEREAS, this Advisory Committee, consisting of stakeholder representatives involving residents, officials, and staff from both Rye Brook, NY and Greenwich, CT, developed a mission statement, project goals and objectives, and considered numerous alternatives to address interchange operational issues and safety concerns, in an effort to gain consensus of the stakeholders; and WHEREAS, this Advisory Committee held numerous public meetings and solicited comments in both Rye Brook and Greenwich, which led to the submission of the April 2005 Final Report of the King Street/Merritt Parkway/Hutchinson River Parkway Public Improvement Project ("Final Report"); and WHEREAS, the Final Report of the Advisory Committee and the project recommendations were presented by Timothy Sorenson of Wilbur Smith to the Rye Brook Village Board and Town of Greenwich Board of Selectman at a joint public meeting held Tuesday, July 12, 2005 at Greenwich Town Hall, at which time residents and officials had an opportunity to review the report recommendations and express any concerns; and WHEREAS, at the July 12, 2005 meeting, both the Rye Brook Village Board and Greenwich Board of Selectman expressed their support of the recommended conceptual plan of the Advisory Committee and project consultant, which includes dual lane roundabouts north and south of the bridge and keeping the existing bridge intact at this intersection; and WHEREAS, the Village Board has considered the Final Report and the concerns of residents and officials from the public informational meeting held July 12, 2005, and finds that the recommended conceptual plan is in the best interest of the Village of Rye Brook and the Town of Greenwich and will promote health, safety, and general welfare of the residents, and provide for convenience and safety of the motoring public; and WHEREAS, at the July 20, 2005 meeting of the Town of Greenwich Board of Selectman, their Board unanimously passed a resolution supporting the recommended conceptual plan. Board of Trustees July 26,2005 Page 6 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, with the unanimous support of the Greenwich Board of Selectman, hereby endorses the recommended conceptual plan of the Advisory Committee in the Final Report, including the design and construction of a dual lane roundabout north and south of the King Street bridge and keeping the bridge intact at this intersection; and be it further RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor and Administrator to transmit this Final Report to the NYS Department of Transportation, with a copy to the State of Connecticut Department of Transportation, urging immediate implementation of the conceptual plan recommendations and follow-up steps identified in the report, including continued public participation on this project. On a motion made by Trustee Rosenberg and seconded by Trustee Buzin the resolution was adopted. Mayor Rand noted that this is a different scenario from the one that took place during the reconstruction of the Hutch. This matter has been discussed and it was unanimously agreed upon. It is a sound solution to a problem that now exists in regard to this dangerous intersection. Trustee Buzin noted that it took a year and a half to get to this point. He agreed with Mayor Rand that this is a sound solution. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 4) CONSIDERING A WESTCHESTER COUNTY BUS STOP ON KING STREET NEAR THE BELLEFAIR ENTRANCE. Mr. Bradbury read the resolution: Board of Trustees July 26,2005 Page 7 RESOLUTION CONSIDERING A WESTCHESTER COUNTY BUS STOP ON KING STREET NEAR THE BELLEFAIR ENTRANCE WHEREAS, the Westchester County Department of Transportation, by letter dated June 10, 2005, has indicated that they are planning to establish a bus stop on King Street near the main entrance to the Bellefair community, and has asked the Village to comment on this new stop; and WHEREAS, this additional bus stop would be located immediately north of the Bellefair entrance and be served by Bee-Line Route 12, which currently makes other stops on King Street between Anderson Hill Road and Rye Lake Roads. WHEREAS, the Village Board has notified the BelleFair Homeowners Association of the planned bus stop, and placed additional information on the Village's website. NOW THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook, after due deliberation about the impacts of this new stop and considering public safety, hereby authorizes the Mayor to respond to the Westchester County Department of Transportation Commissioner that the Village of Rye Brook does not recommend that this new bus stop be placed at the BelleFair entrance at this time. Mayor Rand noted that this matter has been before the Board several times. The Village made certain that the residents of Bellefair were aware of this proposal. There was no overwhelming request for this bus stop. Therefore, Rye Brook will object to this bus stop. He called for a motion from the Board. On a motion made by Trustee Buzin and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) SUPPORTING THE RICH MANOR PARK WATER QUALITY AND HABITAT IMPROVEMENT PROJECT. Board of Trustees July 26,2005 Page 8 Mr. Bradbury read the resolution: RESOLUTION SUPPORTING THE RICH MANOR PARK WATER QUALITY AND HABITAT IMPROVEMENT PROJECT WHEREAS, Westchester County, using a federal appropriation to the Soil and Water Conservation District and Department of Planning, will be implementing a program to stabilize and restore the stream bank and stream bank buffer along the eastern branch of Blind Brook in Rich Manor Park by removing invasive, non-native plant species and replanting the corridor with native grasses, sedges, rushes, wildflowers, shrubs and trees, with no matching funds from the Village of Rye Brook; and WHEREAS, the primary goal of this project is to improve water quality with secondary benefits including being habitat improvements; and WHEREAS, the boundary of the stream buffer adjacent to Rock Ridge Drive properties would be marked in a naturalistic manner, such as with small borders; and WHEREAS, Westchester County is currently preparing plan documents for this project and has informed the Village of Rye Brook that the award of this project must be made by Westchester County by September 30, 2005. NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook Board of Trustees hereby supports the implementation of this project by Westchester County, and acknowledges that the Village of Rye Brook will need to enter into an Inter- municipal Agreement for this project with Westchester County upon terms and conditions that are acceptable to both Westchester County and the Village of Rye Brook, and that access must be provided to the project site based upon terms and conditions that are acceptable to the Village of Rye Brook, Westchester County, and any involved property owner(s). Mr. Bradbury noted that the Village will have to ultimately enter into an IMA that is acceptable to both the Village and the County. This resolution simply acknowledges that this agreement will be made. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees July 26,2005 Page 9 6) SETTING A PUBLIC HEARING DATE ON PROPOSED LOCAL LAW AMENDING CHAPTERS 8, 16 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE TIME FRAME FOR ARB REFERRALS, CODE ENFORCEMENT AND CERTAIN ZONING REQUIREMENTS. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE ON PROPOSED LOCAL LAW AMENDING CHAPTERS 8, 16 AND 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE TIME FRAME FOR ARB REFERRALS, CODE ENFORCEMENT AND CERTAIN ZONING REQUIREMENTS WHEREAS, the Building Department has recommended certain changes to Chapters 8, 16, and 250 of the Code of the Village of Rye Brook, including: (a) elimination of the five (5) day referral period for referrals from the Building Department to the Board of Architectural Review; (b) incorporation of a provision allowing the code enforcement officer to issue Village Code violations; (c) incorporation of a provision allowing certain building department officials to enforce the provisions of the New York State Uniform Fire Prevention and Building Code; and (d) limitation of the language regarding the expansion of nonconforming uses to exterior structural alterations; and WHEREAS, a local law has been proposed to amend Chapters 8, 16 and 250 of the Village Code regarding the above-referenced recommendations; and WHEREAS, the Village of Rye Brook has received no further comments from the Westchester County Department of Planning; and WHEREAS, the only change made by the Village of Rye Brook Planning Board was to the number of days the Building Inspector has to refer an application to the Architectural Review Board; and WHEREAS, on June 26, 2005, the Village of Rye Brook Board of Trustees adopted a resolution referring the proposed local law to the Westchester County Department of Planning and the Village Planning Board for a review and recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 9, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 8, 16 and 250 of the Village Code regarding the time frame for Architectural Review Board referrals, code enforcement and certain zoning requirements. Board of Trustees July 26,2005 Page 10 On a motion made by Trustee Rosenberg and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) SETTING A DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PERMIT PARKING ON NEUTON AVENUE, TAMARACK ROAD AND COLLEGE AVENUE. Mr. Bradbury read the resolution RESOLUTION SETTING DATE FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND THE VILLAGE CODE CONCERNING PERMIT PARKING ON NEUTON AVENUE TAMARACK ROAD AND COLLEGE AVENUE WHEREAS, the Board of Trustees of the Village of Rye Brook would like to make certain permit parking areas along portions of Neuton Avenue, Tamarack Road and College Avenue available to employees of Port Chester High School; and WHEREAS, a local law has been proposed to restrict parking along certain portions of Neuton Avenue, Tamarack Road and College Avenue to holders of a parking permit issued by the Clerk of the Village of Rye Brook; and WHEREAS, the Village has received an opinion from the New York State Attorney General indicating that the Village can enact a permit parking system on Village streets within certain parameters. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 9, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to restrict parking along certain portions of Neuton Avenue, Tamarack Road and College Avenue to holders of a parking permit issued by the Clerk of the Village of Rye Brook. Board of Trustees July 26,2005 Page 11 Mayor Rand noted that this matter has been reviewed by the Board of Trustees for several months. The Port Chester Board of Education has been involved in the discussions, as have the residents of the area. Trustee Buzin pointed out that the Port Chester Board of Education has started work on the new parking lot. Once completed, the parking lot will help with the congestion in the area. On a motion made by Trustee Rosenberg and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 8) REFERRING TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION A PROPOSED LOCAL LAW AMENDING CHAPTER 196 OF THE CODE OF THE VILLAGE OF RYE BROOK TO DISTINGUISH BETWEEN THE USE OF SATELLITE EARTH STATION ANTENNAS UPON RESIDENTIAL AND COMMERCIAL PROPERTIES, AND TO EXEMPT CERTAIN SATELLITE EARTH STATION ANTENNAS FROM PERMIT, LICENSURE AND REGULATORY REQUIREMENTS. Mr. Bradbury read the resolution: RESOLUTION REFERRING TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION A PROPOSED LOCAL LAW AMENDING CHAPTER 196 OF THE CODE OF THE VILLAGE OF RYE BROOK TO DISTINGUISH BETWEEN THE USE OF SATELLITE EARTH STATION ANTENNAS UPON RESIDENTIAL AND COMMERCIAL PROPERTIES,AND TO EXEMPT CERTAIN SATELLITE EARTH STATION ANTENNAS FROM PERMIT, LICENSURE AND REGULATORY REQUIREMENTS WHEREAS, a local law has been proposed to amend Chapter 196 of the Code of the Village of Rye Brook regarding satellite earth stations. Board of Trustees July 26,2005 Page 12 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers the proposed local law to the Technology and Communications Commission for review and comment. Mayor Rand noted that Trustee Rosenberg has been very active in the review of this matter. At this time the matter is on the agenda for referral to the Technology and Communications Commission. Trustee Rosenberg briefly reviewed the reasons that this matter was being reviewed. He noted that a number of months ago it was brought to the Board's attention that all satellite receivers were out of compliance with Village Code. The Zoning Codes for satellite dishes are not enforced, therefore, it has now been suggested that the local law be amended. He noted an example of non-compliance, citing that if a pole is affixed to a home for the purpose of the installation of a satellite dish, it cannot be greater than 12' above the roofline without having to apply for a variance from the Village. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A REVISED USER LICENSE AGREEMENT REGARDING THE REVERSE 911 INTERACTIVE COMMUNITY NOTIFICATION SYSTEM. Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A REVISED USER LICENSE AGREEMENT REGARDING THE REVERSE 911 INTERACTIVE COMMUNITY NOTIFICATION SYSTEM WHEREAS, Village of Port Chester, Port Chester — Rye Union Free School District, Village of Rye Brook and the Blind Brook Union Free School District are Board of Trustees July 26,2005 Page 13 working together to purchase and implement the Reverse 911 Interactive Community Notification System; and WHEREAS, that the total cost of the Reverse 911 Interactive Community Notification System, minus any grants received, shall be shared equally between the Village of Port Chester, Port Chester — Rye Union Free School District, Village of Rye Brook and the Blind Brook Union Free School District; and WHEREAS, on March 8, 2005 the Village of Rye Brook Board of Trustees approved an Inter-Municipal Agreement and a previous End User License Agreement; and WHEREAS, a revised End User License agreement has been prepared between the Village of Rye Brook, Village of Port Chester, Port Chester— Rye Union Free School District, Village of Rye Brook and the Blind Brook Union Free School District, and Sigma Communications, Inc. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to execute the Reverse 911 Interactive Community Notification System End User License agreement on behalf of the Village of Rye Brook. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Rosenberg suggested that the company that the Village was purchasing the software from should be required to maintain an escrow account in the event that it should go out of business. He asked that the software vendor be approached for discussion of this matter. Mr. Bradbury noted that Rye Brook has received grants for this project. This will be a great benefit to both communities, and school boards. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees July 26,2005 Page 14 10) APPROVING CERTAIN REAL ESTATE TRANSACTIONS WITH THE OWNER OF 61 HILLANDALE ROAD FOR THE PURPOSE OF THE KING STREET ATHLETIC FIELDS PROJECT. Mr. Bradbury read the resolution: RESOLUTION CERTAIN REAL ESTATE TRANSACTIONS WITH THE OWNER OF 61 HILLANDALE ROAD FOR THE PURPOSE OF THE KING STREET ATHLETIC FIELDS PROJECT WHEREAS, in coordination with the project design of the King Street athletic fields project, the Village will need to install a storm water drainage line from the project site on King Street to the nearest storm sewer connection on Hillandale Road; and WHEREAS, no existing easement exists to carry the storm water drainage line from the King Street athletic fields project site to the closet municipal connection on Hillandale Road; and WHEREAS, the owner of the property at 61 Hillandale, upon terms and conditions that have been agreed upon by the Village of Rye Brook and the property owner, has agreed to provide a utility easement for the installation of the storm water drainage line. NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook, Board of Trustees, authorizes the Village to enter into the following real estate transaction with Mr. Robert Nioras, relating to his property located at 61 Hillandale Road, Rye Brook,New York 10573. 1. Mr. Nioras and the Village shall enter into an Easement Agreement pursuant to which Mr. Nioras shall grant to the Village an Easement for the construction, installation, reconstruction, maintenance, repair and/or replacement of a single storm water drainage line and all necessary appurtenances thereto under a upon a fifteen (15') foot Easement Area, which Easement Agreement shall include the following economic terms: a) Unless permanently abandoned by the Village, the Easement shall be permanent and bind successors and assigns of Mr. Nioras and the Village; b) The Village, at its sole cost and expense, will remove four to six dead or dying trees presently existing on the Easement Area in accordance with a diagram annexed to the Easement Agreement, and replace them with trees and shrubbery specified in the Easement Agreement; c) If any portion of an existing sprinkler system, fences, posts, wiring and other manmade structures must be moved or disturbed to accommodate the Board of Trustees July 26,2005 Page 15 construction and installation of the storm water drainage line, the Village shall, at its sole cost and expense, move, repair or replace such structures; d) The Village shall permit Mr. Noras, at his sole cost and expense, to relocate the Easement Area under the conditions specified in the Easement Agreement; and e) The Village shall convey to Mr. Noras a small parcel of property contiguous to 61 Hillandale Avenue ("Property") by a Bargain and Sale Deed as set forth in the Easement Agreement; 2. Simultaneously with said conveyance of the Property, Mr. Noras shall grant to the Village a permanent Easement over the entire Property by which the Village shall have full and free right to enter upon and gain access to the Property to install, construct, maintain, repair or replace necessary structures and appurtenances related to the King Street Athletic Field Project; and IT SHALL BE FURTHER ESOLVED THAT, the Mayor shall be authorized to sign the two (2) Easement Agreements and the Deed on behalf of the Village reflecting the economic terms set forth in this Resolution. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg. Mayor Rand noted that this property will not be used for construction. This agreement is an easement for storm water control and it will save the Village a lot of money. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 11) ENDORSING A GRANT APPLICATION FOR STATE ASSISTANCE PAYMENTS FROM THE NEW YORK STATE OFFICE FOR THE AGING. Mr. Bradbury read the resolution: RESOLUTION ENDORSING A GRANT APPLICATION FOR STATE ASSISTANCE PAYMENTS FROM THE NEW YORK STATE OFFICE FOR THE AGING WHEREAS, the New York State Office for the Aging, Bureau of Fiscal Operations, is accepting grant-in-aid applications for the Fiscal Year 2005-2006 to support senior citizen related activities; and Board of Trustees July 26,2005 Page 16 WHEREAS, the Village seeks funding sources to help offset costs to be incurred to create an environment where older persons can participate in activities for nutrition programs, transportation, computer access, case management, speakers and workshops, trips, entertainment, crafts, exercise, chorus, and acting groups; and NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees endorses the submission of a grant application to the NYS Office for the Aging, Bureau of Fiscal Operations, assistance payments; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary accomplish the purposes of this resolution. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Bradbury gave a brief overview of this matter, noting that the Village will receive a $1,000.00 grant from the State. This will allow the Village to run an acting workshop. This is a very nice program for the seniors. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 12) APPROVING MINUTES: JUNE 7, 2005; JUNE 28, 2005; APRIL 26, 2005; JANUARY 11, 2005; JUNE 28, 2005 (BOARD OF TRUSTEES AS TREE REMOVAL APPEALS BOARD) AND JUNE 14, 2005 (BOARD OF TRUSTEES AS TREE REMOVAL APPEALS BOARD). Mr. Bradbury noted that Trustee Feinstein had requested that the approval of the minutes be adjourned to the next meeting. Mayor Rand called for a motion to approve only the June 7, 2005 summary. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg the summary was approved. The remaining summaries will be reviewed at the next Board of Trustee meeting, when Trustee Feinstein will be in attendance. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that two (2) additional resolutions were added to the agenda, with the permission of the Board. Board of Trustees July 26,2005 Page 17 13)APPROVING THE AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND OLC/RBAG—RYE BROOK, LLC Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND OLC/RBAG—RYE BROOK, LLC WHEREAS, the Village of Rye Brook and OLC/RBAG—Rye Brook, LLC, have resolved all of their differences, including two issues that were reserved for future resolution by the May 11, 2004 Settlement Agreement between the Village and OLC/RBAG involving (a) the amount of consulting fees due and owing to the Village from OLC/RBAG for engineering services for the drainage project on Lots 1, 26, 27 and 28; and (b) OLC/RBAG's responsibility for the removal of trees in the non-disturbance area designated on the filed Subdivision Map, filed Map No. 26266; and WHEREAS, the Village and OLC/RBAG have agreed to a final resolution of these issues. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Mayor to execute an Agreement between the Village and OLC/RBAG reflecting this settlement; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the Agreement on behalf of the Village. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. Edward Beane, Esq. noted that this was an economic package whereby the Village will obtain an additional $31,000 from the developer, part of which is already in an escrow account. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 14)APPROVAL OF THE SALARIES FOR THE NON-UNION EMPLOYEES FOR THE VILLAGE OF RYE BROOK(EFFECTIVE JANUARY, 2005) Board of Trustees July 26,2005 Page 18 Mr. Bradbury read the following resolution: RESOLUTION ESTABLISHING 2005-2006 COMPENSATION OF NON-UNION EMPLOYEES RESOLVED, that the following annual salaries for the positions listed below are hereby approved effective June 1, 2005. TITLE SALARY Village Administrator/Clerk $126,000 Secretary to Village Administrator $51,328 Administrative Intern $38,665 Treasurer $87,006 Deputy Treasurer $73,350 Bookkeeper $37,674 Office Assistant—Financial $36,154 Caretaker(Village Offices) $31,122 Communications Services Coordinator $60,000 Village Engineer $93,725 Acting Building Inspector/Asst. $70,541 Sr. Office Assistant—Building $41,706 Intermediate Account Clerk/Typist- Building $36,203 Police Chief $112,000 Police Lieutenant $98,037 Office Assistant(Automated Systems) (Police) $44,119 General Foreman $70,230 Coord.— Senior Citizen Services $74,430 Recreation Assistant(Rec. Office) $43,821 Caretaker(AJP) $31,930 Superintendent of Recreation $70,541 Recreation Assistant $38,789 Recreation Leader $41,238 Recreation Assistant(AJP) $35,846 AND BE IT FURTHER RESOLVED, that the following benefits are adjusted: • All employees hired on or after January 1, 2006 must contribute 10% towards individual plan health insurance premiums and 25% towards family plan health insurance premiums. • A new sick leave incentive program will be started in the 2005 calendar year, providing the following benefit: 0 sick days =24 bonus hours paid Board of Trustees July 26,2005 Page 19 I or less sick day= 20 bonus hours paid 2 or less sick days = 16 bonus hours paid 3 or less sick days = 12 bonus hours paid 4 or less sick days = 8 bonus hours paid Over 4 sick days = 0 bonus hours paid New employees must be on payroll during the entire annual period to receive any payments. • The Village Board will also be having further discussions about improving the current post-employment health insurance benefits for current employees who reach 20 years of service. Additional information will be provided. Mr. Bradbury noted that a listing of all of the employees, their titles, and salaries was available to be reviewed in his office. This list also includes certain benefit adjustments. The average increase, on total, was 3.85% and it includes benefits. The Village will pay for health insurance to retirement for full-time employees of 20 years. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was approved. Mayor Rand thanked Mr. Bradbury for his hard work on this agreement that is fair to the employees, and fair to the taxpayers. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the Administrator's Report. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that Con Edison was working on King Street. They have been put on notice that the work must be completed by the commencement of the 2005 school year. The sidewalks may not be completed by that time,but it is the Village's hope that the street will be. Mr. Bradbury noted that the Hazard Mitigation group meets every two weeks. The deadline for a report from this committee is the end of September. There will be a public hearing on August 9, 2005, at which time a draft plan will be presented. Ultimately, the final draft will be presented to the Village Board. Information in connection with this plan is available on the website. Mr. Bradbury noted that the Fire Protection Board will be appointing a fifth member. Board of Trustees July 26,2005 Page 20 The Village's Technology Commission is working on the review of the cable franchise and agreements. The City of Rye has also been involved in this discussion, and continued research is being done on the addition of new services. Mr. Bradbury gave an update on the King Street Ball Fields. The closing on the two properties is coming soon. He noted that a lot of hard work has gone into these agreements, by the Village, the Arbors, the school district, Tennessee Gas. At this time the Village can move forward with the Legacy Grant. The Thomas Group states that the only issue that they are still working on are the soil borings that have been requested by Tennessee Gas in order to verify the depth of the pipeline. Mayor Rand called for comments from the members of the public. Ms. Alice Schoen of Talcott Road addressed the Board. She asked for clarification on the installation of the Children at Play signs, and the 15 MPH advisory signs. Mr. Victor Carosi, Village Engineer, responded. He noted that No Parking signs, a Warning Sign and Advisory Sign were all ready to be installed, and the locations have been approved. He noted, however, no Children at Play Sign would be installed. Mr. Carosi took a moment to review the Leaf Pick-Up Program for the fall. He noted that leaf pick up will be the same as last year. The equipment is being prepared, and the Village hopes that this program will go as well as it did last year. The Board of Trustees extended their congratulations to the Mayor and his wife on the upcoming marriage of their daughter. There being no further business before the Board, the meeting was adjourned at 9:00 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees July 26,2005 Page 21