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HomeMy WebLinkAbout2005-08-09 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,AUGUST 9, 2005-7:30 P.M EXECUTIVE SESSION 7:00 PM: Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT: Dr. Lipsman as Commissioner of Health, Westchester County discussing the West Nile Virus PUBLIC HEARINGS: 1) Consideration of a proposed local law to amend Chapters 8, 16 and 250 of the Village Code regarding referrals to the Architectural Review Board, code enforcement and certain zoning requirements. 2) Consideration of a proposed local law to amend the Village Vehicle and Traffic Law concerning parking restrictions on Neuton Avenue, Tamarack Road, College Avenue and Hillcrest Avenue. RESOLUTIONS: 1) Adopting a local law to amend Chapters 8, 16 and 250 of the Village Code regarding referrals to the Architectural Review Board, code enforcement and certain zoning requirements. 2) Adopting a local law to amend the Village Vehicle and Traffic Law concerning parking restrictions on Neuton Avenue, Tamarack Road, College Avenue and Hillcrest Avenue. 3) Authorizing Snow and Ice Agreement for County Roads 2005-2010. 4) Approving amendment "B" to the Snow and Ice Agreement with NYSDOT for 2004- 2005 snow seasons. 5) Approving an inter-municipal agreement with Westchester County and the Village of Rye Brook for Prisoner Transportation. Board of Trustees Meeting August 9,2005 Page 1 6) Setting a public hearing date on a local law to amend Chapter 240 of the Village Code to prohibit the parking of vehicle on the front lawn of any private residence within the Village of Rye Brook. 7) Setting a date for a public hearing concerning modification of an approved site plan for renovations to 14 Rye Ridge Plaza, Win Ridge Realty, LLC, on behalf of Landsberg Jewelers. 8) Approving the cancellation of the August 23, 2005 Board of Trustees meeting. 9) Authorizing the issuance of $50,000 serial bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of various improvements to Village- owned parks, including sprinkler system improvements, in and for said Village. 10) Authorizing the 5ffi Annual Valley Terrace Block Party. 11)Approving the Village's contribution to the Columbus Day Parade Committee. 12) Approving minutes: 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). 13)Approving the Westchester Urban County Council Rider to Cooperation Agreements. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS • Rye Brook Citizen Survey Questions ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: September 13, 2005 and September 27, 2005 Board of Trustees Meeting August 9,2005 Page 2 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg 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 Mayor Rand welcomed everyone to the August 9, 2005 Board of Trustees Meeting, and began the meeting with the Pledge of Allegiance led by former Trustee Dean Santon. REPORT: DR. LIPSMAN AS COMMISSIONER OF HEALTH, WESTCHESTER COUNTY DISCUSSING THE WEST NILE VIRUS Dr. Joshua Lipsman, Westchester County Commissioner of Health, addressed the Board to give a presentation on West Nile Virus. He began by noting that West Nile Virus first appeared in 1999. Over the years researchers have learned that the virus, which attacks the brain and causes infection, is passed by mosquitoes. These mosquitoes breed where there is standing water, i.e.: watering cans, discarded cans and bottles, old tires, etc. Residents are reminded to eliminate standing water. If a resident needs assistance in removing the standing water, they can contact Westchester County who will be happy to offer assistance. Dr. Lipsman noted that the biggest reservoir for these mosquitoes are street catch basins. The County has a program in which these catch basins are treated every year. In addition, there is a surveillance program in place to watch for cases of the virus. Although this surveillance program is a crude tool, it is used for measurement. Dr. Lipsman stated that there are ten (10) permanent trap sites spread throughout Westchester County. There are also temporary sites that are set up from time-to-time. In 2004 a combined total of over 20,000 mosquitoes were caught in the County's traps. There were no West Nile virus infected misquotes detected in 2004 in Westchester for the entire season. Only one Westchester resident contracted West Nile Virus Disease, but probably did so from out-of-state travel. In 2003 about 2% of the mosquitoes tested positive for West Nile virus. In 2003 four (4) residents were diagnosed with West Nile Virus, none from Rye Brook. In 2002 there was approximately a 4% positivity rate of the mosquitoes tested in Westchester County. Two residents were diagnosed with West Nile virus, but neither was a resident of Rye Brook. Board of Trustees Meeting August 9,2005 Page 3 Dr. Lipsman stated that additional trap sites near the Bronx have been added. An additional trap site has also been added in Port Chester. Testing has now discovered West Nile virus in New Rochelle. With continued surveillance, the remediation of standing water, the application of larvaside, and the avoidance of mosquito bites, the County is hopeful that this will be a safe summer. The Village of Rye Brook is consulting with the County Department of Planning. Anything that the Planning Department plans on doing will be assisted by the County Health Department. Dr. Lipsman noted that the disease that West Nile causes is encephalitis. People who tend to be sick, and senior citizens with other pre-existing medical conditions, are apt to get this illness. This is a fairly severe illness. Symptoms include fever, headaches, and vomiting. There is also a non-symptomatic form of this virus infection. Mayor Rand noted that Rye Brook has worked with the County in previous years on precautionary items. Mr. Christopher Bradbury, Village Administrator, noted that the Village has worked proactively in preventing the virus by cleaning out the storm drains, and removing standing water. Dr. Lipsman thanked Rye Brook for its assistance, i.e. scheduling the catch basin cleaning to make it easy for the County to come in and put in the larvaside. He stated that the County does not have a specific signal that would trigger escalated intervention. It would be a combination of number of mosquitoes, types of mosquitoes, percentage of West Nile Virus positive mosquitoes, whether other animals, including birds, are found in high numbers with West Nile virus, etc. The County Health Department notifies all of the doctors in Westchester to watch out for symptoms of West Nile Virus. There is a belief that there may be a 20-year cycle for West Nile Virus, and this belief is connected to the life span of certain West Nile Virus susceptible birds. In 1999 and 2000 there were a lot of dead birds; the susceptible birds. Each year a fraction of the birds die off, and new birds are born that are not immune. This means that there could be another outbreak. Mayor Rand turned to the floor for questions. Lina Accurso of Rock Ridge Drive addressed the Board. She asked for clarification on the host and the carrier. Dr. Lipsman clarified that birds are the hosts. The birds don't spread the virus and humans cannot catch it from a bird, however, a mosquito can catch it from a bird. She expressed her concern for her elderly ill father and elderly ill aunt. Ms. Accurso expressed concern regarding natural habitat and how the changes in habitat effect wildlife. Dr. Lipsman was thanked for his presentation. Dr. Lipsman referred residents to the Village's website for additional information: www.Westchestergov.com/health. Board of Trustees Meeting August 9,2005 Page 4 PUBLIC HEARINGS: 1) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND CHAPTERS 8, 16 AND 250 OF THE VILLAGE CODE REGARDING REFERRALS TO THE ARCHITECTURAL REVIEW BOARD, CODE ENFORCEMENT AND CERTAIN ZONING REQUIREMENTS. Mr. Bradbury summarized the proposed changes to a Local Law. This amendment updates and clarifies some of the more recently adopted Codes. It also extends the timeframe for referrals from the Building Department to the Architectural Review Board, and deals with non-conforming buildings and exterior modifications to non-conforming buildings. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Richard Buzin, the public hearing was opened. It was noted that the proposed amendments were referred to the Planning Board in their capacity as an advisory body. The Planning Board reviewed this matter and made several suggestions, which were referred to the Board of Trustees. On a motion made by Trustee Richard Buzin, and seconded by Trustee Joan Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN 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 AMEND CHAPTERS 8, 16 AND 250 OF THE VILLAGE CODE REGARDING REFERRALS TO THE ARCHITECTURAL REVIEW BOARD, CODE ENFORCEMENT AND CERTAIN ZONING REQUIREMENTS. Mr. Bradbury read the following resolution. Board of Trustees Meeting August 9,2005 Page 5 RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTERS 8, 16 AND 250 OF THE VILLAGE CODE REGARDING REFERRALS TO THE ARCHITECTURAL REVIEW BOARD, CODE ENFORCEMENT AND CERTAIN ZONING REQUIREMENTS WHEREAS, a local law has been proposed to amend Chapters 8, 16 and 250 of the Village Code regarding the time frame for referrals to the Architectural Review Board ("ARB"), code enforcement issues and certain zoning requirements; and 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 August 9, 2005; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of the proposed local law is a "Type 11" action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapters 8, 16, 250 of the Code of the Village of Rye Brook regarding the time frame for referrals to the ARB, code enforcement issues and certain zoning requirements; 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 Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called the second public hearing on the agenda: Board of Trustees Meeting August 9,2005 Page 6 PUBLIC HEARING: 2) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING RESTRICTIONS ON NEUTON AVENUE, TAMARACK ROAD, AND COLLEGE AVENUE. Mr. Bradbury noted that this was a public hearing concerning parking restrictions on streets near the Port Chester High School. Problems were brought to the Village's attention regarding parking, loitering, and littering. The Village responded by working with the Traffic Commission, residents, the Police Department, and the Port Chester Board of Education to try and find a solution. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was opened. Mayor Rand noted that the Village has been working with the Port Chester Board of Education, residents, and the Village's Traffic Commission on this matter. Although legislative relief was sought, it was not granted. Now the Village will turn to Plan B. An application was made to the Attorney General for an opinion that the Village was seeking. This was obtained. Annual parking permits will be issued by the Village of Rye Brook to Port Chester High School employees for the school year. There must be a balancing between the residents of this road and the parking of students and teachers. The amendment proposes no standing on Hillcrest, and sets the hours for parking by permit only. It was noted that there is insufficient parking for teachers and staff. The proposed amendment will give the high school employees an additional 37 parking spaces. The hope is that the students will start to park their cars around the school's athletic field as there is ample parking in that area. The proposed change restricts parking after 7:00 a.m. There was a concern for the residents who may park in front of their homes and would have to get up and move their cars. A discussion surrounding start time ensued. Mr. George Varbaro, member of the Traffic Commission and resident of Neuton Avenue addressed the Board. He suggested no changes to the timeframe for the restriction of parking should be made. He felt that an 8:00 a.m. start time for the parking restriction was sufficient and that the 7:00 a.m. start time would be burdensome upon the residents. He noted that the parking is restricted during the winters — November 15 through March 15— and at that time there is no overnight parking on Hillcrest. Mayor Rand noted that the permits that will be issued will be issued only to individuals employed at the Port Chester High School on a first come first served basis. The parking permits must be prominently displayed and cannot be transferred. The residents must understand that they will not be issued permits. Mr. Varbaro felt that the permit parking will eliminate the number of students who now park in that area and it would open up more than enough parking spaces for teachers and Board of Trustees Meeting August 9,2005 Page 7 staff. Mayor Rand noted that this is an experiment — a work in progress. He suggested that the public hearing be held open, and that the matter be further reviewed and discussed. Trustee Buzin asked that this matter be addressed before the start of the school year. Livia Castellaus, a resident of Neuton Avenue addressed the Board. She noted that no teachers park in that area, even though they arrive first. The problems stem from students who do park on these streets. There has been loitering and littering. Students hang out around these cars. In order to fix these problems, the residents are willing to give up the ability to park in the front of their own homes. They appreciate the work being done by the Village on this matter. It was noted that the maximum amount of spaces available on these roads is approximately 37 spaces. The permit parking is beneficial to the teachers and staff, and this plan works for the residents would prefer to have the teachers park in front of their homes versus the students. This is far from a perfect solution, but it would make the situation better. Enforcement is going to be an issue in this matter. Trustee Feinstein requested several amendments to the text of the proposed local law. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 2) ADOPTING A PROPOSED LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING RESTRICTIONS ON NEUTON AVENUE, TAMARACK ROAD,AND COLLEGE AVENUE. Mr. Bradbury read the following resolution: Board of Trustees Meeting August 9,2005 Page 8 RESOLUTION ADOPTING A LOCAL LAW TO AMEND THE VILLAGE VEHICLE AND TRAFFIC LAW CONCERNING PARKING RESTRICTIONS ON NEUTON AVENUE, TAMARACK ROAD, AND COLLEGE AVENUE WHEREAS, the Board of Trustees of the Village of Rye Brook would like to make certain parking areas along portions of Neuton Avenue, Tamarack Road, and College Avenue available to employees of Port Chester High School; and WHEREAS, a proposed local law was introduced to add Section 240-20.2 to the Code of the Village of Rye Brook and to amend Sections 240-19 and 240-19.1 of the Code of the Village of Rye Brook in order 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, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on August 9, 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 August 9, 2005; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of such local law is a "Type 11" action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to add Section 240-20.2 to the Code of the Village of Rye Brook and to amend Sections 240-19 and 240.19-1 of the Code of the Village of Rye Brook to restrict parking along certain portions of Neuton Avenue, Tamarack Road, and College Avenue to permit holders, which additions and amendments are enacted into law as Local Law#13-2005; and BE IT FURTHER RESOLVED that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement and issue the parking permit fo the purposes of this resolution; and BE IT FURTHER RESOLVED that the Village Engineer/Village's Department of Public Works is authorized to install any and all signs necessary to implement the purposes of this resolution and Local Law#13-2005. Board of Trustees Meeting August 9,2005 Page 9 On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) AUTHORIZING SNOW AND ICE AGREEMENT FOR COUNTY ROADS 2005- 2010. Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING SNOW AND ICE AGREEMENT FOR COUNTY ROADS 2005-2010 WHEREAS, Westchester County requests that the Village of Rye Brook perform snow and ice removal and control for all County roads within the Village; and WHEREAS, the current agreement between Westchester County and the Village of Rye Brook, for snow and ice removal from County Roads, is due to expire as of September 20, 2005. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook is authorized to enter into a snow and ice agreement with the County of Westchester for the period of October 1, 2005 to September 30, 2010 under which the annual C.P.I. escalation provision subject to a 3.50 percent cap; and be it FUTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Feinstein requested several amendments to the Agreement. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting August 9,2005 Page 10 4) APPROVING AMENDMENT "B" TO THE SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2004-2005 SNOW SEASONS. Mr. Bradbury read the following resolution: RESOLUTION APPROVING AMENDMENT "B" TO THE SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2004-2005 SNOW SEASONS RESOLVED, that the Village of Rye Brook accepts Amendment B of the 2004/2005 indexed lump sum municipal snow and ice agreement (#D010799) with the State of New York, Department of Transportation; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) APPROVING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION. Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER Board of Trustees Meeting August 9,2005 Page 11 COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION RESOLVED, the Village of Rye Brook is authorized to enter into an inter- municipal agreement with Westchester County for prisoner transportation, for the period of January 1, 2005 to December 31, 2006; and,be it FURTHER RESOLVED, that the Mayor is 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 Buzin, the resolution was adopted. Mr. Bradbury noted that the Village is reimbursed by the County for prisoner transportation. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE TO PROHIBIT THE PARKING OF VEHICLE ON THE FRONT LAWN OF ANY PRIVATE RESIDENCE WITHIN THE VILLAGE OF RYE BROOK. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 240 THE VILLAGE CODE TO PROHIBIT THE PARKING OF VEHICLES ON THE FRONT LAWN OF ANY PRIVATE RESIDENCE WITHIN THE VILLAGE OF RYE BROOK WHEREAS, the Building Department has recommended that Chapter 240 of the Village Code be amended to prohibit the parking of any vehicles on the front lawn of any private residence within the Village of Rye Brook; and WHEREAS, a local law has been proposed to amend Chapter 240 regarding the above-referenced recommendation. Board of Trustees Meeting August 9,2005 Page 12 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on September 13, 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 Village Code to prohibit the parking of any vehicles on the front lawn of any private residence within the Village of Rye Brook. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. Mr. Bradbury noted that the Building Department is having trouble prohibiting people from parking their cars on their front lawns overnight. The proposed amendments would facilitate enforcement. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) SETTING A DATE FOR A PUBLIC HEARING CONCERNING MODIFICATION OF AN APPROVED SITE PLAN FOR RENOVATIONS TO 14 RYE RIDGE PLAZA, WIN RIDGE REALTY, LLC, ON BEHALF OF LANDSBERG JEWELERS. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING CONCERNING MODIFICATION OF AN APPROVED SITE PLAN FOR RENOVATIONS TO 14 RYE RIDGE PLAZA,WIN RIDGE REALTY, LLC, ON BEHALF OF LANDSBERG JEWELERS WHEREAS, Landsberg Jewelers has made an application to the Village of Rye Brook for site plan approval of a 90 square-foot increase to the building known as 14 Rye Ridge Plaza at the Rye Ridge Shopping Center, Rye Brook, New York, in the C1-P Zoning District, Section 1, Block 22, Lots 3, 3A and 4A-A on the map of the Tax Assessor. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Planning Board shall hold a public hearing on September 13, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan approval. Board of Trustees Meeting August 9,2005 Page 13 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 FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 8) APPROVING THE CANCELLATION OF THE AUGUST 23, 2005 BOARD OF TRUSTEES MEETING. Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE CANCELLATION OF THE AUGUST 23, 2005 BOARD OF TRUSTEES MEETING RESOLVED, that the Village of Rye Brook Board of Trustees hereby cancels the next Board of Trustees meeting that was scheduled on August 23, 2005; and be it FURTHER RESOLVED, that all public hearings scheduled for August 23, 2005 are hereby rescheduled for September 13, 2005; and be it FURTHER RESOLVED, that Village of Rye Brook Board of Trustees and the Village Planning Board shall hold a public work session on September 13, 2005. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) AUTHORIZING THE ISSUANCE OF $50,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS IMPROVEMENTS TO VILLAGE-OWNED PARKS, Board of Trustees Meeting August 9,2005 Page 14 INCLUDING SPRINKLER SYSTEM IMPROVEMENTS, IN AND FOR SAID VILLAGE. Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE ISSUANCE OF $200,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY,NEW YORK, TO PAY THE COST OF VARIOUS IMPROVEMENTS TO VILLAGE-OWNED PARKS,INCLUDING SPRINKLER SYSTEM IMPROVEMENTS,IN AND FOR SAID VILLAGE WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital 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 the class of objects or purposes of paying the cost of various improvements to Village-owned parks, including sprinkler system improvements, in and for the Village of Rye Brook, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $50,000 serial bonds of said Village pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of the aforesaid class of objects or purposes is hereby determined to be$50,000, and the plan for the financing thereof is by the issuance of the $50,000 serial bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years pursuant to subdivision 19 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein 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 serial 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. Board of Trustees Meeting August 9,2005 Page 15 Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged for 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 bonds 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 or she shall deem best for the interests of said Village; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds,prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of the 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 serial 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 Board of Trustees Meeting August 9,2005 Page 16 long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in The Journal News, the official newspaper, 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 Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. It was noted that the sprinkler system from Pine Ridge Park was removed from the budget for this year. Trustee Rosenberg asked that this project be considered for the next year's budget. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 10) AUTHORIZING THE 5TH ANNUAL VALLEY TERRACE BLOCK PARTY. Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE 5th ANNUAL VALLEY TERRACE BLOCK PARTY Board of Trustees Meeting August 9,2005 Page 17 RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Blvd. for the Valley Terrace Block Party on Saturday, September 10, 2005 (rain date of Sunday, September 11, 2005) is hereby approved with the terms to be established by the Rye Brook Police Department. 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 FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 11)APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE. Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus day parade sponsored by the Columbus day parade committee; and WHEREAS, the Village of Rye Brook Board of Trustees in the year 2001, 2002 and 2003 contributed $750.00 for said event, NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby requests that$750.00 be given to the Columbus day parade committee for its annual Columbus Day parade; and it is FURTHER RESOLVED, that the Columbus Day Parade Committee may use Hawthorne Avenue on Sunday, October 9, 2005 (rain date October 16, 2005) for the Columbus Day parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees Meeting August 9,2005 Page 18 Trustee Rosenberg felt that since Rye Brook donates a fair amount of money that there should be input on the type of entertainment. The Board agreed. Mayor Rand noted that the July 4th Committee was contacted. They apologized and stated that they will be much more diligent about the kind of entertainment in the future. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that there was an additional to the agenda. 12)APPROVING THE WESTCHESTER URBAN COUNTY COUNCIL RIDER TO COOPERATION AGREEMENTS Mr. Bradbury to read the resolution: RESOLUTION APPROVING THE WESTCHESTER URBAN COUNTY COUNCIL RIDER TO COOPERATION AGREEMENTS RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Mayor to sign all necessary documents to implement the Westchester Urban County Council Rider to Cooperation Agreements, as referenced in the letter dated August 5, 2005 from the Deputy Commissioner for Housing & Community Development. Board of Trustees Meeting August 9,2005 Page 19 On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. Mr. Bradbury pointed out that the resolution changes the agreement. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 13) 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). It was noted that corrections were given to the meeting secretary. As amended, a motion was made by Trustee Rosenberg and seconded by Trustee Feinstein to accept the summaries. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the draft Hazard Mitigation Plan was being worked on. A draft will be available for review on the Village's website. Mr. Bradbury stated that Con Edison is still working on Ridge Street. This is work that is important to the Village. The pipes that are being replaced are ones that are either leaking or have the potential for leaking. There are some sidewalks being ripped up along with the streets. It is the Village's expectation that the work will be completed before school starts. It is an inconvenience,but the Village will end up with new streets and new sidewalks. The Citizen Survey has been approved. This is a national survey where Rye Brook will have the opportunity to insert a few questions that pertain to our Village. The Board is reviewing the issues that it would like to address. Trustee Feinstein noted that three questions are being considered. These questions all have to do with recreation. She suggested that road repaving within the Village be addressed in this survey. Board of Trustees Meeting August 9,2005 Page 20 Mayor Rand noted that another issue that could be included could be the Village's sidewalk policy and whether it should be changed to reflect a 50/50 share between the residents and the Village. Another possible issue could deal with the timing of the Village elections, and changes in the terms. Mr. Bradbury noted that this is a professional survey. It is actually quite lengthy. It can be used to look at the Village's services. The target timeframe is late September or early October. An advance notice post card will be sent to residents, and will be followed by the survey. He noted that not all residents will be receiving this survey. As there was no new or old business to be addressed by the Board, Mayor Rand called for members of the public wishing to address the Board. Dominick Accurso, a resident of Rye Brook and a member of the Planning Board, noted that in the Westmore News there was an article regarding Rich Manor Park that he was looking for clarification on. Mr. Bradbury noted that the agreements referred to in the article have been addressed with the residents. Mr. Accurso noted that there was a special meeting held on June 7, 2005 at Village Hall. He asked how meeting minutes were approved by the Board of Trustees. Mr. Bradbury noted that a summary was prepared and approved by the Board of Trustees that was a combination of notes taken by Village Staff at the meeting, and input from the Board. Lina Accurso of 52 Rock Ridge Drive addressed the Board. She stressed that the residents of Rich Manor Park have been good citizens. They have paid hundreds of thousands of dollars in taxes. Unfortunately, they have been treated very poorly by the Village. What they were asking for was an additional 15' buffer, for a total of 30', between their property boundary and the Brook because they were very concerned about West Nile Virus. No safety study was done in connection with West Nile Virus and this matter. The residents would like the opportunity to discuss this matter with the Village. There being no further business before the Board, Mayor Rand called for a motion to close the meeting. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the meeting was adjourned at 9:35 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting August 9,2005 Page 21