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HomeMy WebLinkAbout2005-09-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 27, 2005-7:30 P.M EXECUTIVE SESSION 7:00 P.M.: Legal Matters ROLL CALL: PLEDGE OF ALLEGIANCE: PUBLIC HEARINGS: 1) Consideration of setting a public hearing date to consider a proposed local law amending Chapter 250 the Village Code regarding nonconforming uses, structures and lots. 2) Consideration of 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. RESOLUTIONS: 1) Adopting 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. 2) Setting a public hearing on an application for a five (5) year extension of the site plan and wetlands permit approvals for Phase 3 of the Reckson Executive Park. 3) Referring a site plan and special use permit application for a kitchen expansion at the Blind Brook Club, 980 Anderson Hill Road, to the Planning Board of the Village of Rye Brook. 4) Resolutions considering WRNN request for appeal of Board of Architectural Review Decision. 5) Authorizing Village to enter into access and boundary agreement. 6) Appointment to the Town of Rye Board of Assessment Review 7) Supporting sales tax relief efforts by Westchester County to provide a reduction of certain residential energy costs. 8) Supporting the development and implementation of a statewide first responder building mapping information system. 9) Authorizing Village land to be dedicated as parkland. 10)Authorizing use of Village streets for the Thanksgiving Day Parade. 11)Approving Minutes: August 9, 2005. ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEM: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: October 11, 2005 and October 25, 2005 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Mayor Lawrence Rand welcomed everyone to the regular meeting for the Board of Trustees, September 27, 2005. PUBLIC HEARING 1) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE REGARDING NONCONFORMING USES, STRUCTURES AND LOTS. Mayor Rand declared the public hearing open. Mayor Rand noted that this public hearing is going to be held open and discussed at another meeting in order to give the Planning Board and Zoning Board of Appeals more time to review the proposed local law. On a motion made by Trustee Feinstein and seconded by Trustee Rosenberg, the public hearing was adjourned until November 8, 2005. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE PUBLIC HEARING 2) CONSIDERATION OF 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. Mayor Rand declared the public hearing open. Trustee Rosenberg addressed the Board and summarized the proposed law. He stated that the purpose of this local law is to bring to compliance anyone who has a direct broadcast satellite antenna on their house, which under the current Code is illegal. In addition it also addresses commercial satellite uses as well. If you are in a residence you can have a satellite dish on your roof less than one meter without having to apply for a permit from the Village. However, Trustee Rosenberg asked what would happen to those residences and commercial business that already have a satellite antenna greater than one meter. Mr. Beane stated that language could, and would, be included in the proposed law that would grandfather those individuals that already have a satellite antenna greater than one meter in diameter. Mayor Rand called for a motion to close the public hearing. A motion was made by Trustee Rosenberg, and seconded by Trustee Buzin. 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 RESOLUTION 1) ADOPTING 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. Rang read the resolution: RESOLUTION ADOPTING 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; and WHEREAS, on July 26, 2005 the Village of Rye Brook Board of Trustees referred the proposed local law to the Technology and Communications Commission; and WHEREAS, the Technology and Communications Commission has reviewed the proposed local law and has referred the law back to the Board of Trustees with comments; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on September 27, 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 September 27, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law amending Chapter 196 of the Village Code of the Village of Rye Brook to distinguish between the uses of satellite earth station antennas upon residential and commercial properties, and to exempt certain satellite earth station antennas from permit, licensure and regulatory requirements. 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 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 RESOLUTION 2) SETTING A PUBLIC HEARING ON AN APPLICATION FOR A FIVE (5) YEAR EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK Mr. Rang read the resolution: RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR A FIVE (5) YEAR EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK WHEREAS, Reckson Operating Partnership, L.P. ("Reckson") is the owner of certain property located at 1100 King Street, Rye Brook, New York, which property also is commonly known as "Reckson Executive Park;" and, WHEREAS, Reckson has made an application to the Village of Rye Brook for a five (5) year extension of its Site Plan and Wetlands Permit Approvals (the "Approvals") for that portion of the Reckson Executive Park known as "Phase 3," which also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4 (the "Property"); and WHEREAS, the current Approvals for Phase 3 were to expire on August 8, 2005; and WHEREAS, Board of Trustees, at its June 14, 2005 meeting, granted a ninety (90) day temporary extension of the Approvals, until 11:59 p.m. on November 7, 2005, for Reckson to pursue its Application for an extension of the Approvals; and WHEREAS, Reckson now seeks to proceed with its application for a five (5) year extension of the Approvals. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall hold a public hearing on October 25, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider the application for a five (5) year extension of the Approvals; and BE IT FURTHER RESOLVED, that the application is hereby referred to the Planning Board for review and comment at its October 6, 2005 meeting so that feedback can be received by the Board of Trustees prior to the public hearing scheduled on October 25, 2005. On a motion made by Trustee Buzin, 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 RESOLUTION 3) REFERRING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A KITCHEN EXPANSION AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Rang read the resolution: RESOLUTION REFERRING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR A KITCHEN EXPANSION AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. WHEREAS, the Blind Brook Club has submitted an application to the Board of Trustees of the Village of Rye Brook for site plan and special use permit approval to construct a single story addition with basement to allow the expansion of the existing kitchen and to provide an interior fire stairway exit on their property at 980 Anderson Hill Road, Section 1, Block 4, Lot 1 in the R-20/Z-1 Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares its intention to act as Lead Agency for review of the subject application in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and after review of the EAF and other application materials submitted, makes a preliminary classification of the proposed action as Unlisted; and BE IT FURTHER RESOLVED, that the subject application shall be referred to the Village Planning Board for a report and recommendations; and BE IT FURTHER RESOLVED, that the applicant is directed to comply with Section 250-40 of the Village Code regarding notification; and BE IT FURTHER RESOLVED, that the applicant shall deposit the sum of$5,000 into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the costs of review of this application. Trustee Feinstein also noted that the Village residents be properly notified of the application. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution passed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTION 4) RESOLUTIONS CONSIDERING WRNN REQUEST FOR APPEAL OF BOARD OF ARCHITECTURAL REVIEW DECISION. Mr. Rang read the resolution: RESOLUTION REVERSAL OF THE DECISION AND ACTION OF THE RYE BROOK BOARD OF ARCHITECTURAL REVIEW DISAPPROVING A BUILDING PERMIT APPLICATION FOR 800 WESTCHESTER AVENUE ON BEHALF OF WRNN-TV ASSOCIATES LIMITED PARTNERSHIP WITH REGARD TO THE INSTALLATION OF TEN SATELLITE EARTH STATION ANTENNAES VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, on July 12, 2005, the Board of Trustees of the Village of Rye Brook issued a Resolution approving the Modified Site Plan of 800 Westchester Avenue on behalf of WRNN- TV Associates Limited Partnership subject to certain conditions; and WHEREAS, said conditions included: A vinyl panel fence will be installed to enclose the area where the satellite earth station antennas will be installed subject to the satisfaction of the Planning Consultant. The color of all dishes and fences shall be white. A vinyl panel fence is preferable to a stockade fence. (emphasis added) and WHEREAS, thereafter, the Applicant appeared before the Board of Architectural Review for approval of its application for a Building Permit; and WHEREAS, notwithstanding the condition in the Board of Trustees July 12, 2005, Modified Site Plan Approval concerning the type of fencing to be installed, the Board of Architectural Review ("BAR") disapproved the application for a Building Permit based on its finding that a white aluminum security fence rather than a white vinyl panel fence was required to be installed; and WHEREAS, based on the BAR's disapproval, the Building Inspector issued a determination denying WRNN's request for a Building Permit; and WHEREAS, WRNN has appealed the disapprovals of the BAR and Building Inspector to the Board of Trustees pursuant to § 8-10 of the Village Code; and WHEREAS, the Village Board has duly considered WRNN's appeal. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village Board of the Village of Rye Brook reverses the determination of the BAR rejecting the Applicant's Application for a Building Permit based on its rejection of the white vinyl panel fence to enclose the area where the satellite earth station antennas will be installed, notwithstanding that this requirement was a condition imposed by the Village Board's July 12, 2005 Conditional Modred Site Plan Approval; and BE IT FURTHER RESOLVED, that the Building Inspector is directed to issue a Building Permit to WRNN in accordance with the condition concerning the fencing set forth in its July 12, 2005 Conditional Modified Site Plan Resolution. Trustee Feinstein noted that this is a tough determination. The Board is appealing a decision of the Architectural Review Board. She recognizes that this committee works very hard and valiantly however, there are now three conflicting decisions. The Architectural Review Board determined that the white vinyl panel fence would not be suitable at this location. Conversely, The Planning Board, Technology and Communications Commission and the Village Board had already approved this action. This is a safety issue and feels that the white vinyl panel fence is the proper action. Representing the applicant, Anthony Gioffre of Cuddy and Feder, addressed the Board. After consultation with the landlord of the premises, the owner stated that they would prefer installing an aluminum panel fence instead of a vinyl panel fence. Therefore, Mr. Gioffre requests that the resolution be modified to install an aluminum fence. 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 FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING NAY RESOLUTION 5) AUTHORIZING VILLAGE TO ENTER INTO ACCESS AND BOUNDARY AGREEMENT. Mr. Rang read the resolution. RESOLUTION AUTHORIZING VILLAGE TO ENTER INTO ACCESS AND BOUNDARY AGREEMENT WHEREAS, the Village of Rye Brook is the owner of a certain park property known as Rich Manor Park. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village is authorized to enter into an Access Agreement and a Boundary Agreement with Jenny Frank and David Goldsmith residing at 54 Rock Ridge, Rye Brook, New York in form and manner subject to the satisfaction of the Village Attorney; and IT IS HEREBY FURTHER RESOLVED, that the Mayor is authorized to sign any and all documents necessary to implement the purpose of this Resolution. 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 AVE RESOLUTION 6) APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW Mr. Rang read the resolution: RESOLUTION APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW RESOLVED, that the Village of Rye Brook Board of Trustees hereby recommends that Brian G. Niles, of 70 Rock Ridge Drive, Rye Brook, NY, be appointed as the Rye Brook Designated Member to the Town of Rye Board of Assessment Review (BAR) for a term of five (5) years, beginning October 1, 2005, in accordance with the inter-municipal agreement among the Town of Rye, the Village of Port Chester, and the Village of Rye Brook; and BE IT FURTHER RESOLVED, that this resolution shall be forwarded to the Town of Rye for approval. On a motion made by Trustee Buzin 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 RESOLUTION 7) SUPPORTING SALES TAX RELIEF EFFORTS BY WESTCHESTER COUNTY TO PROVIDE A REDUCTION OF CERTAIN RESIDENTIAL ENERGY COSTS. Mr. Rang read the resolution: RESOLUTION SUPPORTING SALES TAX RELIEF EFFORTS BY WESTCHESTER COUNTY TO PROVIDE A REDUCTION OF CERTAIN RESIDENTIAL ENERGY COSTS WHEREAS, the Village of Rye Brook has received a letter dated September 21, 2005 from Westchester County Executive Andrew Spano, seeking to eliminate the County portion of the sales tax on home heating oil, natural gas, coal, wood and propane tanks of 100 gallons or more for the period December 1, 2005 to February 28, 2006; and WHEREAS, the Westchester County Executive has requested municipal support for this request, since the local governments are distributed a share of the sales tax collected; and WHEREAS, the Village of Rye Brook supports this request in order to reduce certain energy costs for its residents at a time when such costs have risen dramatically. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby supports the submission of legislation to eliminate the County portion of the sales tax on home heating oil, natural gas, coal, wood and propane tanks of 100 gallons or more for the period December 1, 2005 to February 28, 2006. On a motion made by Trustee Brown and seconded by Trustee Buzin, the resolution was adopted: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING NAY TRUSTEE FEINSTEIN VOTING NAY TRUSTEE ROSENBERG VOTING NAY MAYOR RAND VOTING AYE RESOLUTION 8) SUPPORTING THE DEVELOPMENT AND IMPLEMENTATION OF A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM. Mr. Rang read the resolution: RESOLUTION SUPPORTING THE DEVELOPMENT AND IMPLEMENTATION OF A STATEWIDE FIRST RESPONDER BUILDING MAPPING INFORMATION SYSTEM WHEREAS, the Village of Rye Brook has received a letter dated July 29, 2005 from New York State Assemblywoman Sandra R. Galef, seeking support of Bill A8072-A/S5025-A to create a statewide task force to form recommendations for the development and implementation of a statewide first responder building mapping information system; and WHEREAS, this system would provide information such as floor plans of public buildings to first responders in the event of an emergency; and WHEREAS, the Village of Rye Brook supports this request in order to mitigate damage and potential loss of life during times of emergencies, including terrorism or natural disasters. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby supports the submission of legislation to create a statewide task force to form recommendations for the development and implementation of a statewide first responder building mapping information system; and BE IT FURTHER RESOLVED, that a copy of this resolution be sent to Governor George Pataki and Assemblywoman Sandy Galef. 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 RESOLUTION 9) AUTHORIZING VILLAGE LAND TO BE DEDICATED AS PARKLAND. Mr. Rang read the resolution. RESOLUTION AUTHORIZING VILLAGE LAND TO BE DEDICATED AS PARKLAND WHEREAS, the Village of Rye Brook is the owner of a certain parcel of property consisting of 26.045 acres located at the corner of Lincoln Avenue and King Street; and WHEREAS, in connection with the development of the Bellefair Subdivision, a parcel consisting 8.42 acres was dedicated to the Village as General Municipal Area #2 and the remaining acres were dedicated to the Village as parkland for recreational purposes all as set forth and described on filed Map No. 26335, filed with the Westchester County Clerk's office on April 12, 1999 titled"Revised Subdivision Map of Bellefair," dated February 1, 1999; and WHEREAS, the Village has determined that it no longer has a need for general municipal use for the area identified as General Municipal Use Area No. 2. NOW, THEREFORE, BE IT HEREBY RESOLVED, that General Municipal Use Area No. 2 in the approximate area of 8.42 acres as indicated on Map No. 26335 is hereby dedicated as parkland for passive recreation and parkland uses only, such that the entire 26.045 acre parcel located at the corner of King Street and Lincoln Avenue is hereby deemed to be parkland for passive recreation and parkland uses only; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign documents to take any and all additional action necessary to implement this Resolution. On a motion made by Trustee Buzin 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 AVE RESOLUTION 10)AUTHORIZING USE OF VILLAGE STREETS FOR THE THANKSGIVING DAY PARADE. Mr. Rang read the resolution: RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR THE THANKSGIVING DAY PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 25, 2005 for the annual Thanksgiving Day Parade along the route described in the letter dated September 20, 2005 from Melissa Jordan, Assistant Property Manager for Win Ridge Realty, L.L.C.; and be it BE IT FUTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee 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 RESOLUTION 11)APPROVING MINUTES: AUGUST 9, 2005. Trustee Feinstein requested that these minutes be approved during another meeting. Mr. Beane requested that another resolution be added to the agenda so long as the Board approves adding another item. The Board agreed. RESOLUTION 12) ADOPTING A NEGATIVE DECLARATION FOR SALE OF VACANT LAND CONSISTING OF 0.07 ACRE Mr. Beane read the resolution: RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR SALE OF VACANT LAND CONSISTING OF 0.07 ACRE WHEREAS, the Village of Rye Brook is the owner of certain property located on King Street, Village of Rye Brook, New York which is adjacent to property owned by Robert Nioras located at 61 Hillandale Road, Rye Brook, New York 10573. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees as Lead Agency for the review of the proposed action determines that after review of the EAF and other information and analysiss and after due deliberation, that the proposed action will not result in any significant adverse environmental impacts; and BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts a negative declaration, for reasons stated therein, hereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village determines that the conveyance of this property is in the public interest, that it no longer needs to own the property for a municipal purpose, that Mr. Nioras is conveying to the Village an easement over a portion of his property located at 61 Hillandale Road and that the Village shall convey to Mr. Nioras, subject to an easement, the vacant 0.07 acre of land that is contiguous to 61 Hillandale Road; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all documents and take whatever actions are necessary to implement the intent and purpose of this resolution. 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 FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS The next Board of Trustees meetings are October 11, 2005 and October 25, 2005. There being no further business, the meeting was adjourned at 8:59 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk