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HomeMy WebLinkAbout2000-08-08 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,AUGUST S, 2000 -- 7:30 P.M. PLEDGE OF ALLEGIANCE ACTION: PUBLIC HEARING: 1. LOCAL LAW 1-2000 AMENDING CHAPTER 228 OF THE CODE OF THE VILLAGE OF RYE BROOK TO ADD ARTICLE V TO GRANT A PROPERTY TAX EXEMPTION TO PERSONS WITH DISABILITIES UNDER SECTION 459-C OF THE REAL PROPERTY TAX LAW RESOLUTIONS: 1. CALLING FOR A PUBLIC HEARING ON A LOCAL LAW REGARDING THE 2000 RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES 2. CALLING FOR A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 237 OF THE CODE OF THE VILLAGE OF RYE BROOK WITH REGARD TO EMERGENCY REPAIR AND UNSAFE BUILDINGS 3. APPOINTMENT OF A RECREATION ASSISTANT more- 4. AUTHORIZING THE ISSUANCE OF$60,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO PAY FOR THE PURCHASE AND INSTALLATION COSTS OF A TELECOMMUNICATIONS SYSTEM 5. CONSIDERING THE APPROVAL OF A COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC 6. CONSIDERING APPROVING THE RECKSON EXECUTIVE PARK PHASE III APPLICATION FOR AN AMENDED SITE PLAN 7. CONSIDERING THE ADOPTION OF THE VILLAGE OF RYE BROOK AIRPORT ADVISORY COUNCIL CHARTER S. CONSIDERING ACCEPTING THE COMPLETENESS OF THE DEIS FOR KF RYE BROOK/GARDEN INN 9. CONSIDERING INCREASING THE REGISTRATION FEE FOR THE RYE BROOK RECREATION YOUTH BOWLING PROGRAM 10. CONSIDERING THE APPROVAL OF HUDSON AND PACIFIC DESIGNS' PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE RED ROOF FARM BALL FIELD 11. PERSONNEL MATTERS 12. CONSIDERING ENTERING INTO AN IMA WITH THE COUNTY OF WESTCHESTER FOR THE "SMART" PROGRAM -more WRITTEN CORRESPONDENCE: 1. THOMAS HRONCICH, SUPERINTENDENT OF PARKS AND RECREATION RE: REQUEST TO CHANGE THE MEETING TIME FOR THE ADVISORY COUNCIL ON PARKS AND RECREATION NEXT TRUSTEES MEETING AUGUST 22, 2000 and SEPTEMBER 12, 2000 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING at (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY, AUGUST S, 2000 --7:30 P.M. CONVENE MEETING: The Meeting was called to order at 7:3 0 p.m. by Mayor Francis Filipowski in the Meeting Room, and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowsld Trustee Jody H. Brackinan Trustee Donald E, Degling Trustee Roger Herman Trustee Lawrence Rand Village Staff attending the meeting were: Acting Village Administrator, Charles Peretz Village Attorney, Kenneth E. Powell Village Consultant, Christian Miller Police Chief, Robert Santoro Building Inspector, Bill Gerety Superintendent of Parks and Recreation, Thomas Hroncich Recreation Assistant, Alfred"Ike"Kuzio Meeting Secretary, Paula Patafio Mayor Filipowski began the meeting with the introduction of Rye Brook's new Village Administrator, Mr. Christopher Bradbury. Mr,Bradbury who joins Rye Brook after eight years of service to the City of Rye,thanked the Mayor and the Board of Trustees for selecting him for the position. His first official day will be August 21 S` The Mayor then moved to the Public Hearing portion of the agenda. PUBLIC HEARINGS: 1. LOCAL LAW 1-2000 AMENDING CHAPTER 228 OF THE CODE OF THE VILLAGE OF RYE BROOK TO ADD ARTICLE V TO GRANT A PROPERTY TAX EXEMPTION TO PERSONS WITH DISABILITIES UNDER SECTION 459-C OF THE REAL PROPERTY TAX LAW. Mr. Charles Peretz, Acting Village Administrator, read the Resolution. RESOLUTION ADOPTING LOCAL LAW# 1-2000 TAX EXEMPTION FOR PERSONS WITH DISABILITIES RESOLVED, that Local Law 9 1-2000 providing for a tax exemption for persons with disabilities pursuant to Real Property Tax Law,Section 459-c,is hereby adopted and enacted into law, Mr. Ken Powell, Village Attorney, gave a brief explanation of the law. He noted that this was a local law which will provide real property tax exemptions to people with disabilities. This law provides an exemption of 5% to 50% based upon a sliding income scale. Individuals must be receiving Social Security Disability, SSI or similar benefits and mare an application in order to qualify. This exemption cannot be combined with any other exemption, i.e., the senior citizen exemption. There being no further discussions,Mayor Filipowski moved to the Resolution portion of the meeting. On a motion made by Trustee Brackman and seconded by Trustee Rand,Mr. Peretz read the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye RESOLUTIONS: 1. CALLING FORA PUBLIC HEARING ON A LOCAL LAW REGARDING THE 2000 RETIREMENT INCENTIVE PROGRAM FOR ELIGIBLE EMPLOYEES. Mr. Peretz read the following Resolution; RESOLUTION CALLING FOR A PUBLIC HEARING EARLY RETIREMENT INCENTIVE CHAPTER 86 OF THE LAWS OF 2000 RESOLVED,that the Board of Trustees will conduct a public hearing on August 22, 2000 at 7:30 p.m. at Village offices, 938 King Street, Rye Brook, New York on a local law electing an early retirement incentive program as authorized by Chapter 86 of the Laws of 2000 for the eligible employees of the Village of Rye Brook. Mr. Powell noted that the State of New York has adopted an early retirement incentive which allows the municipality to offer additional month of service credit for each year of service. The incentive would onlybe applicable to employees eligible for retirement. Mayor Filipowski asked that Mr.Powell evaluate the impact that this resolution would have on the Village if everyone were to accept it. Mr. Powell stated that he would have this evaluation completed by the next Board of Trustee's meeting. On a motion made by Trustee Bradman, and seconded by Trustee Rand,Mr. Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 2. CALLING FORA PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER 237 OF THE CODE OF THE VILLAGE OF RYE BROOK WITH REGARD TO EMERGENCY REPAIR AND UNSAFE BUILDINGS. Mr. Peretz read the Resolution. RESOLUTION ADOPTING LOCAL LAW 62 - 2000 AMENDING CHAPTER 237 OF THE CODE OF THE VILLAGE OF RYE BROOK RESOLVED, that Local Law#2 - 2000 to amend Chapter 237 of the Code of the Village of Rye Brook with regard to emergency repair of unsafe buildings is hereby adopted and enacted into law. Mr. Powell noted that there has recently been a situation in which the Building Department in the Village where a building is in severe disrepair and the Building Department has been involved in evaluating the building and determining what should be done. There is a local law that provides for the evaluation of unsafe buildings and their demolition, but it does not define demolition standards or emergency repairs. It would be in the Village's best interest if a local law were in place with regard to emergency repairs. The cost of the emergency repairs would be assessed against the property owner's taxes. On a motion made by Trustee Brackman, and seconded by Trustee Herman, Mr. Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor FiIipowski Voting Aye The next item was called before the Board. 3. APPOINTMENT OF A RECREATION ASSISTANT. Mr. Peretz read the Resolution, RESOLUTION APPOINTMENT OF RECREATION ASSISTANT RESOLVED, that Alfred E. Kuzio, 12 Canterbury Drive, Clinton, New York, is hereby appointed to the position of Recreation Assistant 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 for the position is $30,000 with an effective start date of August lb, 2000 and a probationary period of six months. On a motion made by Trustee Brackman, and seconded by Trustee Degling, Mr. Peretz called the role; Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski introduced Alfred "Ilse"Kuzio to the Board and members of the public. Mr. Kuzio addressed the Board and thanked them for his appointment. Mr. ICuzio is a recent graduate of SUNY Cortlandt and has been working as a Youth Coordinator. 4. AUTHORIZING THE ISSUANCE OF $60,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK TO PAY FOR THE PURCHASE AND INSTALLATION COSTS OF A TELECOMMUNICATION SYSTEM. Mr, Peretz read the resolution; A RESOLUTION AUTHORIZING THE ISSUANCE OF$60,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE AND INSTALLATION OF A TELECOMMUNICATION SYSTEM FOR SAID VILLAGE BE IT RESOLVED,by the Board of Trustees of the Village of Rye Brook, Westchester County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the purchase and installation of a telecommunication system for the Village of Rye Brook, Westchester County, New York including incidental expenses in connection therewith, there are hereby authorized to be issued$60,000 serial bonds of said Village pursuant to the Local Finance Law. Section 2. The maximum estimated cost of the aforesaid specific object or purpose is hereby determined to be$60,000, and the plan for the financing thereof is by the issuance of the $60,000 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 specific object or purpose is five years, pursuant to subdivision 25 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 will not exceed 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 or Deputy 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 or Deputy Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged 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 in said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. 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 of Deputy 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 or Deputy 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 or Deputy 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 or Deputy 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 or Deputy 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 ex hanged 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 or Deputy Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: 1) 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 compiled 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 area authorized in violation of the provisions of the Constitution, Section 11. This resolution ,which takes effect immediately, shall be published in full in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 8 L00 of the Local Finance Law, On a motion made by Trustee Degling, and seconded by Trustee Rand, Mr. Peretz called the role; Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye There being no discussion the Board moved to the next item on the agenda. 5. CONSIDERING THE APPROVAL OF A COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041,INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC. Mr. Peretz read the Resolution. r RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Village of Rye Brook Professional Firefighters Mutual Aid Association, Local 4041, International Association of Firefighters, AFL-CIO, CLC for the term of June 1, 2000 to May 31, 2003; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this Resolution. Mr. Powell noted that this agreement contains a grievance period and a relative listing which is slightly more than the personnel rules. Having worked with the Firefighters on this Agreement, Trustee Degling,noted that he felt that this was a very fair contract. On a motion made by Trustee Brackman, and seconded by Trustee Degling, Mr. Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 6. CONSIDERING APPROVING THE RECKSON EXECUTIVE PARK PHASE III APPLICATION FOR AN AMENDED SITE PLAN. Mr. Christian Miller, Village Planning Consultant, stated that there was a draft resolution before the Board this evening to consider adopting a negative declaration in connection with the second amended site plan for Reckson Phase III, Accompanying this was a Resolution for a Site Plan and Wetlands Permit. Editorial changes have been made to these documents and are indicated in a memo which was circulated this evening. Nearly all of the changes are editorial with the exception of the last two pages, conditions 14, 15 and 16. Mr. Miller noted that the intent of these changes was not to amend anything that has been presented,but rather to clarify what the developer was required to do regarding a double left turn lane on King Street. This is an improvement that will be necessary if indicated by specific traffic conditions. The Resolution before the Board this evening will require improvements on King Street, including a right turn into the project as well as a traffic signal. The clarification is that the applicant will be responsible for providing • r the double turn lane if a threshold is exceeded. The threshold is 725 vehicles in the morning peak hour. If this threshold is not exceeded, then the applicant would not be required to provide this improvement, This issue will be looked at after the entire project has achieved 90%occupancy and, at that time, the applicant will be required to submit traffic studies. The studies will be conducted over a three year period, This improvement will require requisite approvals frons the New York State Department of Transportation and the Town of Greenwich. Mayor Filipowski asked for clarification regarding the buffer that was agreed upon, between the Reckson property and Doral Greens on the South, and Belle Fair on the North. Mr. Divney of Divney, Tung, Schwalbe, the representative for the applicant, reviewed the buffer areas and agreed to amend the drawings to delineate the area of no disturbance. No buildings or parking area will extend beyond that dimension. Mr. Miller read the following to be included in the Resolution: "No building or parking area shall be constructed on the site in the triangle formed by the westerly edge of the parking area of Phase I, the easterly edge of the parking area of Phase III and the southern property line," Additionally to be included is the following: "No building or parking area shall be constructed on the site in the buffer areas to be formed between the northwesterly corner of Phase II parking area, the northerly most point of the Phase III parking area and the northern property line." These conditions will be included and the plans will be required to reflect these changes as well. Mr, Victor Carosi, Village Engineer, and Mr. Bill Gerety, Building Inspector, felt that these provisions would be adequate. The corrected Resolution supersedes all prior Resolutions, Mr. Peretz read the Resolution: RESOLUTION Adopting Negative Declaration for Second Amended Site Plan and Wetlands Permit Application Reckson Executive Park- Phase 3 or 1C Section 1,Block 3, Lots 2, 3 and 4 WHEREAS,on May 18,2000,Reckson Operating Partnership,L.P.(the"Applicant")submitted an application to the Village of Rye Brook requesting second amended site plan and wetlands permit(the"Second Amended Application") approval to construct the third and final phase of the previously approved Reckson Executive Park(formerly known as Royal Executive Park)on property designated on the Town of Rye Tax Map as Section 1, Block 3,Lots 2, 3 and 4; and WHEREAS,amended site plan and wetlands permit approval(the"Amended Application"}was approved on September 22, 1998,by the Village of Rye Brook Board of Trustees (the"Village Board")to construct a total of 360,000 square feet of office space in two separate buildings; 1435 parking spaces;storm water qualitybasins;traffic improvements at the site access drive and King Street; landscaping and other related improvements; and WHEREAS,prior to the approval of said Amended Application a Negative Declaration was adopted by the Village Board of Trustees (the"Village Board") acting as Lead Agency under SEQRA on August 18, 1998; and WHEREAS, the current Second Amended Application proposes the following modifications from the previously approved Amended Application: • A reduction in total floor area from 360,000 to 280,000 square feet; • A consolidation of two office buildings into one; • An approximately 315-space reduction in the total amount of parking and commensurate reduction in related impervious site coverage; • A reduction in the amount of wetland buffer disturbance; • An increase in the setbacks of parking area and building from the northern and southern property lines; • The addition of a story and a 13-foot increase in the absolute building height; • The elimination of the double-left turn lane on Ding Street; and WHEREAS,the original site plan(the"Original Application")was approved on November 5, 1980 by the Town of Rye Town Board in connection with a multi-phased,900,000 square-foot office development known as Royal Executive Park; and WHEREAS,in connection with the Original Application approval a Draft Environmental Impact Statement(DEIS),Final Environmental Impact Statement(FEIS)and Environmental Findings were prepared and accepted by the Town of Rye Town Board; and WHEREAS, following the incorporation of the Village of Rye Brook in 1982, subsequent requests for site plan amendments were approved by the Village Board and were subject to additional environmental review and traffic analysis conducted in 1984, 1986 and 1990; and WHEREAS,in connection with the Second Amended Application, the Applicant submitted a Full Environmental Assessment Form and a Traffic Assessment prepared by John Collins,Traffic Consultants dated June 7,2000; and WHEREAS,on May 23,2000 the Village Board declared its intent to act as Lead Agency with respect to this matter as provided for under the State Environmental Quality Review Act (SEQRA); and WHEREAS,the Village Clerk circulated the Full EAF and related application materials to all Involved and Interested Agencies as required under SEQRA; and WHEREAS,on June 27, 2000,the Village Board declared itself Lead Agency under SEQRA and set a public hearing on the Second Amended Application; and WHEREAS,on July 25,2000,the Village Board conducted and closed a public hearing on the Second Amended Application, at which time all those wishing to be heard were given the opportunity to be heard; and WHEREAS,the Village Board is familiar with the subject property, its surroundings and the complete environmental record; and WHEREAS, the Village Board has considered the comments of interested and involved agencies, the public,Village staff and professional consultants; NOW, THEREFORE,BE IT RESOLVED,that the Village Board, acting as Lead Agency finds that the proposed action will not result in any significant adverse environmental impacts and hereby adopts a Negative Declaration pursuant to the requirements of Article 8 of the New York State Environmental Quality Review Law and 6 NYCRR Part 617; and BE IT FURTHER RESOLVED, that the Village Board, as Lead Agency, cites the following reasons supporting this Negative Declaration: • The proposed action significantly reduces potential adverse impacts as compared to the previously approved Amended Application,which received a Negative Declaration by the Village Board on August 18, 1998. These modifications include a reduction in impervious area, an increase in storm water basin capacity and water quality treatment provisions, increased parking and building setbacks from perimeter property lines, a reduction in vehicle trips and a reduction in utility and community service demands. Pursuant to Section 617.9(a)(7) of SEQRA, there have been no changes in the project, newly discovered information or changes in circumstances that were not evaluated as part of prior environmental reviews that require the preparation of a supplemental EIS in connection with the currently proposed action. • The proposed action will not have a significant adverse impact on land. The proposed action will occur primarily within portions of the site disturbed as a result of prior construction activities. Disturbances to steep slopes are not significant and will be minimized with the implementation of sediment and erosion control measures to address potential soil erosion impacts during construction. • The proposed action will not have a significant adverse impact on water. Ground water flow patterns will not be altered by the proposed action and there will be no subsurface sewage disposal, The proposed action will also not have a significant adverse impact to r surface water resources. Storm water quantity and quality will be maintained through the implementation of a storm water management plan, wetland mitigation plan and a sediment and erosion control plan. • The proposed action will not have a significant impact on air as compared to the existing condition. • The proposed action will not have a significant adverse impact on vegetation nor any threatened or endangered species. Most of the proposed construction will occur within previously disturbed areas and will not result in the significant removal of trees or other vegetation. The proposed action will also involve the implementation of a landscape plan. The subject site is also not known to support any threatened or endangered species or other significant wildlife that would be significantly impacted by the construction of the proposed action. • The proposed action will not have an impact on agricultural lands or resources since none exist on or within the vicinity of the project site. • The proposed action will not have a significant adverse impact on visual or aesthetic resources. The proposed office building will be consistent with the visual character of the existing office park and surrounding area. The proposed buffer, landscape plan, building design and topography will minimize potential visual impacts of the proposed action and help maintain the character of the surrounding properties. • The proposed action will not have a significant adverse impact on historic or archaeological resources. No such resources are known to exist on the site. • The proposed action will not have a significant adverse impact on open space or recreational opportunities. The proposed building setback, landscaping and perimeter buffer will maintain the visual character of the area, The site does not currently support recreational opportunities. • The proposed action will not have a significant adverse impact on the Westchester County 60 Ldn Noise Contour, which is a critical environmental area (CEA). The proposed office use is consistent with the activities and characteristics of this CEA. • The proposed action will not have a significant adverse impact on transportation. The proposed development will result in an increase in vehicle trips,but such increases will be minimized through the implementation of traffic improvements on Ting Street at the site access drive. • The proposed action will not have a significant adverse impact on energy. The proposed office building will be constructed in accordance with all applicable conservation measures and modern energy-efficient standards. • The proposed action will not have a significant adverse impact on noise or odor. The nature of the use of the office building will not generate significant noise levels or odors other than during short-term periods in connection with the proposed construction activities. All construction will be conducted in accordance with Village requirements. • The proposed action will not have a significant adverse impact on public health; no hazardous substances exist on the property or will be used in connection with the proposed action. • The proposed action will not have a significant adverse impact on the growth or character of the surrounding community. The proposed use is permitted pursuant to the Village's Zoning Code and prior valid site plan approvals and will not have a significant impact on the surrounding land use character. The proposed action will also not result in a significant increase in demand for additional community services. There being no further comments, the Mayor asked for a motion on the resolution. A motion was made by Trustee Brackman and seconded by Trustee Degling, Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye RESOLUTION Second Amended Site Plan and Wetlands Permit Approval Reckson Executive Park-Phase 3 or 1C Section 1,Block 3,Lots 2,3 and 4 WHEREAS, on May 18, 2000, Reckson Operating Partnership, L.P. (the "Applicant") submitted an application to the Village of Rye Brook requesting second amended site plan and wetlands permit(the "Second Amended Application") approval to construct the third i and final phase of the previously approved Reckson Executive Park (formerly known as Royal Executive Park) on property designated on the Town of Rye Tax Map as Section 1, Block 3, Lots 2, 3 and 4; and WHEREAS, amended site plan and wetlands permit approval (the "Amended Application") was granted on September 22, 1998,by the Village of Rye Brook Board of Trustees (the"Village Board")to construct a total of 360,000 square feet of office space in two separate buildings; 1435 parking spaces, storm water quality basins, traffic improvements at the site access drive and King Street, landscaping and other related improvements; and WHEREAS, the current Second Amended Application proposes the following modifications from the previously approved Amended Application: • A reduction in total floor area from 360,000 to 280,000 square feet. • A consolidation of two office buildings into one. • An approximately 315-space reduction in the total amount of parking and commensurate reduction in related 'impervious site coverage. • A reduction in the amount of wetland buffer disturbance. • An increase in the setbacks of parking area and building from the northern and southern property lines. • The addition of a story and a 13-foot increase in the absolute building height. • The elimination of the double-left turn lane on King Street; and WHEREAS,in connection with the Second Amended Application,the Applicant has submitted the following drawings generally entitled"Reckson Executive Park,Rye Brook,New York"and having the following sheet numbers, sheet titles,preparer names and revision dates: Sheet No. Sheet Title Preiiarer Name Revision Date -- Cover Sheet Divney Tung & Schwalbe 6122100 Sheet 5-1.1 Overall Site Plan (Amended) Divney Tung & Schwalbe 7118/00 Sheet 5-2,0 Site Geometry Plan Divney Tung& Schwalbe 7118100 Sheet 5-3.0 Site Grading& Utility Plan Divney Tung & Schwalbe 7 / 1 8 / 0 0 Sheet 5-4.1 Road& Utility Profiles Divney Tung & Schwalbe 7 / 1 8 / 0 0 Sheet 5-4.2 Utility Profiles (West) Divney Tung & Schwalbe 7 / 1 8 / 0 0 r Sheet 5-4.3 Utility Profiles (East) Divney Tung & Schwalbe 7 I 1 8 / 0 0 Sheet 5-5.1 Site & Utility Details Divney Tung & Schwalbe 7 1 1 8 1 0 0 Sheet 5-5.2 Site& Utility Details Divney Tung & Schwalbe 7 1 1 8 1 0 0 Sheet 5-5.3 Site & Utility Details Divney Tung & Schwalbe 7 I 1 8 / 0 0 Sheet 5-6.1 Erosion &Sediment Control Plan Divney Tung & Schwalbe 7 / 1 8 1 0 0 Sheet 5-6.2 Erosion &Sediment Control Details Divney Tung & Schwalbe 7 / 1 8 / 0 0 Sheet L-02 Planting/Lighting, Wetland Mitigation Plan Divney Tung & Schwalbe 7 I 1 8 / 0 0 Sheet WM-1 Wetland Mitigation Plan Divney Tung & Schwalbe 7 I 1 8 I 0 0 Sheet A-100 Floor Plans Cannon Architects & Engineers 6/14/00 Sheet A-301 Exterior Elevations Cannon Architects & Engineers 6/14/00 ; and WHEREAS, the original site plan (the "Original Application") was approved on November 5, 1980 by the Town of Rye Town Board in connection with a multi-phased, 900,000 square- foot office development known as Royal Executive Park; and WHEREAS,in connection with the original site plan approval a Draft Environmental Impact Statement(DEIS),Final Environmental Impact Statement(FEIS) and Environmental Findings were prepared and accepted by the Town of Rye Town Board; and WHEREAS, following the incorporation of the Village of Rye Brook, the Village Board was designated the successor Lead Agency to the Town of Rye Town Board with regard to all future phases of the Royal Executive Park development; and WHEREAS, in December 1983, the Village Board approved the subdivision of Royal Executive Park into two separate lots known as Royal Executive Park 1, consisting of approximately 25.9 acres, and Royal Executive Park 11, consisting of approximately 50 acres; and WHEREAS, on October 23, 1984 the Village Board granted site plan approval for the construction of the second phase of the Royal Executive Park, known as Phase 1B, and consisting of three (3)buildings totaling approximately 270,000 square feet; and WHEREAS, site plan approval in connection with Phase 1B was amended in June 1985 in order to permit the substitution of an outdoor plaza for the previously approved enclosed atrium, and WHEREAS, on June 17, 1986 the Village Board granted subdivision approval of Royal Executive Park II into two separate parcels to be known as Royal Executive Park 11,consisting of approximately 18.2 acres and Royal Executive Park II1, consisting of approximately 31.56 acres; and WHEREAS, Phases I and.II,having a total floor area of 540,000 square feet, was completed as approved and currently exists with the office development; and WHEREAS, the Village Board granted site plan approval for Royal Executive Park 111, also known as Phase IC, on March 27, 1990; and WHEREAS,the approved plan for Phase III proposed the construction of 345,000 square feet of office space in three (3)buildings; and WHEREAS, the site plan approval for Phase III was valid for five(5) years; and WHEREAS, prior to the expiration of said site plan approval, the Village Board passed a resolution dated March 14, 1995 extending the Phase III site plan approval for an additional five-year period ending March 27, 2000; and WHEREAS, Amended Application approval for Phase III was granted by the Village Board on September 22, 1998; and WHEREAS,in connection with the Second Amended Application,the Applicant submitted a Full Environmental Assessment Form and a Traffic Assessment prepared by John Collins, Traffic Consultants dated June 7, 2000; and WHEREAS,on May 23,2000,the Village Board declared its intent to act as Lead Agency with respect to this matter as provided for under the State Environmental Quality Review Act (SEQRA); and WHEREAS,the Village Clerk circulated the Full EAF and related application materials to all Involved and Interested Agencies as required under SEQRA; and WHEREAS, on May 23, 2000, the Village Board referred the Second Amended Application to the Village Planning Board for its review and recommendation; and WHEREAS,on June 8, 2000,the Second Amended Application was reviewed by the Village Planning Board; and WHEREAS,on June 14, 2000,the Applicant applied to the Village Zoning Board of Appeals for area variances in connection with the height of the building; and WHEREAS, on June 27, 2000, the Village Board declared itself Lead Agency pursuant to SEQRA and set a public hearing on the Second Amended Application; and WHEREAS, on July 11, 2000, the Village Zoning Board of Appeals unanimously approved the required area variances; and WHEREAS,on July 13,2000,the Village Planning Board unanimously adopted a motion that the Village Board approve the Second Amended Application subject to the following conditions: 1. The third phase of the Reckson Office Park should be restricted to the currently proposed 280,000 square-feet of office floor area. No further development should be permitted including the previously approved additional 80,000 square-feet of development; 2. The Applicant should be required to bond or escrow such funds necessary to upgrade the intersection of the site access drive and King Street to include a double left turn lane as shown on the previously approved site plan application. This improvement would be required to be implemented at the discretion of the Village Board and concurrence by other approving agencies. The determination regarding the necessity for such traffic improvements would be based on a study conducted by a third party traffic engineer and specific criteria, such as a reduction in intersection level of service; 3. As required as part of the previous site plan approval, the applicant should be required to reimburse the Village for fees associated with an environmental monitor retained by the Village Building Department for the purpose of overseeing site construction consistent with approved site plan drawings and best management practices; and 4. The applicant should be required to schedule construction activities with the Village Building Department to minimize, to the maximum extent practicable, impacts on area roadways and adjacent properties; and WHEREAS,on July 25,2000,the Village Board conducted and closed apublic hearing on the Second Amended Application at which time all those wishing to be heard were given the opportunity to be heard; and WHEREAS,on August 8,2000,the Village Board adopted a Negative Declaration with respect to the proposed action,which findings are incorporated herein by reference; and WHEREAS, the Second Amended Application requires amended approval of the wetlands permit granted by the Village Board in connection with the proposed temporary grading activities within one-hundred(100) feet of the Blind Brook,which is a Village- regulated wetland buffer pursuant to Chapter 245 of the Village of Rye Brook Code;and WHEREAS,the temporary grading activities will result in less disturbance of wetland buffer than the wetland permit approved by the Village Board in connection with the Amended Application; and WHEREAS, in accordance with the standards and criteria identified in Section 240-5 of the Village's Wetlands and Watercourses Law, the Village Board finds that the impacts to the existing 100-foot wetland buffer area adjacent to the Blind Brook are necessary and unavoidable and that there is no feasible alternative to the proposed activity that would eliminate or minimize such temporary wetland buffer disturbance and provide for appropriate area to properly detain and treat storm water quantity and quality; and WHEREAS, to offset such temporary wetland buffer disturbances, the Applicant has prepared a Wetland Mitigation Plan consistent with the requirements of Section 245-9 of the Village's Wetlands and Watercourses Law; and WHEREAS, upon completion of grading activities within the vicinity of the existing storm water basin, the Wetland Mitigation Plan proposes to revegetate and enhance the function of the existing wetland buffer area and to create additional wetland/wetland buffer mitigation areas; and WHEREAS,in accordance with the standards for permit decisions identified in Section 245-8 of the Village's Wetlands and Watercourses Law,the Board of Trustees finds the following: r a. The proposed temporary wetland buffer disturbances will not have an adverse impact on neighboring land uses and will maintain or exceed the functions of the existing storm water basin on the property and maintain or exceed the function of the existing wetland buffer including enhanced wildlife habitat, open space preservation, public access, passive recreational opportunities, water quality enhancement and other wetland and wetland buffer functions as set forth in Section 245-1 of the Village's Wetlands and Watercourses Law. b. The Village Board in its review of the proposed temporary wetland buffer disturbance has anticipated future wetland activities in the cumulative effect of wetland buffer disturbances. C. The proposed temporary wetland buffer disturbance and wetland mitigation areas will not adversely impact, and likely improve existing flood flows, flood storage or water quality. d. The proposed temporary wetland buffer disturbance and wetland mitigation area will not pose safety hazards from flooding, erosion, hurricane winds, soil limitations or other hazards or result in the anticipated losses to the Applicant or subsequent purchasers of property. e. The temporary wetland buffer disturbance and wetland mitigation area willnot adversely impact water supply or waste disposal. f. The temporary wetland buffer disturbance and wetland mitigation area is consistent with Federal,State,County and local comprehensive land use plans and regulations,including the guidelines provided in the document entitled "Controlling Non-Point Source Pollution in Long Island Sound" prepared by Watershed Advisory Committee 3 and Westchester County Department of Planning. g. No other feasible or preferable alternative location exists that would eliminate or minimize the proposed temporary wetland buffer disturbance and provide for as effective storm water quantity and quality measures; and WHEREAS,the subject site is located in the Village's OB-1 Campus/Office Building District; and WHEREAS, at the time of the approval of the Original Application the Village Zoning Code required office buildings to provide three(3)parking spaces per 1,000 square feet of gross floor area; and WHEREAS,the current Village parking standard for office buildings is five spaces per 1,000 square feet of gross floor area; and WHEREAS, if the current parking standard were applied to the entire 280,000 square feet of office space proposed in the Second Amended Application, a total of 1,400 parking spaces would be required; and WHEREAS, the approved Amended Application provided 1,435 parking spaces or approximately four(4) spaces per 1,000 square feet of gross floor area; and WHEREAS, the Second Amended Application provides 1,120 parking spaces or four (4) spaces per 1,000 square feet of gross floor area; and WHEREAS, the amended site plan provides a substantial increase in the amount of parking over the Original Application which provided approximately 3.3 parking spaces per 1,000 square feet of gross floor area,but does not provide for the total amount of parking required by the Village's current parking standards; and WHEREAS,pursuant to§ 250-6.G(1)(b)of the Village's Zoning Code and consistent with the previous Amended Application approval,the Village Board has the authority, in its discretion, to reduce the parking required by the Village's Zoning Code where it finds that the required number of parking spaces would not be necessary for a specific site; and WHEREAS, the Applicant demonstrated on the record in connection with the previously approved. Amended Application and the current Second Amended Application that approximately four spaces per gross floor area will satisfy anticipated parking demand based on the typical parking demand of other similar-sized office developments it owns and operates. The Applicant further indicated that if in the event additional parking were necessary for peak periods of use, excess parking can be accommodated within Phases I and II of Reckson Executive Park which existing office buildings routinely have excess parking available; and WHEREAS,the amended site plan application and a fiill statement of the proposed action was submitted to the Westchester County Planning Board for its review and comment as required by Section 239-m of the New York State General Municipal Law; and WHEREAS,the Westchester County Planning Board responded to the Village Board,by way of a letter dated June 30, 2000; and WHEREAS,the Village Board is familiar with the subject property, its surroundings and the complete record and has reviewed the proposed site plan in accordance with the requirements and standards for approval in the Village's Zoning Code, Site Plan Regulations and Wetlands and Watercourses Law; and WHEREAS, the Village Board has considered the cominents of interested and involved agencies, the public, Village staff and professional consultants; NOW,THEREFORE,BE IT RESOLVED,that an amended wetlands permit shall be granted for this application subject to the implementation and completion of the Wetlands Mitigation Plan including all conditions and information identified on such plan and the Wetland Mitigation Report dated September 15, 1998,to the satisfaction of the Village Engineer or Village Planning Consultant; and BE IT FURTHER RESOLVED,that the amended wetlands permit shall expire three(3)years from the date of this resolution; and BE IT FURTHER RESOLVED,that consistent with§250-6.G(1)(b)of the Village's Zoning Code,the Village Board hereby finds that a minimum parking standard of approximately four (4) spaces per 1,000 square feet of gross floor area or not less than 1,115 parking spaces shall be required for the Second Amended Application based on information provided by the Applicant including a typical parking demand of other office developments the Applicant owns and operates, and the excess parking available, if necessary, within Phases I and 11 of Reckson Executive Park; and BE IT FURTHER RESOLVED,that the application for Second Amended site plan approval is granted subject to the modifications and conditions listed below; and BE IT FURTHER RESOLVED,that this Second Amended site plan approval shall expire five (5) years from the date of this resolution unless all requirements specified herein have been certified as completed or unless a written request for an extension of Second Amended site plan approval is granted. CONDITIONS TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMIT: 1. The Applicant shall execute a 100 percent bond determined by the Village Engineer to cover the costs and satisfactory installation of all infrastructure, including sewerage, water, drainage,sediment and erosion control and traffic improvements on King Street as shown on the site plan drawings contained herein. Such bond shall have a term of three (3)years and will be approved by the Village Board as to manner of execution, form and sufficiency to guarantee and insure fill compliance by the Applicant with all terms and conditions, requirements and provisions set forth in this resolution and the approved site plan drawings. 2. The Applicant shall pay into a Village escrow account, in an amount determined appropriate by the Village Engineer, to retain consultants and other personnel to evaluate and inspect the appropriateness,quality and progress of the implementation of the sediment and erosion control plan,utility plan and wetland mitigation plan as shown in the approved drawings, such that the costs thereof shall not be born by the Village. The escrow account will be replenished from time to time by the Applicant on the request of the Village Administrator. 3. Prior to the issuance of any building permit, the Applicant shall submit for the Village Engineer's review and approval a maintenance plan for the storm water detention facility which plan shall be implemented by the party responsible for the maintenance thereof to the satisfaction of the Village Engineer. 4. Prior to the issuance of a building permit the Applicant shall secure approval from the Village of Rye Brook Board of Architectural Review as required by Chapter 8 of the Code of the Village of Rye Brook. 5. The Applicant shall pay all outstanding professional review fees and other applicable fees. 6. As agreed by the Applicant, the site plan shall be revised to the satisfaction of the Village Planning Consultant to indicate permanent buffer areas adjacent to the northern and southern property lines in which no future parking, building or development shall be established. Said permanent buffer shall include the following two areas: 1) the triangular area formed by the westerly edge of the parking area of Phase I, the easterly edge of the parking area of Phase III and the southern property line; and 2) the area formed between the north westerly corner of the Phase II parking area and the northerly- most point of the Phase III parking area and the northern property line. CONDITIONS TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: r 1. The Applicant shall provide an"as-built"plan in a form as determined appropriate by the Village Engineer,showing the location of all utilities,roadways,buildings and drainage facilities. The plan shall be certified by a registered professional engineer that all such work,utilities and other appurtenances have been installed as shown on the approved site plan drawings in accordance with this resolution and Village specifications in effect on the date of this resolution. OTHER CONDITIONS: 1. This resolution shall hereby supersede the prior amended site plan and wetlands permit application for Phase III of the Reckson Office Park approved by the Village Board on September 22, 1998. 2. All construction shall be carried out in accordance with the approved site plan drawings and the Westchester County Best Management Practices Manual for construction-related disturbances. In the event of conflict between requirements, the more stringent requirements shall apply. 3. No clearing, grading or excavation on the site will commence without written approval of the Village Engineer, 4. The wetlands permit shall be subject to all of the requirements of Chapter 245 of the Village of Rye Brook Code. 5. All work conducted under this wetlands permit shall be open to the inspection at any time, including weekdays and holidays by the approval authority,the Advisory Counsel Environmental Conservation, the Village Engineer or their designated representative. 6. The wetlands permit holder shall notify the approval authority of the date on which the work is to begin at least five (5) days in advance of such date. 7. The approval authority's wetland permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the wetlands permit. 8. As used in this resolution,"applicant"shall mean the Applicant, and his successors and assigns. 9. All landscape material shall be maintained in a healthy and vigorous growing condition throughout the duration of use, and plants not so maintained shall be replaced with new plants of comparable type and size at the beginning of the next immediately following growing season. 10. Throughout the duration of construction, the Applicant shall be responsible for maintaining all adjacent roadways and parking areas in a clean condition and shall repair any roadway damage caused by construction vehicles to the satisfaction of the Village Engineer, 11. In the event that the storm drainage system or an element of such system becomes temporarily clogged or blocked, the Village Board may direct the clearance of said blockage to be performed within twenty (20) days or in the event of an emergency, within 24 hours, by an outside independent contractor and the cost of removal of said blockage or correction of the physical reasons leading to causing the emergency and charge the cost of conducting said work against the developer and property,enforceable in the same way as a tax lien. 12. Given the relationship of the site to the Westchester County Airport,the Applicant shall make every effort to incorporate soundproofing material into the construction of the building and a report on such efforts shall be submitted to the Village Board for its information, 13. The Applicant shall submit to the Village Engineer a construction traffic plan and a program as mitigative measures to include but not limited to; traffic routing in and out of the site, general hours of truck traffic, availability of flag or other traffic control devices during periods of temporary congestion or emergency and other matters considered appropriate. Such plan shall be submitted and approved prior to the commencement of construction. 14. Within three(3)years the after the issuance of the certificate of occupancy for Phase III and at such time when the entire Reckson Office Park including Phases I, I1 and III achieves a 90 percent occupancy,the applicant shall submit to the Village a traffic study of the intersection of King Street and the Site Access Drive. The traffic study may be required at any time within said three(3)year period at the request of the Village Board. The period within which such study shall be conducted by the Applicant may be extended by the Village Board for an additional two (2) year period if a 90 percent occupancy of Phases I, 11 and III is not achieved during the initial three(3)year period. In the event that a 90 percent occupancy is not achieved for Phases I, II and III after five (5)years,then the Applicant shall have no further obligation to provide a double-left turn lane on King Street. If the results of the traffic study indicate that the northbound left- turn movement on King Street into the Site Access Drive exceeds 725 vehicles during the morning peak hour,the applicant shall provide a double-left turn lane and diligently pursue all necessary approvals from New York State Department of Transportation and the Town of Greenwich. If the results of a traffic study conducted within the five-year period indicate that the northbound left-turn movement on King Street into the Site Access Drive does not exceed 725 vehicles during the morning peak hour, then the Applicant shall have no further obligation to provide the double-left turn lane. 15. If the Applicant is required to provide a double-left turn lane in accordance with condition No. 14 above, the Applicant shall attempt in good faith and shall use commercially reasonable efforts to pursue and prosecute the approval of such additional lane from NYSDOT and the Town of Greenwich, and all other necessary and requisite approval authorities (the "Requisite Approvals"). Within the next construction season following the receipt ofthe Requisite Approvals,the Applicant shall fund and commence construction work on the installation of the second northbound, left-turn lane, 16. In the event that the Applicant has not obtained the Requisite Approvals for the construction of the double-left turn lane within twelve(12)months of filing a completed application, despite the Applicant's good faith and use of commercially reasonable efforts to pursue the Requisite Approvals,the Applicant shall have no further obligation to construct the double-left turn lane. In that event, the Applicant shall cooperate with the Village in an effort to mitigate any traffic impacts created by the Applicant's inability to construct the double-left turn lane. The cost of any mitigation to be provided by the Applicant shall not exceed the cost of the construction of the double-left turn lane. A motion was made by Trustee Brackman and seconded by Trustee Degling on the second Resolution, approving the second amended Resolution. Mr.Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 6. CONSIDERING THE ADOPTION OF THE VILLAGE OF RYE BROOK AIRPORT ADVISORY COUNCIL CHARTER. Mr. Peretz read the Resolution. RESOLUTION ADOPTING NEW CHARTER FOR THE VILLAGE OF RYE BROOK AIRPORT ADVISORY COUNCIL RESOLVED,that the accompanying Constitution of the Village of Rye Brook Airport Advisory Council be and hereby is adopted. Mr. Lawrence Engle,Chairman of the Airport Committee addressed the Board He noted that the airport has one of the greatest impacts on the community's quality of life. The Airport Committee will pay close attention to issues of water,noise,air pollution and traffic. water pollution,noise pollution, air pollution and traffic. He thanked the Board for making them a full standing Rye Brook council. The Trustees thanked the Council for the time and effort they have put forth on behalf of the Village. On a motion made by Trustee Brackman, and seconded by Trustee Degling, Mr.Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 7. CONSIDERING ACCEPTING THE COMPLETENESS OF THE DEIS FOR KF RYE BROOK/GARDEN INN. Mr. Miller noted that the Board had a revised draft Environmental Impact Statement and a memorandum from the office of Frederick P. Clark. They have prepared a draft Resolution to accept the DEIS as complete and start the public input process. The Board should schedule a public hearing on the DEIS and all the application related materials,including the zoning text amendments,the site plan, and the wetland permit application. The Village Engineering Consultant conducted a review of the plans and the documents and raised two issues. It was noted that correspondence has not been received from several agencies. The applicant is required to show proof of sending the correspondence to the required agencies. They will continue to pursue comments throughout the process. The circulation will comply with the requirements of New York State Law. The circulation will also make copies of the document available at Village Hall and in local libraries so that the public will have access to it. The circulation of the actual DEIS will be to every agency that has approval. It is a wide dissemination. As a courtesy, a copy of the document will be sent to the Town of Greenwich. Mr. Miller noted that the applicant has provided alternatives in the document showing alternative plans and they have provided a comparative table in a summary form. The appropriate time to make specific comments will be at the public hearing. The public hearing is scheduled for September 26,2000. Mr. Silverberg, of Kirkpatrick&Silverberg, the representative for the residents of Doral Greens,was in attendance at this meeting. He asked a procedural question regarding the public hearing on the DEIS and the zoning text amendments. Mx.Miller stated that no outside date has been fixed for comment beyond the September 26'public hearing. When established it will be no less than what SEQRA provides. On a motion made by Trustee Herman, and seconded by Trustee Brackman,Mr. Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 8. CONSIDERING INCREASING THE REGISTRATION FEE FOR THE RYE BROOK RECREATION YOUTH BOWLING PROGRAM. Mr. Peretz read the following Resolution: RESOLUTION AMENDING THE FEE FOR THE YOUTH BOWLING PROGRAM WHEREAS,the Rye Brook Recreation Department currently charges a$30.00 registration fee for its Youth Bowling Program and an additional fee of$15.00 for this program's tournament; and WHEREAS,the Advisory Council on Parrs and Recreation is desirous of combining these fees and charging$50.00 for the program's registration and tournament; BE IT RESOLVED,that the Youth Bowling Program Fee is amended to $50.00,which shall include registration and the annual tournament at the end of the season. It was noted that this Resolution simply amended the Bowling fee to include registration and the end of year tournament. Trustee Brackman made a comment regarding the availability of busing for participants. Mr.Hroncich stated that although he had suggested that busing should be available, the Council decided against it. Trustee Brackman asked that the parents of the children who participate in this program be polled about this issue. This program has been in existence for the past 25 years. On a motion made by Trustee Brackman, and seconded by Trustee Herman,Mr.Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 9. CONSIDERING THE APPROVAL OF HUDSON AND PACIFIC DESIGNS PROPOSAL FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE RED ROOF FARM BALL FIELD. Mr.Peretz read the following Resolution: RESOLUTION RETAINING HUDSON AND PACIFIC DESIGNS,INC. LANDSCAPE ARCHITECTURAL SERVICES PINE RIDGE PARK IMPROVEMENTS RESOLVED,that the Village of Rye Brook is authorized to enter into a landscape architectural services agreement with Hudson and Pacific Designs,Inc.,Kingston,NY,with respect to proposed improvements at Pine Ridge Park,as more particularly described in the landscape architectural proposal dated July 12,2000, for the sum of$8,500.00 plus reimbursable expenses; and it is further RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution, Trustee Herman asked for clarification of the general timetable. Mr. Carosi noted that this Resolution formalizes the agreement. The Village now requires a survey of the park and surrounding residents; an up-to-date survey that shows the existing topography, The Village is concerned about the potential consequences on the neighboring properties, It is expected that the Ball Field will be completed by September of 2001. The Village is looking to request bids for a fully sodded field,which will expedite this process. Trustee Degling raised a concern regarding liability and the elimination of the clauses regarding liability and insurance. Mr. Peretz noted that this issue has been referred to the Village's Risk Manager. Mr. Alan Bader has stated that contractors are the ones that are required to have the liability insurance. Since this does not entail the construction of a building or structure, it is Mr.Bader'opirnion that these services do not require liability insurance. Trustee Degling felt that with the concern of drainage and the effect on neighboring properties, it is the person drawing up the plans that should be held liable. Mr. Carosi noted that there are two consultants working on the project. Dolph Rotfeld,the engineering consultant, carries his own insurance,which is required to cover any liability resulting from inaccuracies or omissions on the drawing, As well,the firm contracted to build the field would be responsible for the plans once accepting them. Mr.Dean Santon of Hillandale Avenue raised a question regarding the condition of the property being conveyed to the Village. Was the land delivered from the developer in the condition that it was supposed to be? It was believed that this parcel might be a `bathtub,' He r also noted that in his experience,once the contractor accepts architectural plans,they are liable for any problems, Mr. Carosi noted that the deed has transferred hands. The developer has done some grading on the property, and some of it was at the Village's request. There is work to be done on the water basins at the bottom of the Red.Roof Drive and this is work that the developer will perform. The property is not fully in compliance as the developer must still complete the planting of wetland species and he must bring the created wetland up to the quality that will be approved by the Army Corps of Engineers. The developer did provide the Village with a property line survey. On a motion made by Trustee Herman, and seconded by Trustee Degling, Mr, Peretz called the role: Trustee Brackman Voting Aye Trustee Degling Voting No Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor kilipowsid Voting Aye 10. PERSONNEL MATTERS. Mr. Peretz read the following Resolution: RESOLUTION 2000-2001 COMPENSATION RESOLVED,that the following annual salaries for the positions listed below are hereby approved effective June 1,2000. TITLE SALARY Asst.to Village Administrator $41,000 Building&Plumbing Inspector $66,000 Caretaker(AJP) $ 27,200 Code Enforcement Officer $40,000 Coordinator—Senior Citizen Services $ 58,000 Deputy Treasurer $ 60,000 DPW Typist $ 25,000 Office Assistant-Recreation $ 31,000 Parks Attendant $45,704 Parks Attendant $ 31,000 Police Chief $ 89,330 Police Lieutenant $ 83,622 Recreation Leader $ 43,206 Secretary to Village Administrator $41,000 Senior Parrs Attendant $ 55,327 Senior Typist(AJP) $31,743 Senior Typist(Police) $ 33,500 ,Supt. of Parks&Recreation $ 71,500 Treasurer $ 71,000 Village Administrator $109,500 Village Attorney $ 68,676 Village Engineer/Dir. Of Public Works $77,000 This resolution approves the 20002001 compensation for non-union employees. On a motion made by Trustee Rand, and seconded by Trustee Bracicnaan,Mr.Peretz called the role: Trustee Braclanan Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 11. CONSIDERING ENTERING INTO AN IMA WITH THE COUNTY OF WESTCHESTER FOR THE `SMART' PROGRAM. Mr.Peretz read the following Resolution; RESOLUTION AGREEMENT WITH WESTCHESTER COUNTY FOR USE OF THE SPEED MONITORING AWARENESS RADAR TRAILER RESOLVED,that the Village of Rye Brook is authorized to enter into an agreement with the County of Westchester for the period of July 1,2000 to June 30, 2005 for the use of the County's Speed Monitoring Awareness Radar Trailer; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Trustee Rand asked where these trailers will be placed. Chief Santoro stated that in the past the Village has utilized them near Betsy Brown Road. This equipment can be used to monitor areas throughout the Village where there are complaints of speeding. On a motion made by Trustee Herman, and seconded by Trustee Degling,Mr. Peretz called the role: r Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye The Mayor then moved to the Written.Communication portion of the meeting. WRITTEN CORRESPONDENCE 1. THOMAS HRONCICH,SUPERINTENDENT OF PARKS AND RECREATION RE:REQUEST TO CHANGE THE MEETING TIME Ii OR THE ADVISORY COUNCIL ON PARKS AND RECREATION. Mr. Peretz read a memo from Mr.Hroncich regarding a change in time for the meetings of the Advisory Council on Parks and Recreation. The meetings will now behold at 7:30 p.m.,instead of 8:00 P.M. Mayor Filipowski announced that the next meetings for the Village Board will be held on August 22nd and September 51', Mayor Filipowski asked if any member of the public wished to address the Board. Mr. Dean Santon of Hillandale Avenue addressed the Board. Mr. Santon stated that this publication was placed on private properties. He noted that Mr.Peretz had provided him with the phone number of the Monte Saver,but after requesting that delivery be stopped he still received the publication, He requested that the Village Attorney pursue this issue on behalf of all Village residents. The Village Attorney suggested that if he wished to pursue this matter further, he could look into charging them with trespassing on his property, There being no further business before the Board,the meeting was adjourned at 8:15. Respectfully submitted, �1" p-�31— Charles E.Peretz, Deputy Village Clerk