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2016-02-09 - Board of Trustees Meeting Documents
VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 9, 2016 7:00 P.M. -EXECUTIVE SESSION: Save the Sound Litigation 7:30 P.M. —REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: AFFORDABLE HOUSING: PUBLIC HEARINGS: RESOLUTIONS: 1) Considering authorizing the purchase and a transfer of funds for playground equipment to be installed at Garibaldi Park. 2) Considering the use of street trees in the village right-of-way for the National Alliance on Mental Health Ribbon Campaign 3) Considering authorizing the Village of Rye Brook to enter into a service agreement with Novusolution for an agenda management program. 4) Considering a Snow and Ice Agreement with Westchester County. 5) Considering a salary adjustment for an Intermediate Account Clerk. 6) Considering the approval of minutes from the meetings of January 12, 2016 and January 26, 2016. 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 SPECIAL AND REGULAR TRUSTEES MEETINGS February 23, 2016 and March 8, 2016 February 9, 2016 R-1 RESOLUTION CONSIDERING AUTHORIZING THE PURCHASE AND A TRANSFER OF FUNDS FOR PLAYGROUND EQUIPMENT TO BE INSTALLED AT GARIBALDI PARK WHEREAS, the playground at Garibaldi Park was installed approximately twenty years ago and has since become outdated and requires significant improvements for safety; and WHEREAS, the Parks and Recreation Advisory Council and Robert Bertolacci, Parks and Recreation Superintendent, have recommended that the Village Board of Trustees authorize using Kompan Inc. for the purchase and installation of playground equipment at Garibaldi Park; and WHEREAS, Kompan, Inc. has been awarded a contract for the purchase and installation of playground equipment by the County of Mecklenburg in the State of North Carolina on the basis of best value in a manner consistent with New York General Municipal Law Section 103 and said contract by its terms is available for use by other governmental entities if such entities are registered with US Communities Government Purchasing Alliance (Contract#110171); and WHEREAS, New York General Municipal Law Section 103(16) authorizes municipalities to make purchases of apparatus, materials, equipment or supplies and to contract for services related to the installation, maintenance or repair of apparatus, materials, equipment and supplies through a contract let by the United States of America or any agency thereof, any state or any other political subdivision or district therein if such contract was let to the lowest responsible bidder or on the basis of best value in a manner consistent with New York General Municipal Law Section 103 and made available for use by other governmental entities; and WHEREAS, NYS Office of General Services has contracted with Kompan, Inc. by piggybacking on Communities Government Purchasing Alliance Contract #110171 (NYSOGS Contract#PC66666); and WHEREAS, on March 11, 2014, the Village of Rye Brook Board of Trustees adopted a local law pursuant to New York General Municipal Law §103(1) to authorize the award of certain purchase contracts subject to competitive bidding on the basis of best value, as defined in Section 163 of the New York State Finance Law; and WHEREAS, the installation services of Kompan, Inc. are recommended, because this work must be completed by an authorized vendor of Kompan, Inc. to maintain the warranty for the playground equipment, the installation prices are already established in US Communities Government Purchasing Alliance Contract #110171, the manufacturer has a reputation for providing quality goods and services and the installer will be required to pay NYS prevailing wages; and WHEREAS, the Village of Rye Brook saves the cost and expense of seeking competitive bids or requests for proposals for the purchase and installation of playground equipment for Garibaldi Park by utilizing the US Communities Government Purchasing Alliance Contract#110171; and WHEREAS, the total cost of the project is estimated to be $86,785 which includes the removal of the old equipment and installation of the new equipment by Kompan, Inc.; and WHEREAS, $75,000 would be allocated for the purchase and installation of the playground from the proceeds of a BAN authorized in the 2015-16 adopted budget and the remaining $11,785, if a transfer is authorized, can be deducted from the Recreation Trust Fund; NOW, THEREFORE BE IT RESOLVED that, based upon the information set forth above, the Village Board of Trustees hereby finds it is in the best interests of the Village to purchase the playground equipment and installation services from Kompan, Inc. through the US Communities Government Purchasing Alliance Contract#110171; and be it FURTHER RESOLVED that the Village Board of Trustees hereby authorizes the purchase of playground equipment from Kompan, Inc. through the US Communities Government Purchasing Alliance Contract #110171, which was awarded on the basis of best value, in an amount not to exceed $86,785, with $75,000 to be funded from a BAN authorized in the 2015-16 adopted budget and up to $11,785 to be funded through a transfer from the Recreation Trust Fund to this capital project account; and be it FURTHER RESOLVED that the Mayor and Administrator are authorized to sign any documents necessary for the implementation of this resolution. KOMPANt. SALES PROPOSAL V* QROPD KOMPAN, INC. *930 Broadway, Tacoma,WA 98402*Tel 1-888-579-8223*Fax 1-888-579-8224*www.kompan.com KOM PAN is a proud supplier partner of Date 02/04/16 Expiration Date Proposal No. SP39875 COMMUNITIES~ Project Garibaldi Park GOVERNMENT PURCHASINC a LLIANCF, Ship to State/Zip NY 10573 U Customer Service Representative Joedi Griffith Sales Representative Jeff Stowe Payment Terms DEP50%&N30 Site Location: 330319 Garibaldi Park 938 King St Rye Brook, 10573 United States Invoice-to: 330319 Ship-to: Village of Rye Brook Village of Rye Brook Parks&Rec. Parks&Rec. 938 King St 938 King St Rye Brook, NY 10573 Rye Brook, NY 10573 United States United States Janice Kunicki Chris Bradbury Qty. Item No. Description Unit Price Retail Price Disc.% Net Price U.S. Communities Contract#110171 1 GXY902012-3717 ENIF- LIME GREEN 26,020.00 26,020.00 30.00 18,214.00 1 PCM100810-0912 MEGA TOWER WITH ROOF+ADA ULT 29,180.00 29,180.00 30.00 20,426.00 1 COR-CUSTOM-C Custom Product COR66903 18,768.00 18,768.00 30.00 13,137.60 1 M13070-12P SCRAMBLER,RED In Ground-62CM 980.00 980.00 30.00 686.00 1 M17001-12P DUNE BUGGY HDPE 1,030.00 1,030.00 30.00 721.00 1 FRT-PA Freight Middletown PA 1,077.00 1,077.00 1,077.00 1 CUSTOMINSTALL Installation at Prevailing Wage 23,378.00 23,378.00 5.00 22,209.10 2,328 TFG-NJ-10-00 EWF/CFH 10'/10 comp. 99 CY 0.89 2,071.92 10.00 1,864.73 1 FRT-OTHER Freight for EWF 440.00 440.00 440.00 99 CUSTOMINSTALL installation of EWF per CY 30.76 3,045.24 5.00 2,892.98 1 SITEWORK Demo/disposal of existing Play Equipment 5,385.00 5,385.00 5.00 5,115.75 Total 86,784.16 Comments: This quote assumes direct delivery. This quote includes a charge for liftgate service. Charges for payment/performance bonding are not included. An appropriate amount will be added if applicable. Charges for permits are not included. An appropriate amount will be added if applicable. A deposit will be required before order can be processed. Please provide us with a copy of your tax-exempt certificate if applicable. Customer is responsible for disposal of refuse/garbage. Customer is to provide level dirt site,free of underground obstacles. The site should be as level as possible, and MUST have no more than a 1" (inch) in 10'(feet)slope or change in elevation over the full length and width of the playground area. Please consult with your sales representative regarding lead times. Summary: Retail Price Discount Net Price Subtotal- KOMPAN Products 75,978.00 22,793.40 53,184.60 Subtotal-Other Products 0.00 0.00 0.00 Subtotal-Surfacing 2,071.92 207.19 1,864.73 Subtotal- Installation &Other Services 31,808.24 1,590.41 30,217.83 Subtotal- Freight 1,517.00 0.00 1,517.00 Subtotal 111,375.16 24,591.00 86,784.16 (Applicable sales tax will be added unless a valid tax exemption certificate is Estimated Tax Rate provided.This amount is only an estimate of your tax liability.) 0.00 Total 86,784.16 Your acceptance of this proposal constitutes a valid order request and KOMPAN Authorized Signature: includes acceptance of terms and conditions contained within the Master Argeement,which is hereby acknowledged.Acceptance of this proposal by Accepted By(signature): KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative.Prices in this quotation are good for 60 Accepted By(please print): days. This proposal may be withdrawn if not accpeted by 04/04/16. Date: KOMPAN Products are'Buy American"qualified,and compliant with the Buy American Act of 1933 and the"Buy American"provision of the ARRA of 2009. I IISV ( SKr , T(• 'e imb, ' —e m y � � i l t •:i,�,,i YI � a l.c Wit' •'13r �T.' .. % dt.r,. 1L �) ���-' ;r tom_ �-.+ ,Y,•„'j f "�'•y��4♦� •�': Gar :t.��r'•” "� ,._.�.r7 .t1*�}`] Ou poo, ; p • -,�,-•.ate S ` ►�0 *emf ILe ec II4��: I�•� 'r.L�7S / Ile '^ r l.tl•,, i � � ✓ .ary _'� ` moi' 'Y pw Ll .•i•,at J •i 1 , � 1•,i1 �. (i^�l •f. tit t. _ �----�•.' 1_ ,17, J �r•• w .;1 Z r jai 1IL February 9, 2016 R-2 RESOLUTION CONSIDERING THE USE OF STREET TREES IN THE VILLAGE RIGHT- OF-WAY FOR THE NATIONAL ALLIANCE ON MENTAL HEALTH RIBBON CAMPAIGN WHEREAS, the National Alliance on Mental Health(NAMI) desires to use street trees for their ribbon campaign in May of 2016; and WHEREAS, the Village Board desires to assist NAMI in their campaign with the use of streets trees within the Village. NOW, THEREFORE BE IT RESOLVED,NAMI is hereby authorized to place ribbons on designated street trees within the Village of Rye Brook right-of-way and on the pillars of Village Hall and the AJP Community Center form May 1 through May 31, 2016; and be it FURTHER RESOLVED, the ribbon campaign shall be in coordination with the Village Director of Public Works/Engineer. Christopher Bradbury From: Sharon McCarthy <sharonm@namiwestchester.org> Sent: Wednesday, January 27, 2016 12:37 PM To: Shari Melillo Subject: NAMI Westchester Attachments: Ribbon Cammpaign Info Flyer.docx; Brochure.pdf Attached is a description of the Ribbon Campaign that Michaele Rizzuto spoke to you about. In addition, I have attached our organization's brochure. We have been doing this campaign for about 3 years and a lot of towns/villages have joined us. The ribbons are place on "main street" as indicated by the town board. The ribbons will go up on or before May 1 and come down soon after May 31 st. As I stated you can advise us as to exactly where in town you will allow the ribbons to go up. Please do hesitate to contact us if you need more information. Sharo��1cCarthy Program Director NAMI Westchester 100 Clearbrook Road Elmsford, NY 10523 914-592-5458 www.namiwestchester.org enflini Westchester National Alliance on Mental Illness JOIN US IN HONORING MENTAL HEALTH AWARNESS MONTH no all Every May NAMI Westchester displays the above ribbon throughout the county to bring community awareness to mental health. We are a self-help and support organization dedicated to improving the lives of people, and their families, living with mental health problems through support, education and advocacy. NAMI Westchester is a grassroots organization dedicated to improving the quality of life of all individuals and families whose lives are affected by mental illness. The Ribbon Campaign was initiated in 2013 with over 12 town/villages participating. We hope this anti-stigma campaign will bring the topic of mental health to the forefront and facilitate an open and honest dialogue. We hope you will join us in honoring this awareness campaign by allowing ribbons to be place on "Main Street" in your town/village. On or about May volunteers will tie ribbons on trees or poles (as designated by town officials). We also hope you will allow one or two ribbons to be place outside Town Hall. FOR MORE INFORMATION: Contact NAMI Westchester 914-592-5458 www.namiwestchester.org COMMUNITY OUTREACH ©nflllllIn vur uwn voice SCHOOL & COLLEGE OUTREACH HIM Westchester IOOV unmasks mental illness, using speaker stories to National Alliance on Mental Illness illustrate the individual realties of living with a mental illness.You,the audience,gain a better understanding NAMI Westchester is committed to educating of what it is like to live with mental illness and stay in Westchester's teachers, parents and students recovery. This program can change attitudes, about mental health through a variety of preconceived notions and stereotypes regarding presentations. We also provide support and PRW' mental illness. It is a 60-90 minute presentation led by information to local colleges and university , two trained speakers living in recovery. counseling centers. PRESENTATIONS r a NAMI Westchester will provide speakers to help pfllfllEnding educate the community on mental health and the Na© on Mental lines. journey so many families face when dealing with the Silence, - mental illness.To arrange a presentation, call our office at 914-592-5458. Ending the Silence is a 50-minute presentation given to middle and high school students. National Alliance O n RIBBON CAMPAIGN Students learn about mental illness from a family member and an individual living in recovery. Mental Illness May is Mental Health Presentations also include a video, Awareness month. During the handouts and discussion. Of Westchester Inc. ,'" month of May,ribbons are on drisplay throughout the county to A self-help and support organization dedicated bring awareness to mental f to improving the lives of people and their illness and where to find help. Parents&Teachers families living with mental illness through ©MlncenflmilAs Allies support, education and advocacy. lYtbml on Yenta NkeM SPEAKER SERIES Parents and Teachers as Allies is a 90-minute program that helps school principals, teachers This event is held once a month.We invite speakers to and staff better understand mental illness discuss relevant mental health topics.For more in children and adolescents. 100 CLEARBROOK ROAD information on the monthly speaker event,please visit PTAA provides information on how to link ELMSFORD, NY 10523 our website at www.namiwestchester.org and go to families to local resources and services. School Events/Speaker Series. professionals leave presentations with a better 914-592-5458 4411L understanding of the early warning signs of ® nflmi Way ks/Xl mental illness, the lived experience of parents info@namiwestchester.org Neon�ae^nMeNnee. raising a child with a mental illness and the www.namiwestchester.org NAMI Westchester sponsors a 5K walk every Spring to individual experience of living with a mental raise funds and awareness to end the stigma of mental illness from a personal shared view. illness.For more information,visit: www.namiwalks.org/westchester. NAMI Westchester is a 501(c)(3)organization. N nnim Westchester EDUCATION PROGRAMS SUPPORT SERVICES '0_1 „IlflllllBasics `x © nflmi "onnection OURMISSION NAMI Basics is a program for parents and National Alli-c—,Mental Illness RECOVERY SUPPORT GROUP NAMI Westchester is one of more than 1,200 local caregivers of children and adolescents living NAMI Connection is a Peer Recovery Support affiliates of the National Alliance on Mental Illness. with mental illness. It covers the fundamen- Group for people living with a mental illness. We are a grassroots organization dedicated to tals of caring for yourself, your family and The groups are facilitated by trained individuals improving the quality of life for all individuals and child. The class meets for six 2.5-hour ses- who are living in recovery. Individuals are able families whose lives are affected by mental illness. sions. It is taught by trained teachers who to share experiences, coping skills, resources NAMI advocates for access to services, treatment, have also taken the course. The program and hope. NAMI Westchester has several support and research and is steadfast in its gives critical information and strategies relat- groups that meet throughout the county every commitment to raise awareness and build a ed to caregiving. month. community of hope for all those in need. We offer the kind of understanding and care that only those ©nflini Family-to-Family Family who have lived the experience of mental illness can M-1 111n.. © n 1 A 1 m I Support Group provide. Family to Family is a 12 -week, 2.5 hours, National Alliance on Mental Illness OUR VISION course for family and caregivers of individuals living with a mental illness. The class is NAMI Westchester provides a network of Is to create a culture where open disclosure of a taught by trained family members. It provides support groups for families &friends of mental illness does not have negative critical information and strategies related to individuals suffering from a mental illness. consequences in the community, the schools and in caregiving. The class incorporates presenta- NAMI Westchester support groups include a the workplace. We continue to seek better treatment for mental illnesses and to eliminate the tions, discussions, problem solving and com- spousal group, adult sibling group and parents stigma associated with them. Our programs area munication skills. In 2013, the program was & caregivers of young adults and adolescents. primary source of assistance to people of all designated an Evidence Based Practice by Groups meet once a month and are peer run cultural and economic backgrounds. SAMHSA. by trained facilitators. FUNDING © m nfll Peer-to-Peer Nalbnalplllance.nIft -III... HELPLINE We do not charge any fee for any of our programs Peer-to-Peer is a 10—week program taught by and services. We rely on our membership, 2 trained individuals in recovery. It provides contributions, fundraisers, and grants for financial information on brain biology, symptoms, and NAMI Westchester operates a help line during support. relapse prevention. In addition, skills will be operating hours that provides resource taught on how to interact with health provid- information and support. The number is 914- ers and family as well as techniques for re- 592-5458. In addition, we provide resource Following is a description of our programs and ducing stress. The course provides a confi- information on our website at services, for more information or to register, dentia) place to learn from shared experienc- www.namiwestchester.org. please contact our offices at 914-592-5458 or es in an environment of sincere, uncritical visit our website at www.namiwestchester.org. acceptance. like us on facebook- Ar PLEASE NOTE FIND HELP...FIND HOPE No specific medication or medical www.facebook.com/NAMIWestchester.org therapy is endorsed or recommended during any of the above programs. February- 9, 2016 R-3 RESOLUTION CONSIDERING AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A SERVICE AGREEMENT WITH NOVUSOLUTIONS FOR AN AGENDA MANAGEMENT PROGRAM WHEREAS, the Village of Rye Brook wishes to obtain the services of Novusolutions for a cloud-based electronic meeting management software solution including NovusAgenda; and WHEREAS, Novusolutions has offered to enter into a service agreement with the Village of Rye Brook to provide such services at an annual cost of Four Thousand Nine Hundred Fifty and no/100 Dollars ($4,950.00) following a 90-day free trial period, as well as options for other set-vices as appropriate including video streaming ($4,000/yr.) and the transferring of up to 5 years of old video to the new system ($995, one-time). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into such an Agreement with Novusolutions; and BE IT FURTHER RESOLVED, that the Mayor or Village Administrator is authorized to execute and deliver all necessary, documents and select the services desired in the agreement to accomplish the purpose of this resolution. Z Meeting Management Solution W 0 zw Novu olutio s Uja 3820 Northdale Blvd. ■ Suite 205A ■ ■ Tampa, FL 33624 Byron Gillin bgillin@novusolutions.com 800-274-5624 Ext 703 Prepared For Rye Brook Village 0 Date Updated 1-22-16 Valid for 90 Days NovusAGENDA ...PROVEN ExecutiveSummary................................................................................................................................................ 3 ProvenSolution................................................................................................................................................... 3 Installation............................................................................................................................................................... 4 DeploymentServices.............................................................................................................................................. 4 90 day Pilot Program .............................................................................................................................................. 5 Pricing..................................................................................................................................................................... 6 NovusAGENDASoftware Pricing ..................................................................................................................... 6 NovusAGENDATraining Pricing...................................................................................................................... 7 OptionalTraining Services................................................................................................................................................................8 Pricing Summary for NovusAGENDA............................................................................................................... 8 Document management system integration.......................................................................................................................................9 Video Streaming Services Considerations.......................................................................................................... 9 VideoStreaming................................................................................................................................................ 10 Video Streaming Hardware Considerations...................................................................................................... 10 Retention........................................................................................................................................................... 11 Video Streaming Annual Service...................................................................................................................... 11 Transferring old Video to the new system............................................................................................................ 11 PROPOSAL TERMS AND CONDITIONS......................................................................................................... 11 Limitationof Liability....................................................................................................................................... 11 Ownershipof Data ............................................................................................................................................ 11 terms.................................................................................................................................................................. 11 ALternatePayment Terms ................................................................................................................................ 12 Insurance ........................................................................................................................................................... 12 Otherterms........................................................................................................................................................ 12 Howdo I order?.................................................................................................................................................... 12 ApprovalPage....................................................................................................................................................... 13 Page 2 of 14 NovusAGENDA ...PROVEN EXECUTIVE SUMMARY NovusAGENDA is a proven electronic solution designed to create, approve and track items for upcoming and past board meetings. Whether your organization is adding an agenda item, like the approval for a new employee benefit offering or the construction of a baseball field,NovusAGENDA will provide the controlled,well-organized systematic solution to truly make your organization paperless. With the NovusAGENDA foundation in place internally,your board members and public can now access the information they need on demand at any time from any device! PROVEN SOLUTION Proven Experience-NovusAGENDA has been serving hundreds of public sector clients for over 14 years with the same stable ownership. Our team can offer you great insight in rolling out meeting automation. Expertise is the key to success and no one has more experience than NovusAGENDA. Proven Results -our flee 90 day pilot program allows you to try NovusAGENDA before you buy it. Even though we are confident NovusAGENDA will meet your needs, isn't it nice to know we are happy to let you try it first,just to be sure? Proven Technology-NovusAGENDA is built on Microsoft technology that is stable,reliable and widely used today by all sectors. Our platform remains 100%web based as it always has been. Our Cloud hosting rests on the Amazon Web Service backbone which is the most reliable platform available in the industry today. Proven Features -NovusAGENDA has all the key functionality you need to automate your meeting process. We add features based on client feedback not based on whether it looks good on a slick marketing campaign. All the features in NovusAGENDA are proven to add value for our clients without adding unnecessary costs or complexity. Proven Support-Our highly acclaimed support team is well trained and experienced in handling legislative management issues and to respond quickly and politely. You will never be looked down upon by some grumpy geek when you talk to our support team. They will listen and respond ...period. Proven Future—Technology changes quickly. Another great flexible feature is that any device is supported. As nice as the state of the art devices are such as the iPad, Galaxy Tab or Microsoft Surface there is no guarantee these devices will still be state of the art five years from now. Taking advantage of NovusAGENDA's browser-based, cloud-based platform will enable you to take advantage of the "latest and greatest"right now without risking obsolescence in a few short years. NovusAGENDA is Proven. Tools for the board member include: • Logging in through a secure username and password on any device (i.e., iPads, PC, MAC, etc)! • Viewing agendas and all materials well before the meeting Viewing specific items along with support material including Closed Session items • Making secure personal private comments on any item for their own purposes • Researching past Agenda,Minutes and Personal Private Comments. • Real time analytics on spending patterns and goal tracking Unique Dashboard designed to speed meeting preparation Page 3 of 14 NovusAGENDA ...PROVEN NovusAGENDA has all the tools to automate the creation of your minutes, track and record voting,motions, and much more, such as video streaming indexed for you and your public. NovusAGENDA's unique reporting module empowers your administrators with the data from your meetings to make data-driven decisions for the organization and track your progress along the way. Novusolutions award winning staff brings over 15 years of experience working with hundreds of government NovusAGENDA clients across the country. Our support team will be an extension to your organization to offload all software management, training, and support, so you can focus on providing the public and board the transparency they demand. NovusAGENDA is the one comprehensive solution to make paperless meetings easy! INSTALLATION Our Cloud Computing partner is Amazon Cloud based Web Services, http://aws.amazon.com/. They offer world class cloud computing solutions with full 24 X 7 backup and reliable infrastructure designed for today's complex computing challenges. Amazon Hosting NovusAGENDA Application runs on EC2 servers. http://aws.amazon.com/ec2/ Backups are run daily and stored on Amazon S3 http://aws.amazon.com/s3/ This option allows you to outsource the hosting of the software to Novusolutions. This is by far the most popular option in today's environment. Self Hosting is available if needed. Contact us for more information. DEPLOYMENT SERVICES Standard services are required for deployment and included in the pricing and support. Included Standard Deployment Services Configured Item Details This screen is configured to add fields to our standard from required by your organization. This form is used to create items and can vary based on meeting type. You can have one item details page for planning and another for council meetings. Page 4 of 14 NovusAGENDA ...PROVEN Configured Public Agendas The public agenda is configured to mimic your current layouts. Agenda layout can vary based on meeting type. Configured Minutes Page Set The page set includes draft and final minutes layout. Minutes layout can vary based on meeting type. Custom Workflows Workflows can be pre-configured allowing users to simply submit items to named workflows which are then built for them automatically. Workflows can vary based on meeting type. Solution Overview This session is with key staff including Board Clerk, IT staff assigned to support the software and key Board Clerk staff. The session involves a complete system overview and workflow building session. This session is delivered prior to any other training so key staff are very familiar with the solution and the workflows are correct prior to staff training. PDF converter Attachments and agenda packets are converted to one single PDF file. PDF layout mimics the lay out of the minutes and agenda for that meeting type. We can also add page stamping to the PDF automatically. Video Services Do you already video record your meetings?If so,NovusAGENDA will offer you two meetings per month to be uploaded and streamed to the public off our servers at no additional cost. You take your existing video and simply upload it to our servers. Once it is converted,you can link clients to that video stream off your meeting. If you are looking for indexing or are starting from scratch and would like to record your meetings,please see our Video Service Considerations Section. ,0 DAY PILOT PROGRAM Novusolutions has agreed to offer you a 90 day pilot program of NovusAGENDA to confirm the cost and efficiency savings. Novusolutions is confident that NovusAGENDA will exceed expectations, eliminate paper, and improve the business process of agenda creation and meeting management. There will be no cost for the 90 day duration of this pilot. Page 5 of 14 NovusAGENDA ...PROVEN Upon successful implementation of the pilot,you will then agree to continue using NovusAGENDA for the Pricing outlined below. However unlikely, if NovusAGENDA does not satisfy your needs,then no commitment is required and the service will be turned off. The Approval Page of this document will need to be signed prior to beginning this agreement. This will allow Novusolutions to dedicate the resources to begin the project. • You provide us copies of Agenda,minutes and departments with staff listings within 5 days of project start. In addition we can discuss your item review process as well in that first 5 days. • We will fully deploy,train and test NovusAGENDA within 20 days of receiving your information. • The Pilot will last a total of 90 days from project start to allow full testing of the software. • Pilot program covers one meeting body but you can add others once you agree to move forward. The purpose of the pilot program is to give you time to take a good look at NovusAGENDA and the features we offer to see the great value NovusAGENDA offers. While you may or may not be fully rolled out in 90 days,you will have time to do your needed evaluation. Why would you not be fully rolled out in 90 days'?We have found that different organizations move at different paces. Some move very quickly and others take a bit more time. We will work with you to make sure the rollout moves at your pace to meet your needs. If needed we will work with you to get your evaluation done in the 90 day pilot window and then continue to work with you after the 90 days to complete any unfinished business. All pricing includes an unlimited use license enabling support for as many meeting types as you need at no added license costs. NOVUSAGENDA SOFTWARE PRICING Item Pricing(Annually) NovusAGENDA $4,950 Minutes Module Included Board Portal Included Page 6 of 14 NovusAGENDA ...PROVEN Reporting Included Board and Committee Included Management(Term Tracking) Video Integration with Video Included service provided by NovusAGENDA if you choose to use our separately priced video streaming services. Optional Video Services See Video Services Considerations Total Annual Cost $4,950 Optional In Meeting Tools Additional$600 annually (Voting, etc.) NOVUSAGENDA TRAINING PRICING Standard training services are required for deployment. Standard Remote Training Services Description Administrator Training This is remote training to train one or two system administrators on managing user rights in NovusAGENDA. This class is delivered remotely using web meeting technology managed by Novusolutions. Board Clerk Training Training including meeting management, agenda preparation,minutes and system oversight. Delivered remotely using web meeting. User Training Training includes creating items, copying old items to new meeting and item submission and approval process. Page 7 of 14 NovusAGENDA ...PROVEN Delivered remotely using web meeting. Board Training Training includes viewing agendas,minutes, and all documentation for upcoming meetings, making private notes,researching past meeting information and notes, and analyzing reports and meeting data. Voting can be added if the voting module is in place. Web Based Training Web-based training videos for all staff to view on demand via Internet. Videos include: • User training • Board Clerk Training • Board Training • Admin Training Total One Time Cost $750 Waived for video add on with NovusAGENDA OPTIONAL TRAINING SERVICES Additional remote training—Included for new releases and refresher training. If retraining is needed due to turnover or other issues we also include a Web-Based Training Portal and regularly scheduled Client Webinars. Optional Onsite training- $2,450 per day includes travel,2-day minimum. PRICING SUMMARY FOR NOVUSAGENDA One Time Fee Annual Fee TOTAL NovusAGENDA $750 Waived for video add on with $4,950 $4,950 NovusAGENDA Add On Options: In Meeting Tools $600 (Electronic Voting,Request Lo Speak, In Meeting Public Page 8 of 14 NovusAGENDA ...PROVEN Display,Item highlight for board) Onsite Installation(Only $3,450 needed if Active Directory Integration is required) Onsite Training(Not $2,450 per day including travel. 2 day required as unlimited remote Minimum. training options included) TOTAL INVESTMENT $4,950 YEAR 1 NovusAGENDA Including: Remote Training Annual fees can be raised once each year to a rate not to exceed 4%per year. DOCUMENT MANAGEMENT SYSTEM INTEGRATION Document Management integration is an optional feature that can be $600/Year added at any time. This feature utilizes a shared watch folder as an end point where NovusAGENDA will export files for import to your Document Repository. Your local Document Management Administrator will establish an import routine to capture files from the watch folder and bring them into your repository using import features available in your document management system. There are several different export/import options and you can get details on these from your NovusAGENDA sales representative. Payment Terms—Payment is due at the end of the successful pilot term. You will be invoiced at the end of the 90 day successful pilot. VIDEO STREAMING SERVICES CONSIDERATIONS Page 9 of 14 NovusAGENDA ...PROVEN Many government agencies already have video and or audio streaming services in place. NovusAGENDA's flexibility allows for integration with most of these systems. However,NovusAGENDA also offers a variety of audio and streaming solution packages that allow for Live Streaming and Indexing as part of the overall solution. Contact your sales person today for pricing and to strategize on the best value and approach for optimizing your transparency goals. VIDEO STREAMING NovusAGENDA must be in use to leverage the following Video Streaming service. NovusAGENDA video services use the Amazon Wowza Streaming capabilities as a foundation to deliver video and audio to any devices. Our streaming services supports both Standard and High Definition broadcast and streaming. Video Services include full integration with NovusAGENDA so the public can enjoy a seamless presentation of your Agenda, Minutes and Video. Video links to items will be presented on both your Agenda and Minutes which means the public will see the links regardless of which publication they view. The service includes a live stream of your meetings as well as archived delivery of indexed meetings fully integrated with NovusAGENDA. Users access the archived meetings via the NovusAGENDA public search page for meetings. Video files are stored on our servers in mp4 format (H.265 w/mp3 audio IIFC).The MOV ATOM is stored at the end of the saved video to support progressive downloads and speed delivery. VIDEO STREAMING HARDWARE CONSIDERATIONS If you have a Tricaster system or similar device in place there is no hardware needed. If not an encoder must be installed to support the live stream. We require a video stream that is using the RTMP or RTSP protocol to carry an encoded H.264 video stream to our system (Wowza). We will provide you with the URL to our server(eg: "RTMP://publish.Novusolutions.com/liveAgenda") and the unique name of your stream (eg: "YourCityName"). If you do not have this capability in place we can suggest an encoder for you to purchase that will deliver this stream to our servers.These systems will require a small PC or laptop to run software. They do not require a high end server.A basic laptop is more than adequate to run the encoder software options below. Free option: Adobe Flash Live Media Encoder(free) Low Cost Option: Telestream WireCast ($500) Page 10 of 14 NovusAGENDA ...PROVEN RETENTION NovusAGENDA video services will retain access to your videos for 5 years at no additional cost. A small annual fee can be added for retention beyond that. VIDEO STREAMING ANNUAL SERVICE Video stream of meetings/events with unlimited on demand storage and indexing $4,000/Year tools. • Events are viewed via your agenda and or minutes so any event you stream must be a meeting type in NovusAGENDA with a published agenda. • You do your own indexing"live" in the meeting. • Index points can be edited post meeting as needed at any time. Up to 150 meetings per year. Contact us for pricing on more meetings. • Fully integrated with your agenda and minutes. • Video and Audio Stream delivered from our Amazon Wowza Servers to any modern device. • If you are streaming High Definition Video add 20%to the annual fee to cover additional storage requirements. TRANSFERRING 1 VIDEO We can transfer up to 5 years of old video to our system for a one-time fee of$995. PROPOSAL TERMS 1 CONDITIONS LIMITATION OF LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS LICENSE AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL,INDIRECT,PUNITIVE OR SPECIAL DAMAGES,LOSS OF DATA,LOSS OF BUSINESS PROFITS,BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE NOVUSAGENDA SOFTWARE,EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE TOTAL VALUE OF THE ANNUAL CONTRACT. OWNERSHIP OF DATA The client owns all data stored in their NovusAGENDA database from the instant you touch the keyboard. In the event the client terminates service or NovusAGENDA ceases business operations the data will be sent to your organization along with database schema to make the data accessible. All data is stored in an MSSQL database and also can be accessible on demand anytime by using the included NovusAGENDA Reporting Module. TERMS Page 11 of 14 NovusAGENDA ...PROVEN If a price increase is needed for any reason, the client will be notified more than a budget year in advance of the increase and would be no more than the 4% stated in our pricing section. Services are billed annually. All invoices are due within 30 days of issue date. ALTERNATE PAYMENT TERMS If monthly billing is attractive to the client, there will be no charge if a credit or procurement card is used. Automatic electronic drafts or deposits are also fine. If traditional invoices and collections need to be instituted, a 5%fee will be added to cover this expense. INSURANCE Novusolutions carries full insurance and can offer certificate of insurance with your organization named on it at no cost. If your organization requires further insurance endorsements added costs may be charged to cover the cost of those documents because carriers charge added fees for those services. The COI we provide will covet-General,Automotive,Umbrella and Technology Errors &Omissions &Privacy Security Liability plus Workers Compensation coverage. OTHER TERMS NovusAGENDA is offered with a free pilot program so additional performance bonds or other such instruments are not needed to insure successful delivery.No payments are required until clients complete the pilot cycle. NovusAGENDA carries commercial general liability insurance of$1,000,000 that should be more than enough to cover risk for this SaaS solution. The cost for any additional insurance or bonds required by a client will be passed onto the client. All data is backed up in our Amazon cloud daily and kept in redundant locations. If clients require copies of data backups these can be provided quarterly at an additional fee. Contact NovusAGENDA sales team for costs. HOW DO I ORDER? We require your signature on the approval page listed below. Once that has been signed and sent back to Novusolutions we will assign your project manager. If you choose to issue a purchase order you may attach it to these documents or send it in under separate cover. You can email to sales(&novusolutions.com or Mail to: Novusolutions, 3820 Northdale, Suite 205A, Tampa,Florida 33624 Fax to: 954-337-0761 Attn: Sales Page 12 of 14 NovusAGENDA ...PROVEN APPROVAL PAGE Rye Brook Village hereby agrees to proceed with the project, initiating with the Pilot project described above and, following a successful Pilot cloud implementation,will move forward with NovusAGENDA. If the pilot is not successful,there is no cost or obligation. In order to proceed with the Pilot implementation,this Authorization must be signed,which will initiate assignment of personnel to begin the Pilot project. After the successful pilot,please choose which option you will prefer to deploy(not binding as you can change your mind). The 90 day pilot begins when first contact is made between you the client and our project management team. OPTIONAL COMPONENTS: Please check any options to be included. ❑ NovusAGENDA in Meeting Tools(Voting,request to speak, etc.) ❑ NovusAGENDA Video (Hardware may need to be purchased based on Package chosen) The Pilot duration will be 90 days and will include the deployment,training, consultation and test meetings. At the end of 90 days you will be invoiced for the cost listed above and then decide if you want to proceed. The determination of whether the pilot was successful is reserved solely to the Village of Rye Brook. Signature Date Printed Signature Purchase Order Number (optional) Accounts payable contact: Phone E-mail Title Project Manager contact: Phone E-mail Page 13 of 14 NovusAGENDA ...PROVEN Title Page 14 of 14 February 9, 2016 R-4_ RESOLUTION CONSIDERING THE AUTHORIZATION OF A SNOW AND ICE AGREEMENT FOR COUNTY ROADS FROM OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2020 WHEREAS, Westchester County requests that the Village of Rye Brook perform snow and ice removal and control for all County roads within the Village; and WHEREAS, the current agreement between Westchester County and the Village of Rye Brook, for snow and ice removal from County Roads was due to expire as of September 30, 2015; and WHEREAS, the proposed agreement transmitted by Westchester County for Village of Rye Brook authorization inappropriately reduces the center lane and 2-line miles on Ridge Street by 2.36 miles which is not appropriate since Westchester County has not yet completed the roadway improvement project required to transfer this section of roadway to the Village of Rye Brook in accordance with the separate inter-municipal agreement between Westchester County and the Village of Rye Brook dated October 24, 2005; and WHEREAS, in two separate letters from Mayor Rosenberg dated May 29, 2015 and December 3, 2015, the Village of Rye Brook has informed Westchester County that Ridge Street has not yet been transferred to the Village of Rye Brook and has summarized the remaining roadway improvement items to be completed by Westchester County. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook is authorized to enter into a snow and ice agreement with the County of Westchester for the period of October 1, 2015 to September 30, 2020 under which the annual C.P.I. escalation provision is subject to a 3.50 percent cap; and be it FURTHER RESOLVED, that this authorization and execution of this agreement is contingent on the modification of Schedule "D" of the agreement to include the 2.36 two-lane and center lane miles on Ridge Street until such time that the remaining construction work is completed and the requirements of the October 24, 2015 inter-municipal agreement have been satisfied; and be it FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Westchester ROBERT P.ASTORINO County Executive DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION ]AY T.PISCO,P.E. Commissioner December 23, 2015 Mr. Christopher Bradbury Village Administrator Village of Rye Brook 938 King Street Rye Brook,New York 10573 Re: Agreement No. 15-958 Removal of Snow and Ice from County Roads for the Five(5)Year Term October 1,2015 through September 30,2020 Dear Mr.Bradbury: Enclosed for execution please find one(1)agreement document for the above. Kindly have the agreement signed by the appropriate official of your municipality,and have the Acknowledgment form notarized for that official. In addition,please have an official other than the official signing the agreement complete and sign the top half of the Certificate of Authority form. The bottom half of the Certificate of Authority form must be notarized for the other officer. All forms shall contain original signatures and be notarized where applicable. In accordance with Schedule"C"of the agreement, a Certificate of Insurance evidencing coverage for Worker's Compensation and Disability",Employer's Liability,Automobile Liability,and General Liability must be submitted with the executed Agreement document. Please note that the County of Westchester must be named as additional insured with respect to General Liability. "Please be advised that effective December 1,2008 the State of New York Workers' Compensation Board requires all government entities to ensure that businesses applying for permits, licenses or contracts have appropriate workers' compensation and disability benefits insurance coverage. The State of New York Workers' Compensation Board has advised us that we can no longer accept the ACORD form as acceptable proof of New York State workers' compensation or disability benefits insurance coverage. • Certificate Form C-105.2 or State Fund Insurance Company Form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. • If your municipality is self-insured for Workers' Compensation,please submit Form SI-12, Certificate of Workers' Compensation Self-Insurance,or Form GSI-105.2,Certificate of Participation in Workers' Compensation Group Self-Insurance. Please make a note of the Schedule`B"Vendor Direct Program Instructions and Electronic Funds Transfer (EFT)Form. If your municipality is not already enrolled in this program,please complete and sign both Sections I and 11 of the EFT Form and attach a voided check. If a voided check cannot be provided,please have your financial institution certify Item 14,Financial Institution Certification under Section H. If your municipality has previously submitted this form and there is no change to the information previously submitted,please check the"No Change"box located in the upper right-hand corner of the form,and complete lines 1 through 6 only of Section I. Michaelian Office Building• 148 Martine Avenue•White Plains,New York 10601 •(914)995-2594 www.westchestergov.com . Christopher Bradbury -2- December 23,2015 Please return the above to my attention,Westchester County Department of Public Works and Transportation, 148 Martine Avenue,Room 522, White Plains,New York 10601,within fourteen(14)days from the date of this letter. "WHEN RETURNING THE AGREEMENT,PLEASE INCLUDE YOUR E-MAIL ADDRESS." Upon receipt of the above,the agreement will be processed and a fully executed copy will be e-mailed to you for your files. Should you have any questions,please call me at(914) 995-2594. Very truly yours, Michael R.Dispenza � Contract Administrator MRD/ku Encl. cc: J. Pisco J.Nicoletti J. Antonaccio R.Kopenhaver L.Prakash S. Donnelly J. Statini W. Makar K.Roseman J.Nicholson G.Ireland File Agreement No. 15-958 THIS AGREEMENT made the day of 20 by and between THE COUNTY OF WESTCHESTER, a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 148 Martine Avenue, White Plains,New York 10601 (hereinafter referred to as the "County") and THE VILLAGE OF RYE BROOK, a municipal corporation of the State of New York, having offices at 938 King Street, Rye Brook,New York 10573 (hereinafter referred to as the "Municipality") WITNESSETH: WHEREAS, the County desires to obtain services for the removal of snow and ice from designated County roads within the Municipality to provide for reasonable passage and movement of vehicles over such roads; and WHEREAS, the Municipality is willing to furnish such services and the County desires to purchase same subject to the terms of the Agreement. NOW, THEREFORE, in consideration of the terms, conditions and covenants hereinafter set forth, the parties agree as follows: FIRST: This Agreement shall commence on October 1, 2015 and shall expire on September 30, 2020 unless sooner terminated as herein provided. SECOND: The Municipality agrees to furnish all necessary personnel, machinery, tools, supplies and equipment to provide snow removal and ice control services upon County roads within the boundaries of the Municipality as identified in the list attached hereto and made a part hereof as Schedule "D". Said services shall be provided upon the paved portions of County roads as well as County road bridges and bridge sidewalks and shall include the plowing or removal of snow and ice, all necessary sanding, and appropriate measures to keep catch basins and drains clear of ice and debris, until the end of the snow removal season. All work shall be performed in the manner prescribed by the Westchester County Commissioner of Public Works and Transportation ("Commissioner") or his authorized representative and shall be completed to his satisfaction. THIRD: For the services performed pursuant to Paragraph SECOND above, the County shall pay the Municipality as follows: (i) At such time as the Municipality's salt storage and application rates shall be in compliance with the recommendations of the 208 Water Quality Program, as described in the "Best Management Practices Manual" published as part of that Program as amended or supplemented, then payment shall be provided in accordance with the rates set forth in Schedule "B" for those seasons the municipality is in compliance. (ii) In the event the Municipality shall not be in compliance with the 208 Water Quality Program "Best Management Practices Manual" as amended or supplemented or, if in compliance, shall fail to so comply during the term of this Agreement, then the Municipality shall be entitled to payment only for the actual amounts expended to provide snow and ice removal services up to the maximum rates set forth in Schedule"A". (iii) Schedule "D" will be modified to add and/or delete roads, or sections of roads, as they may be added to and/or deleted from the County road system. Such addition and/or deletion may only take place upon the completion of action by the Westchester County Board of Legislators. Payments will be prorated to pay as follows: Roads Added Roads Deleted November 90% 10% December 80% 20% January 60% 40% February 30% 70% March 10% 90% (iv) During the period October 1, 2016 through September 30, 2017 the amount payable to the Municipality for said period shall be increased by the percentage, if any, that the Consumer Price Index ("C.P.I.") in the month of June, 2016 has increased over the C.P.I. in the month of June, 2015. For the next period (October 1, 2017 through September 30, 2018) the 2017-2018 rate schedule shall be increased based on the increase in the C.P.I. in the month of June, 2017 over the month of June, 2016. For the next period (October 1, 2018 through September 30, 2019) the 2018-2019 rate schedule shall be increased based on the increase in the C.P.I. in the month of June, 2018 over the month of June, 2017. For the next period (October 1, 2019 through September 30, 2020) the 2019-2020 rate schedule shall be increased based on the increase in the C.P.I. in the month of June, 2019 over the month of June, 2018. In no event, however, shall the increase in the amount payable by the County for the services rendered hereunder exceed three and one half percent (3 ''V2%) in any year of the Agreement over the preceding year's amount. In the event the C.P.I. decreases during any one (1) year term of this Agreement, the amount payable by the County shall decrease accordingly, but in no event shall the amount payable decrease below the amount payable during the first one(1) year term of this contract. For the purpose of this paragraph, the C.P.I. shall mean the Consumer Price Index for all Urban Consumers, all items, Selected Large Cities, for New York, Northeastern New Jersey Area as published by the United States Department of Labor, Bureau of Labor Statistics, Washington, D.C. as the "Consumer Price Index for all Urban Consumers" (CPI-U) 1982-84 base= 100. If the Federal government shall cease to publish such index, then the substitute index published shall be used for the purpose of adjusting the amount payable to the Municipality. FOURTH: Any and all requests for payment to be made shall be submitted within thirty (30) days after notice by the Department of Public Works and Transportation, on a properly executed claim form together with an itemized schedule of amounts expended to furnish such services. Payment shall be made only after approval by the Commissioner. This Agreement shall be deemed executory only to the extent of money appropriated and allocated by the County for the performance of the terms hereof and no liability under this Agreement shall be incurred by the County beyond moneys available for the purposes thereof. FIFTH: The Municipality shall keep accurate records of its business operations hereunder in accordance with generally accepted accounting principles. The Commissioner, or his duly authorized representative, shall have the right to inspect and audit such records and statements at all reasonable times to insure that the Municipality is complying with the terms of this Agreement. To the extent practicable such inspections shall take place at the offices of the Municipality. The Municipality agrees that all equipment charges shall be in accordance with rates established by the New York State Department of Transportation and all labor charges shall be in accordance with the prevailing rates within the Municipality for similar highway work. SIXTH: The parties recognize and acknowledge that the obligations of the County under this Agreement are subject to annual appropriations by its Board of Legislators pursuant to the Laws of Westchester County. Therefore, this Agreement shall be deemed executory only to the extent of the moneys appropriated and available. The County shall have no liability under this Agreement beyond funds appropriated and available for payment pursuant to this Agreement. The parties understand and intend that the obligation of the County hereunder shall constitute a current expense of the County and shall not in any way be construed to be a debt of the County in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by the County, nor shall anything contained in this Agreement constitute a pledge of the general tax revenues, funds or moneys of the County. The County shall pay amounts due under this Agreement exclusively from legally available funds appropriated for this purpose. The County shall retain the right, upon the occurrence of the adoption of any County Budget by its Board of Legislators during the term of this Agreement or any amendments thereto, and for a reasonable period of time after such adoption(s), to conduct an analysis of the impacts of any such County Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates set forth herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. This Agreement is also subject to further financial analysis of the impact of any New York State Budget(the "State Budget") proposed and adopted during the term of this Agreement. The County shall retain the right, upon the occurrence of any release by the Governor of a proposed State Budget and/or the adoption of a State Budget or any amendments thereto, and for a reasonable period of time after such release(s) or adoption(s), to conduct an analysis of the impacts of any such State Budget on County finances. After such analysis, the County shall retain the right to either terminate this Agreement or to renegotiate the amounts and rates approved herein. If the County subsequently offers to pay a reduced amount to the Municipality, then the Municipality shall have the right to terminate this Agreement upon reasonable prior written notice. SEVENTH: The County, upon thirty (30) days written notice to the Municipality, may terminate this Agreement in whole or in part when the County deems it is in its best interest. Subject to the availability of funds, the Municipality shall be compensated for services rendered under this Agreement prior to the effective date of such termination. In the event the Commissioner determines that there has been a material breach by the Municipality of any of the terms of the Agreement and such breach remains uncured for forty- eight (48) hours after service on the Municipality of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate this Agreement and the County shall have the right, power and authority to complete the services provided for in this Agreement, or contract for their completion, and any additional expense or cost of such completion shall be charged to and paid by the Municipality. Notice shall be effective on the date of receipt. Without limiting the foregoing, upon written notice to the Municipality, repeated breaches by Municipality of any particular duty or obligation under this Agreement shall be deemed a material breach of the Agreement justifying termination for cause hereunder without requirement for further opportunity to cure. Notice shall be effective on the date of receipt. EIGHTH: Except in an emergency, the Municipality shall not assign, sublet, subcontract or otherwise dispose of this Agreement, or any right, duty or interest herein, without previous written consent of the County. No assignment, subcontracting, subletting or other such disposition of this Agreement, either with or without such consent of the County, shall serve to relieve the Municipality of its obligations hereunder. All subcontracts entered into by the Municipality shall provide that subcontractors are subject to and must comply with all terms and conditions set forth in this Agreement. All work performed by the subcontractor shall be deemed work performed by the Municipality. NINTH: The Municipality shall comply with all applicable federal, state and local laws, rules and regulations including, but not limited to, all applicable provisions of the Labor Law, Workers' Compensation Law, State Unemployment Insurance Law, Federal Social Security Law and any and all rules and regulations promulgated by the United States Department of Labor and/or the Industrial Commissioner of the State of New York and all amendments and additions thereto. TENTH: The Municipality hereby acknowledges and agrees: (a) that in the hiring of employees for the performance of work under this Agreement or any subcontract hereunder, no Municipality, subcontractor, nor any person acting on behalf of such Municipality or subcontractor, shall by reason of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizenship status, national origin, marital status, sexual orientation, familial status, genetic pre-disposition or carrier status, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates; (b) that no Municipality, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, religion, gender, age, ethnicity, disability, sex, alienage or citizenship status, national origin, marital status, sexual orientation, familial status, genetic pre-disposition or carrier status; (c) that there may be deducted from the amount payable to the Municipality by the County under this Agreement a penalty of FIFTY ($50.00) DOLLARS for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this Agreement; (d) that this Agreement may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms and conditions of this section of the Agreement; and (e) the aforesaid provisions of this section covering every agreement for or on behalf of the County for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. ELEVENTH: The Municipality, in its own name and naming the County as an additional named insured, shall, at the commencement of the term hereof, obtain and maintain in continuous effect for the term of this Agreement, policies of insurance providing for coverage in the limits and subject to the conditions set forth in Schedule"C", attached hereto and made a part hereof. The Municipality agrees to indemnify, defend and hold the County of Westchester and its officers, employees and agents harmless from and against any and all liability, loss, damage or expense the County may suffer as a result of any and all claims, demands, causes of action or judgments arising out of this Agreement due to the negligent acts or omissions of the Municipality. The Municipality shall, within ten (10) days of the occurrence thereof, notify the Commissioner of any action,proceeding, claim or demand arising hereunder. TWELFTH: All notices of any nature referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses as set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective on the date of receipt. To the County: Commissioner Westchester County Department of Public Works and Transportation Michaelian Office Building 148 Martine Avenue, Room 518 White Plains,New York 10601 With a copy to: County Attorney Michaelian Office Building 148 Martine Avenue, Room 600 White Plains,New York 10601 To the Municipality: Village Administrator Village of Rye Brook 938 King Street Rye Brook, New York 10573 THIRTEENTH: VENDOR DIRECT PAYMENT: All payments made by the County to the Municipality will be made by electronic funds transfer("EFT")pursuant to the County's Vendor Direct program. Municipalities doing business with Westchester County, who are not already enrolled in the Vendor Direct Program, will be required to fill out and submit an EFT Authorization Form prior to receiving an award or purchase order. The EFT Authorization Form, Instructions and related information are annexed hereto as Schedule"E." Payments will be automatically credited to the Municipality's designated bank account at the Municipality's financial institution. Payments are anticipated to be deposited two business days after the voucher/invoice is processed for payment. Saturdays, Sundays, and legal holidays are not considered business days. Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account. The e-mail notification will come in the form of a remittance advice with the same information that currently appears on County check stubs and will contain the date that the funds will be credited to your account. All information received will be treated and handled as strictly confidential. The completed Authorization Form must be returned by the Municipality to the County prior to award of the contract. In rare cases, a hardship waiver may be granted. For a Hardship Waiver Request Form,please contact the Finance Department. Any Municipality that fails to return the completed authorization form(s)prior to award of the contract may be considered non-responsive and the proposal may be rejected. FOURTEENTH: The failure of either party to insist, in any one or more instances,upon strict performance of any term or condition herein contained shall not be deemed a waiver or relinquishment for the future of such term or condition, but the same shall remain in full force and effect. No waiver by either party or any provision hereof shall be implied. FIFTEENTH: This Agreement shall bind the successors, assigns and representatives of the parties hereto. SIXTEENTH: This Agreement and its attachments constitute the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all previous negotiations, commitments and writings. No change, modification or cancellation of this Agreement shall be effective except by an instrument in writing signed by a duly authorized representative of each of the parties. SEVENTEENTH: This Agreement shall not be enforceable until signed by all parties and approved by the Office of the County Attorney. [REMAINING PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the County of Westchester and the Municipality have executed this Agreement. THE COUNTY OF WESTCHESTER By: Jay T. Pisco, P.E. Commissioner of Public Works and Transportation VILLAGE OF RYE BROOK By: Name: Title: Auth�n'zed by the Westchester County Board of Legislators on the j glhday of , 2015. Authorized by the Westchester County Board of Acquisition and Contract on the 2-2-fday of bitumrur , 2015. Approved as to form and manner of execution Assistant County Attorney County of Westchester MUNICIPALITY'S ACKNOWLEDGMENT STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER) On this day of , 20_,before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Date: Notary Public CERTIFICATE OF AUTHORITY (Municipality) I, (Officer other than Officer signing agreement) certify that I am the of the (Title) (Name of Municipality) (the"Municipality"), a corporation duly organized and in good standing under the (Law under which organized, e.g., the New York Village Law, Town Law, General Municipal Law) named in the foregoing agreement that (Person executing agreement) who signed said agreement on behalf of the Municipality was, at the time of execution of the Municipality, that said agreement (Title of Person Executing Agreement) was duly signed for on behalf of said Municipality by authority of its thereunto duly (Town Board, Village Board, Town Council) authorized, and that such authority is in full force and effect at the date hereof. (Signature) STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER) On this day of , 20_,before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the above certificate and acknowledged to me that he/she executed the above certificate in his/her capacity as of , (Title) (Municipality) the municipal corporation described in and which executed the within instrument. Notary Public SCHEDULE "A" Effective October 1, 2015 Without"208" Incentive • $2,228.00 per mile for 2 lane roads • $2,938.00 per mile for 3 lane roads • $3,248.00 per mile for 4 lane roads SCHEDULE "B" Effective October 1,2015 With 11208"Incentive • $3,441.00 per mile for 2 lane roads • $4,474.00 per mile for 3 lane roads • $5,011.00 per mile for 4 lane roads SCHEDULE "C" STANDARD INSURANCE PROVISIONS (MUNICIPALITY) 1. Prior to commencing work, the Municipality shall obtain at its own cost and expense the required insurance from insurance companies licensed in the State of New York, carrying a Best's financial rating of A or better, and shall provide evidence of such insurance to the County of Westchester, as may be required and approved by the Director of Risk Management of the County. The policies or certificates thereof shall provide that thirty days prior to cancellation or material change in the policy, notices of same shall be given to the Director of Risk Management of the County of Westchester by registered mail, return receipt requested, for all of the following stated insurance policies. All notices shall name the Municipality and identify the Agreement. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the County,the Municipality shall upon notice to that effect from the County, promptly obtain a new policy, submit the same to the Department of Risk Management of the County of Westchester for approval and submit a certificate thereof. Upon failure of the Municipality to furnish, deliver and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the Municipality to take out,maintain, or the taking out or maintenance of any required insurance, shall not relieve the Municipality from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the Municipality concerning indemnification. All property losses shall be made payable to and adjusted with the County. In the event that claims, for which the County may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess of such claims or any portion thereof,may be withheld from payment due or to become due the Municipality until such time as the Municipality shall furnish such additional security covering such claims in form satisfactory to the County of Westchester. 2. The Municipality shall provide proof of the following coverage(if additional coverage is required for a specific agreement,those requirements will be described in the "Special Conditions" of the contract specifications): (a) Workers' Compensation. Certificate form C-105.2 (9/07)or State Fund Insurance Company form U-26.3 is required for proof of compliance with the New York State Workers' Compensation Law. State Workers' Compensation Board form DB-120.1 is required for proof of compliance with the New York State Disability Benefits Law. Location of operation shall be"All locations in Westchester County,New York." Where an applicant claims to not be required to carry either a Workers' Compensation Policy or Disability Benefits' Policy, or both, the employer must complete NYS form CE-200, available to download at: www.web.state.ny.us (click on Employers/Businesses, then Business Permits/Licenses/Contracts to see instruction manual). If the employer is self-insured for Worker's Compensation,he/she should present a certificate from the New York State Worker's Compensation Board evidencing that fact(either SI-12, Certificate of Workers' Compensation Self-Insurance, or GSI-105.2, Certificate of Participation in Workers' Compensation Group Self-Insurance). (b) Employer's Liability with minimum limit of$100,000. (c) Commercial General Liability Insurance with a minimum limit of liability per occurrence of$1,000,000 for bodily injury and$100,000 for property damage or a combined single limit of$1,000,000 (c.s.1), naming the County of Westchester as an additional insured. This insurance shall include the following coverages: (i) Premises - Operations. (ii) Broad Form Contractual. (iii) Independent Contractor and Sub-Contractor. (iv) Products and Completed Operations. All Contracts involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion from the policy, or proof that XCU is covered. (d) Automobile Liability Insurance with a minimum limit of liability per occurrence of$1,000,000 for bodily injury and a minimum limit of$100,000 per occurrence for property damage or a combined single limit of$1,000,000 unless otherwise indicated in the contract specifications. This insurance shall include for bodily injury and property damage the following coverages: (i) Owned automobiles. (ii) Hired automobiles. (iii) Non-owned automobiles. 3. All policies of the Municipality shall be endorsed to contain the following clauses: (a) Insurers shall have no right to recovery or subrogation against the County of Westchester(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above-described insurance. (b) The clause "other insurance provisions" in a policy in which the County of Westchester is named as an insured, shall not apply to the County of Westchester. (c) The insurance companies issuing the policy or policies shall have no recourse against the County of Westchester(including its agents and agencies as aforesaid) for payment of any premiums or for assessments under any form of policy. (d) Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of,the Municipality. SCHEDULE "D" COUNTY ROADS-SNOW AND ICE AGREEMENT VILLAGE OF RYE BROOK CTR- LINE 2 LANE 3 LANE 4 LANE C.R.NO. COUNTY ROAD NAME MILES MILES MILES MILES 54B SOUTH RIDGE STREET 0.81 0.00 0.00 0.81 104 POLLY PARK RD.BOWMAN AVE. 0.15 0.15 0.00 0.00 104-H BOWMAN AVEJOLD WHITE PLAINS RD. 0.58 0.58 0.00 0.00 TOTAL MILEAGE-RYE BROOK 1.54 0.73 0.00 0.81 SCHEDULE"E" Westchester County Vendor Direct Program Frequently Asked Ouestions 1. WHAT ARE THE BENEFITS OF THE ELECTRONIC FUNDS TRANSFER(EFT) ASSOCIATED WITH THE VENDOR DIRECT PROGRAM? There are several advantages to having your payments automatically deposited into your designated bank account via EFT: Payments are secure—Paper checks can be lost in the mail or stolen,but money deposited directly into your bank account is more secure. You save time—Money deposited into your bank account is automatic.You save the time of preparing and delivering the deposit to the bank.Additionally,the funds are immediately available to you. 2. ARE MY PAYMENTS GOING TO BE PROCESSED ON THE SAME SCHEDULE AS THEY WERE BEFORE VENDOR DIRECT? Yes. 3. HOW QUICKLY WILL A PAYMENT BE DEPOSITED INTO MY ACCOUNT? Payments are deposited two business days after the voucher/invoice is processed. Saturdays, Sundays, and legal holidays are not considered business days. 4. HOW WILL I KNOW WHEN THE PAYMENT IS IN MY BANK ACCOUNT AND WHAT IT IS FOR? Under the Vendor Direct program you will receive an e-mail notification two days prior to the day the payment will be credited to your designated account.The e-mail notification will come in the form of a remittance advice with the same information that currently appears on your check stub,and will contain the date that the funds will be credited to your account. 5. WHAT IF THERE IS A DISCREPANCY IN THE AMOUNT RECEIVED? Please contact your Westchester County representative as you would have in the past if there were a discrepancy on a check received. 6. WHAT IF I DO NOT RECEIVE THE MONEY IN MY DESIGNATED BANK ACCOUNT ON THE DATE INDICATED IN THE E-MAIL? In the unlikely event that this occurs,please contact the Westchester County Accounts Payable Department at 914-995-4708. 7. WHAT MUST I DO IF I CHANGE MY BANK OR MY ACCOUNT NUMBER? Whenever you change any information or close your account a new Vendor Direct Payment Authorization Form must be submitted.Please contact the Westchester County Accounts Payable Department at 914-9954708 and we will e-mail you a new form. 8. WHEN COMPLETING THE PAYMENT AUTHORIZATION FORM,WHY MUST I HAVE IT SIGNED BY A BANK OFFICIAL IF I DON'T INCLUDE A VOIDED CHECK? This is to ensure the authenticity of the account being set up to receive your payments. Westchester County . Authorization Is: (check one) %gesVter Electronic Funds Transfer (EFT) O New Vendor Direct Payment Authorization Form O Change INSTRUCTIONS: Please complete both sections of this Authorization Form and attach a voided check. See the reverse side for more information and Instructions. Mall to:Westchester County,Department of Finance,Treasury Division, 148 Martine Avenue,White Plains,NY 10601 Attention: Vendor Direct Vendor • • 1.Vendor Name: 2.Taxpayer ID Number or Social Security Number. 3.Vendor Primary Address 4.Contact Person Name: Contact Person Telephone Number. 5.Vendor E-Mail Addresses for Remittance Notification: 6.Vendor Certification: I have read and understand the Vendor Direct Payment Program and hereby authorize payments to be received by electronic funds transfer Info the bank that I designate in Section IL 1 further understand that in the event that an erroneous electronic payment is sent Westchester County reserves the right to reverse the electronic payment In the event that a reversal cannot be Implemented,Westchester County wig utti/ze any other lawful means to retrieve payments to which the payee was not entitled. Authorized Signature Print NametTTtle Date Section . . • 7.Bank Name: 6.Bank Address: 9.Routing Transk Number. 10.Account Type: (check one) 0 Checking ❑Savings 11.Bank Account Number. 12.Bank Account Title: 13.Bank Contact Person Name: 7--7 hone Number. 14.FINANCIAL INSTITUTION CERTIFICATION(required ONLY if directing funds Into a Savings Account OR if a voided check is not attached to this form): I certify that the account number and type of account is maintained In the name of the vendor named above. As a representative of the named financial Institution,l certify that this financial Institution is ACH capable and agrees to receive and deposit payments to the account shown. Authorized Signature Print Name/Title Date (Leave Blank-to be completed by Westchester County)-Vendor number assigned Westchester County- Department of Division Electronic Funds Transfer (EFT) Vendor Direct Payment Authorization Form GENERAL INSTRUCTIONS Please complete both sections of the Vendor Direct Payment Authorization Form and forward the completed form(along with a voided check for the account to which you want your payments credited) to:Westchester County Department of Finance, 148 Martine Ave, Room 720,White Plains, NY 10601, Attention:Vendor Direct. Please see item 14 below regarding attachment of a voided check. DO- INFORMATION 1.Provide the name of the vendor as it appears on the W-9 form. 2.Enter the vendor's Taxpayer ID number or Social Security Number as it appears on the W-9 form. 3.Enter the vendor's complete primary address(not a P.O.Box). 4.Provide the name and telephone number of the vendor's contact person. 5.Enter the business e-mail address for the remittance notification.THIS IS VERY IMPORTANT. This is the e-mail address that we will use to send you notification and remittance information two days prior to the payment being credited to your bank account.We suggest that you provide a group mailbox(if applicable)for your e-mail address. You may also designate multiple e-mail addresses. 6.Please have an authorized Payee/Company official sign and date the form and include his/her title. Section • • INFORMATION Ei 7. Provide bank's name. 8.Provide the complete address of your bank. 9.Enter your bank's 9 dlgit routing transit number. 10. Indicate the type of account(check one box only). 11.Enter the vendor's bank account number. 12.Enter the title of the vendor's account. 13.Provide the name and telephone number of your bank contact person. 14.If you are directing your payments to a Savings Account OR you can not attach a voided check for your checking account,this line needs to be completed and signed by an authorized bank official.IF YOU DO ATTACH AVOIDED CHECK FOR A CHECKING ACCOUNT,YOU MAY LEAVE THIS LINE BLANK. NEW/CHMGE VEN EFr 8/08 I February 9, 2016 R- 6 RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: JANUARY 12, 2016 and JANUARY 26, 2016 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby certifies the approval of the minutes for the meetings held on January 12, 2016 and January 26, 2016. VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 12, 2016 AGENDA 7:15 P.M. —EXECUTIVE SESSION 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE RE PORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Considering a request fora app ca ion for a e II Home Occupation Permit at 54 Rock Ridge Drive. RESOLUTIONS: 1) Considering equest for an applicati for a Tier III Home Occupation Permit at 54 Rock Ridge Drive onsidert Community nice Aggregation (CCA) Memorandum of nderstandinNk 3) . ering the approval of minutes from the meeting of December 15, 2015. ADMINISTRAT S REPORT OLD BUSINESS illf NEW BUSINESS • Referral to the Sustainability Committee to consider adopting the NYSDEC's "Climate Smart Communities Pledge" DISCUSSION ITEM Board of Trustees Meeting January 12,2016 Page 1 of 8 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Admrnrs rator Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting etary Mayor Paul Rosenberg welcomed everyone to the Tuesday, JanuNitem rd of Trustees meeting; the first meeting for 2016. The Board just came in fromsion, and will need to continue after the meeting. aMayor Rosenberg called for te agenda: PUBLIC HEARINGS: 1) Considerin request for an application for a Tier HI Home Occupation Permit at 54 Ro dge Drive. 6 On a motion made by stee David Heiser, an conded by Trustee Susan Epstein, the public hearing was ed open. Mr. B y Calle e roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Pa 1 Ro enberg voting aye The applicant, Paola Belli r, gave an overview of her application. She noted that she is a Yoga Teacher, and that is her passion. There is a separate entrance to the home that she will use as a Yoga Studio. The previous owner had an office in the home but to be certain that this was allowed, she contacted the Village and filed an application for a Tier III Home Occupation Permit. There will be no signage in front of the home. A Tier III permit allows for more than one person coming into her studio at a time and that is how she chose the Tier for her application. Not more than six people can fit in the studio space in her home. All clients would be required to park in the driveway. Board of Trustees Meeting January 12,2016 Page 2 of 8 Mayor Rosenberg called for the members of the public wishing to address the Board in support or opposition to the application. Juliet Solomie, 61 Rockridge Drive, a resident for the past 51 years, addressed the Board. She and her husband raised their family there and she is now a widow and lives alone. She stated that she was opposed to having a business across the street from her home. The first issue is a safety issue. Rockridge Drive is a busy street. There are children on the street, people walking dogs at night. The greater the number of cars there are the greater the possibility of an accident. She was happy to learn that all cars will be parked on the applicant's property. The second issue was that a business across from her home would lower her property value. Ms. Solomie read a letter into the record from a real estate broker, Ruth Truvini, with Hoolihan Lawrence. If there is an active business in the a eta, you must disclose this to any potential buyers. A business in a residential area has ane ut there is a big difference between having one client and having six clients per hour. Mr. Christopher Bradbury, Village Administrat teothat re are di tTiers for having a business out of your home. A neighboring resident indicated th rior owneocktidge Drive did not have a permit for a Home Occupation although she ran a business from the premise. According to this resident, no one knows how many clients were seen per hour. Nancy Loomis of I I BIC Lane addressed the Board. She ted that she did feel better about did feel better about application after hearing the applicant's overview tonigh . She hoped that the application could be approved, but that the number of clients and visits could be restricted. Mr. Bradbury stated that the Police cannot ticket anyone for parking in the street. If clients are not parking in the driveway it is dealt with as violation of the permit. Mr. Gripp resident of Rye rook, essed the Board. He felt that Rockridge Drive was not a very wide road. By his calculations he road is only 27 feet in width. He reviewed other breaches of the Village's Code, how they are handled, and what makes Rye Brook unique. He stressed that it is a safety issue when additional cars on the street. The cars in the driveway will have to back out. He felt that businesses out of homes are workable when the roads are wider. People stay in Rye Brook because of the character of the community, and for what the community has to offer. Communities should benefit from the home occupation. He felt that the application should be approved, with restrictions. Mayor Rosenberg noted that a home occupation does benefit the community. Having accountants, attorneys, therapists, etc. available for the residents is a plus. Ms. Loomis questioned the number of clients coming to the home. Attorney Beane, Village Counsel, stated that the goal is one session per hour and not people coming and going every few minutes. Board of Trustees Meeting January 12,2016 Page 3 of 8 On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the public hearing was closed. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting a Ms. Bellini noted that she put four to six people to just put a number on it. She is passionate about Yoga and she wants to share what she has learned over the ye She is the one that came to the Village as she wants everything done correctly. Mayor Rosenberg noted that a home occupation was dust granted on mcoln Avenue. The clients park in the driveway, and there has not been any issues. The conditions will be put into the resolution, and the applicant will have the responsibility to follow the rules. Mr. Bradbury noted that if the Village receives any phones from residents that the terms of the permit are not being followed, then research is done to see whose car is parked where, or how many people are entering the home office, and at what times and the issue will be rectified. Mrs. Solomie noted that the neighbors should not be turned into `spys.' She was looking for the rules to be followed. She once again expressed concern about the value of her home and safety. % Trustee Epstein noted that Mrs. e14eq not as intensiveor aggressive as other requests received by the Village.Truste ednick noted that this rs aa, and no one is looking to disrupt the neighbors. He suggested reducing the number of clients to four, and restricting the start time. Mrs. Bellini stated that she did not have any problems with the suggested restrictions. IL Trustee Heiser noVeng the cars in the driveway addresses many of the neighbor's issues. Mr. Grippo suggehe days from five daysa week to two or three days per week was a possible compromise. Mrs. Solomie felt that having eight cars a day coming and going would be a disruption, especially for her as she resides directly across the street. She asked that the Board consider not granting the application. Mayor Rosenberg called for the resolution on this matter: Board of Trustees Meeting January 12,2016 Page 4 of 8 RESOLUTIONS: 1) Considering a request for an application for a Tier III Home Occupation Permit at 54 Rock Ridge Drive. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A TIER III HOME OCCUPATION PERMIT FOR A YOGA STUDIO AT 54 ROCK RIDGE DRIV1%, VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, Ana Paula Bellini, owner of 54 Rock Ridge Driv7dres, to receive a Tier III Home Occupation Permit for use of the residence as a Yoga Studio; and WHEREAS, Ms. Bellini submitted a Home Occupation Permit Application to the Building Department as well as photographs of the roposed studio, survey of the property, floor plans and a description o the proposed use; and WHEREAS; s. Bellini as outlined th rs o operation and number of employees for the proposed Home Occupation in accordance with the Village of Rye Brook Code; and WHEREAS, a duly advertised public hearing was held on January 12, 2016 to consider the Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code, at which time all ,those wishing to be heard on the Application were given such opportunity, and the public hearing was,closed on January 12, 2016. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby grants a Tier III Home Occupation Permit to Ana Paula Bellini to operate a yoga studio at 54 Rock Ridge Drive, Rye Brook, New York in accordance with Village Code, subject to the followin nVing 1. Prior to com operation of the yoga studio as a home occupation, the Applicant shall comply with all applicable requirements of the New York State Uniform Fire Prevention and Building Code and Village of Rye Brook Code, as determined by the Village of Rye Brook Building and Fire Inspector. 2. The Tier III Home Occupation Permit shall be valid for a period of one year from the date of this Resolution, subject to renewal as provided at Village Code §250- 38.1)(3)(e). Board of Trustees Meeting January 12,2016 Page 5 of 8 3. Hours be Monday to Friday 9am to Spin with a maximum of 2 sessions per day and a maximum of 4 people per session. All parking must be off street parking. Trustee Rednick made a motion to amend the resolution in connection with parking, time, and the number of clients. It was noted that the permit must be renewed annually, but the applicant does not need to come back before the Board. Attorney Beane stated that if the conditions are being followed there should be no complaints an gn o reason for a review of the application. If people are complaining, then a review take place. On a motion made by Trustee Susan Epstein, and onded by Trustee David Heiser, the resolution was adopted as amended. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser oting aye Trustee Jason Klein voting aye Trustee Jeffi•ey Re dn voting aye Mayor Paul Rosenberg voting ay Ado%L 2) Considering a Community Choice Aggregation (CCA) Memorandum of Understanding. -ML 11 Mr. Bradbury read the following resolution: RE TION RESOLUTI N AUTHO ZING ADO TION OF MEMORANDUM OF AGREEMENT AND ENERGY ERVICES AGREEMENT GE-OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the llage of Rye Brook previously adopted a Resolution dated July 2, 2015 agreeing to enter into an agreement with Sustainable Westchester authorizing the Mayor to execute any and all documents with respect to the Community Choice Aggregation program ("CCA Program") in Westchester County which would allow the Village Board to participate in a program with Sustainable Westchester to procure energy supply from energy services companies for the residents of the Village; WHEREAS, the Resolution authorized the Mayor to execute any and all documents to give effect to the Resolution Board of Trustees Meeting January 12,2016 Page 6 of 8 NOW THEREFORE, BE IT RESOLVED, that the Mayor is authorized to execute the attached Memorandum of Understanding in furtherance of the Village of Rye Brook's participation in the CCA Program; BE IT FURTHER RESOLVED, that the Mayor also is authorized to execute an Energy Services Agreement ("ESA") in the form attached to the Memorandum of Understanding, subject to further review and revision by the Village Attorney, which authorizes Sustainable Westchester to accept bids for energy service so long as the minimum requirements set forth in the Memorandum of Understanding and Resolution dated July 2015 are satisfied. Mayor Rosenberg noted that a local law has been approved. Mr. Bradbury noted that the Village was anxious to get started. There are now 24 communities i estchester that have joined this program. The next step is to see results. Community Choice Ag N-egation (CCA) needs to be sure that all of the communities want to go forward Attorney Beane noted that the municipalities aking it very clear Rye Brook is in on board with this program and ready to move forwar Glen Wynberg of Sustainable Westchester reviewed additional communities that have recently come on board. He noted that there is a contract in place Once the door is closed, the RFP will be issued. Two weeks later a decision will be made and the will accept a bid on the spot. From there, they will have at least seven days to transfer the customer ,data. There is a rescission period of 20 (28) days. Data has been collected from Con Ed for their customers. Residents will receive an opt out letter. It was noted that some people have already chosen an ESCO and Natural Gas pricing has dropped. On a moti Trustee Epstein, and seconded by Trustee Jason Klein, the resolution was adopted Mr. Bradbury called the ro Trustee Susan ein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 3) Considering the approval of minutes from the meeting of December 15, 2015. On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the summary was approved. Mr. Bradbury called the roll: Board of Trustees Meeting January 12,2016 Page 7 of 8 Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Solarize Rye Brook program is sti progress. It started in October of 2015. Information can be found on the Village's website. The Village is picking up Christmas Trees and will continue pickups until they are all gone. The 2016 Sanitation Calendars are available. It can also be access through the Village's website. Village Hall will be closed on Monday, Jan 8, 2016, in observance Martin Luther King Day. The Auditors will be at the next Board rustees mee mg o review the fiscal r 2014-2015. NEW BUSINESS 44 01' • Referral to the Sus110inability Committee to consider pting the NYSDEC's "Climate Smart Commes Pledge" It Trustee Jason Klein gave a brief overview of this matter. This pledge means you are looking for ways to conserve energy. There are ten elements that are reviewed. The Sustainability Committee has already started discussing this matter. Mayor Rosenberg noted that this matter will be discussed further. The next meetings of the NBoaofTVrustees are scheduled for January 26 and February 9, 2016 Mayor Rosenberg called for a motion and second to go into an Executive Session. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the meeting was adjourned at 9:11 p.m. and the Board returned to an Executive Session. Nr Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting January 12,2016 Page 8 of 8 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 26, 2016 7:00 P.M. —EXECUTIVE SESSION: 0 Save the Sound Litigation 7:30 P.M. —REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: • Auditors Report for fiscal year e ding ay 31, 201 AFFORDABLE HOUSING: PUBLIC HEARINGS: RESOLUTIONS: 1) Setting a public hearing or an app ica ion for approval submitted by Sun Homes for propery located at 1100 King Street (Reckson). 2) Authorizing the submission of a NYS Home le Request to reauthorize a Hotel Occupancy Tax. Llent to the Town of Rye Bo of Assessment Review. ell) Corisidering the appr 1 of minu from the meeting of January 12, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS • Review of Draft Five-Year Capital Improvement Plan. DISCUSSION ITEM ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING 1 REPORT/PRESENTATIONS: • Auditors Report for fiscal year ending May 31, 2015. John Cosgrove and Melissa Zotten addressed the Board noting that the financial statement can be found on the Village's website if anyone would like to view it. It is a 60 page document and he will touch upon the highlights only. The opinion on the second page is their opinion and it is an unmodified opinion which is the best the Village could get—there are four types and this is the best one available. The audit did not identify any issues and they had noents. The Village is financially healthy and the audit shows that. Trustee Heiser asked if there were any re endations for the Village of Rye Brook to which Mr. Cosgrove suggested some software changes that are actually currently being implemented by the Village. Mr. Cosgrove credited Mr. Bra who in turn credited Treasurer Diane DiSanto and her staff. Mr. Bradbury added that it really is a team effort which in es the departments not over spending their budgets and in addition to that the Village B ns a tight ship. Mayor Rosenberg thanked them for com g. Mayor Rosenberg wanted to take a momen r two to call out the Highway and Parks Departments as well as Mr. Nowak for a phenomenal job during the snow storm. He spent some time with Foreman Paul Vinci and saw what grueling work snow removal is. The crews were on for 24 hours before they went home. He received an email from a resident which he read complimenting the village for its snow removal efforts. Paul Vinci does an amazing job as doe his staff. RESOLUT 1) Settin a publi hearing for an application for PUD approval submitted by Sun Homes for property located at 1100 King Street (Reckson). Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING FOR AN APPLICATION FOR PUD SITE PLAN APPROVAL SUBMITTED BY SUN HOMES FOR PROPERTY LOCATED AT 1100 KING STREET (RECKSON) VILLAGE OF RYE BROOK BOARD OF TRUSTEES 2 WHEREAS, Sun Homes (the "Applicant"), as authorized by property owner Reckson Operating Partnership L.P., submitted a PUD Site Plan Application in connection with the proposed construction of a residential development of 110 single- family dwelling units on property located at 1100 King Street, designated as Section 129.25, Block 1, Lot 1 on the Town of Rye Tax Map and located in the Planned Unit Development ("PUD") District; and WHEREAS, the instant Site Plan Application constitutes Phase II of a two-phase PUD approval process pursuant to Village Code §250-7.E wherein PUD Concept Plan approval and PUD zone change occur in Phase I and detailed subdivision and site plan review and approval occur during Phase II; and WHEREAS, the Board of Trustees is the Approval Authority for this application pursuant to Section 250-7.E(4)(b)(2) of the Village 4 de; and WHEREAS, on July 28, 2015 the lard of Trustees.,adopted a Negative Declaration pursuant to SEQRA for the Proposed Action which includes certain text amendments to the PUD zoning regulations in Chapter 250 of the Village Code, rezoning the Property from OB-1 to PUD, PUD Concept Plan a D Site Plan ap rovals, and other permits and approvals; an*hh- WHEREAS, on October 2, 2015 the Board of Trustees affirmed its continuing role as Lead Agency for the review of the PUD Site Plan plication and referred the application to the Vi Rye Broo lanning rd for and Recommendation; and WHEREAS, �on January 14, 2016 e Planning Board adopted a Report and Recommendation which was submitted to the and of Trustees for consideration. ft. ERE*E, BE IT RESOL D, that the Board of Trustees of the Vi ge of Rye Brook shall hold a public hearing on February 23rd at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the above-referenced application. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application and further directs that, pursuant to General Municipal Law §239-nn, notice of public hearing shall be sent to the Town/Village of Harrison for comment no less than 10 days prior to the public hearing. BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification for the public hearing. Mr. Null addressed the Board stating that earlier today he sent a email requesting a Public Hearing be set for February 23' 2016. He understands there are questions regarding the 3 supply of water but they have obtained a will serve letter from Suez Water. He received an email that he forwarded to Chris and gave copies to the Board. The email confirms that a flow test was conducted on the discharge side of the Bellefair booster station — based on the results — the willingness to serve was issued. It included results from the flow test which show adequate pressure to service the development. Mayor Rosenber is concerned with good pressure as opposed to adequate pressure....that is where the concern of this board is. Mr. Null responded that he believes the fact that Suez Water gave a willingness to serve letter means they are confirming that they are confident they have the capacity to deliver. Mr. Bradbury added that initially they said they would need to do an improvement of some sort —the Board wants to make sure that the community surrounding this proposed development does not suffer any water related prop lems. Mayor Rosenberg believes the Village's consultants needet to a certain level of comfort on this subject. Mr. Null added that the water company *caot conduct any rther testing in these weather conditions. If they can't conduct these tests till Spring he has a serious concern about waiting. Mr. Bradbury stated that they wl take the information provided tonight by the application and forward it to thIcai' tant first think in the morning and see what comes back to us. Trustee Heiser wants to tell thnt llefair they have no concerns about water pressure—there will be no impey will notice nothing. Mayor Rosenberg agrees —the reside s of Bellefair will not see any degradation in their water — we don't want to see any reduction in psi regardless of the letter received. We will set the Public Hearing— senk to our consultant in the morning and await a response. Public set for February 23, 16 On a motion made by Trustee Epstein an seconded by Trustee Heiser, the resolution was approved and Mr. Brad called the roll: TRUSTEE EPSTEIN AY TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBER AYE 2) Authorizing the submission of a NYS Home Rule Request to reauthorize a Hotel Occupancy Tax. Mr. Bradbury read the resolution: 4 RESOLUTION AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO REAUTHORIZE A HOTEL OCCUPANCY TAX WHEREAS, the Village of Rye Brook desires to reauthorize an occupancy tax on any room for hire within the Village first enacted in 2010 for a three (3) year period and renewed in 2013 for an additional three (3) year period; and WHEREAS, the rate of such tax shall not excee hree (3) percent of the per diem rental rate for each room; and WHEREAS, NYS Senator George Latimer has introduced NYS legislation to the Senate with bill number 5.6079, and NYS Assemblyman Steve Otis has introduced NYS legislation to the Assembly with bill number A.9072; and Ikk WHEREAS, this legislation requires the passage of a Home Rule Request to the NYS Senate and NYS Assembly by the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the BoarNoftees of the Village of Rye Brook hereby approves the submission of a Home Rule Request to the NYS Senate and Assembly for bill number 06079 and A.9072 that would not exceed a three (3) percent daily room tax for a hotel, motel, or similar place of public accommodation; an ft, * A BE IT FURTHER RESOLVED, that t%May !Administrator/Clerk are hereby authorized to submit the Home R Request and to execute and deliver all necessar cuments t w York St te. IV All Mayor Rosenberg stated that this is suc an impo ant matter. The Hotel Tax was enacted in fiscal year 2010 — 2011 — brought in hundreds of thousands of dollars to the Village. He appreciated Senator Latimer, Assemblyman Otis, Governor Patterson and Governor Cuomo for proposing this and we are hoping for same positive news again from Albany. Mr. Bradbur dded that there are a total of 800 rooms in Rye Brook which is a significant amountoo sand the income from this tax is very important to the Village budget. On a motion made by Trustee Rednick and seconded by Trustee Klein, the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 5 3) Appointment to the Town of Rye Board of Assessment Review. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING AN APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW WHEREAS, there is an existing agreement between the Town of Rye and the Villages of Rye Brook and Port Chester describing the method of appointment for members of the Town of Rye Board of Assessment Rev ' and WHEREAS, in accordance with this the Town of Rye has recommended the re-appointment of Brian Niles to serve a five (5) year term on the Town of Rye Board of Assessment Review as e Town of Rye esignated Member; and WHEREAS, the Rye Brook Village Board wishes consent to this recommended appointment of Brian Niles to serve a five (5) year t rm on the Town of Rye Board of Assessment Review as the Town of Rye Designated Membe NOW THEREFORE BE IT RESOLVE , that the Village of Rye Brook Board of Trustees hereby consents to the.Town of Rye's appointment of Brian Niles of 70 Rock Ridge Drive, Rye Brook, NY, to serve as the Town of Rye's Designated Member to the Board of Assessment Review (BAR) for a term of five (5) years, which term begins on October 1, 2015 and will expire on September 30, 2020, in accordance with the inter- municipal agreement among the Town of Rye and the Villages of Rye Brook and Port Chester; and 11 BE IT FURTHER RESOLVED, a a copy of this resolution shall be forwarded by the Village Administrator/Clerk to the Town of Rye for final approval. Mr. Bradbury explained that when Rye Brook stopped being an assessing unit we wanted to make sure we had Rye Brook representation on the Assessment Review Board. There are 2 Rye ok residents, 2 Port'Chester residents and 2 Village of Mamaroneck residents. Th cedure is that the community recommends who represents them and the other communit roves it. This is the Rye Town recommendation and Rye Brook has to approve it. On a motion made by Trustee Heiser and seconded by Trustee Epstein, the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 6 4) Considering the approval of minutes from the meeting of January 12, 2016. Mayor Rosenberg asked to adjourn this item as he has not had a chance to review the minutes. ADMINISTRATORS REPORT Mr. Bradbury addressed the snow storm again tanking the highway and parks employees but this time he also wanted to thank the residents. Ev one was very cooperative staying home until the roads were clean and safe and al aning their sidewalks. Solarize Rye Brook — this Thursday February 28 the Village is hosting another workshop at Village Hall. There was another great article in the Wetmore News last week which was great. He advised the community that we are also holding another event on Saturday, February 6th at Starbucks during their peak time which will be another opportunity for residents to ask questions end get information. NEW BUSINESS • Omkk Review of Draft Five-Year Capital Improvement Plan. Mr. Bradbury explained that this was implemented to raise issues and identify projects important to the Village. Some of the information came from the Comprehensive Plan and some came from projects that are required such as the sanitary sewer project and some comes from the Departments and what they feel there needs are......much more than a wish list. This is a guide for.our staff and feedback is very useful and helpful. Some items require further disc _'10 — the Community Center for example. This is a living document that can be revisited at any time. AN Mayor Rosenberg added that the Village budget workshops are already scheduled and that is where the public will have the ability to come down and give their opinion as well. Trustee Klein asked if any other roads will require the resurfacing project that was done on High Street — the response was no. He also asked about the new Public Works and Parks garage and when we see that happening. Mr. Bradbury responded that the space needs analysis is being done and he predicts maybe the tail end of next year for financing of that project. Trustee Klein also believes that a spray park or roller hockey rink are temporary or seasonal uses and would like to find something more year round....maybe being able to transform them into something else out of season. Mr. Bradbury responded that this is a discussion item and they are looking for feedback to see if there was any interest. 7 Trustee Rednick asked about the artificial turf at the King Street Fields — not going to make it till 2018 —terrible shape—thinks we need to take a look at that. Mr. Bradbury responded that either way we are looking at summer of next year— 2017 — debated about when financing has to be put in place — we are making small fixes on the turf to get by for a bit. It has been 8 years and the turf is worn but in the heavily used areas it is getting to low so they are taking spots on the outside and bringing it to the middle for a quick fix. Mayor Rosenberg added that our Fire Department Ladder truck is going to have to be replaced next year and will cost in the order of a million dollars. Trustee Rednick in regard to the Community Center, if we are going to study it he would like to see it done sooner than later and either dismiss it or ceed to the next step. Chris responded that this is the type of feedback I am 1 for and if you want me to put it in this year's budget. LED street lighting — Mr. Nowak gave an upda e. e is ontact with NYPA for a photometric analysis and to obtain various light heads availa e under the program. He has reviewed them and have narrowed it down to two light heads and will be getting samples in the next couple of weeks - they will be installed and will be able to give feedback after that. There being no further comme uestions, osenberg adjourn he meeting at 8:35 by unanimous voice vote. 8