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HomeMy WebLinkAbout2015-06-09 - Board of Trustees Meeting Documents VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 9, 2015 7:00 P.M. —EXECUTIVE SESSION: property acquisition 7:30 P.M. —REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: 1) 6th Grade Basketball Honors 2) Denise Knauer, Town of Rye Assessor — presentation on tax assessment process and tentative tax rolls AFFORDABLE HOUSING: PUBLIC HEARINGS: 1) Considering a local law amending Chapter 6 of the Village Code regarding Major Capital Improvements for Affordable Middle-Income Units at BelleFair. 2) Considering a Tier III Home Occupation Permit for a Yoga Studio at 16 Lincoln Avenue RESOLUTIONS: 1) Considering a local law amending Chapter 6 of the Village Code regarding Major Capital Improvements for Affordable Middle-Income Units at BelleFair. 2) Considering a Tier III Home Occupation Permit for a Yoga Studio at 16 Lincoln Avenue 3) Set a public hearing regarding consideration of a local law to establish a Community Choice Aggregation Energy Program in the Village of Rye Brook for June 23, 2015 4) Considering a bid award for Contract#15-12: Recreation Bus Transportation 5) Considering appointments to the Airport Advisory Council 6) Considering the rejection of a bid for Basketball Court Resurfacing at Pine Ridge Park 7) Considering a contract extension with Central Tree Services, Inc. 8) Considering the approval of Minutes from April 14 and April 28, 2015 9) Considering a request for the use of Harkness Park by the Blind Brook-Rye Federation of Teachers for an event (added) ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS 1) Countywide Plastic Bag Ban ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS June 23 and July 14, 2015 May 26, 2015 R-2 RESOLUTION CONSIDERING A LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING MAJOR CAPITAL IMPROVEMENTS FOR AFFORDABLE MIDDLE-INCOME UNITS AT BELLEFAIR VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to Chapter 6 of the Village Code to permit selling owners of affordable middle-income units at BelleFair to recapture the cost of major capital improvements, as defined by the local law, upon the sale of the unit; and WHEREAS, a proposed local law was introduced on May 26, 2015 to amend Chapter 6 of the Code of the Village of Rye Brook to implement the purpose set forth above; and WHEREAS, on May 26, 2015 the Board of Trustees of the Village of Rye Brook determined that the proposed action to be a Type II Action pursuant to the New York State Environmental Quality-Review Act (SEQRA) and therefore no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 9, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the proposed local law. LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE A LOCAL LAW to amend Chapter 6 of the Code of the Village of Rye Brook regarding Affordable Middle Income Development Program at BelleFair. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 6, Section 10, Subsection C of the Code of the Village of Rye Brook is hereby, added as follows: §6-10 Initial and subsequent sales. C. Major capital improvements. The cost of Major Capital Improvements, as defined herein, for an affordable middle-income unit may be recaptured by the selling owner upon the sale of the unit. Upon the owner's submission of sufficient proof, as determined by the Village Administrator, the maximum resale price shall include the cost of labor and materials for Major Capital Improvements made by the selling owner during his/her period of ownership, as evidenced by, paid receipts depreciated on a straight fine basis over a fifteen (15) near period from the date of completion. The owner shall produce to the Village Administrator paid receipts for the costs of the Major Capital Improvements which shall not include the cost of labor for "do-it-yourself' projects or the cost of service/maintenance agreements. Costs of Major Capital Improvements performed without requisite permits or approvals shall not be included in the maximum resale price of the unit. Notwithstanding the foregoing, in no event shall Major Capital Improvements result in a maximum resale price which exceeds 530,000 above the factor of the then prevailing Westchester County median income for a household of four, established by the United States Department of Housing and Urban Development (or a successor agency) multiplied by 2.39. The owner may seek a determination from the Village Administrator of the maximum resale price for the purpose of refinancing. Costs of labor and materials for the following Major Capital Improvements shall be included in the maximum resale price, as set forth above, provided the improvements is of equal or greater quality to the existing condition, results in a total combined cost of$2,500 or greater, the Major Capital Improvement is not otherwise covered by the BelleFair Homeowners' Association through monthly payments by the unit owners, and is attached to the property in a such a way as to be an integral part of the premises such that its removal would do harm to the building or land: (1) Replacement or repair of siding; (2) Replacement or repair of roof, (3) Finishing of basement; (41 Replacement or repair of flooring; (5) Replacement or repair of windows; (6) Generator hook-up; (7) Upgrades to kitchen and/or bathroom; and (8) Other similar fixed improvements, as determined by the Village Administrator. In addition, upon the sale of the middle-income unit the selling owner shall receive a credit against the resale price up to a maximum of$5,000.00 for all or a portion of the funds paid by the selling owner toward anv fund or special assessment established by the BelleFair Homeowners' Association dedicated to the repair and replacement of roofs, upon submission to the Village Administrator of proof of such payments by the selling owner. In the event the Board of Trustees designates an official, board or entity other than the Village Administrator, to fulfill the powers and duties of the Village Administrator under this chapter, the selling owner shall be responsible for the payment of any and all fees assessed by such entity for the services provided. Section 2. Severability. If any clause, sentence, paragraph, section, article or part of this Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered, and such invalidity shall not be deemed to affect the remaining portions thereof. Section 3. This local law shall take effect immediately upon filing with the Office of the Secretary of State. �y - 101 BUILD . MRARTMENT D Lc, CPPLICATIO:'� D Vri. E OF OOK ' 938 KING ET RYE BR ,NY 10573 (914)939 f�68 FAX(91f939-5801 AM 10 20�� .Know" tirrib rsr -?9 -4 VLLAE OF RYE BROOK BIUI DING DEPARTMENT FOR OFFICE USE ONLY: 1�Approval Date: Permit# ; Permit Fee: DateApproval Signature: : Renewal Fee: ate of renewal filing4VLS Disapproved a/c: Date: APRIQ 20li Renewal Fee: Date of renewal filing: Renewal Fee: Date of renewal filing: Renewal Fee: Date of renewal filing: (Application fees are non-refundable) HOME OCCUPATION PERMIT APPLICATION Application dated: is hereby made to the Building Inspector of the Village of Rye Brook,NY,for the issuance of a Permit to conduct a Home Occupation in accordance with Section 250-38 of the Code of the Village of Rye Brook,as described below. Please note that any construction proposed in conjunction with a Home Occupation Permit must be filed for separately on the appropriate building permit application 1. Address:_ I LP LI VI Go(y) A1+eyiy-e., Rje 1jV5Ci) , N1 10573 �^ .+t�.� ^ CS 2. Parcel ID#: LSl�� y � �� �4�� � "'!�S Zone: R - I 3. Property Owner: Mad a Address• L1 U II b S Phone#• k—r1Q '13!A 3-7n 2 Cell# t/1A(O. 2_3j- 3102- Fax# Applicant: 1 -ec_ Gl �A- Address: U vee U 0 1 1 aS 73 ff Phone# 240 2-39 . 3702 Cell# 69 3 Z . 3-702- Fax 4. PROPOSED HOME OCCUPATION:(Full disclosure detailing the exact nature of the proposed home occupation,hours of operation,number of visits per week,number of employees,etc... is required by law.)[use additional sheets if necessary] -MIS i s a 304A shv t o b)styieQs W+h �NnrySoop stv Ie cl a SSeS U f f eacA 6� We-em 3-5 ji MSS u yyeeV ► r-<e -An<<e< will -�4064( lly bF 2--3 hu t s lvi dt aa-hon , wee MnXi wlutv1 ratvtnunt verlzV isN/ 7Muss e 0 i2 o LLC .�() /% 1 to but W tI have 0-Mer -fetlrate rs aS5t s;+v)Q Nle at :b M-es 5. Occupancy(14amily,2-family,etc...)Prior to improvement: � F(A 0 l y After improvement: 6. Proposed Home Occupation(check one): Tier I: Tier H: Tier III: X PLEASE NOTE THAT CHAPTER 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK CONTAINS INFORMATION VITAL TO THE PROPER COMPLETION OF THIS APPLICATION. PLEASE CONSULT THIS SECTION OF CODE AT www.rvebrook.orQ WHEN COMPLETING THIS APPLICATION. LAST REVISED 4 19 10 Please note that this application must include the notarized signature(s) of the legal owner(s) of the above-mentioned property, in the space provided below. Any application not bearing the legal property owner's notarized signature(s) shall be deemed null and void, and will be returned to the applicant. ********************************************************************************************************** STATE OF NEW YORK,COUNTY OF WESTCBESTER ) as: `Mci-ea a, W being duly sworn, deposes and states that he/she is the applicant above named, (print name fat individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the owr.,e r for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attorney,etc.) That all statements contained herein are true to the best of his/her knowledge and belief,and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn to before me this k 0 Sworn to before me this day of C\\ ,20\j day of , 20 Notary Public0. \ Notary Public e W r� 4SiOameofjPfo-pirty Property weer Signature of Applicant P n Owner Print Name of Applicant SHARI MEULLO Notary Public,State of New York No.01 ME6160063 Cualified in Westchester County Commission Expires January 29,20. LAST REVISED:4.19.10 LU z 0 a U U O U U) LU z U) D m LU 2 O x a LU U) O 0- 0 O K 0- LU w Oh N � o AFFIDAVIT OF MAEGAN WALTON STATE OF NEW YORK COUNTY OF WESTCHESTER TOWN OF RYE BROOK The undersigned, MAEGAN WALTON, being duly sworn, hereby deposes and says: 1. I have sent mailings to the neighbors within a 250ft area of my property line, specified by the Village of Rye Brook, office of the Administrator, in order to notify them of the Public Hearing being held on June 9th at 7:30pm, to consider a Tier III Home Occupation Permit for a Yoga Studio at 16 Lincoln Avenue, Rye Brook, NY. Executed this 4th day of June, 2015 1 +n ' —44 �V Maegan Walton May 26,2015 R- 4 RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A TIER IIIIHOME OCCUPATION PERMIT FOR A YOGA STUDIO AT 16 LINCOLN AVENUE WHEREAS,Ms.Maegan Walton,owner of 16 Lincoln Avenue desires to receive a Tier III Home Occupation Permit for the use of residence as a Yoga Studio; and WHEREAS,Ms.Walton has submitted a Tier III Home Occupation Permit Application to the Building Department;and WHEREAS,Ms.Walton has outlined the hours of operations and number of employees for the proposed Home Occupation in accordance with the Village of Rye Brook Code. NOW,THEREFORE BE IT RESOLVED,that a Public Hearing is hereby set for June 9,2015 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. June 9, 2015 R-1 RESOLUTION CONSIDERING A LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING MAJOR CAPITAL IMPROVEMENTS FOR AFFORDABLE MIDDLE-INCOME UNITS AT BELLEFAIR VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to Chapter 6 of the Village Code to permit selling owners of affordable middle-income units at BelleFair to recapture the cost of major capital improvements, as defined by the local law, upon the sale of the unit; and WHEREAS, a proposed local law was introduced on May 26, 2015 to amend Chapter 6 of the Code of the Village of Rye Brook to implement the purpose set forth above; and WHEREAS, on May 26, 2015 the Board of Trustees of the Village of Rye Brook determined that the proposed action to be a Type II Action pursuant to the New York State Environmental Quality-Review Act (SEQRA) and therefore no further environmental review is required. WHEREAS, the Board of Trustees of the Village of Rye Brook held and closed a public hearing on June 9, 2015 to consider the proposed local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the proposed amendments to Chapter 6 of the Village Code regarding major capital improvements for affordable middle-income units at BelleFair. LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE A LOCAL LAW to amend Chapter 6 of the Code of the Village of Rye Brook regarding Affordable Middle Income Development Program at BelleFair. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 6, Section 10, Subsection C of the Code of the Village of Rye Brook is hereby, added as follows: §6-10 Initial and subsequent sales. C. Major capital improvements. The cost of Major Capital Improvements, as defined herein, for an affordable middle-income unit may be recaptured by the selling owner upon the sale of the unit. Upon the owner's submission of sufficient proof, as determined by the Village Administrator, the maximum resale price shall include the cost of labor and materials for Major Capital Improvements made by the selling owner during his/her period of ownership, as evidenced by, paid receipts depreciated on a straight fine basis over a fifteen (15) near period from the date of completion. The owner shall produce to the Village Administrator paid receipts for the costs of the Major Capital Improvements which shall not include the cost of labor for "do-it-yourself' projects or the cost of service/maintenance agreements. Costs of Major Capital Improvements performed without requisite permits or approvals shall not be included in the maximum resale price of the unit. Notwithstanding the foregoing, in no event shall Major Capital Improvements result in a maximum resale price which exceeds 530,000 above the factor of the then prevailing Westchester County median income for a household of four, established by the United States Department of Housing and Urban Development (or a successor agency) multiplied by 2.39. The owner may seek a determination from the Village Administrator of the maximum resale price for the purpose of refinancing. Costs of labor and materials for the following Major Capital Improvements shall be included in the maximum resale price, as set forth above, provided the improvements is of equal or greater quality to the existing condition, results in a total combined cost of$2,500 or greater, the Major Capital Improvement is not otherwise covered by the BelleFair Homeowners' Association through monthly payments by the unit owners, and is attached to the property in a such a way as to be an integral part of the premises such that its removal would do harm to the building or land: (1) Replacement or repair of siding; (2) Replacement or repair of roof, (3) Finishing of basement; (41 Replacement or repair of flooring; (5) Replacement or repair of windows; (6) Generator hook-up; (7) Upgrades to kitchen and/or bathroom; and (8) Other similar fixed improvements, as determined by the Village Administrator. In addition, upon the sale of the middle-income unit the selling owner shall receive a credit against the resale price up to a maximum of$5,000.00 for all or a portion of the funds paid by the selling owner toward anv fund or special assessment established by the BelleFair Homeowners' Association dedicated to the repair and replacement of roofs, upon submission to the Village Administrator of proof of such payments by the selling owner. In the event the Board of Trustees designates an official, board or entity other than the Village Administrator, to fulfill the powers and duties of the Village Administrator under this chapter, the selling owner shall be responsible for the payment of any and all fees assessed by such entity for the services provided. Section 2. Severability. If any clause, sentence, paragraph, section, article or part of this Local Law shall be adjudicated in any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, article or part thereof directly involved in the controversy in which such judgment shall have been rendered, and such invalidity shall not be deemed to affect the remaining portions thereof. Section 3. This local law shall take effect immediately upon filing with the Office of the Secretary of State. June 9,2015 R-2 RESOLUTION CONSIDERING A TIER II11 HOME OCCUPATION PERMIT FOR A YOGA STUDIO AT 16 LINCOLN AVENUE WHEREAS,Ms.Maegan Walton,owner of 16 Lincoln Avenue desires to receive a Tier ITT Home Occupation Permit for the use of residence as a Yoga Studio; and WHEREAS,Ms.Walton has submitted a Tier III Home Occupation Permit Application to the Building Department;and WHEREAS,Ms.Walton has outlined the hours of operations and number of employees for the proposed Home Occupation in accordance with the Village of Rye Brook Code. WHEREAS,a public hearing was held on June 9,2015 to consider the Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code and was subsequently closed on June 9,2015. 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 Ms. Maegan Walton for a Yoga Studo at 16 Lincoln Avenue,Rye Brook,NY in accordance with the Village Code;and be it �y - 101 BUILD . MRARTMENT D Lc, CPPLICATIO:'� D Vri. E OF OOK ' 938 KING ET RYE BR ,NY 10573 (914)939 f�68 FAX(91f939-5801 AM 10 20�� .Know" tirrib rsr -?9 -4 VLLAE OF RYE BROOK BIUI DING DEPARTMENT FOR OFFICE USE ONLY: 1�Approval Date: Permit# ; Permit Fee: DateApproval Signature: : Renewal Fee: ate of renewal filing4VLS Disapproved a/c: Date: APRIQ 20li Renewal Fee: Date of renewal filing: Renewal Fee: Date of renewal filing: Renewal Fee: Date of renewal filing: (Application fees are non-refundable) HOME OCCUPATION PERMIT APPLICATION Application dated: is hereby made to the Building Inspector of the Village of Rye Brook,NY,for the issuance of a Permit to conduct a Home Occupation in accordance with Section 250-38 of the Code of the Village of Rye Brook,as described below. Please note that any construction proposed in conjunction with a Home Occupation Permit must be filed for separately on the appropriate building permit application 1. Address:_ I LP LI VI Go(y) A1+eyiy-e., Rje 1jV5Ci) , N1 10573 �^ .+t�.� ^ CS 2. Parcel ID#: LSl�� y � �� �4�� � "'!�S Zone: R - I 3. Property Owner: Mad a Address• L1 U II b S Phone#• k—r1Q '13!A 3-7n 2 Cell# t/1A(O. 2_3j- 3102- Fax# Applicant: 1 -ec_ Gl �A- Address: U vee U 0 1 1 aS 73 ff Phone# 240 2-39 . 3702 Cell# 69 3 Z . 3-702- Fax 4. PROPOSED HOME OCCUPATION:(Full disclosure detailing the exact nature of the proposed home occupation,hours of operation,number of visits per week,number of employees,etc... is required by law.)[use additional sheets if necessary] -MIS i s a 304A shv t o b)styieQs W+h �NnrySoop stv Ie cl a SSeS U f f eacA 6� We-em 3-5 ji MSS u yyeeV ► r-<e -An<<e< will -�4064( lly bF 2--3 hu t s lvi dt aa-hon , wee MnXi wlutv1 ratvtnunt verlzV isN/ 7Muss e 0 i2 o LLC .�() /% 1 to but W tI have 0-Mer -fetlrate rs aS5t s;+v)Q Nle at :b M-es 5. Occupancy(14amily,2-family,etc...)Prior to improvement: � F(A 0 l y After improvement: 6. Proposed Home Occupation(check one): Tier I: Tier H: Tier III: X PLEASE NOTE THAT CHAPTER 250-38 OF THE CODE OF THE VILLAGE OF RYE BROOK CONTAINS INFORMATION VITAL TO THE PROPER COMPLETION OF THIS APPLICATION. PLEASE CONSULT THIS SECTION OF CODE AT www.rvebrook.orQ WHEN COMPLETING THIS APPLICATION. LAST REVISED 4 19 10 Please note that this application must include the notarized signature(s) of the legal owner(s) of the above-mentioned property, in the space provided below. Any application not bearing the legal property owner's notarized signature(s) shall be deemed null and void, and will be returned to the applicant. ********************************************************************************************************** STATE OF NEW YORK,COUNTY OF WESTCBESTER ) as: `Mci-ea a, W being duly sworn, deposes and states that he/she is the applicant above named, (print name fat individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the owr.,e r for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attorney,etc.) That all statements contained herein are true to the best of his/her knowledge and belief,and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn to before me this k 0 Sworn to before me this day of C\\ ,20\j day of , 20 Notary Public0. \ Notary Public e W r� 4SiOameofjPfo-pirty Property weer Signature of Applicant P n Owner Print Name of Applicant SHARI MEULLO Notary Public,State of New York No.01 ME6160063 Cualified in Westchester County Commission Expires January 29,20. LAST REVISED:4.19.10 PROFESSIONAL SEAL: •N n n ARCHITECT'. S OG LIA ARCHITECTURE KTT. s's zza sesz NE,11111 El I Door n PROJECT ADDRESS: CERVONIIWALTON RESIDENCE �- � RVE saooK.uv tosJ P I� DRAWN BY'. ' I �I II AREA of HOUSE TO BE INTERIOR SPACE TIF ISSUE I FATE_ r II I I II I II I —L-101 11.11 DRIVEWAY WITH PARKING FOR UP TO 8 CARS %fill I t� REVISION: SHEET TITLE'. SITE PLAN N �N prtNKc SITE PLAN WITH PROPOSED HOME BUSINESS OCCUPATION —LE.3--l-0 SHEET NO.: SP100 June 9,2015 R-3 RESOLUTION SETTING A PUBLIC HEARING REGARDING CONSIDERATION OF A LOCAL LAW TO ESTABLISH A COMMUNITY CHOICE AGGREGATION ENERGY PROGRAM IN THE VILLAGE OF RYE BROOK WHEREAS,the Village Board is interested in establishing a Community Choice Aggregation Energy Program in the Village of Rye Brook in an effort to save money for residents NOW,THEREFORE BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 23,2015 at 7:30pm at Village Hall,938 King Street,Rye Brook,New York,to consider the proposed local law. LOCAL LAW NO. —2015 A LOCAL LAW TO ESTABLISH A COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM IN THE Be it enacted by the of the County of Westchester as follows: Section 1. The Code of the is hereby amended by adding a new Chapter entitled "COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM," to read as follows: ARTICLE I §1. Legislative Findings; Intent and Purpose; Authority. A. It is the policy of both the and the State of New York to reduce costs and provide cost certainty for the purpose of economic development, to promote deeper penetration of energy efficiency and renewable energy resources such as wind and solar, and wider deployment of distributed energy resources as well as to examine the retail energy markets and increase participation of and benefits for residential and Small Commercial customers in those markets. Among the policies and models that may offer benefits in New York is community choice aggregation, which allows local governments to determine the default supplier of electricity and natural gas on behalf of its residential and Small Commercial customers. B. The purpose of this CCA Program is to allow participating local governments including the to procure energy supply service for their residential and Small Commercial customers, who will have the opportunity to opt out of the procurement, while maintaining transmission and distribution service from the existing Distribution Utility. This Chapter establishes a program that will allow the to put out for bid the total amount of natural gas and/or electricity being purchased by local residential and Small Commercial customers. Bundled Customers will have the opportunity to have more control to lower their overall energy costs, to spur clean energy innovation and investment, to improve customer choice and value, and to protect the environment; thereby, fulfilling the purposes of this Chapter and fulfilling an important public purpose. C. The is authorized to implement this COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM pursuant to Section 10(1)(11)(a)(12) of the New York Municipal Home Rule Law; and State of New York Public Service Commission Case No. 14-M-0564, Petition of Sustainable Westchester for Expedited Approval for the Implementation of a Pilot Community Choice Aggregation Program within the County of Westchester, Order Granting Petition in Part (issued February 26, 2015) as may be amended, including subsequent orders of the Public Service Commission issued in connection with or related to Case No. 14-M-0564 (collectively, the "Order"). Order shall also mean orders of the Public Service Commission related to State of New York Public Service Commission Case No. 14-M-0224, Proceeding on Motion of the Commission to Enable Community Choice Aggregation Programs (issued December 15, 2104) to the extent that orders related to Case No. 14-M-0224 enable actions by the C&F:2785410.2 not otherwise permitted pursuant to orders related to Case 14-M-0564; provided, however, that in the event of any conflict between orders from Case No. 14-M- 0564 and orders from Case No 14-M-0224, orders from Case No 14-M-0564 shall govern the CCA Program. D. This Chapter shall be known and may be cited as the "COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM Law of the ". §2. Definitions. For purposes of this Chapter, and unless otherwise expressly stated or unless the context otherwise requires, the terms in this Chapter shall have the meanings employed in the State of New York Public Service Commission's Uniform Business Practices or, if not so defined there, as indicated below: Bundled Customers — Residential and Small Commercial customers of electricity or natural gas ("fuels") who are purchasing the fuels from the Distribution Utility. Small Commercial-Non-residential customers as permitted by the Order. Community Choice Aggregation Program or CCA Program— A municipal energy procurement program, which replaces the incumbent utility as the default Supplier for all Bundled Customers within the Distribution Utility — Owner or controller of the means of distribution of the natural gas or electricity that is regulated by the Public Service Commission. Public Service Commission—New York State Public Service Commission. Suppliers — Energy service companies (ESCOs) that procure electric power and natural gas for Bundled Customers in connection with this Chapter or, alternatively, generators of electricity and natural gas or other entities who procure and resell electricity or natural gas. Sustainable Westchester — A not-for-profit organization comprised of member municipalities in Westchester County, New York. §3. Establishment of a COMMUNITY CHOICE AGGREGATION (ENERGY) Program. A. A COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM is hereby established by the , whereby the shall work together with Sustainable Westchester to implement the CCA Program to the full extent permitted by the Order, as set forth more fully herein. The 's role under the CCA Program involves the aggregating of the energy and/or gas supply of its residents and the entering into a contract with one or more Suppliers for supply and services. Under the CCA Program, the operation and ownership of the utility service shall remain with the Distribution Utility. B. The 's purchase of energy supply through a CCA Program constitutes neither the purchase of a public utility system, nor the furnishing of utility service. The will not take over any part of the electric or gas transmission or C&F:2785410.2 2 distribution system and will not furnish any type of utility service, but will instead negotiate with Suppliers on behalf of participating residential and Small Commercial customers. C. The Public Service Commission supervises retail markets and participants in these markets through legislative and regulatory authority and the Uniform Business Practices, which includes rules relating to the eligibility of participating ESCOs, the operation by which ESCOs provide energy services, and the terms on which customers may be enrolled with ESCOs. §4. Procedures for Eligibility; Customer Data Sharing. A. As permitted by the Order, the may request from the Distribution Utilities aggregated customer information by fuel type and service classification on a rolling basis. B. Sustainable Westchester, on behalf of the , shall issue one or more requests for proposals to Suppliers to provide energy to participants and may then award a contract in accordance with the CCA Program. C. Sustainable Westchester or the if the so chooses, will then request individual customer data from the Distribution Utility in accordance with the CCA Program. D. Sustainable Westchester or the if the so chooses, and the selected Supplier will then notify Bundled Customers of the contract terms and their opportunity to opt out of the CCA Program. E. In accordance with and for purposes of the Order, the existing Distribution Utility, [Consolidated Edison Company of New York, Inc. and/or New York State Electric & Gas Corporation] will provide to Sustainable Westchester aggregate and customer-specific data (including usage data, capacity tag obligations, account numbers, and service addresses) of all Bundled Customers in the not currently enrolled with an ESCO. F. Sustainable Westchester and the , will protect customer information as required by law, subject to the Order and the limitations of the New York State Freedom of Information Law. §5. Choice of Energy Supplier; Opt-Out Notice and Procedure. A. The or in conjunction with the ESCO will notify its residential and Small Commercial customers, by letter notice, of the 's decision to establish the CCA Program, of the contract terms with an ESCO, and of the opportunity to opt out of the CCA Program. B. The letter notice will be sent to each customer at the address provided by the Distribution Utility and explain the CCA Program and the material provisions of the ESCO contract, identify the methods by which the customer can opt out of the CCA Program, and provide information on how the customer can access additional information about the CCA Program. C. The opt-out period shall be twenty(20) days. C&F:2785410.2 3 D. CCA Program Bundled Customers, upon enrollment, will receive a welcome letter that will explain the customers' options for canceling the enrollment if they believe they were enrolled incorrectly or otherwise decide to withdraw from the CCA Program in favor of another Supplier. The welcome letter also will explain that residential customers are entitled to the added protection of the mandated Three (3) Day rescission period as detailed in Section 5(B)(3) of the Uniform Business Practices. §6. Verification and Reporting. A. Sustainable Westchester shall be responsible for filing an annual report with the Public Service Commission, which identifies the number of customers enrolled in the CCA Program by municipality and customer class, the number of customers who returned to utility service or service with another Supplier during the reporting period, and the average cost of commodity supply by month for the reporting period. Section 2. This local law shall take effect upon filing with the Secretary of State. C&F:2785410.2 4 June 9, 2015 R- 4 RESOLUTION CONSIDERING AWARDING THE BID FOR CONTRACT #15-12 "BUSES FOR VARIOUS SUMMER CAMP TRIPS (COACH/SCHOOL BUSES)" WHEREAS, the Village of Rye Brook has solicited bids for Contract #15-12, "Buses for Various Summer Camp Trips (Coach/School Buses); and, WHEREAS, the bid for Contract #15-12-was advertised in the lrIestmove Nezvr as the Official Newspaper of the Village of Rye Brook on May 1, 2015, and was also made available on the Empire State Purchasing Group bid system; and WHEREAS, at 11:00 am on Friday, May 22, 2015 the Village Administrator opened one (1) sealed bid as summarized below: Bus Company Coach Bus Est. School Bus Est. J&R Tours $7.600.00 No Bid AND WHREAS, although the Village of Rye Brook Procurement Policy requires that purchase contracts over $10,000 and public works contracts over $20,000 are subject to competitive bidding, since the village did not receive any bid response for school buses which are urgently needed for the upcoming Rye Brook summer camps, the village solicited multiple written quotes from bus companies for school buses; and WHEREAS, four (4) responses were received from bus companies for school buses and are summarized below: Bus Company School Bus Est. Towne Bus Co. $21,535.00 Royal Coach $22,750.00 Super Trans $32,860.00 Global $38,815.00 NOW,THEREFORE BE IT RESOLVED that following review of the bids of Contract #15-12 by the Village Administrator, the Superintendent of Public \X'orks, and the Parks and Recreation Superintendent, the Village Board of Trustees hereby determines that the lowest responsible bidder for coach buses is J&R Tours in the total estimated amount of$7,600, and BE IT FURTHER RESOLVED, that since the village did not receive anv responses to Contract #15-12 to provide school bus service which are urgently needed for the upcoming recreation camp season, the Village of Rye Brook Board of Trustees hereby waives the requirement in the village's Procurement Policy, for a formal bid and authorizes the selection of Town Bus Co. as the vendor who provided the lowest written quote to provide school bus service for the Village of Rye Brook. June 9,2015 R-6 RESOLUTION CONSIDERING REJECTING THE BIDS FOR CONTRACT#15-10 PINE RIDGE COURT BASKETBALL COURT RESURFACING PROJECT WHEREAS,The Village of Rve Brook has solicited bids for Contract#15-10; Pine Ridge Basketball Court Resurfacing Project;and, WHEREAS,at 11:00am on Thursday,May 28,2015,rwo (2)bids were received and opened as summarized below: Bidder Base Bid Sport Tech Construction $ 71,980 Thomas Hinding $ 74,500 WHEREAS,upon review of the bids,the Village Administrator and Village Engineer have determined that the lowest bid amount of$71,980 exceeds the funding available for the project. NOW,THEREFORE BE IT RESOLVED,that all bids for contract#15-10 Pine Ridge Basketball Court Resurfacing Project are hereby rejected. June 9, 2015 R- 7 CONSIDERING AN EXTENSION OF THE STREET TREE REMOVAL CONTRACT WHEREAS, on October 14, 2014 the Village Board of Trustees awarded a Street Tree Removal bid to Central Tree Services, Inc.; and WHEREAS, in the street tree removal bid it stated `the contract may be extended at the same unit prices and conditions upon mutual agreement and approval of the Board of Trustees for an additional fiscal year, term beginning June 1, 2015 ending May 31, 2016'; and WHEREAS, in a letter dated June 2, 2015 from Dan Greto, President of Central Tree Services he states his desire to extend the contract for the ensuing fiscal year at the same unit prices and conditions in the original contract; and WHEREAS, the Superintendent of Public Works believes it is in the best interest of the Village to enter into this extension. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves the extension to the Street Tree Removal bid for the ensuing fiscal year, June 1, 2015 to May 31, 2016, at the same unit prices and conditions of the original contract to Central Tree Services, Inc. b NY o103op Ma 139 ENTRALTREESERV�CE,�N� le Avenue C we 5602-1-193 Rye, NY 10580-1540 CT B1894 TEL 914 967 5892 CT 570921 FAx 914 967 0991 Complete Tree & Shrub Care Memo TO: Michal Nowak, Director of Public Works Village of Rye Brook, NY From:Daniel J. Greto, President NYS Cert. Applicator C3672865, ISA Certified Arborist NY-0290A & Licensed CT Arborist S-4608 Date: June 2, 2015 Re: Contract#14-10 Street Tree Services Contract#14-10 states that the contract may be extended at the same unit price and conditions upon mutual agreement for an additional fiscal year. Central Tree Service, Inc. would like to re-new this contract with the Village of Rye Brook. It has been our pleasure servicing the Village of Rye Brook. If you have any further questions or comments please do not hesitate to contact me. Regards, r31 _ Daniel J. Greto, President Central Tree Service, Inc. Professional Services Tree&Shrub Pruning • Tree Cabling&Bracing • Land Clearing• Seasoned Firewood Premium Grade Landscape Mulch • Consultations Insect&Disease Management • Organic Fertilization • Winter Protection • 24 Hour Emergency Service • Certified&Licensed Arborists June 9, 2015 R-8 RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: APRIL 14 AND APRIL 28, 2015 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 April 14, 2015 and April 28, 2015 June 9, 2015 R-9 RESOLUTION CONSIDERING A REQUEST FOR THE USE OF HARKNESS PARK BY THE BLIND BROOK-RYE FEDERATION OF TEACHERS FOR AN EVENT WHEREAS, in an email dated June 8, 2015, Robin Willig, of the Blind Brook — Rye Federation of Teachers requested the use of Harkness Park on Tuesday, September 1, 2015 from 4:OOpm to 6:OOpm to host the "Blind Brook-Rye Federation of Teachers Meet and Greet." NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the use of Harkness Park on Tuesday, September 1, 2015 from 4:OOpm to 6:OOpm for the "Blind Brook- Rye Federation of Teachers Meet and Greet."