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HomeMy WebLinkAbout2016-09-13 - Board of Trustees Meeting Documents Village of Rye Brook � Agenda w U Board of Trustees Meeting � c� Tuesday, September 13, 2016 at 7:30 PM Village Hall, 938 King Street 1. 7:00 P.M. - EXECUTIVE SESSION: 1.1. Non-Union Compensation 2. 7:30 P.M. - REGULAR MEETING: 3. PLEDGE OF ALLEGIANCE: 4. REPORT/PRESENTATIONS: 5. PUBLIC HEARINGS: 6. RESOLUTIONS: 6.1. Setting a public hearing on a proposed local law modifying Section 240-20.1 of the Village Code increasing the number of winter overnight parking permits available in the Garibaldi Parking Lot. *Resolution: PH Local Law Garibaldi Parking *Proposed Local Law: Garibaldi Parking Lot - Extending Overnight Parking 6.2. Considering four(4) appointments to the Traffic Commission. *Resolution: Traffic Commission Appointments 6.3. Considering accepting a donation of Carbon Monoxide detectors for distribution by the Rye Brook Fire Department. *Resolution - CO Detector Donation *Donation Letter 6.4. Considering approval of an extension of the inter-municipal agreement with the NYS Department of Transportation for the 2016-17 snow and ice season. *Resolution: DOT Snow& Ice Agreement *Snow& Ice Agreement 6.5. Considering moving the Village Board meeting from October 11, 2016 to October 13, 2016 at 7:00 P.M. *Resolution: Rescheduling Village Board Meeting October 11, 2016 6.6. Considering the approval of the minutes for the meetings held on July 26, 2016 and August 23, 2016. *Resolution: Minutes *Minutes 07.26.16 *Minutes 08.23.16 7. ADMINISTRATOR'S REPORT: 8. OLD BUSINESS: 9. NEW BUSINESS: 10. DISCUSSION ITEM: Page 1 of 83 10.1. Considering Decks as a Pervious Surface *Considering Decks as Pervious - Staff Report 11. UNFINISHED BUSINESS 12. ADJOURNMENT THE NEXT VILLAGE BOARD MEETINGS ARE September 27, 2016 and October 13, 2016 Page 2 of 83 September 13,2016 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW MODIFYING SECTION 240.20.1 OF THE VILLAGE CODE INCREASING THE NUMBER OF WINTER OVERNIGHT PARKING PERMITS AVAILABLE IN THE GARIBALDI PARKING LOT BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby sets a public hearing on a proposed local law modifying Section 240-20.1 of the Village Code increasing the number of winter overnight parking permits available in the Garibaldi Parking Lot for a meeting of the Board of Trustees to be held on September 27,2016. Page 3 of 83 LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE A LOCAL LAW to amend Chapter 240 of the Code of the Village of Rye Brook regarding overnight parking licenses in the Garibaldi Parking Lot. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 240, Section 20.1, of the Code of the Village of Rye Brook is hereby modified as follows: §240-20.1-Overnight parking licenses. A.T-e*Up to eighteen parking licenses that authorize overnight parking in the parking lot serving Garibaldi Park(hereinafter "Garibaldi Parking Lot") shall be available to the residents of the Village of Rye Brook.Proof of residency is required.No more than two licenses shall be issued to residents who reside at the same address. The fee for the parking licenses shall be established by the Board of Trustees by resolution.These licenses shall not be available to park commercial vehicles or taxis. B. The provisions of this subsection shall apply only to the first 4-0 18 parking licenses issued. One parking license must be reserved for an individual with a handicapped permit or disability license plate to park in the designated handicapped parking space in the Garibaldi Parking Lot. The Village Clerk will set a deadline for the filing of an application for a parking license. If the Village Clerk receives more than 4-0 18 applications for a parking license by the application deadline,he will conduct a lottery to determine who will receive the parking licenses and the order of the applicants on the waiting list for the parking licenses.The date and location of the lottery shall be noticed as determined by the Village Administrator,and the lottery shall be conducted in public.After the lottery,the parking licenses will be issued upon the receipt of the applicable fee from the selected applicants. If the Village Clerk receives 4-0 18 or less than 4-0 18 applications for a parking license by the application deadline,he will issue the parking licenses on a first-come,first-served basis until 4-0 18 licenses have been issued.After the 4-0 18th license is issued,the Village Clerk will start a waiting list for the parking licenses that will be added to on a first-come,first-served basis. C.The parking licenses may be renewed each year by filing a new application and paying the applicable fee by October 1. It is the responsibility of the holder of a license to renew it.No Page 4 of 83 renewal will be processed after October 1.Any parking license that is not renewed by October 1 shall be issued to the person at the top of the waiting list upon his or her payment of the applicable fee. D. After the first 470 18 parking licenses have been issued,the residents of the Village of Rye Brook may be added to the waiting list on a first-come,first-served basis by filing a parking license application with the Village Clerk. E. From November 15 to March 15 each year,the holder of a parking license issued by the Village Clerk under this section may park his/her vehicle in one of the 470 18 parking spaces on two parking lanes on the westernmost side of the Garibaldi Parking Lot only between the hours of 10:30 p.m.to 7:30 a.m. Only an individual with a current handicapped permit or a disability license plate maypark in the handicapped parking space in the Garibaldi Parking Lot. The vehicles licensed to use these parking spaces shall be parked with their headlights directed to the western su+b-side of the parking lot. F. The parking licenses shall be revocable at the discretion of the Village Administrator. The holder of a parking license may not assign,license or otherwise transfer it to another party nor otherwise permit anyone other than a member of his or her immediate family to use the authorized parking space. By accepting a parking license,the holder thereof agrees to: Indemnify and hold harmless the Village of Rye Brook for any injury or property damage he or she sustains as a result of the use of the Garibaldi Parking Lot pursuant to the license;and Indemnify the Village for any damages it sustains as a result of the holder's use of the Garibaldi Parking Lot pursuant to the parking license. G. The parking licenses shall be subject to the conditions set forth in this section of the Village Code as well as the conditions set forth in the permit application form adopted by the Village Clerk. H. All determinations concerning the issuance and/or revocation of a parking license shall be made by the Village Administrator in his sole discretion, and his determination shall be final. 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. Page 5 of 83 September 13,2016 RESOLUTION CONSIDERING FOUR(4)APPOINTMENTS TO THE TRAFFIC COMMISSION THEREFORE BE IT RESOLVED,that Steven Klein of 81 Bowman Ave Lawridge Drive be appointed to the Traffic Commission to fill a vacancy for a term that shall expire on the first Monday of April 2019;and BE IT FURTHER RESOLVED, that David Nadasi of 20 Woodland Drive be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2018;and BE IT FURTHER RESOLVED, that Jeffrey Nadler of 95 Brush Hollow Close be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2018;and BE IT FURTHER RESOLVED,that Judy Simon of 9 Lawridge Drive be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2017. Page 6 of 83 September 13,2016 RESOLUTION CONSIDERING ACCEPTING A DONATION OF CARBON MONOXIDE DETECTORS FOR DISTRIBUTION BY THE RYE BROOK FIRE DEPARMENT. WHEREAS,Michelle DiMiceli contacted the Village of Rye Brook to make a donation of 240 Carbon Monoxide detectors on behalf of the families and friends of Carl Persson and Joseph Pendrak, two Rye Brook residents who passed away from Carbon Monoxide poisoning in 2015;and WHEREAS, Michelle DiMiceli has requested that these detectors be made available for distribution to residents of Rye Brook and Port Chester through the Rye Brook Firehouse;and WHEREAS, Michelle DiMiceli has stated that this donation has an estimated value of$4,000.00 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby accepts the donation of 240 carbon monoxide detectors from Michelle DiMicelli, on behalf of the families and friends of Carl Persson and Joseph Pendrak, for distribution to Rye Brook and Port Chester residents through the Rye Brook Firehouse. Page 7 of 83 From: Michelle DiMiceli [mailto:mgdimo(algmail.coml Sent: Wednesday, September 07,2016 10:13 AM To: Christopher Bradbury Subject: CO detector donation Dear Mr. Bradbury, Please accept this donation of 240 carbon monoxide detectors with an approximate value of $4000 on behalf of the families and friends of Carl Persson and Joseph Pendrak. On November 23,2015,3 days before Thanksgiving,our family lost two beloved members due to Carbon Monoxide poisoning.This tragedy could have been prevented if there were CO detectors in the home. In an effort to prevent this from happening to anyone else,we are donating these detectors to those who need them. They will be available at the Rye Brook Fire Department for residents of Rye Brook and Port Chester. Sincerely, Michelle DiMiceli CO Detectors/Save A Life 914-980-2957 40 Old Branchville Rd. Ridgefield,CT 06877 Page 8 of 83 September 13,2016 RESOLUTION CONSIDERING A SNOW AND ICE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE 2016/2017 SNOW SEASON RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement(#D010779) with the State of New York,Department of Transportation until June 30,2017 under which the Village of Rye Brook will receive an estimated payment of $17,674 ($1,578 per lane mile)for the 2016/17 snow season for snow and ice control on King Street and Westchester Avenue;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. Page 9 of 83 NEW YORK Department of ANDREW M.CUOMO srnre or Governor OPPORTUNITY- Transportation MATTHEW J.DRISCOLL Commissioner TODD WESTHUIS,P.E. Reglonal Director August 29,2016 Mr. Michal J.Nowak Supervisor of Public Works Dept.of Public Works Village of Rye Brook 938 King Street Rye Brook,NY 10573 Re: Snow and Ice Agreement Extension 2016/17 Snow&Ice Season Dear Mr.Nowak: Enclosed are the following forms,which need to be filled out and signed by the appropriate representatives.Please return all original copies to my Office at the above address for processing: 1. Agreement to Extend Indexed Lump Sum Municipal Snow and Ice Agreement for the 2016/17 Snow Season(Please fill out both sides and sign as required)— 4 copies 2. Maps with color-coded mileage responsibility(Please sign all Map tags)—6 copies 3. Appendix A--1 copy In addition to the above,six original copies of completed resolutions for the Snow Season (certified and signed)with a raised seal from the Municipality's governing body authorizing a Municipal Official to enter into the above extended agreement must be returned to this Office. If you have any questions,please feel free to contact me at(914)-592-6557. Truly yours, Dy�Rajasingh ,P.E. Resident Program Engineer Page 10 of 83 Contract# Municipality Ext season Region# D010779 Village of Rye Brook/S.Westchester County 2016/17 a t AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT This Agreement made this day of by and between THE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS, the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended,expires June 30,2016;and WHEREAS,Section 7 of the said Agreement provides thatthe COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof,modified to show the changes,if any,to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS,Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles for a total of $ 17,673.60 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF,This Agreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER,and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. Over V Page 11 of 83 Agency Certification Contract No. D010779 "In addition to the acceptance of this contract,I also certify that original copies of this signature page will be attached to all other ` exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) SS: COUNTY OF S.Westchester County ) On the day of in the year before me personally came to me known who,being by me duly sworn,did depose and say that he resides in I New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on ;a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 12 of 83 MAP SHOWING VILLAGE OF RYE BROOK RESPONSBILITY FOR SNOW&ICE CONTROL ON STATE HIGHWAYS FOR THE SEASONS OF 2014/15-2016/17 CENTER LANE MILES CONTRACT LANE MILES 11.20 LA SNOW"ANDICECO SIGNED REGIONAL DIRECTOR OF OPERATIONS DATE SIGNED FOR MUNICIPALITY DATE Rye � � YYLdlir/ftu7ltt! V�JUfY!l p Quar Lake 22 Heights 120 120A L T�;> Rye CO 7 U COLL0 8F . HASE Brook � 3Q N � 29 Port $ 2 28 � ' e Chester 9 Gi 26 10 120A 120 125 127 T 5 95 d 1 3 4 127 �21,� 22- Page 13 of 83 Contract# Municipality Ext.season Region# D010779 I Village of Rye Brook/S Westchester County 2016117 8 AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT This Agreement made this day of by and between THE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended,expires June 30,2016;and WHEREAS,Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof,modified to show the changes,if any,to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS,Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles for a total of $ 17,673.60 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF,This Agreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER,and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. Over V Page 14 of 83 Agency Certification Contract No. D010779 "In addition to the acceptance of this contract,I also certify that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) )SS COUNTY OF S. Westchester County ) On the day of in the year before me personally came to me known who,being by me duly sworn,did depose and say that he resides in , New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on ;a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 15 of 83 MAP SHOWING VILLAGE OF RYE BROOK RESPONSIBILITY FOR SNOW&ICE CONTROL ON STATE HIGHWAYS FOR THE SEASONS OF 2014/15-2016/17 CENTER LANE WLES CONTRACT LANE MILES 11.20 SNOW AND[CE CONTROL SIGNED REGIONAL DIRECTOR OF OPERATIONS DATE SIGNED FOR MUNICIPALITY DATE �! Rye ®l V-4VVLJ 1 Ld Itc7!t1! UUU(V I f p Quar *% 22 Heights 120 120A .�� L Rye 7 U COME MASE Brook 30 29 Port 8 2 26 �' Chester 9 a I 26 10 120A 120 126 127 _ — 5 � 95 I 1 1 Q� 3 4 127 A 2 M Page 16 of 83 Contract# Municipality Ent season Region# D010779 I Village of Rye Brook/S Westchester County 2016/17 8 r AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT This Agreement made this day of by and between THE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS, the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997-And WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended,expires June 30,2016;and WHEREAS,Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof,modified to show the changes,if any,to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS,Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season; NOW, THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles for a total of $ 17.673.60 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF,This Agreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER,and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. Over N Page 17 of 83 Agency Certification Contract No. D010779 "In addition to the acceptance of this contract,I also certify that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) SS: COUNTY OF S.Westchester County ) On the day of in the year before me personally came to me known who,being by me duly sworn,did depose and say that he resides in , New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 18 of 83 MAP SHOWING VILLAGE OF RYE BROOK RESPONSIBILITY FOR SNOW&ICE CONTROL ON STATE HIGHWAYS FOR THE SEASONS OF 2014/15-2016/17 CENTER LANE MUM CONTRACT LANE MILES 11.20 SNOW AND ICE CONTROL SIGNED REGIONAL DIRECTOR OF OPERATIONS DATE SIGNED FOR MUNICIPALITY DATE Imo.- �� � YYLJI(i1ltJltl/ 4ilUtY!! Quar lzkr 22 Heights 120 12oA L Rye 7 B8� U COME Brook 30 1 29 Port s 2 28 �' e Chester 9 , al 10 120A 1 26 120 125 127 5 95 d 1 Q� 3 4 127 222ti Page 19 of 83 Contract# Municipality Ext season Region# D010779 I Village of Rye Brook I S Westchester County 2016117 8 AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT This Agreement made this day of by and between THE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended,expires June 30,2016;and WHEREAS,Section 7 of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof,modified to show the changes,if any,to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS,Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties. WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles for a total of $ 17,673.60 for the 2014115 season and for the remainder of the term of the Agreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF,This Agreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER,and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. Over V Page 20 of 83 Agency Certification Contract No. D010779 "In addition to the acceptance of this contract,I also certify that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) )SS COUNTY OF S.Westchester County ) On the day of in the year before me personally came to me known who,being by me duly sworn,did depose and say that he resides in New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on ;a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 21 of 83 MAP SHOWING VILLAGE OF RYE BROOK RESPONSIBILITY FOR SNOW&ICE CONTROL ON STATE HIGHWAYS FOR THE SEASONS OF 2014115-2016117 CENTER LANE MILES CONTRACT LANE MILES 11.20 SNOW AND ICE CONTROL SIGNED REGIONAL DIRECTOR OF OPERATIONS DATE SIGNED FOR MUNICIPALITY DATE Rye �� d artvrt�rrtvicrr wurrr r p Q ua r 1 221 Heights 120 120A erg L 1i�;> Rye 7 684 U COLLEGE H RASE Brook ..� 30 29 Port e s � 2s � Chester - . , 9 a i 26 10 120A f "j 120 125 127 _ 5 95 C1 1 4 (127) 21, 22„ _ Page 22 of 83 APPENDIX A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PLEASE RETAIN THIS DOCUMENT FOR FUTURE REFERENCE. January 2014 Page 23 of 83 STANDA00 CLAUSES F00 NYS CONTRACTS ARBLDDIA STANDARD CLAUSES FOR NYS CONTRACTS contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life The parties to the attached contract,license,lease,amendment of this contract for the benefit of such employees as are or other agreement of any kind(hereinafter, "the contract"or required to be covered by the provisions of the Workers' "this contract") agree to be bound by the following clauses Compensation Law. which are hereby made a part of the contract (the word "Contractor" herein refers to any party other than the State, 5. NON-DISCRIMINATION REQUIREMENTS. To the whether a contractor, licenser, licensee, lessor, lessee or any extent required by Article 15 of the Executive Law (also other party): known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination 1. EXECUTORY CLAUSE. In accordance with Section 41 provisions, the Contractor will not discriminate against any of the State Finance Law, the State shall have no liability employee or applicant for employment because of race,creed, under this contract to the Contractor or to anyone else beyond color, sex (including gender identity or expression),national funds appropriated and available for this contract, origin, sexual orientation, military status, age, disability, predisposing genetic characteristics,marital status or domestic 2. NON-ASSIGNMENT CLAUSE. In accordance with violence victim status. Furthermore, in accordance with Section 138 of the State Finance Law,this contract may not be Section 220-e of the Labor Law, if this is a contract for the assigned by the Contractor or its right,title or interest therein construction, alteration or repair of any public building or assigned, transferred, conveyed, sublet or otherwise disposed public work or for the manufacture, sale or distribution of of without the State's previous written consent, and attempts materials, equipment or supplies, and to the extent that this to do so are null and void. Notwithstanding the foregoing, contract shall be performed within the State of New York, such prior written consent of an assignment of a contract let Contractor agrees that neither it nor its subcontractors shall,by pursuant to Article XI of the State Finance Law may be reason of race,creed,color,disability,sex,or national origin: waived at the discretion of the contracting agency and with the (a)discriminate in hiring against any New York State citizen concurrence of the State Comptroller where the original who is qualified and available to perform the work; or (b) contract was subject to the State Comptroller's approval, discriminate against or intimidate any employee hired for the where the assignment is due to a reorganization, merger or performance of work under this contract. If this is a building consolidation of the Contractor's business entity or enterprise. service contract as defined in Section 230 of the Labor Law, The State retains its right to approve an assignment and to then, in accordance with Section 239 thereof, Contractor require that any Contractor demonstrate its responsibility to do agrees that neither it nor its subcontractors shall by reason of business with the State. The Contractor may,however,assign race, creed, color,national origin, age, sex or disability: (a) its right to receive payments without the State's prior written discriminate in hiring against any New York State citizen who consent unless this contract concerns Certificates of is qualified and available to perform the work; or (b) Participation pursuant to Article 5-A of the State Finance Law. discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject 3. COMPTROLLER'S APPROVAL. In accordance with to fines of$50.00 per person per day for any violation of Section 112 of the State Finance Law(or, if this contract is Section 220-e or Section 239 as well as possible termination with the State University or City University of New York, of this contract and forfeiture of all moneys due hereunder for Section 355 or Section 6218 of the Education Law), if this a second or subsequent violation. contract exceeds $50,000(or the minimum thresholds agreed to by the Office of the State Comptroller for certain S.U.N.Y. 6.WAGE AND HOURS PROVISIONS. If this is a public and C.U.N.Y. contracts), or if this is an amendment for any work contract covered by Article 8 of the Labor Law or a amount to a contract which, as so amended, exceeds said building service contract covered by Article 9 thereof,neither statutory amount, or if, by this contract, the State agrees to Contractor's employees nor the employees of its give something other than money when the value or subcontractors may be required or permitted to work more reasonably estimated value of such consideration exceeds than the number of hours or days stated in said statutes,except $10,000, it shall not be valid, effective or binding upon the as otherwise provided in the Labor Law and as set forth in State until it has been approved by the State Comptroller and prevailing wage and supplement schedules issued by the State filed in his office. Comptroller's approval of contracts let by Labor Department. Furthermore, Contractor and its the Office of General Services is required when such contracts subcontractors must pay at least the prevailing wage rate and exceed $85,000 (State Finance Law Section 163.6-a). pay or provide the prevailing supplements, including the However, such pre-approval shall not be required for any premium rates for overtime pay, as determined by the State contract established as a centralized contract through the Labor Department in accordance with the Labor Law. Office of General Services or for a purchase order or other Additionally,effective April 28,2008,if this is a public work transaction issued under such centralized contract. contract covered by Article 8 of the Labor Law,the Contractor understands and agrees that the filing of payrolls in a manner 4. WORKERS' COMPENSATION BENEFITS. In consistent with Subdivision 3-a of Section 220 of the Labor accordance with Section 142 of the State Finance Law, this Law shall be a condition precedent to payment by the State of Page 3 January 2014 Page 24 of 83 STANDARD CLAUSES FOR NYS CONTRACTS RPMDLA whereby a contracting agency is committed to expend or does opportunity which effectuates the purpose of this section. The expend funds in return for labor, services, supplies, contracting agency shall determine whether the imposition of equipment,materials or any combination of the foregoing, to the requirements of the provisions hereof duplicate or conflict be performed for, or rendered or furnished to the contracting with any such federal law and if such duplication or conflict agency; or(ii)a written agreement in excess of$100,000.00 exists,the contracting agency shall waive the applicability of whereby a contracting agency is committed to expend or does Section 312 to the extent of such duplication or conflict. expend funds for the acquisition, construction, demolition, Contractor will comply with all duly promulgated and lawful replacement, major repair or renovation of real property and rules and regulations of the Department of Economic improvements thereon; or(iii) a written agreement in excess Development's Division of Minority and Women's Business of$100,000.00 whereby the owner of a State assisted housing Development pertaining hereto. project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major 13. CONFLICTING TERMS. In the event of a conflict repair or renovation of real property and improvements between the terms of the contract (including any and all thereon for such project,then the following shall apply and by attachments thereto and amendments thereof)and the terms of signing this agreement the Contractor certifies and affirms that this Appendix A,the terms of this Appendix A shall control. it is Contractor's equal employment opportunity policy that: 14.GOVERNING LAW. This contract shall be governed by (a) The Contractor will not discriminate against employees or the laws of the State of New York except where the Federal applicants for employment because of race, creed, color, supremacy clause requires otherwise. national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to 15. LATE PAYMENT. Timeliness of payment and any employ and utilize minority group members and women in its interest to be paid to Contractor for late payment shall be work force on State contracts and will undertake or continue governed by Article it-A of the State Finance Law to the existing programs of affirmative action to ensure that minority extent required by law. group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall 16. NO ARBITRATION. Disputes involving this contract, mean recruitment, employment, job assignment, promotion, including the breach or alleged breach thereof, may not be upgradings,demotion,transfer,layoff,or termination and rates submitted to binding arbitration (except where statutorily of pay or other forms of compensation; authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. (b) at the request of the contracting agency, the Contractor shall request each employment agency, labor union, or 17.SERVICE OF PROCESS. In addition to the methods of authorized representative of workers with which it has a service allowed by the State Civil Practice Law & Rules collective bargaining or other agreement or understanding,to ("CPLR"), Contractor hereby consents to service of process furnish a written statement that such employment agency, upon it by registered or certified mail,return receipt requested. labor union or representative will not discriminate on the basis Service hereunder shall be complete upon Contractor's actual of race, creed, color, national origin, sex, age, disability or receipt of process or upon the State's receipt of the return marital status and that such union or representative will thereof by the United States Postal Service as refused or affirmatively cooperate in the implementation of the undeliverable. Contractor must promptly notify the State,in Contractor's obligations herein;and writing,of each and every change of address to which service of process can be made. Service by the State to the last known (c) the Contractor shall state, in all solicitations or address shall be sufficient. Contractor will have thirty (30) advertisements for employees,that,in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or 18. PROHIBITION ON PURCHASE OF TROPICAL marital status. HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be Contractor will include the provisions of "a", "b", and "c" in accordance with,but not limited to, the specifications and above, in every subcontract over $25,000.00 for the provisions of Section 165 of the State Finance Law, (Use of construction, demolition, replacement, major repair, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agency or political subdivision or public for the beneficial use of the Contractor. Section 312 does not benefit corporation.Qualification for an exemption under this apply to: (i)work,goods or services unrelated to this contract; law will be the responsibility of the contractor to establish to or(ii)employment outside New York State. The State shall meet with the approval of the State. consider compliance by a contractor or subcontractor with the requirements of any federal law concerning equal employment Page 5 January 2014 Page 25 of 83 STANDARD CIAUSES FOR NTS CONTRACTS MIEAROIA the contract, the Department of Civil Service and the State limited to, imposing sanctions, seeking compliance, Comptroller. recovering damages,or declaring the Contractor in default. 24. PROCUREMENT LOBBYING. To the extent this The state agency reserves the right to reject any bid, request agreement is a"procurement contract"as defined by for assignment,renewal or extension for an entity that appears State Finance Law Sections 139-j and 139-k,by signing this on the Prohibited Entities List prior to the award,assignment, agreement the contractor certifies .and affirms that all renewal or extension of a contract, and to pursue a disclosures made in accordance with State Finance Law responsibility review with respect to any entity that is awarded Sections 139-j and 139-k are complete,true and accurate. In a contract and appears on the Prohibited Entities list after the event such certification is found to be intentionally false or contract award. intentionally incomplete, the State may terminate the agreement by providing written notification to the Contractor in accordance with the terms of the agreement. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the certification required by Tax Law Section 5-a or if during the term of the contract,the Department of Taxation and Finance or the covered agency, as defined by Tax Law 5-a,discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this contract and this contract may be terminated,by providing written notification to the Contractor in accordance with the terms of the agreement, if the covered agency determines that such action is in the best interest of the State. 26.IRAN DIVESTMENT ACT. By entering into this Agreement,Contractor certifies in accordance with State Finance Law§165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New York State Iran Divestment Act of 2012'("Prohibited Entities List")posted at: http://Www.ogs.ny.gov/about/regs,'docs/ListofEntities.pdf Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited Entities List. Contractor agrees that should it seek to renew or extend this Contract,it must provide the same certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will be approved by the State. During the term of the Contract, should the state agency receive information that a person(as defined in State Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment activity which is in violation of the Act within 90 days after the determination of such violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or contract, including, but not Page 7 January 2014 Page 26 of 83 September 13,2016 RESOLUTION CONSIDERING MOVING THE VILLAGE BOARD MEETING FROM OCTOBER 11,2016 TO OCTOBER 13,2016 AT 7:OOPM. NOW THEREFORE BE IT RESOLVED, that due to a scheduling conflict with Yom Kippur, the Village of Rye Brook Board of Trustees hereby approves that the Village Board meeting be moved from October 11,2016 to October 13,2016 at 7:OOPM. Page 27 of 83 September 13,2016 RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON JULY 26,2016 AND AUGUST 23,2016. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees approve the minutes for the meetings held on July 26, 2016 and August 23, 2016. Page 28 of 83 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL,938 KING STREET TUESDAY,JULY 26, 2016 AGENDA 7:00 P.M.—EXECUTIVE SESSION 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REP ORT/PRESENTATIONS PUBLIC HEARINGS RESOLUTIONS: 1. Considering setting a public r an amended site plan at property located at 1100 King Street (R cu ve Park) to construct exterior improvements including a pavilion an eats ea, volleyball court, two (2) bocce courts, and construction of a storage r nd walkway at the rear of Building 2. 2. Considering the request for removal of a significant tree at 278 North Ridge Street. 3. Considering an inter-municipal agreement between the Village of Rye Brook, Town of Rye, and the Port Chester School District to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. 4. Considering an inter-municipal agreement between the Village of Rye Brook and the County of Westchester for a Flood Mitigation Project grant to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. 5. Considering the conditional appointment of Firefighter(s). Board of Trustees Meeting July 26,2016 1 Page 29 of 83 6. Considering an agreement with Graybar as part of the US Communities Program to coordinate and install LED street lights throughout the Village. 7. Considering authorizing the purchase of a John Deere 1575 Commercial Front Mower on the basis of best value through NJPA. 8. Considering authorizing the use of Village Streets for the Wall Street Rides For Autism Research event on Saturday, October 8,2016. 9. Considering the approval of the minutes for the meetings held on June 14, 2016, June 28, 2016, and July 12, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM UNFINISHED ITEM ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Regular Meetings: August 23, 2016 and September 13,2016 BOARD: Trustee Susan R. Epstein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg Board of Trustees Meeting July 26,2016 2 Page 30 of 83 Excused: Trustee David M. Heiser Trustee Jason A.Klein VILLAGE STAFF: Christopher Bradbury,Village Administrator Alex Frank,Village Administrative Intern Gregory Austin,Chief of Police Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Paula Patafio,Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Tuesday, July 26, 2016 Board of Trustees meeting. He noted that the Board just came from an Executive Session on Legal matters & advice regarding the Fire Protection A ement by and between the Village of Port Chester and the Village of Rye Brook. Mayor Rosenberg stated that Trustee Jas Kle�(e d Trustee David Heiser were excused from attendance at the meeting. He note was aquorum, however, in order for a resolution to be adopted the appli w d to have three affirmative votes. Mayor Rosenberg called for first n the agenda: RESOLUTIONS: 1. Considering setting a public hearing for an amended site plan at property located at 1100 King Street (Reckson Executive Park) to construct exterior improvements including a pavilion and seating area, volleyball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2. Mr. Christopher Bradbury,Village Administrator,read the following resolution: Board of Trustees Meeting July 26,2016 3 Page 31 of 83 RESOLUTION SETTING A PUBLIC HEARING FOR ON APPLICATION FOR AN AMENDED SITE PLAN AT PROPERTY LOCATED AT 1100 KING STREET (Reckson Executive Park) VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, Reckson Operating Partnership L.P., property owner, submitted an application for approval of an Amended Site Plan Approval, Wetlands Permit and Steep Slopes Permit to construct exterior improvements at Reckson Executive Park, including a pavilion and seating area, volley ball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 King Street, Rye Brook, New York, which also is nown and designated on the Tax Assessment Map of the Village of Rye B&;�and\ on 124.81, Block 1, Lot 1 and Section 124.82,Block 1, Lot 1 (the "Propert WHEREAS,the Board of Trusteeroval authority for the Amended Site Plan pursuant to Village Code § A a the Planning Board is the approval authority for the Wetland Permit a pes Permit pursuant Chapters 213 and 245 of the Village Code; and WHEREAS, the Board o tees, pursuant to the State Environmental Quality Review Act (SEQRA) determines e proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, on May 10, 2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation; and WHEREAS, on July 14, 2016 the Planning Board issued its Report and Recommendation to the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 23, 2016 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the above-referenced application. Board of Trustees Meeting July 26,2016 4 Page 32 of 83 BE IT FURTHER RESOLVED, that the Board of Trustees 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 directs that pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of public hearing shall be sent to the Town of Greenwich and the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. 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. William Null, Esq. addressed the Board as leg epresentative for the applicant. He noted that applications for an amended Site n, etlands Permit, and Steep Slopes Permit to construct exterior improvement in u t a pavilion and seating area, volleyball court,two (2)bocce courts, an con ction of a storage room and walkway at the rear of Building 2 on property locate ing Street have been submitted to the Village. The Board of Trustees ref th a r to the Planning Board. A report and recommendation of approval was Ce t Planning Board's July 14, 2016 meeting. The application is now before a oofTrustees, who has final approval authority, to set a public hearing. Mr. Bradbury noted that notice as been sent to the Westchester County Planning Department, and to Harrison and Greenwich. Mayor Rosenberg stated that this matter should be set for the Board of Trustee Meeting scheduled for August 23, 2016. With the consensus of the Board, the public hearing was scheduled. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 5 Page 33 of 83 2. Considering the request for removal of a significant tree at 278 North Ridge Street. Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING A REQUEST FOR THE REMOVAL OF A SIGNIFICANT TREE AT 278 NORTH RIDGE STREET WHEREAS, the property owner of 278 North Ridge Street has submitted a tree removal application to the Village of Rye Brook;wand WHEREAS, under section 235-21 o4he Villas of Rye Brook Village Code no Significant Tree over 36" DBH shall bmotel without the approval of the Village Board of Trustees; and WHEREAS, said tree is con ignificant Tree. NOW, THEREFOR BE ESOLVED, the Board of Trustees hereby approves the Tree Removal Pe . a lication made by the property owner of 278 North Ridge Street for the removal of the lowing: One (1) Elm Tree approximately 32" in diameter DBH AND BE IT FURTHER RESOLVED, the property owner of 278 North Ridge Street shall replant two (2) 2.5"trees as required by code in consultation with the Village Superintendent of Public Works. Board of Trustees Meeting July 26,2016 6 Page 34 of 83 On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick,the resolution was adopted. Mayor Rosenberg noted that he read report submitted by Mr. Nowak, Village Engineer, where he noted that the tree was 85% dead on one side. Obviously it needs to be removed. Mr.Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg asked for one resolutio \1taout of order. 5. Considering the conditional appV:knf Firefighter(s). Mr. Christopher Bradbureg resolution: ESOLUTION CONSIDERING THE APPOINTMENT OF A FIREFIGHTER NOW THEREFORE BE IT RESOLVED, that John C. Giordano, Jr. of 25 Monroe Place, Rye Brook, New York is hereby conditionally appointed to the position of Firefighter with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $67,399 with an effective start date of August 14,2016. Board of Trustees Meeting July 26,2016 7 Page 35 of 83 Mayor Rosenberg noted that John Giordano, a prior Rye Brook employee, was being hired as Firefighter. This offer is conditioned on passing a medical exam. The goal is to hire two (2) Firefighters with each one assigned to each of the two evening shifts (3 days on/3 days off). The Board hired Mr. Giordano this evening, and a second fire fighter will be hired at a later date to mitigate the damage done by the Village of Port Chester. He thanked the fire fighters for staffing the fire house overnight. Mr. Bradbury noted that Mr. Giordano worked for the Parks Department and did a great job. The Village is glad to have him back. He congratulated Mr. Giordano, and noted that he would be starting mid-August. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan Epstein v ing e Trustee Jeffrey Rednick ting aye Mayor Paul Rosenberg v g aye 4. Considering an inter- nice 1 greement between the Village of Rye Brook and the County of West r for a Flood Mitigation Project grant to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. Mr. Bradbury read the following resolution: Board of Trustees Meeting July 26,2016 8 Page 36 of 83 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE COUNTY OF WESTCHESTER FOR A FLOOD MITIGATION PROJECT GRANT TO SHARE FUNDING FOR A FLOOD MITIGATION STUDY IN THE VICINITY OF AVON CIRCLE,AS WELL AS DOWNSTREAM,INCLUDING BOWMAN AVENUE AND THE AREA WEST OF THE PORT CHESTER MIDDLE SCHOOL BUILDING WHEREAS, the area along the eastern Branch of the Blind Brook in the Village of Rye Brook between the Rye Ridge Condominiu nown as Avon Circle and the lower pond on Bowman Avenue has historical ex enced significant flooding and negatively impacted and caused damage to side tial properties and Port Chester Middle School properties; and WHEREAS, the Village of Ry r k, e Town of Rye, and the Port Chester Union Free School District have re ' Flood Mitigation Study proposal from Dolph Rotfeld Engineering, P.C. d J 2016 (the "DRE Study") to seek ways to improve these flooding condition WHEREAS, the DRE Study would evaluate flooding conditions in the vicinity of Avon Circle as well as downstream areas including Bowman Avenue and the vicinity of the athletic fields immediately west of the Port Chester Middle School building; and WHEREAS, the DRE Study proposal fees for Phase 1 and Phase 2 are estimated to be $95,000.00 for investigation survey, hydraulic modeling and preliminary engineering, which includes $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School;and WHEREAS, in 2011 Westchester County adopted a Stormwater Management Law and developed a program whereby funding is available to eligible municipalities for flood mitigation or flood damage reduction projects if such projects are included in the reconnaissance plans prepared for each major drainage basin; and Board of Trustees Meeting July 26,2016 9 Page 37 of 83 WHEREAS, flooding and the need for a flood improvement project in this area has been identified in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound Watershed (August 2013) making the vast majority of the DRE Study eligible for municipal funding assistance through the Westchester County with the exception of the $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School which is also included within the study; and WHEREAS,the Village of Rye Brook,with the support of the Town of Rye and Port Chester Union Free School District, has submitted a Stormwater Management Law Flood Mitigation Project Application Form to the County of Westchester seeking 50% of the costs of Phase 1 and 2 of the DRE Study in an amount not to exceed$50,000; and WHEREAS, the remaining 50% of the costs would be shared as follows: Rye Brook 25% (up to $25,000), the Town of Rye 12.5% (up to $12,500), and the Port Chester Union Free School District 12.5% (up to $12,5 ; a\ WHEREAS, the Village of Rye Broo has pared an inter-municipal agreement for the consideration of the Village of Rye t Town of Rye, and the Port Chester Union Free School District outline igations of the Village of Rye Brook, the Town of Rye, and the Port CL" er Union Free School District for this cost sharing commitment and coordination of mun8al and school district efforts (the "IMA"), as more particularly described in the IJ; and WHEREAS, the Village of Rye Brook, on behalf of the Town of Rye and the Port Chester Union Free School District, would further agree to coordinate and take the lead municipal role on the Westchester County stormwater application and project coordination with Westchester County, including the approval of a separate inter- municipal agreement between the Village of Rye Brook and Westchester County for Westchester County Phase I stormwater funding of this project; and WHEREAS, Phase 1 and 2 of the DRE Study consisting of design and feasibility studies is a Type II action pursuant to Section 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA") and therefore no further environmental review is required for Phase 1 and 2. Board of Trustees Meeting July 26,2016 10 Page 38 of 83 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board is in full support of this flood mitigation project, the DRE Study, the funding commitments, and the submission of an application to Westchester County for flood mitigation funding; and be it FURTHER RESOLVED, that following the full execution of the IMA between the Village of Rye Brook, the Town of Rye and the Port Chester Union Free School District, the Mayor and Administrator are authorized to sign the Westchester County Phase I Stormwater Management Law Funding Program IMA between the Village of Rye Brook and the County of Westchester and also execute all additional documents as may be necessary for the purpose of receiving Stormwater Management Law Phase I funding assistance for this flood mitigation project;and be FURTHER RESOLVED, that the Ilage of�tye Brook agrees to take the lead to coordinate the DRE Study and the 47*n g�Ron project and any related paperwork and payments or reimbursements r ite project proposal and related agreements with Dolph Rotfeld Engineer' a ha�ounty of Westchester. Mr. Bradbury noted that he read resolution 94 before resolution 3. The two resolutions actually go together. He gave a brief overview of the resolutions and what brought them on. He noted that the Village of Rye Brook, Town of Rye and Port Chester School District are working together to address flood mitigation projects that would help the residents on Bowman Avenue, in Avon Circle and other areas as well as the school district properties in the middle school athletic field area. Residents can go to the Village's website to see videos of storms from 2007. The first step was to hire Dolph Rotfeld Engineering to review the area and suggest ways to remediate the flooding. There is funding available through the County due to the Village including a project in the Avon Circle area in the LI Sound Reconnaissance Plan. An IMA between the Village, Town and School district would allow for the remaining 50% of the project costs to be paid by the Village (25%), the Town (12.5°/x) and the School District (12.5%) will be put in place. The Village has allocated $25,000 for this Board of Trustees Meeting July 26,2016 11 Page 39 of 83 phase of the studies for this project in its 2016-17 annual budget. The Village would also take the lead project role with the three agencies and also the County. An IMA is noted in resolution 93, and it establishes the funding between the Village, Town and School district. This IMA between the Village and County is needed to move the County's funding application forward. The Village has allocated $25,000 for this phase of the studies for this project in its 2016-17 annual budget. The Village would also take the lead project role with the three agencies and also the County. This is only Phases 1 and 2 of the DRE study and a Phase I IMA with the County. Based on the outcomes, DRE's Phase 3 and a WC Phase II IMA may be needed at a later date. There is a second IMA with the County,which will not be signed until the first IMA is in place. The application will go to the Westchester ounty Advisory Board, and then it will be presented to County Officials. On a motion made by Trustee Rednick, and ded b Trustee Epstein, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan tein voting aye Trustee Jeffrey Re 'c voting aye Mayor Paul Rosenbe voting aye 3. Considering an inter-municipal agreement between the Village of Rye Brook, Town of Rye, and the Port Chester School District to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. Mr.Bradbury read the following resolution: Board of Trustees Meeting July 26,2016 12 Page 40 of 83 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK,THE TOWN OF RYE AND THE PORT CHESTER SCHOOL DISTRICT TO PARTICIPATE AND REQUEST FUNDING FOR A FLOOD MITIGATION STUDY WHEREAS, the area along the eastern Branch of the Blind Brook in the Village of Rye Brook between the Rye Ridge Condominiums known as Avon Circle and the lower pond on Bowman Avenue has historically ex erienced significant flooding and negatively impacted and caused damage to bo sidential properties and Port Chester Middle School properties; and WHEREAS, the Village of Rye Brothe wn of Rye, and the Port Chester Union Free School District have received a o gation Study proposal from Dolph Rotfeld Engineering, P.C. dated y 4, 016 (the "DRE Study") to seek ways to improve these flooding conditi WHEREAS, the DRE Stu wo devaluate flooding conditions in the vicinity of Avon Circle as well as downstrea reas including Bowman Avenue and the vicinity of the athletic fields immediately west of the Port Chester Middle School building; and WHEREAS, the DRE Study proposal fees for Phase 1 and Phase 2 are estimated to be $95,000.00 for investigation survey, hydraulic modeling and preliminary engineering, which includes $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School;and WHEREAS, in 2011 Westchester County adopted a Stormwater Management Law and developed a program whereby funding is available to eligible municipalities for flood mitigation or flood damage reduction projects if such projects are included in the reconnaissance plans prepared for each major drainage basin; and Board of Trustees Meeting July 26,2016 13 Page 41 of 83 WHEREAS, flooding and the need for a flood improvement project in this area has been identified in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound Watershed (August 2013) making the vast majority of the DRE Study eligible for municipal funding assistance through the Westchester County with the exception of the $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School which is also included within the study; and WHEREAS,the Village of Rye Brook,with the support of the Town of Rye and Port Chester Union Free School District, has submitted a Stormwater Management Law Flood Mitigation Project Application Form to the County of Westchester seeking 50% of the costs of Phase 1 and 2 of the DRE Study in an amount not to exceed$50,000; and WHEREAS, the remaining 50% of the costs would be shared as follows: Rye Brook 25% (up to $25,000), the Town of Rye 12.5% (up to $12,500), and the Port Chester Union Free School District 12.5% (up to $12,5 ; a\ WHEREAS, the Village of Rye Broo has pared an inter-municipal agreement for the consideration of the Village of Rye t Town of Rye, and the Port Chester Union Free School District outline igations of the Village of Rye Brook, the Town of Rye, and the Port CL" er Union Free School District for this cost sharing commitment and coordination of mun8al and school district efforts (the "IMA"), as more particularly described in the IJ; and WHEREAS, the Village of Rye Brook, on behalf of the Town of Rye and the Port Chester Union Free School District, would further agree to coordinate and take the lead municipal role on the Westchester County stormwater application and project coordination with Westchester County, including the approval of a separate inter- municipal agreement between the Village of Rye Brook and Westchester County for Westchester County Phase I stormwater funding of this project; and WHEREAS, Phase 1 and 2 of the DRE Study consisting of design and feasibility studies is a Type II action pursuant to Section 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA") and therefore no further environmental review is required for Phase 1 and 2. Board of Trustees Meeting July 26,2016 14 Page 42 of 83 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board is in full support of this flood mitigation project, the DRE Study, the funding commitments, and the submission of an application to Westchester County for flood mitigation funding which will also require the Village of Rye Brook to approve a separate Phase I Stormwater Management Law Funding Program IMA between the Village of Rye Brook and the County of Westchester; and be it FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign the IMA between the Village of Rye Brook, Town of Rye, and Port Chester Union Free School District, and is further authorized to execute all additional documents as may be necessary to satisfy the terms of the resolution and the purpose of the IMA;and be it FURTHER RESOLVED, that if the IMA is approved by the Village of Rye Brook, the Town of Rye, and the Port Chester Union Fre chool District, and the separate IMA is also subsequently approved between the ag f Rye Brook and the County of Westchester, the Village agrees to take the coo inate the DRE Study, the flood mitigation project, the County IMAin ' n, and any related paperwork and payments or reimbursements require ' th proposal and related agreements with Dolph Rotfeld Engineering and the Westchester. Mr. Bradbury noted that this re'%I;tc highlights putting the funding in place. The two resolutions are on the same path. IMA is being prepared by Village Counsel. The Village is committed to this project. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 15 Page 43 of 83 6. Considering an agreement with Graybar as part of the US Communities Program to coordinate and install LED street lights throughout the Village. Mr.Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF A CONTRACT FOR LED STREET LIGHTING VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS,the Village of Rye Brook wishes to authorize the approval of a LED Street Lighting contract with Graybar Electric Co tany, Inc. through U.S. Communities Contract No. MA-IS-1340234 for the materials ght and labor for the installation of said LED Lighting throughout the Village; a� WHEREAS, Graybar Electric Copany wV awarded said contract through U.S. Communities Contract NO. MATS-1340234 Tn the basis of it being the lowest responsible bidder, and Rye Brook piggybsWking of this contract is authorized by New York State General Municipa nd WHEREAS, it is in the interests of the Village to approve this contract, which was awarded on the basis o the lowest responsible bidder, because the purchase and installation of this LED lighting is expected to result in savings of electrical and other costs to the Village over time, is environmentally friendly and will conserve energy, and the manufacturer has a reputation for providing quality goods and services;and WHEREAS, on or about May 15, 2016, the Village received a proposal for the materials, oversight and labor for basic LED street lighting at a price of $232,502.84, which amount is based upon an estimate price per fixture type and size; and WHEREAS, the Village desires to purchase an additional sampling of approximately fifty (50) LED street lights with interactive wireless monitoring and diagnostic capabilities at an additional estimated cost of $293.75 per fixture which includes software costs in accordance with this contract. Board of Trustees Meeting July 26,2016 16 Page 44 of 83 NOW, THEREFORE, BE IT RESOLVED, that Board of Trustees hereby authorizes the Village to enter into U.S. Communities Contract No. MA-IS-1340234 with Graybar Electric Company Inc., awarded on the basis of said company being the lowest responsible bidder, in an amount not to exceed of$250,000.00, subject to the approval of its Village Attorney; and BE IT FURTHER RESOVLED, that the Mayor and the Administrator are authorized to sign any documents necessary for the implementation of this Resolution. Mayor Rosenberg noted that the Village has explored several LED street lighting programs. This has been a long time coming. This project will save the Village almost 60% of what is now being spent in kilowatt hours — this is almost $50,000 per year in savings. This is tremendous savings. The LED li hting is also good for environment. The proposed lighting, Philips Lumec, is exce t lighting where everything appears sharper. Mr. Bradbury noted that there was a d in is since the Village began looking at replacing the street lighting. The payback o c t standpoint will be under five years. Several different fixtures were 10eat d the Philips Lumec street lighting was chosen. It is noted that the A e 1 Association (AMA) has recently made a policy statement that recom nd 00%(Kelvin) and no higher for LED street lights. The village would purchase t 3,0 K lights and select the different wattage for the lights depending upon locations. price does not change based on Kelvin levels. This is a great program. The Village has budgeted$255,000 for this project. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 17 Page 45 of 83 7. Considering authorizing the purchase of a John Deere 1575 Commercial Front Mower on the basis of best value through NJPA. Mr.Bradbury read the following resolution: RESOLUTION CONSIDERING THE PURCHASE OF A COMMERCIAL LAWN MOWER VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village Parks and Recre n Superintendent has recommended that the Village Board of Trustees authorize ase of a commercial lawn mower (John Deere 1575 Commercial Front Mo r) or T%e by the Parks Department in maintaining Village-owned fields; and WHEREAS, Deere & ompa s awarded NYS OGS Contract PC66663/NJPA Contract No. 070313-DA the basis of best value in accordance with the New York General Munic' ; n WHEREAS, on March 14 the Village of Rye Brook Board of Trustees adopted a local law pursuant to New York General Municipal Law §103(l) to authorize the award of and piggybacking upon 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, it is in the best interests of the Village to purchase the John Deere 1575 Commercial Front Mower through NYS OGS Contract PC66663/NJPA Contract No. 070313-DAC which was awarded on the basis of best value because the purchase is expected to result in savings to the Village over time; will allow the Village to maintain fleet consistency, warranty and longevity; the equipment is interchangeable with other equipment currently owned by the Village; and the manufacturer has a reputation for providing quality goods and services;and Board of Trustees Meeting July 26,2016 18 Page 46 of 83 WHEREAS, the Village of Rye Brook saves the cost and expense of seeking competitive bids or requests for proposals for the purchase of the lawn mower by utilizing NYS OGS Contract PC66663/NJPA Contract No. 070313-DAC;and WHEREAS, on July 11, 2016 and July 12, 2016 the Village received quotes from two local dealers utilizing the pricing authorized by the NYS OGS and NJPA contracts (23% discount of MSRP), as follows: $42,540.88 $43,111.92. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the purchase of a John Deere 1575 Co mercial Front Mower through NYS OGS Contract PC66663/NJPA Contract No. 07 3-DAC which was awarded on the basis of best value, in an amount not to ex d ,540.88, for the reasons set forth herein. BE IT FURTHER RESOLVEDyor and Administrator are authorized to sign any documents necessary f .m mentation of this resolution. Mr. Bradbury noted that this p has was put out for bid, two quotes were received, and the lowest bid was taken. The is 23% off list price. Deere offers high quality equipment, and the new equipment is interchangeable with other equipment currently owned by the Village. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 19 Page 47 of 83 8. Considering authorizing the use of Village Streets for the Wall Street Rides For Autism Research event on Saturday, October 8,2016. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 2016 WALL STREET RIDES FAR ("FOR AUTISM RESEARCH")EVENT THEREFORE BE IT RESOLVED, that s ject to the final approval of the Rye Brook Police Department, The Autism Scienc oundation is authorized to use the Village of Rye Brook streets for the 201 a treet Rides FAR ("For Autism Research") Charity Bike Ride event on Sa ay Oct er 8, 2016, requested in a letter dated July 14, 2016; and be it BE IT FURTHER RESOL ft, tai ge streets shall be used in compliance with the terms and/or conditions es 1' d ly the Village of Rye Brook Police Department. Mr. Bradbury noted that the even ill take place on October 8, 2016. It is n annual event and the Rye Brook Police Department is aware of the upcoming event. The Village will be sending out an email blast notifying residents of this event. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 20 Page 48 of 83 9. Considering the approval of the minutes for the meetings held on June 14, 2016,June 28,2016, and July 12, 2016. Mr.Bradbury read a resolution recommending the approval of the June 14, June 28, and July 12th minutes. RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON JUNE 14, 2016,JUNE 28,2016,AND JULY 12,2016. NOW THEREFORE BE IT RESOLVE that Ike Village of Rye Brook Board of Trustees approve the minutes for the meetineld on June 14, 2016, June 28, 2016, and July 12, 2016. ` On a motion made by Trustee Redo c an econded by Trustee Epstein, the resolution was adopted. Mr.Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that there is a new agenda system. This is the first Board that is working with this new system. The plan is to have all of the Village Boards on this new system. All of the Village meetings will be moving over to this new system. Additional information is available for the residents. He reminded residents that street paving will start soon. The information on which streets and when will be on the Village's website. The work will begin in the middle of August. Board of Trustees Meeting July 26,2016 21 Page 49 of 83 There have been many events sponsored by the Village this summer. There have been nice turnouts so far for movie nights and ice cream Fridays. Each event is a little bit different, and held at a different place. It was noted that the last ice cream Friday will be held on Friday, July 301H Mr.Bradbury reviewed the other events coming up between now and next meeting. Some events are supported by local organizations. Performance by a Jazz Quartet performing, and a dog wash in August. Information on all of the events is on the Village's website. Mayor Rosenberg pointed out that there is only one Board meeting in August. The next meetings are scheduled for August 23rd and September 13th. Mayor Rosenberg called for members of the pub ' ishing to address the Board. There being no further business before th oar a meeting was adjourned at 8:20 p.m. Board of Trustees Meeting July 26,2016 22 Page 50 of 83 DR MINUTES Board of Trustees Meeting L� L Village Hall,938 King Street Tuesday,August 23,2016 RD R SENT: Trustee Susan R.Epstein Trustee David M.Heiser Trustee Jason A.Klein Mayor Paul S.Rosenberg BOARD ABSENT: Trustee Jeffery B.Rednick STAFF PRESENT: Christopher J.Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak,Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 7:00 P.M.-EXECUTIVE SESSION: a) Teamsters Negotiations b) Discussing appointments to Traffic Commission. C) Non-Union Compensation 2 7:30 P.M. -REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: Page 51 of 83 4 REPORT/PRESENTATIONS: 5 PUBLIC HEARINGS: a) Considering approving an amended site plan at property located at 1100 King Street(Reckson Executive Park). Mr.Null advised the Board that this application has been before the Planning Board and received the necessary approvals for the wetlands and steep slopes permits.He explained that this is an amenities package for the tenants of the office park only and will be used during daylight hours only. There is not amplification or sound. Jerry Schwabe addressed the Board and worked off the plan to show where the proposed amenities will be placed. They will include a sand based volley ball court,a bocce ball court and a sitting area with walkways around the pond area. The sand and gravel being used in that area will assist with drainage as well. They are working in the wetland buffer and any disturbance will be corrected with additional plantings. Mrs. Timpone-Mohammed,Village Planning Consultant,added that all her issues had been addressed subsequent to the Planning Board meeting. Mr.Nick Lyras-Doral Greens HOA president—wanted to thank the Board for the heads up when the Sun Homes project first approached the Village and the Planning Board for taking into consideration some of their concerns. Everything was handled very well and it is nice to know that this current project is only for the use of the office tenants and not the potential homeowners,He thanked all for watching out for them. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the Public Hearing was closed and Ms.Alex Frank,Assistant to the Administrator,called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES Page 52 of 83 b) Considering a proposed local law prohibiting the sale of commercially bred dogs and cats in the Village of Rye Brook. Mr. Bradbury explained what the local law was all about and the importance of it. Mayor Rosenblum addressed the Board stating that Harrison had also just approved the local law and they were grateful for that.Mamaroneck was the first in New York State and advised the Board that this law does not make the Village subject to any challenges.He congratulated the Board on being a very moral community. Dina Gorham—Port Chester resident—she supports the ban for all animals that are currently suffering because of the puppy mills and the way the animals are handled. She thanked the Board for making Rye Brook a more humane community. Mayor Rosenberg believes it is the right thing to do as well. On a motion made by Trustee Heiser and seconded by Trustee Epstein,the Public Hearing was closed and Ms.Alex Frank,Assistant to the Administrator,called the roll TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES 6 RESOLUTIONS: a) Considering Approving an amended site plan at property located at 110 King Street(Reckson Executive Park). RESOLUTION CONSIDERING AN AMENDED SITE PLAN AT PROPERTY LOCATED AT 1100 KING STREET(Reckson Executive Park) WHEREAS,Reckson Operating Partnership L.P.,property owner, submitted an application for approval of an Amended Site Plan Approval, Page 53 of 83 Wetlands Permit and Steep Slopes Permit to construct exterior improvements at Reckson Executive Park,including a pavilion and seating area,volley ball court,two(2)bocce courts,and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 King Street,Rye Brook,New York,in the OB-1 and Scenic Roads Overlay Zoning District,which property also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 124.81,Block 1, Lot 1 and Section 124.82,Block 1,Lot 1 (the "Property"); and WHEREAS,the Board of Trustees is the approval authority for the Amended Site Plan pursuant to Village Code §209-1.A(1)and the Planning Board is the approval authority for the Wetland Permit and Steep Slopes Permit pursuant Chapters 213 and 245 of the Village Code;and WHEREAS,the Board of Trustees reviewed the following plans and application materials in connection with the Application: 1.Application for Site Plan Approval 2. Exterior Building Permit Application 3. Short EAF with EAF Mapper Summary Report dated 4/4/16 4. Tree Removal Permit Application 5.ALTA/ACSM Land Title Survey prepared by Link Land Surveyors, P.C.,Mahopac,N.Y. dated January 26,2015 6. Steep Slopes Work Permit Project Description and Slope Analyses prepared by Divney Tung Schwalbe,LLP,White Plains,N.Y.,not dated 7.Wetlands and Watercourse Delineation prepared by William Kenny Associates,LLC,Fairfield,C.T.,dated December 10,2015 8. Stormwater Pollution Prevention Plan,prepared by Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated March 2016 9. Letter to the Planning Board from Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated June 9,2016 10. Letter to the Planning Board from Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated July 1,2016 11. Letter to the Board of Trustees from Cuddy and Feder,LLP,White Plains,N.Y.,dated April 7,2016 12.Plan Set entitled,"Site Plan/Wetland/Steep Slope Application," prepared by Eric Rains Landscape Architecture,LLC,Norwalk,C.T.: Sheet Number Sheet Title Date No Number Cover Sheet 3/24/16 SP-1.0 Stormwater and Erosion Control 3/24/16 SPL-1.0 Landscape Site Plan 3/24/16 rev.7/1/16 SPL-2.0 Existing Conditions and Removals Plan 3/24/16 rev. 4/4/16 Page 54 of 83 SPL-3.0 Grading and Utilities Plan 3/24/16 rev. 7/1/16 SPL-4.0 Layout and Materials Plan 3/24/16 rev. 7/1/16 SPL-5.0 Planting Plan 3/24/16 rev. 7/1/16 SPL-6.0 Planting Notes and Details Plan 3/24/16 rev. 7/1/16 SPL-7.0 Planting List and Images Plan 3/24/16;and WHEREAS,on May 10,2016 the Board of Trustees,pursuant to the State Environmental Quality Review Act(SEQRA)determines the proposed action to be an Unlisted Action pursuant to SEQRA;and WHEREAS,on May 10,2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation; and WHEREAS,on July 14,2016 the Planning Board issued its Report and Recommendation to the Board of Trustees and approved a Wetland Permit and Steep Slopes Permit for the project subject to several conditions including obtaining Amended Site Plan approval from the Board of Trustees;and WHEREAS,the application was referred to Westchester County Department of Planning pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61for notification purposes only, and a response was received from the County dated August 2,2016 which found the matter to be for local determination in accordance with the Village's planning and zoning policies;and WHEREAS,on August 9,2016 notice of the public hearing was sent to the Town of Greenwich and the Town/Village of Harrison pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71; and WHEREAS,a duly advertised public hearing was held by the Board of Trustees on August 23,2016,at which time all those wishing to be heard on the Application were given such opportunity,and the public hearing was closed on August 23,2016;and WHEREAS,the Village Planning Consultant,Village staff and Planning Board have reviewed the information and submitted comments regarding the Application; and WHEREAS,the Board of Trustees is fully familiar with the application and the Property. Page 55 of 83 NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees,in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617,and upon review of the EAF and all other application materials that were prepared for this action,hereby adopts the attached Negative Declaration,ending the State Environmental Quality Review process. BE,IT FURTHER RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves the Application for Amended Site Plan approval for property located at 1100 King Street, as shown on the plans referenced herein, subject to the following conditions: 1.All plantings required in the plan titled Landscape Site Plan,prepared by Eric Rains Landscape Architecture,LLC,Norwalk,CT,dated 3/24/16 rev. 7/1/16, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. BE IT FURTHER RESOLVED,that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES b) Considering a proposed local law prohibiting the sale of commercially bred dogs and cats in the Village of Rye Brook. RESOLUTION APPROVING A LOCAL LAW PROHIBITING THE SALE OF COMMERCIALLY BRED DOGS AND CATS WHEREAS, on May 4, 2016 NYS Senator George Latimer notified the Page 56 of 83 Village of Rye Brook of recent state legislation that allows for local communities to regulate the prohibition on the sale of commercially bred dogs and cats;and WHEREAS, on July 12, 2016 a local law was introduced before the Board of Trustees of the Village of Rye Brook to amend Chapter 78 of the Village Code,entitled"Animals,"to prohibit the sale of commercially bred dogs and cats in pet stores, retail businesses or other commercial establishments;and WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and therefore,no environmental review is required; and WHEREAS, on August 23, 2016, the Board of Trustees held a duly noticed public hearing at Village Hall to consider the proposed local law, at which time all persons interested were given an opportunity to be heard and the public hearing was closed on August 23,2016. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the above-mentioned local law to amend Chapter 78 of the Village Code to prohibit the sale of commercially bred dogs and cats in pet stores, retail businesses or other commercial establishments, as set forth in the local law. On a motion made by Trustee Heiser and seconded by Trustee Klein,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES C) Considering a street use request by Westchester Triathlon for Sunday, September 25,2016 RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE ANNUAL JARDEN WESTCHESTER TRIATHLON Page 57 of 83 NOW THEREFORE BE IT RESOLVED,that the Jarden Westchester Triathlon is authorized to use the Village of Rye Brook streets for the Jarden Westchester Triathlon on Sunday, September 25,2016,requested in a letter received July 26,2016;and BE IT FURTHER RESOLVED,that final Village streets,route and any conditions shall be approved by the Police Chief of the Village of Rye Brook Police Department. Discussion: Mr. Bradbury explained there is some concern about the route change that was made after receipt of the original request. The changes require use of more village streets and the Police are concerned that while the Village wants to support the event as they always have,they also need to make sure the residents are safe and the intersections are safe. Chris Leonard,Race Manager addressed the Bard and explained that the person who should be here who is the Race Director is in Virginia but he will try to help.The intersections in question are Lincoln and Westchester Avenue by 287-the race would be 100 percent on board with helping in any capacity by providing help from other municipalities who have offered and they have a relationship with. The race has a rich history—they are 30 years old and are also a 501C3 and a variety of charities benefit.They suggest getting word out to residents to get message out that this race is for more than just people participating-it is to raise money for worty causes. They could provide officers from other municipalities if it would help. They have a month to make this work. Chief Austin explained that they have contracted with the race in the past and they do reimburse the Village for the use of the Police Officers. The route changes proposed would require 13 police officers-they had problems previous years with less officers. They are expecting 1000 cyclists so this is not a small event and is a very large undertaking. Mayor Rosenberg added that we could pass this tonight by conditioning the resolution that the organization and the Police Chief work together to come to an agreement that works for everyone.He believes it is a worthy cause -he would hate to see them have to stop routing through Rye Brook. He also agrees that an email blast can be done and a lot of notification for the public making them aware of the routes and where they should avoid going. Page 58 of 83 On a motion made by Trustee Klein and seconded by Trustee Heiser,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES d) Considering the conditional appointment of a Firefighter. RESOLUTION CONSIDERING THE APPOINTMENT OF A FIREFIGHTER NOW THEREFORE BE IT RESOLVED,that Ryan Cantatore of 143 North Washington Street,Apt. 2,Sleep Hollow,New York is hereby conditionally appointed to the position of Firefighter with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED,that the annual salary is$67,399 with an effective start date of September 4,2016. Discussion: Mr. Bradbury introduced Mr. Cantatore and advised that he was a Senior Airman and a member of the Security Police for the United States Air Force,New York Air National Guard as well as a Volunteer Firefighter with Port Chester prior to becoming a paid professional Firefighter for Port Chester.We are thrilled to have him. Mayor Rosenberg thanked him for his military service and welcomed him to Rye Brook where he will be treated with respect. Mr. Cantatore thanked the Board for the opportunity to serve the Village. Page 59 of 83 On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was approved and Mr.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES C) Considering accepting a donation of a professional-grade tetherball system. RESOLUTION CONSIDERING ACCEPTING A DONATION OF A PROFESSIONAL- GRADE TETHERBALL SYSTEM WHEREAS,Jalaine and Peter Sommers of 3 Winthrop Drive,Rye Brook has a professional-grade tetherball set(TP-1200 set 12 foot tether pole and a Tachikara STMB)that they wish to donate to the Village for use in one of the parks;and WHEREAS,Mr. and Mrs. Sommers has stated that this tetherball set has an estimated value of$170.00. NOW,THEREFORE BE IT RESOLVED,that the Village of Rye Brook hereby accepts the donation of a professional-grade tetherball System from Jalaine and Peter Sommers. Discussion: Trustee Epstein asked where the tetherball set would go.Chris Bradbury responded that the plan was behind the old baseball field in Pine Ridge Page 60 of 83 Park. Trustee Epstein asked about vandalizing to which the Mayor responded if that were to happen the Board would have to decide whether or not to replace it. Mayor Rosenberg thanked the Sommers for the donation. In a motion made by Trustee Heiser and seconded by Trustee Epstein,the resolution was approved and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES f) Modifying the License and Fee Schedule to create a free for a Graphic Art -Photoshop Elements Program. RESOLUTION MODIFYING THE LICENSE AND PERMIT FEE SCHEDULE TO CREATE A FEE FOR GRAPHIC ART—PHOTOSHOP ELEMENTS PROGRAM The Village License and Permit Fee Schedule is hereby modified to establish a fee for a new Recreation Program: PROGRAM OR SERVICE FEE Photoshop Elements Program(8,one hour sessions) $120.00 On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Ms.Frank called the roll: TRUSTEE EPSTEIN YES Page 61 of 83 TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES g) Considering approval of an agreement with the County of Westchester for a Stop-DWI Program. RESOLUTION CONSIDERING THE APPROVAL OF AN AGREEMENT WITH THE COUNTRY OF WESTCHESTER FOR A STOP-DWI PROGRAM WHEREAS,on February 14,2006 the Village of Rye Brook first entered into an agreement with the County of Westchester for a Stop DWI Patrol Project Reimbursement Contract for the 2006 calendar year;and WHEREAS,on April 26,2011 the Village of Rye Brook entered into an extension of said agreement for a five year extension of the Stop DWI Patrol Project from January 1,2011 though December 31,2015;and WHEREAS,Westchester County will provide reimbursements for overtime and added patrol costs to enforce DWI/DWAI laws in the amount not to exceed$8,400.00 for the year; THEREFORE,BE IT RESOLVED,that the Village of Rye Brook is authorized to enter into an extension of said contract for an additional four (5)years,from January 1,2016 through December 31,2020 at the rate of $8,400 per year,not to exceed$42,000 over the 5 year contract; and be it FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary and appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Klein and seconded by Trustee Epstein,the resolution was adopted and Ms.Frank called the roll: Page 62 of 83 TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES h) Considering approving use of Village streets for the Jewish Board of Family &Children Services for a fundraising cycling event on September 18,2016. RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE JEWISH BOARD OF FAMILY&CHILDREN SERVICES FOR A FUNDRAISING CYCLING EVENT ON SEPTEMBER 18,2016 THEREFORE BE IT RESOLVED,that subject to the final approval of the Rye Brook Police Department,The Jewish Board of Family & Children services is authorized to use the Village of Rye Brook streets for a fundraising cycling event on Sunday, September 18,2016,requested in a letter dated August 12,2016;and be it BE IT FURTHER RESOLVED,that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Discussion: Chief Austin stated that this is a small scale event requiring only 3 officers. On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES Page 63 of 83 i) Considering the reappointment of John B. Colangelo to the Emergency Medical Services Committee(EMSC). RESOLUTION CONSIDERING THE APPOINTMENT OF MR. JOHN B.COLANGELO TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS,the Inter-Municipal Agreement between the Village of Rye Brook,City of Rye and Village of Port Chester for emergency medical services established the Emergency Medical Services Committee(EMSC); and WHEREAS,pursuant to Section 3A of the Inter-Municipal Agreement establishes community representatives from each of the participating municipalities to be proposed by the Corps and ratified by each of the municipalities;and WHEREAS,in a letter dated August 10,2016 from Scott T.Moore, Administrator,Mr. John B. Colangelo has been recommended by the Corp as the community representative of the Village of Port Chester;and WHEREAS,on July 18,2016 the Board of Trustees of the Village of Port Chester ratified the appointment of Mr.John B.Colangelo to the Emergency Medical Services Committee by resolution NOW,THEREFORE BE IT RESOLVED,that the Board of Trustees hereby approves the appointment of Mr. John B. Colangelo to the Emergency Medical Services Committee as the Community Representative of the Village of Port Chester. Mayor Rosenberg thanked Mr. Colangelo and all the Board members that serve on the EMS board for all their hard work. On a motion made by Trustee Epstein and seconded by Trustee Klein,the Page 64 of 83 resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES j) Considering a Village contribution to the Columbus Day Celebration Committee and use of Hawthorne Ave for the Annual Parade. RESOLUTION CONSIDERING A VILLAGE CONTRIBUTION TO THE COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS,the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Celebration Committee NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves that$800.00 be provided to the Columbus Day Celebration Committee for its annual Columbus Day Parade; and be it FURTHER RESOLVED,that the Columbus Day Celebration Committee may use Hawthorne Avenue on Sunday,October 9,2016(rain date October 16,2016)for the Columbus Day Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES Page 65 of 83 MAYOR ROSENBERG YES k) Considering the use of Village streets for a block party on Valley Terrace to be held on September 18,2016. RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON SEPTEMBER 18,2016. RESOLVED,that the use of Valley Terrace on Sunday, September 18, 2016 from 4:OOPM to 7:30PM for the Valley Terrace Block Party event is hereby approved with the terms to be established by the Rye Brook Police Department. Discussion: Trustee Klein recused himself and addressed the Board. This is the second time he is hosting this block party—there have not been any issues and invited the Village Board to stop by and join them. On a motion made by Trustee Heiser and seconded by Trustee Epstein,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES 1) Considering approval of minutes from meeting of July 26,2016 Mayor Rosenberg asked to adjourn the minutes to September 13,2016. Page 66 of 83 7 ADMINISTRATOR'S REPORT: a) Completion of the Rye Brook Sanitary Sewer System Capacity Management,Operation and Maintenance (CMOM)Program. Sewer system Update -providing awareness to public-the evaluation study is mainly to look at future needs. The CMOM has been written and competed-outlines how we respond to issues with our sewer systems- how we clean and maintain it-the budgeting and making sure it gets top attention. It is more than just of a report—this is just one piece of the evaluation of the sanitary sewer system. Paving is starting this week-listed roads that will be done -milling will start this week.Listing of roads will also be available on our website.All meeting videos are available on any computer device now-computer- tablet-phone-android-etc.Pine Ridge basketball court color-coding has been delayed by contractor. Dog wash was a great event—it was coordinated by village staff including our Community Outreach Committee. Staff volunteered their time Sunday - Shari Melillo-Alex Frank-Rose D'Ascoli—highway and parks staff. It was a very successful event and they raised just under$1000 for the Humane Society of Westchester which does a great job for all the communities they serve.Mayor added that it was a phenomenal event— staff outdid themselves and he thanked all that worked and coordinated this event. The Public Works and Parks Garage study meeting took place earlier this month. The Village is excited about this project-important to Village and very much needed. The process will be very public and transparent—the website will have updated information on the progress of this project. Chief Austin provided an overview of the bike helmet program for kids. They are working with the Maria Ferrara Children's Hospital. Rye Brook Police Officers will stop a child not wearing a helmet—explain to them the dangers and will be given a helmet free of charge provided by the hospital. The entire Board believes it is a great program. They also think that adults need to wear helmets as well and also reflective clothing when riding. 8 OLD BUSINESS: Page 67 of 83 9 NEW BUSINESS: 10 DISCUSSION ITEM: 11 UNFINISHED BUSINESS 12 ADJOURNMENT There being no further business,on a motion made by Trustee Epstein and seconded by Trustee Heiser, the meeting was adjourned at 8:40pm by unanimous voice vote. Page 68 of 83 REPORT TO: Board of Trustees FROM: Alexandra Frank DATE: August 23, 2016 SUBJECT: Considering Decks as a Pervious Surface DESCRIPTION: Considering Decks as a Pervious Surface RECOMMENDATION: The Village Board should discuss this item to determine if legislation should be prepared to modify Chapter 217 Section 7 of the Village Code. SUMMARY: This appeared as a discussion item on the Board of Trustees Meeting held on April 26, 2016. General Code provided two samples of zoning codes from municipalities in New York, Tarrytown and Cazenovia. Both Tarrytown and Cazenovia's Codes exclude open wood decks with spacing between floorboards from the definition of an 'Impervious surface' if they are located above a pervious surface (see attached). Samples from zoning codes outside of New York which included similar definitions of an 'Impervious surface' also included Trenton, NJ and Elmhurst, IL. The Village Planner, Marilyn Timpone-Mohamed of Frederick P. Clark Associates, was also consulted in the search for relevant legislation but was not able to find any additional sources. Page 1 of 15 Page 69 of 83 Sample Legislation Compliments of General Code Village of Cazenovia, Chapter 180. Zoning Article IL TerminolM § 180-9. Definitions. As used in this chapter,the following terms shall have the meanings indicated: IMPERVIOUS SURFACE Any material placed on or above the earth that substantially reduces or prevents the natural percolation of precipitation and melted snow into the soil. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas (whether hard-surfaced or not); driveways; sidewalks; patios and decks; sport courts; and pools. The following shall not be considered as impervious surfaces: A. Wood decks less than 200 square feet, if constructed with a space between each plank and if the deck is constructed over a pervious surface (1/2 of the area of such wood decks exceeding 200 square feet shall be considered impervious surface); B. Pathways six feet or less in width that employ grass pavers or porous paving and which are not intended for automobile use. Village of Tarrytown, Chapter 305. Zoning Article IL Definitions and Word Usage 305-5. Word usage; terms defined. A. Words stated in the present tense include the future, the singular includes the plural, and the plural includes the singular. The word "person" includes a corporation, partnership or other combination of persons. The word "lot"includes the word "plot." The word "building" includes the word "structure." The word "shall" is mandatory and not directory and does not indicate mere futurity unless the context clearly so requires. The words "Village Board," "Board of Appeals," "Planning Board," "Building Inspector" or"Code Enforcement Officer," "Village Attorney,"etc., mean, respectively, such officers or boards of the Village of Tarrytown. The term "Board of Trustees" means the Village Board. The term "certificate of compliance" means"certificate of occupancy."The term 'occupied"or"used" as applied to any land or building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." B. Unless otherwise expressly stated,the following terms, for the purpose of this chapter, shall have the meanings herein indicated. For purposes of clarity and uniformity throughout this chapter of the Village Code, some definitions may be regulatory in nature. Page 2 of 15 Page 70 of 83 Sample Legislation Compliments of General Code DECK An outdoor platform attached to the principal structure of a building and built above the natural grade. A deck does not have a roof and is exposed to the elements. IMPERVIOUS COVER Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water(e.g., building rooftops, pavement, sidewalks, driveways, etc.). IMPERVIOUS SURFACE AREA The sum of the area of coverage or footprint of all buildings, structures, paved areas, patios and other improved surfaces on a lot preventing natural runoff from percolating to the ground, measured in square feet.Areas paved with gravel, crushed stone and other pervious materials shall not be considered impervious. Open wood decks with spacing between floorboards shall also not be considered impervious if they are located above a pervious surface. Calculation of the total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site. Page 3 of 15 Page 71 of 83 City of Trenton,NJ Land Development Ordinance,Revised Chapter XIX(2010) Article I-General Provisions,§315-10.Definitions IMPERVIOUS SURFACE AREA-The sum of the area of coverage or footprint of all buildings, structures,paved areas,patios and other improved surfaces on a lot preventing natural runoff from percolating into the ground,measured in square feet.Areas paved with gravel,crushed stone and other pervious materials as well as open wood decks with spacing between floorboards shall not be considered impervious. Calculation of total impervious surface area on a site shall be based upon gross lot area,not the net developable area on a site. Maine Legislature Title 38:Waters And Navigation,Chapter 3: Protection and Improvement of Waters, Subchapter 1: Environmental Protection Board,Article 5-A: Natural Resources Protection Act Heading,§480-B.Definitions 5-13 Impervious area. "Impervious area"means an area that is a building,parking lot,roadway or similar constructed area. "Impervious area"does not mean a deck or patio. (updated 2011) Elmhurst,IL Code of Ordinances Article II-Building and Constriction Requirements,24.10-Impervious Surface Regulations for Residentially Zoned Properties(Updated 2014) a. Impervious Surface Definition.Impervious surface is land covered that cannot effectively absorb or infiltrate water,including,but,not limited to,non-porous asphalt or asphalt sealants,non-porous concrete,roofing materials,and gravel surfaces used as roadways or parking lots. (1) "Impervious surfaces" shall also include: (ii)Wooden or composite planked decks and patios without spacing between the planks and impervious area underneath; (2) "Pervious surfaces" shall include: (iii)Wooden or composite planked decks and patios with spacing between the planks and permeable area underneath; Becker County,MN Zoning Ordinance,Chapter 3-Nonconformities,Section 11-Mitigation Requirements for Nonconformities in Shoreland Areas B. Calculation of mitigation requirement units.The calculation of required mitigation units shall be based on the following provisions. 1.)Nonconforming impervious surface. Impervious surface is not allowed to exceed twenty-five percent(25%)coverage. Impervious surfaces include,but are not limited to: Page 4 of 15 Page 72 of 83 streets,roofs, sidewalks,driveways,parking lots,and similar facilities and areas covered with gravel,concrete,bituminous,compacted sand,lime rock,clay or other surfaces that substantially reduce or prevent the infiltration of water. Surface coverage between fifteen percent(15%)and twenty-five percent(25%)is allowed with offsetting mitigation. Each percentage point of impervious surface greater than fifteen percent(15%)represents five (5)mitigation requirement units. (1)Pervious decks.Decks shall be considered pervious if all of the following conditions are met: (1)Maximum material(board)width is eight inches(8");Becker County Chapter 3 Zoning Ordinance 17 (2)Minimum spacing between material(boards)is one-quarter inch (1/4"); and (3)The area under the deck is pervious material. Decks not meeting these requirements shall be considered as impervious. Wake County,North Carolina 2009 Wake County Hazard Mitigation Plan,Appendix E-Glossary Impervious Surface-A surface resulting from human activity that obstructs or prevents infiltration of water into soil. Impervious surface includes,but is not restricted to:buildings and rooftops;walkways,driveways,and parking areas that are paved or compacted by pedestrian or vehicular traffic; solid decks and patios;pavement;recreation facilities that are paved or compacted; and any other paved,compacted,or partially impervious surface.For purposes of calculating the percentage of impervious surface coverage,the area of the perimeter of the lot or parcel shall be regarded as the actual area of the lot or parcel. The water surface of a lake,pond, or swimming pool is not considered impervious.A wooden slatted deck is not considered impervious if the area below the deck is treated to prevent erosion and compacting of the soil below the deck. "Pervious"asphalt and "pervious" concrete are considered impervious if the surface's perviousness is expected to decrease under normal use or its subbase is compacted,as determined by the Engineering Division,Department of Community Development Services. Page 5 of 15 Page 73 of 83 Stormwater Management Practice Note NSC 02: Calculating Site Imperviousness This practice note has been developed to promote consistency when calculating site imperviousness.It has been developed for use with District Plan Rule 8.4.7 and is relevant to all Residential,Business and Structure Plan areas of the city but excluding Long Bay. 2.1 Impervious Area Limits Rule 8.4.7 sets the following limits on total site impciviousness: Table 2.1:Maximum Impervious Area Limits Residential& Business Zones e Structure Plan SMA Structure Plan Zones (excluding Mixed Use Overlay Area*) Zane Mixed Use Overlay Area* 1 50°6 80% 2 60�, 90'%, 3 W/o 90% 4 700 1000/, 5 70"0 1001Y) Note:This table is derived from Table 8.2 in the District Plan 2.2 Definitions The following District Plan definitions are relevant: Impervious Area Means any part of a site which is covered in a surface constructed of materials which are resistant to water passing through them and includes any area which: a. Falls xvithin the definition of building coverage b. Is paved with concrete,asphalt,pervious paving,roofed areas and decks c. Provide driveways and parking areas (including unpaved and metalled surfaces) d. Is occupied by swimming pools But does not include: • Paths and paving stones less than 1 metre in width provided they are separated from other impervious areas by at least 1 metre (including strip driveways with 0.5 metres between strips) of 15 Page 74 of 83 Stormwatet Management Practice-Note NSC 02—Calculating Site Imperviousness September 2009 • Retaining or garden walls within garden/lawns • Rain tanks up to 5m2 in area Note: Pervious paving, green roofs, uncovered wooden slated decks and swimming pools are counted as impervious area in terms of the calculation of total site imperviousness. However,the perviousness of these structures will be taken into account when calculating mitigation of stormwater runoff under Rule 8.4.8. Net Site Area In relation to a rear site means the difference in area between the total area of the site(gross area) and the area of its entrance strip. In relation to a front,corner or through site,net site area,gross site area and area shall have the same meaning. Road Corner site Front site Corner site a e Front site Rear site Entrance Front site strip ____ __ _ Through a site R 0 Rear Front site site Corner site Corner site Front site Road Permeable Area Means any,part of a site which is grassed or planted in trees or shrubs and is capable of absorbing water. It does not include am area which falls within the definition of impervious area. Self Mitigating Surfaces Means surfaces which while counted as impervious in terms of total site impervious area are able to mitigate stormwater runoff to an acceptable level, and include pervious paving, green roofs, uncovered slatted wooden decks over natural ground and swimming pools. 2-2 of 15 Page 75 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 2.3 Irnpervious Areas not Requiring On-site Stormwater Mitigation The following areas are not required to provide on-site Stormwater tnitigadon but are;ncluded in the calculation of total site imperviousness and may not cause site imperviousness to exceed [lie maximum impervious threshold in Table 2.1 above(see Rule 8.4.7.1 Table 8.2). • Small additions and accessory buildings—including paved areas, up to an aggregate area of 25m2. It was decided to allow minor additions of impervious area, (less than 25m) to proceed without the need for on-site mitigation. Note that this is not an allowance but a threshold above which the rule kicks in. TE an impervious area exceeds 25m' then the whole area is to be mitigated. • Pervious paving • Uncovered slatted timber decks over natural ground • Swimming pools • Green Roofs Note that stormwater runoff from these areas still needs to be disposed of in a manner which complies with Clause E1 of the Building Code and does not create a nuisance to neighbouring properties. 2.4 Site area for measuring Total Site Imperviousness The way* in which total site imperviousness is calculated will differ depending on whether the development is on a delineated area or a separate title,and also whether the lot is a rear lot, front Inc,corner lot,through lot or access lot. Separate Title For a separate title the measurement of total site imperviousness shall be based on the net site area.Rear lots will therefore exclude the access strip. Cross Lease In the case the case of a cross lease, the covenant area or delineated area shall be counted as the site area for the purposes of rule 8.4.7 and 8.4.8. Where clear delineated areas are not shown, or unclear,the parent site shall be used. Unit Title In the case of a Unit Title subdivision the impervious area for a multi-unit development,where individual titles have not yet been created will be calculated on the arca of the parent site. Any later modifications involving individual units will be on the Unit entitlement and Unit area and exclude any area of the common property. Jointly Owned Access Lots (JOAL) In the case of JOAL's or private roads, these are not included in the calculation for total site imperviousness, they are to be considered as roads and are therefore not subject to Rule 8.4.7 or 8.4.8,however appropriate Stormwater mitigation is required at subdivision stage. Right of Way(ROW) Where a ROW has been created for access purposes to a rear lot then the area of the ROW is included in the parent site area. 2-3 of 15 Page 76 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Only the coloured area on the figure below needs to be used for calculating total site imperviousness and any on-site stormwater mitigation requirements. Lot A Lot B Lot C Lot D J JOAL Privaatete Road Lot E Lot F Lot G Lot H — — — — — —— — — — — — — — — — — —— — — — — — — — — — — — — — Lot A Lot B Lot C Rear Lot with Access Strip &ROW Lot D Lot E Lot F — — — — — — — — — — — — — — — — —— — —— — — — — — — — —— Rear Lot Lot A Lot B with ROW Rear Lot with c Lot A Lot B pan handle e! Covenant Area A Covenant Cross Lease with Area B delineated areas -___Common Unit A entitlement �- Unit Title Common Subsequent development Unit B Unit B entitlement 2-4 of 15 Page 77 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 2.5 Measuring Total Site Imperviousness Table 2.2:Areas Included or Excluded from Total Site Imperviousness Type of Area Included Condition or Comment Roof Areas Yes The roof area and not the building footprint must be measured. Green Roofs Yes Self Mitigating Surface.See below. Paved Areas Yes All paved areas not exempt below. Wooden Decks Yes Self Mitigating Surface.See below. Pervious Paving Yes Self Mitigating Surface.See below. Unpaved Parking/Metalled Yes These areas with metal or shell are highly Driveway, compacted and do not allow soakage. Garden Sheds Yes See below. Sarimming Pools Yes Self Mitigating Surface.See below. Rain Tanks No If less than 5m'in arca. Paths less than lm Wide No As long as there is at least 1 metre of permeable area on both sides. As long as there is at least 1 metre of Strip Driveways No permeable area on both sides and 0.5 metre in middle. Grassed and Garden Areas No Pebble Gardens No Provided the areas are not used for parking or traffic access. 2-5 of 15 Page 78 of 83 Stormwatet Management Practice-Note NSC 02—Calculating Site Imperviousness September 2009 Paved Areas All paved areas not exempted by dic above definitions must be taken into account when calculating total impervious areas. Roof Area The total roof area including eaves is to be measured—not just the building footprint. � 1 E � 1 I � I 1 For existing roofs, measure the plan area of the roof at ground level below the edges of the roof (including eaves). For proposed buildings,the area can be calculated from the roof plan drawings (not the wall floor plan dimensions) as these include the additional area of the eaves. Green Roofs Green roofs are measured in the total impervious area calculation but are considered to be a mitigation method so is accounted for in achieving the required mitigation.These arc classified as self mitigating surfaces and do not require additional mitigation.This is only if the green roof has been designed and constructed to the required standards (see .Stonwmter Manageszeent Praetue Note NSC/�-). Wooden Decks Wooden decks are counted as impervious as there is little chance for vegetation to grow beneath the deck. They are classified as self mitigation surfaces if they are slatted/allowing water to pass through and located above natural ground and you are not required to provide any additional mitigation for these areas. Pervious Paving Pervious paving is measured in the total impervious area calculation but is considered to he a mitigation method so is accounted for in achieving the required mitigation. These areas are classified as self mitigating surfaces and do not require additional mitigation. This is only if the pervious paving has been designed and constructed to the required standards (see Storer inter Afanasernent Practice Note NSC 11). Unpaved Parking/Metalled Driveways Unpaved parking areas with compacted ground, metal or shell etc are considered as impervious and must be included in the impervious area calculation. Rain Tanks Rain Tanks with a plan surface area of less than Sm' can be excluded from the total site imperviousness calculation. 2-C age It of 15 Page 79 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Garden Sheds Garden sheds or ancillary buildings with a roof area of less than 10m2 are included in the impervious area calculation, but may not be required to provide stonnwater mitigation if constructed or installed at a later date. Paths less than 1m Wide Paths of less than 1 metre in width with vegetation on both sides may be excluded from the total impervious area calculation, (unless they are uvithin 1 metre of other impervious areas). Swimming Pools The area of a swimming pool is considered as impervious because the water is unable to infiltrate into the bound, but is not required to provide mitigation because of the storage volume provided between the normal pool level and the overflow level. A paved area of no more than 1 metre in width surrounding the swimming pool may be considered as part of the pool. Strip Driveways Strip driveways may be excluded from the total site imperviousness calculation as long as the strips are less than 1 metre wide and there is at least 0.5 metre of grass between the strips. There must also be at least a 1 metre width of vegetated area on both sides of the driveway. 2.6 Measurement of Impervious Areas in Relation to Rain Tanks Roof Area Connected to a Rain Tank This is the area that is used to determine the size of the rain tank and refers to those areas which drain to gutters that discharge into the rain tank. Make sure that only the area of roof that will be connected to the tank is measured.The area refers to the plan area of the roof.Decks should not be connected to the rain tank. Additional Area The additional area refers to a portion of the total impervious area on the site which may be provided without additional mitigation if a rain tank is provided. The rain tank is deemed to provide mitigation for these areas. For single purpose tanks of 3m' in residential areas and for a dual purpose rain tanks sized according to Table 8H.1 in residential areas the allowable additional area is an area equivalent to 25 per cent of the roof arca connected to a rain tank. For business areas the allowable additional area is varied depending on the amount of water use likely in the building.This is based on the roof area(connected to the rain tank)per occupant and assumes a rain tank sized according to Practice Notes NSC 08 and NSC 09. Table 2.3 below shows you how much additional impervious area is deemed to be mitigated by a rain tank in this situation. 2- of 15 Page 80 of 83 Stormwater Management Practice-Note NSC 02—Calculating Site Imperviousness September 2009 Table 2.3:Additional Impervious Area Mitigated by Rain Tank Roof Area per Occupant Additional Area Deemed to be Mitigated by Rain Tank Less than or equal to 71n'' An area equivalent to 35%of the connected roof area >7m'-—10ml An area equivalent to 25"In of the connected roof area > 10m2—16m2 An area equivalent to 1J%of the connected roof area Greater than 161,12 No addiunnal area Note:This table is derived from Table 8H.2 in the District Plan Roof Areas Not Connected to a Rain Tank Roof areas not connected to the rain tank are considered as other impervious area on the site and may form part of the Additional Area. 2-8 P.6, ti of 15 Page 81 of 83 Christopher Bradbury From: Susan Epstein <susanrepstein@hotmail.com> Sent: Tuesday, March 29,2016 3:41 PM To: Christopher Bradbury Cc: Michal Nowak Subject: permeable discussion Follow Up Flag: Follow up Flag Status: Completed RESEARCH: HERE IS THE LAST EMAIL: It is important to define "structure"specifically so that landowners and zoning staff are clear on what is and is not included. The definitions above do not address : •walkways• steps• sidewalks• fences•dog houses•bird houses• mail boxes• flag poles•fire rings•wood piles Types of surfaces to consider when crafting your impervious surface definition 3 Garrison,Paul et al. Implementation and interpretation of lakes assessment data for the Upper Midwest. Final report to the U.S. EPA. Grant No.X7-83254601.November 2008. pp.47-48 4 www.sawyercountygov.org/Departments/ZoningandConservation/tabid/70/Default.aapx WCCA NR 115 Guidebook 2-7 Some counties considered these surfaces to be impervious and some considered them pervious. 1. Open decks with at least a 1/4 inch space between deck boards with a pervious surface below. Many counties considered this to be pervious. 2. Grass-crete,pavers with voids that are filled with soil and then planted. If properly installed and vegetated correctly these can be considered pervious. 3. Gravel. Typical gravel materials used for roads and parking lots are engineered and compacted to withstand heavy loads. These compacted gravel materials form a seal through which water will not readily infiltrate. Runoff from gravel is similar to paved surfaces with only a slight reduction in runoff. It would be difficult to call a typical gravel driveway pervious. Many counties consider this to be impervious. 4. Permeable Paver System. The key word here is system. The pavers are just a cap for the pervious system below. They are expensive and need to be installed properly and maintained. The WCCA shoreland committee has concerns about products that are marketed as pervious and depend on installation,maintenance and long-term compliance. If counties are going to allow the pervious pavers,they should consider an operation and maintenance i Page 14 of 15 Page 82 of 83 agreement. Product representatives have recommended that on-site inspections should be required to ensure proper installation, and to ensure proper maintenance is occurring at 5 and 10 years. They require that contractors or product representatives ensure the systems stay pervious. Some counties consider permeable paver systems to be pervious and others do not. Pervious Decks Portions of pervious residential decks can be exempted from land coverage calculations. A deck is considered pervious if it has gaps that allow water to pass freely to gravel underneath, designed in accordance with the Best Management Practices Handbook available at www.tahoebmp.org.Process and criteria: BMPs can be currently installed and certified or installed and certified along with this project. This coverage exemption can only be authorized through a TRPA Single-Family project permit. •Remove all non-verified coverage,and mitigate 100 percent of any verified excess coverage. Use the attached worksheets to help determine the pervious deck coverage exemptions available on your property. Overhang Allowance("Height Reduction")If the edge of a structure, such as a deck,cave or porch roof,is high enough to expose a significant portion of the ground underneath to sun, snow and rain,then not all of it needs to be counted as land coverage.Process and criteria: •Allowed on any Qualified Exempt or permitted project. •Calculate the reduction at a 3:1 ratio for decks and other structures that are raised above ground level. For every three feet above ground (measured to the bottom of the structure),one foot of the horizontal overhang dimension may be excluded from land coverage calculations(see illustration below). •This "height reduction" provision is applied to both existing structures and new structures and should be accounted for in your land coverage calculations. •Please note that the height reduction for structures on a slope may vary from corner to corner. •This reduction should be calculated on any deck or overhang more than one foot above the ground. •This reduction should be taken prior to calculation of exempted coverage. 12' 8'-3'=5' 9' 5' 8' 6'Actual land coverage associated with the deck: =5' x 6' (30 sq.ft.)3' 5' TRPA-CovExempWorksheet 4 of 9 06/13 RESIDENTIAL COVERAGE EXEMPTION http://www.hamilton.govt.nz/our-council/council- publications/manuals/Documents/Three%20Waters%2OManagement%2OPractic e%2ONote s/HC C07%20-%20Permeable%20Surfaces.pdf 2 Page 15 of 15 Page 83 of 83 DR Village of Rye Brook Agenda Board of Trustees Meeting Tuesday, September 13, 2016 at 7:30 PM Village Hall, 938 King Street 1. 7:00 P.M. - EXECUTIVE SESSION: 1.1. Non-Union Compensation 2. 7:30 P.M. - REGULAR MEETING: 3. PLEDGE OF ALLEGIANCE: 4. REPORT/PRESENTATIONS: 5. PUBLIC HEARINGS: 6. RESOLUTIONS: 6.1. Setting a public hearing on a proposed local law modifying Section 240-20.1 of the Village Code increasing the number of winter overnight parking permits available in the Garibaldi Parking Lot. *Resolution: PH Local Law Garibaldi Parking *Proposed Local Law: Garibaldi Parking Lot - Extending Overnight Parking 6.2. Considering four(4) appointments to the Traffic Commission. *Resolution: Traffic Commission Appointments 6.3. Considering accepting a donation of Carbon Monoxide detectors for distribution by the Rye Brook Fire Department. *Resolution- CO Detector Donation *Donation Letter 6.4. Considering approval of an extension of the inter-municipal agreement with the NYS Department of Transportation for the 2016-17 snow and ice season. *Resolution: DOT Snow& Ice Agreement *Snow&Ice Agreement 6.5. Considering moving the Village Board meeting from October 11, 2016 to October 13, 2016 at 7:00 P.M. *Resolution: Rescheduling Village Board Meeting October 11, 2016 6.6. Considering the approval of the minutes for the meetings held on July 26, 2016 and August 23, 2016. *Resolution: Minutes *Minutes 07.26.16 *Minutes 08.23.16 7. ADMINISTRATOR'S REPORT: 8. OLD BUSINESS: 9. NEW BUSINESS: 10. DISCUSSION ITEM: Page 1 of 83 10.1. Considering Decks as a Pervious Surface *Considering Decks as Pervious - Staff Report 11. UNFINISHED BUSINESS 12. ADJOURNMENT THE NEXT VILLAGE BOARD MEETINGS ARE September 27, 2016 and October 13, 2016 Page 2 of 83 September 13,2016 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW MODIFYING SECTION 240.20.1 OF THE VILLAGE CODE INCREASING THE NUMBER OF WINTER OVERNIGHT PARKING PERMITS AVAILABLE IN THE GARIBALDI PARKING LOT BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby sets a public hearing on a proposed local law modifying Section 240-20.1 of the Village Code increasing the number of winter overnight parking permits available in the Garibaldi Parking Lot for a meeting of the Board of Trustees to be held on September 27,2016. Page 3 of 83 LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE A LOCAL LAW to amend Chapter 240 of the Code of the Village of Rye Brook regarding overnight parking licenses in the Garibaldi Parking Lot. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 240, Section 20.1, of the Code of the Village of Rye Brook is hereby modified as follows: §240-20.1-Overnight parking licenses. A.T-ffiUUp to eighteen parking licenses that authorize overnight parking in the parking lot serving Garibaldi Park(hereinafter "Garibaldi Parking Lot") shall be available to the residents of the Village of Rye Brook.Proof of residency is required.No more than two licenses shall be issued to residents who reside at the same address. The fee for the parking licenses shall be established by the Board of Trustees by resolution. These licenses shall not be available to park commercial vehicles or taxis. B. The provisions of this subsection shall apply only to the first 48 18 parking licenses issued. One parking license must be reserved for an individual with a handicapped permit or disability license plate to park in the designated handicapped parking space in the Garibaldi Parking Lot. The Village Clerk will set a deadline for the filing of an application for a parking license. If the Village Clerk receives more than 49 18 applications for a parking license by the application deadline,he will conduct a lottery to determine who will receive the parking licenses and the order of the applicants on the waiting list for the parking licenses. The date and location of the lottery shall be noticed as determined by the Village Administrator,and the lottery shall be conducted in public.After the lottery,the parking licenses will be issued upon the receipt of the applicable fee from the selected applicants. If the Village Clerk receives 4-0 18 or less than 4-0 18 applications for a parking license by the application deadline,he will issue the parking licenses on a first-come, first-served basis until 4-0 18 licenses have been issued.After the 44D 18th license is issued,the Village Clerk will start a waiting list for the parking licenses that will be added to on a first-come,first-served basis. C.The parking licenses may be renewed each year by filing a new application and paying the applicable fee by October 1. It is the responsibility of the holder of a license to renew it.No Page 4 of 83 renewal will be processed after October 1.Any parking license that is not renewed by October 1 shall be issued to the person at the top of the waiting list upon his or her payment of the applicable fee. D. After the first 4-0 18 parking licenses have been issued,the residents of the Village of Rye Brook may be added to the waiting list on a first-come, first-served basis by filing a parking license application with the Village Clerk. E. From November 15 to March 15 each year,the holder of a parking license issued by the Village Clerk under this section may park his/her vehicle in one of the 4-0 18 parking spaces on two parking lanes on the westernmost side of the Garibaldi Parking Lot only between the hours of 10:30 p.m.to 7:30 a.m. Only an individual with a current handicapped permit or a disability license plate may park in the handicapped parking space in the Garibaldi Parking Lot. The vehicles licensed to use these parking spaces shall be parked with their headlights directed to the western eside of the parking lot. F. The parking licenses shall be revocable at the discretion of the Village Administrator. The holder of a parking license may not assign,license or otherwise transfer it to another party nor otherwise permit anyone other than a member of his or her immediate family to use the authorized parking space.By accepting a parking license,the holder thereof agrees to: S11ndemnify and hold harmless the Village of Rye Brook for any injury or property damage he or she sustains as a result of the use of the Garibaldi Parking Lot pursuant to the license; and Indemnify the Village for any damages it sustains as a result of the holder's use of the Garibaldi Parking Lot pursuant to the parking license. G. The parking licenses shall be subject to the conditions set forth in this section of the Village Code as well as the conditions set forth in the permit application form adopted by the Village Clerk. H. All determinations concerning the issuance and/or revocation of a parking license shall be made by the Village Administrator in his sole discretion, and his determination shall be final. 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. Page 5 of 83 September 13,2016 RESOLUTION CONSIDERING FOUR(4)APPOINTMENTS TO THE TRAFFIC COMMISSION THEREFORE BE IT RESOLVED,that Steven Klein of 81 Bowman Ave Lawridge Drive be appointed to the Traffic Commission to fill a vacancy for a term that shall expire on the first Monday of April 2019; and BE IT FURTHER RESOLVED, that David Nadasi of 20 Woodland Drive be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2018; and BE IT FURTHER RESOLVED, that Jeffrey Nadler of 95 Brush Hollow Close be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2018; and BE IT FURTHER RESOLVED,that Judy Simon of 9 Lawridge Drive be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2017. Page 6 of 83 September 13,2016 RESOLUTION CONSIDERING ACCEPTING A DONATION OF CARBON MONOXIDE DETECTORS FOR DISTRIBUTION BY THE RYE BROOK FIRE DEPARMENT. WHEREAS,Michelle DiMiceli contacted the Village of Rye Brook to make a donation of 240 Carbon Monoxide detectors on behalf of the families and friends of Carl Persson and Joseph Pendrak, two Rye Brook residents who passed away from Carbon Monoxide poisoning in 2015; and WHEREAS, Michelle DiMiceli has requested that these detectors be made available for distribution to residents of Rye Brook and Port Chester through the Rye Brook Firehouse; and WHEREAS, Michelle DiMiceli has stated that this donation has an estimated value of$4,000.00 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby accepts the donation of 240 carbon monoxide detectors from Michelle DiMicelli, on behalf of the families and friends of Carl Persson and Joseph Pendrak, for distribution to Rye Brook and Port Chester residents through the Rye Brook Firehouse. Page 7 of 83 From: Michelle DiMiceli [mailto:mgdimoOgmail.com] Sent: Wednesday, September 07, 2016 10:13 AM To: Christopher Bradbury Subject: CO detector donation Dear Mr.Bradbury, Please accept this donation of 240 carbon monoxide detectors with an approximate value of $4000 on behalf of the families and friends of Carl Persson and Joseph Pendrak. On November 23,2015,3 days before Thanksgiving,our family lost two beloved members due to Carbon Monoxide poisoning. This tragedy could have been prevented if there were CO detectors in the home. In an effort to prevent this from happening to anyone else,we are donating these detectors to those who need them. They will be available at the Rye Brook Fire Department for residents of Rye Brook and Port Chester. Sincerely, Michelle DiMiceli CO Detectors/Save A Life 914-980-2957 40 Old Branchville Rd. Ridgefield,CT 06877 Page 8 of 83 September 13,2016 RESOLUTION CONSIDERING A SNOW AND ICE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE 2016/2017 SNOW SEASON RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement(#D010779) with the State of New York, Department of Transportation until June 30,2017 under which the Village of Rye Brook will receive an estimated payment of $17,674 ($1,578 per lane mile)for the 2016/17 snow season for snow and ice control on King Street and Westchester Avenue; 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. Page 9 of 83 NEWYORK Department of ANDREW M.CUOMO STATE OF _ Governor OPPORTUNITY_ Transportation NIAI i Rtw:j.DRlscurr k-ommissioner TODD WESTHUIS,P.E. REylunal Dimctur August 2y,2U10 Mr.Michal J.Nowak Supervisor of Yublic Works Dept.of Public Works Village of Rye Brook 938 King Sheet Rye Brook,NY 105/-1 Ke: Snow and Ice Agreement Extension 2016/17 Snow&Ice Season Dew. Mr.Nowak: Enclosed are the following tornis,which need to be filled out and signed by the appropriate representatives.Please return all original.,uhies tv my Office at the above address for processing: 1. Agreement to txtend Indexed Lump Sum Municipal Snow and Ice Agreemeat Tor the 2U 16/1/ Snow Season(Please till out both sides and sign as required)— 4 copies 2. Maps with color-coded mirage rosponsibility(Please sign all Map tags)—b wpics 3. Appendix A— 1 copy In addition to the above, six original copies of completed resolutions fur the Snow Season (certified and signed)with a raised seal from the Municipality-s governing body authorizing a Municipal Official to enter into the above extended agreement must be rututucd to this Uffcc. It you have any questions,please feel free to contact me at(914)-592-6557. TLuly yours, lly�m,P.E. Resident Program Engineer Page 10 of 83 contract# Mani„ipallty Ext o.asun Ragyi n v 13u iv,ro Village of Rye Brook/S.VVestcheoter cuanty 2016117 8 1 AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT This Agreement made this day of by and between THE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS, the COMMISSIONER and the MUNILAPALITY have entered into an Agreement No. D010r r9 entitled "Indexed Lamp Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Ayreement is for a period of three years commencing July 1:1996 and the said Agreement provides that the parties may at the end of each year uf the term of tete Agreement extend such term for an additional year;and WHEREAS, the present term of the Agreement,as extended, expires June 30,2016 and WHEREAS,Section 7 of the said Agreement pruvides that the COMM1551UNER shall Turnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereat,modified to show the changes,if any,to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual upaate of the cztimated expenditure to be determined by the COMMISSIONER subject to the provisiuns of Section 9 at the time fur extension uf the Agreement; WHEREAS:Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based un the intensity and severity of the winter season; NOW; THEREFORE. in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Iue Agreement Between New York State Department of Transportation and the MUMiCIPALITY'is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected 5y this Agreement are as delineated on the attached map, agreed upon by the COmMISSIONER and the MUNICIPAMTY'which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless uhanyed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the uriginal contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles Tor a total of for the ZU14110 season and for the remainder of the term of the Agreement commencing July 1, 2014, unless changed by future update. IIS WI i IQESS WHEREOF:This Agreement has been executed by the State,acting by and through the duly authorized representative of tMe COMMISSIONER:and the MUNICIPALITY,which has caused this Agreement to be executed by its duly antRori,-ed officer on Me date and year first above written. Over V Page 11 of 83 Agency Certification contract No. D010779 "In addition to the acceptance of this contract,I also certify that original copies of this signature paye will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY By BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) SS: COUNTY OF S. Westchester County ) On the day of in the year before me personally came to me known who, being by me duly sworn.did depose and say that he resides in New York that he is the of the municipality described in and which executed the above instrument:that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 12 of 83 MAP SHOWING VILLAut ur R Y t ISKUUK KtSPUNSuiILITY FOR SNOW&ICE CONTROL ON STATE HIUHWAYS tUK THE StASUNS OF zui4/i5-2u16/17 UUN I bK LANY,mMUN Uur i SACT LANE MILES 11.20 SNUw A-Nu ICE CONTROL SIUNED Ktu+UNAt ul!MuTuR vF OetRATIONS DATE SIUNtu FOR MUNICIPALITY uAI t Rye YYtv+wlr_v1LJJ G{JUfYI J o ��a r Lake 22 Hei ,is 120 120A Rye U MYEG"E � brook 684 pU RSE a 30 7 1W�°R Ey Port 2 28 e Chester a I 26 10 120A 120 125 127 5 95 0 3 S Cl 2 Page 13 of 83 uuntma# Movilcipaitity Ext.season Region D010779 I village of Rye BrauR/5 we.teFic.tar County Zu16n i a AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AtaREEMEN i This Agreement made this day of by and between THE PEOPLE OF i FIE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by ana through the Commissioner of Transportation of the State of New Yurk (hereinatter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinatter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNIL;IPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1.1996 and the said Agreement provides that the parties may at the ene of each year of the term of the Agreement extend such term for an aaditional year; and WHEREAS,the present term of the Agreement;as extended,expires June 30: ZU1 b:and WHEREAS,Section 7 of the said Agreement provides that the COMMISSIuNER shall furnish the MUNICIPALITY with a suitable map for each term of the Ayreement,or for any extendea term thereof,modifica to show the crianges,if any,to the State Highways attested by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the tip m fur extension of trIe Agreement-, WHEREAS,Section 9 of the said Agreement also providers fur an adjustment tu the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned'Indexed Lump Sum Snuw and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY.which shall be ettective for the remainder of the term of the Agreement cummencing July 1; 2016- unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be per lane mile for 11.2 lane miles fora total of $ 11,16/3.150 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF.This Agreement has been executed by the State,acting by and through the duly authurized representative of the COMMISSIUNER,and the MUNICIPALITY,whish has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. uver V Page 14 of 83 Agency CeRification Contract No. 13OiOii9 "In addition to the acceptance of this contract,I also certiry that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPHLITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE uF NEW YORK ) )Sb. COUNTY OF S.Westchester County ) On the day of in the year befure me personally came to me known who,being by me duly sworn,did depose and say that he resides in I New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governiny Body of said municipality pursuant to a resolution which was duly adopted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 15 of 83 iwAr SFluW inG VILLAUE uF Rvt BKuuK RESFuNSIBUTY PUR SNuw K lcE I.IJN I KUL vN STA i t RIuH WAYS FOR THE SEASONS Ul•_ 2u I vn s-iu I of 17 CENTEK LAM':MILES CON I KALI LANG rvIILGJ 20 SNOW AND ICE CONTROL SIUNED REGIONAL Dwhu I uR uF OPtKA I iuNS DATE SIUNED FvR MIUNiup7¢iTY DATE Rye ® ,�� vrwlvllwicn 0.0wrrI . pQur Lake zz Hei �tts ,zu. 120A .�� L li�> Rye U COME B raa�C 6Ei4 PU NASE 29 Port s 2 28 e Chester 9 N a i 26 C0 ,Q 12ua ,2� 125 127 �. 5 � 96 3 @ a 127 21/ M - Page 16 of 83 coidract# Municipality Ext season Region# 00 iur ra village of Rye Broolt i S vves[ctlester County zu 16711 8 AGREEMEN i 10 EXTEAu INuEXED EUMP SUM MUNICIPAE SAOvv AAD ICe AGRECmEIa i This Agreement made tRis day of I3y and between I RE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"S I A i E"),acting dy and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997-,and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended,expires June 30. 2016-and WHEREAS,Section t of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof;modified to show the changes;if any;to the State Highways affected by this Agreement. WHEREAS; Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS;Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season: NOW; TREREFORE, in consideration of tMe mutual covenants and 5enefits between the parties, WITNESSETH: 1. The aforementioned"Indexed lump Sum Snort and Ice Agreement Between New YorR State Department of Transportation and the MUNIt;IPALITY"is hereby extended fur a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the femainder of the term of the Agreement commencing July 1 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified n Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles fur a total of $ 17,673.60 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1; ZU74,unless changed by future update. IN WITNESS WHEREOF,This Agreement has been executed by the Stat.,acting by and through the duly authorized representative of the CuMMl5sIONER,and the MUNILIPALITY,which has caused this Agreement to be executed by its duly authorized offi,,er on the date and year first abuve written. uver V Page 17 of 83 Agency Certification Contract No. D010779 "in addition to the acceptance of this contract.I also ceRify that original copies of this signature page will be attached to all oiMer exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated S i ATE OF NEW YORK ) )SS COUNTY OF zi. Westchester County ) On tMe day of in the year before me personally came to me known who,being by me duly sworn,did depose and say that he resides in I New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly ad.pted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 18 of 83 MAP SHOW INO VILLAUt Or KYt BKvuK IZFSYONS®ILII r rvR SNvw ac wE LvN i KVL vN S LATE HIGHWAYS FOR THE SEASONS OF 2014715-m ion 7 LEN I GK LANG:MILS) I;vIV I KAL I L."L IYIIL'LJ 11.20 SNOW AND ICE CONTROL SICiNtU Ktli1VNAL UIKbU I OK Vr OYtKA 1 IVNS DATE SIGNED rOK MUNICIPALITY DATE =� bye �N �� VYLVJVJfLVJLt/ v�,vrr�J 22 Hui . tS 120 1ZUA wf� L 1�;> Rye U COUEGE PU SF Brook 3U 29 Port 8 2 28 Chester 9 a i 10 1ZUA S `� 26 120 (�✓} 125 127 5 95 1 1 3 4 127 21/ 22„ - Page 19 of 83 Uuntracts Municipality Ex[season Region# D010779 I vihi qe of Rye Brom t S.vve,tche.ter uvanty 201611 t is AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AuREEMEN This Agreement made this day of by and between THE PEOPLE OF I FIE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissiunerof Transportation of the State of New York (hereinafter reterred to as "COMMISSIONER"),and the of ine Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of TranspoRation and the Municipality of Village of Rye Brook dated December 2, 1997;and WFIEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended;enpires June 30:1016:and WHEREAS,Section 7 of the said Agreement provides that the uOnnMISSIuNER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof,modified to show the changes,if any:to the State Highways affected by this Ayreement. WHEREAS, Section 9 of the said Ayreement provides Tor an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions or Sertion 9 at the time for extension of tMe Agreement: WHEREAS,Section 9 of the said Ayreement also provides Tor an adjustment tu the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Ice Agreement Between New York State Department of TranspoRation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parrs thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Ayreement shall be $1,578.00 per lane mile for 11.2 lane miles for a total of $ 1[,613.60 for the 2014/15 season and for the remainder of the term of the Ayreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF,This Ayreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER.and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. uver V Page 20 of 83 Ayency Certification Cuntract No. D010779 "in addition to the acceptance of this contract,I also certity that original copies of this signature page will be attached to all other exact copies of this contract." TRE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) SS' COUNTY OF S. Westchester County ) On the day of in the year before me personaily came to me known�,,ho,being 5y mie auly sworn,did depose and say that he resides in I ive- York: that he is the of trte municipality described in a,id which executed the above instrument:that he executed said instrument by order of trte Governing 6o5y of said municipality pursuant to a resolution which was duly adopted on a cert1fied copy or such resolution attached hereto and made a part hereof. Nota y Public Page 21 of 83 wtAr SI1vW INU VILLAGE OF RYE BROOK RESPUNS IB ILII Y I-OR SNOW&ICE CON I RvL vN Si At t H IvH W A YS FvR i I9E SEASONS OF 2U l4/I -2l)l6/1/ CENTER LANE MILES CON I RAU r LANE MLL Lb SNOW AND ICE I I.GU CONTROL SIGNED REGIONAL DIKE(:I OR OF UPERA I IUNS DA t t SIUNED FOR mu-mutrALIT Y DATE VYLJltillLJILll ULYWIVI I pQ�e r l f{ILC 22 H e g,hi 12U 120A .✓'� L IC� UE Rye 6 HASE 41 Brook 30 1 AN�fl 1 29 Port e 1 Chester 9 IlU lYOA 26 12u 125 127 - 5 s5 D Q 3 4 127 Page 22 of 83 APPERVIA A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PELASE Krz I AIA i Rib DuuuMEA i FOR FUTURE REFERENCE. January 2014 Page 23 of 83 STAMORgU GGIU0E'Iun NYS COmmall m IIFMIXA STANDARD CLAUSL'S rUK NYS CUN I KAC IS wurract shall be void aiia of uu tu.ce and uncut u..lc.s the Contractor shall provide and maintain coverage during the life I no parties to file attached co.itract,license,lease,amendment of this contract for the benefit of such employees as are or othc. a6..,.-ma ur al.y k;..'a(nGen.attc., "tne contract" u, reyuned to be covered by the provisions of the Workers' "this contract") agree to be bund by the fallow;I.6 clauses Cv.npe.nsdtion Law. which are hereby made a part of the contract (the word "umitracto." nu.eirt ictets to arty party other than the State, 5. NON-DISCRIMINATION REQUIREMENTS. To the whethc. a c;of.trw:;w,- 6vccttsct, I;cemrc. le.snt, lessee of ally extent requited by Article 15 of the Executive Law (also Other party): Knowtl as the Human Kigtlts Law) and all Met State aua vcdmisl statutmy mud 'wu.titutioual nau-aisG unnfativu I. ExECu-i oKY CLAUSE. In accordance with Section 41 provisions, the Contractor will not discriminate aga;.,st al.y of the 5ratc ri..ance Law, the State .hall have ito liability employee or applicant for employment because of race,creed, under this co..tract m ncc um.tramu, oi to a..yo..e ase MyMiZI color, sex (inclu1tig geudei identity of expression); national funds appropriated and available for this contract, a.;gily sexual M iCIAdtiOtt, uulitaly statuesage. disability, predisposing genetic cha.acrc,;.tics,ulautal.tatus of &...est;c L. INUIN-ASSIUNMEN r CLAUSE. in accordance with violence victim status. Furthermore, in accordance with Sea,U,. I JS at me State hn.aiiCC Law,this MitraCt tidy uv[be Section 220-e of the Labor Law, if this is a contract for the assigned by the Contractor or;is Ii6ht,title m thele;n CO.IstruCtiOn, alteration of .epa;t Of d.ry public building of assigned, transferred, conveyed, sublet or otherwise disposed public wank a, fol the n..anuractwe, sale m d;.tribution of ut without ME State's previous written consent, and attempts materials, equipment or supplies, a..d r the .Aima that Th;. to do .o ate .lull and vu;d. Notwithstdiiding the foregoing, contract shall be performed within the State of New York, such pl;a. -,;tic,, CO3.5e.tl Of alt ass;g.uuent Ot a MitraCt Ict Cot tractut artees that neither it nor its subcontractors shall;by pursuant to Article Xi of the Statc Fu.auw Law -ay be .eab011 aI face.Geed,COIoI;d;sab;l;ty,sex,OI national Ought: waived at the discretion of the contracting agency and with the (a)discriminate h;I;I.g ages;I..t a..y Ncw Y o.k State citi'e" Concuf.et.ce Or the State Cumptroller where the original who is qualified and available to perform the work; or (b) -ontracr was suojEct to the State Comptroller's approval, disctminate against or intimidate any employee hired for the where the assignme.,t is duc to a .'w16auiaaTluu, iiiuigm of pertuimanee of wu,K unlet this contract. It this is a building consolidation of the Contractor's business entity or e.ac.p.;sc. scI v;cc cr-tract as dernled ;.. SEcuuff zjU at the Labo. Law: I he State retains its right to approve an assignment and to then, in accordance with 239 thc.cof, Cmaracta. .eyw.e that auy Cuiaraetoi demon.trate its responsibility to do agrees that neither it nor its subcontractors shall by reason of b..s;I.c.3 with the Statc. 1 he Cmaractu. .nay, noweve.,a.s.gu Ince; creed, color stational origin, age, sex or disability: (a) its right to receive payments w;Thu..t the State3 pn;ul .,;tic,. discii...i..ate It,nuu.g agau.st any New MIC State Citi/ell who consent unless this contract concerns Certificates of ;s q..al;ficd dial available t., p%rtvnn. rho w.,.K• o. (b) rart;u;patiutt pursuant to Article 5-A of the State Finance Law. discriminate against or intimidate any employee h;.cd fa, thz performance of work under this contract. Contractor is subject 3. COMPTROLLER'S ArrKOVAL. 1,, ac.u,ddn.CC with to hoes of $-'iu.UU pet poison pet day for any violation of Section 112 of the State Finance Law (or, if this contract ;s Scctirm 225-E o. Sectio..ZJY as well as possible teluuuatluu with the State University or City University of New York, of this co..tract a,,d f rt.tuic of all I.I .I.y.duc he.eu..du. tui Sectio.. s» of Section SL IS at the t3tication Law), if this a second or subsequent violation. MITraet CA=ds$DU,VUU('vt the uuwuwul tn.esnulds agluca to by the Office of the State Cc...prrullc. fof certaiI,S.U.N.Y. 6. WAKE AINU HQUKS rKUVISIONS. It this ;s a public and C.U.N.Y. contracts), or if this is an amendment for any �Ik cmaract caveIcd by Article S or me LabOI Law U. a amouia to a contract which, as so amended, exceeds said building service contract covered by Arriclz 9 tho,caf, .tatututy amUutit, of ;t, by this coutraet, the State agrees to Conuactor's employees nor the employees of its give .o...nh,ir, otne, tna.i money when the value OI subcontractors may be required or permitted to work more reasonably estimated value of —ch cell.;dc.ario.. Excee& tna.r the ntu...bcl Of IlOuts uI days stated u.said statutes;eAcept $10;000, it shall not be valid, effective or binding upon the as otherw;sc p.av;ded i.I the Laba. Law a,,d a. set Turin ;I. State uIIt;1 it has beets approved by the State Comptroller and prevailing wage and supplement schedules issued by the State filed in hi.attire. CO.nptrollei's app.Oval Of COutraCts let by Labor Department. Furthermore, Contractor and its the Office of Gene.al Se."C:C3;.Icyui.cd who,,such ea.Itract. .uMuntracto.s must pay at least file prevd;litt6 wage tate and exceed $85,000 (State Finance Law Section 163.6-a). pay m pr-;dc the p.eva.Gng supplc.n.ents, ;haul,IIg the Mwevet, .uch pie-approval shall not be required for any premium rates for overtime pay, as determined by the State m--tract c5tabLsneQ a. a CeutraltacCI eotrtraCt through the Labor Departtttent in accordance with the Labor Law. Office of Gene.al SG vlec. aI fan a punc;ha.E a.dE. o. atna Add;t;o...fly,etteotive Apt 11 28,20087 if this is a public work uansaction issued under such centralized contract. er-trart wvGcd by Article 8 or me Ldbo.Law,the CMttractoi understands and agrees that Ihu fir;..g of payrolls in a.harm& 4. WUKKEKS' CO-mmNSAI JUN BENEyulS. In consistent with Subdivision 3-a of Section 220 of the Labor accordance with Suedes.. 142 or the Sratc ri.aa..Ce Law,, this Law.hall be a condition precedent to payment by the State of Pa6c 3 January 2014 Page 24 of 83 STANDARD CIAOSIS FOR NYS CONTRACTS IRFIDOiA whereby a contracti.,g agency ,s ce,., ;ucd to c,.Nc..d e, dt c5 oppurtu„;ty wn;cn errec[uatc5 the t,u,Po5z;of th;s a,.ctiz;. 1 he expend funds in return for labor, services, supplies, contracting agency shall determine whether the imposition of equipmriA. mateuals 0r arty combination of the foregoing, to the requirements of the provisions hereof duplicate or conflict be Ncrto..ue8 rO._ o, .atdctea v. tunusncd t3 the cor,trat,t;,.g with ally such teaeral law dila ;t such aupl;cativn ol c0ntlict agency; or(ii)a w,;ttc„ agrcc...c„t ;. - crm of$1vu,w5.vv e,.i5t5 me umaractiug agency snail waive the aNNlicabiliry or whereby a contracting agency is committed to expend or does Section 312 to the e,.te.a of such duplication or conflict. expend funds for the acquisition, consuuction, demolition, Contractor will comply with all duly promulgated and lawful Irplaccmrcut, mrajOt ,cpa;, at tem0vatiotr Ot teal property and rules and regulations of the Department of Economic IZ vvCmGaa thc.,mc u. (u.) a wuttcu ag,Ccmma u ., . cness UcvelUpmentb Uivisivm UT Minthiry and mt WUemtt 's bustess of$100,000.00 whereby the owner of a State assisted housing ucvc1op.,,cnt Nertai..;,.g hc.cru. project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major 13. CONFLICTING TERMS. In the event of a conflict .CPan O. tcmOvativn Ot .cal Pr OPdty attd umP,Ovem,CntS bctwCem the terms vt the cOmtract (nwludmg ally a,ta all tha- n fm ­ch N Hca,ihc,,the f llew.,.g shall apply a„d by artach...c..ts thc,cto anal an r,,d,nc,.r5 dtacef)a„d the tc....s of signing this agreement the Contractor certifies and affirms that this Appendix A,the terms of this Appendix A shall control. it is Contractor's equal employment opportunity policy that: 1Z1.GQV EKIV11NG LAW. I nib c0utr4rt snail be govcu,-ca by (a) 1 nu Cm.tract-v, w.11 nut a.5c.nmuate agau.st cu.Nloyees o, the laws or the J[ate or New Yu,K cnwN[ whmc the t',dmal aNNl;ca,.ta to. z...Nloy,nc,a bccaosu of ­cc, c.ccd, celm, s..premacy clause requires otherwise. national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to 15. LATE PAYMENT. Timeliness of payment and any Ou.Ploy ana ut.114e uunvuty g.vup mtembcts ana women n. its uactest to be Pa.d to Coi,tracty, to, late Paymtemt shall be wu,k f,cc un Statc cc;ntract5 a„d -I'll ondcrtakc u, ce..tinoc S. z...cd by Article t l-A of the State F;„a,.cc Law to the existing programs of affirmative action to ensure that minority extent required by law. group members and women are afforded equal employment opportunities without discrimination. Atfirmative action shall 16. IVU AKKI'1 KA7 IUIV. 1),bputes utvolving this contract. ...ean .ec,o;tmc,.t. 2,nPloy.ne,a. fob aaa;gmncnt. P,omotibn_ ;.,clod;,.g the b,cach u. alleged bleach thmeof, .nay ..Z;t b, ul,grad;ngs,dc...oum.,tra,.sfer,layoff,or te,,.,;,.ario.,a„d.aces s..bm;aed to binding arbitrarion (except where statutorily of pay or other forms of compensation; authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. (b) at the request Ut the CuntraCtiug agunCy, the COntrtiCkh snail ,cqucat each em,Ploymteu[ agcucy, Iabo, u.ucu e, 1/.SEKVK:L UP MUCESS. L.add.acu to th.,u,cthzds of a,.thu.;�i-_d ,cpmsma tivz of we,ku;,s w;th which ;t has a service allowed by the State Civil Practice Law & Rules collective bargaining or other agreement or understanding, to ("CPLR"), Conuactor hereby consents to service of process furnish a written statement that such employment agency, upon it by registered or certitted mail;retu„r r.:Ce;Pt requested. IabO, uwOu O, represe,itative will not aiscrit„ittatc On the basis Se,vice he,eumde, snarl be Complete uP0„ U01117ractv.b actual or race- Ctecn, 0010.. ot'Mad 0ugmt. acn_ age, dI ay u. .ew.Pt of P,ecC35 c. opo., the stags ,wGNt of the ,cruu, ,,a,;tal 3tatu5 mA that such ­,v­ .cp,cszaa.dvc w--ill thereof by the United States Postal Service as refused or affirmatively cooperate in the v implementation of the undeliverable. Contractor must promptly notify the State, ;,r Contractor's obligations herein;and writing,Ut each and every change Ot aaa,eaN to which set v;cc or P.ocess ca,,be...ade. set­cu by the Statc to the last knew,. (c) the Cmarae[o, shall state, ;n all sal c;[alio„s o, add,cm shall be s..ffrc;e„t. Contractor will have thirty (30) advertisements for employees,that,in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportututies without disCrim ivati0u DCruusc Ut t a%C c.eea_ COIv._ ,dtiUnal Ottgnt_ acn_ age_ a;sab;lity e. 18. YKU"itsi i 1U1V UIV YUKCHASE UP I KUYICAL a„tal status. HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be Contractor will include the provisions of "a", "b", and "c" in acco,aamec with, but not limited to,the bpCGt,..atiO„a aura above. IIIeve,y bubCvutrart ovc, $2_-)_000.UU tu. the Pte V.5,en5 or SCctim, 10.3 of thr. Statc Law,(u3c of ce.atroct;o,,, dc...ol;t;e,,, cplacr...ma, ,,,aje, ICpa;,, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agetrcy a, political subdivis;o,t Or Public tot the bcnettcial use of the C011tractut. Section 312 does not bencnt uO,Pv,ativn.tlual;atatio,,t0, alt encmtPt;m,uncle, tn;s apply to: (;)wv,K.r,00&0t set vices umt'clatca to tnts Comtraet' law wall be the,CSPv„a;b;l;ty of the CO.,traCTU, t.cstabl;sh to o, (;;)e,,,t loyu,eut outs;de New York State. The State shall meet with the approval of the State. consider compliance by a contractor or subcontractor with the ,equiremremts of ally teae,al law comccnung equal ctmploym,Emt Page 5 January 2014 Page 25 of 83 SInNCnNN CIAMS tun NYS CUWMCTS ArFE11NNln the contract, the Department of Civil Service zu d the Stag li,,,ited to, imt osi„g sanctions, seeking compliance, Comptroller. recovering damages,or declaring the Contractor in default. L4. Y KUCUKLIVILIVI LUISBYINU. 10 The entcut thin Inc state ag'encoy te3ct Vez,the IIgnt to Icj,cut ally OiQ_ Icyucst agreement is a"t,rocu.e,,,a.t co„tract°a3 dcfi,.Cd by fb. a33igwud,t,,a ucwal m cntcusi0,l f0l a.,c,,tity that at,t,ca,s State Finance Law Sections 139-j and 139-k,by signing this on the Prohibited Entities List prior to the award,assignment, dr,imment the Contractor certittes -and affirms that all renewal or extension of a contract, and to pursue a a.3Clu3wc3 n,ad'c fll aCUutaauCc with State rntatim Law ,estrus ibi Lty,evicw witn,c3Ncct to ally entity that i3 awa,aea Seut,7„3 139-1 m.d 139-k arc"n.t,1mc,truce Sud ai;culatr. 1u a cul aract and appua.. 0u me Y,vn,b,tc4 L,at"E. Imt artel the event such certification is found to be intentionally false or contract award. intentionally incomplete, the State may terminate the dgreen.ettt by Nrovianrg written notittCation to the Contractor ui accol Um.c;r with the tel u,s ut Inc ag,ceutcut. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CER I AIN S 1 AI_U IUN I KAU I ORS, AF ILIATKS AIVU SUDCON I KAC 1 UKJ. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the Certftrcati0n teyunCa by Ian Law Section!I-it at it auung the tC, ..ur the ru.,trait,the uct,dn—cla ur lanatim,and ru,5.Xc or the covered agency, as defined by Tax Law 5-a,discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material OtCaCh Ot thin GOutract dila tnis COutraGt nmy be ter uuuated,by t»Jv idil.g —'a— ,.mincat'm,to me Cuutra,tul i,I aCCOlaaucc with the terms of the agreeme,.t, if the covc,cd age„z;y determines that such action is in the best interest of the State. 60.MAIN UI V ES UVILIV 1 AU I. rsy euteuug udu this Agrcmn.e„t,CunnrZlMG,zrriific3 i.,auzulda..ce with Stare Finance Law§165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New Y U,K Stat-.hall Ui vestment Act of ZU I Z”("ter Ohibitea butitics LI3Y)t,v3tca at: httt,://w.v w.0ga_i.y.�.0v/ab0ut/I cg3/decs/Li3t—vfEutitie3.t,df Contractor further certifies that it will not utilize on this Contract any 3uboi,adut0, that I3 identiLea Gil Inc riuhibitea Cnt,tic3 1,131. COurrarto, ag,ces that 3nuu0 It 3cGK to IM.EW 0. extend this Contract,it must t,ro.ide the 3a...c certifiea6o„at the time the Contract is renewed or extended. Contractor also agrees that any ptot,osed Assignee of this Contract will be Ie4w ea t0 iertlly that It is u0t oil Inc ViOnIMI-.Q CnGt103 Lwt befo,c the,,o,.traer a33ignn,c.,i Will be appo.ed by the Stag. During the term of the Contract, should the state agency tuccIVc nttuuuatiuu that a petsOu(as aentrea ut State 141115uce Law 13 w v,01aUou ur me above-I Ctd eueea certifications, the state agency will review such information and offer the person an opportunity to respond. If the person tails to aemottstrate that it has ceasea its engagement in the u,vcstnleut act.vlty wniih I3 uI vi0latiou Or Inc Act wIthnl 90 days afte, the dctu,,..i„atio., of inch violzrtI'7 I, the„ the Matc agency shall take such action as may be appropriate and t,Ioviaea tot by law, rule, of contract, including, but not Page 7 January 2014 Page 26 of 83 September 13,2016 RESOLUTION CONSIDERING MOVING THE VILLAGE BOARD MEETING FROM OCTOBER 11,2016 TO OCTOBER 13,2016 AT 7:OOPM. NOW THEREFORE BE IT RESOLVED, that due to a scheduling conflict with Yom Kippur, the Village of Rye Brook Board of Trustees hereby approves that the Village Board meeting be moved from October 11, 2016 to October 13, 2016 at 7:OOPM . Page 27 of 83 September 13,2016 RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON JULY 26,2016 AND AUGUST 23,2016. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees approve the minutes for the meetings held on July 26, 2016 and August 23, 2016. Page 28 of 83 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JULY 26,2016 AGENDA 7:00 P.M.—EXECUTIVE SESSION 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS PUBLIC HEARINGS RESOLUTIONS: 1. Considering setting a public hearing_ an amended site plan at property located at 1100 King Street (Reckson ExecugVe Park) to construct exterior improvements including a pavilion and seating afea, volleyball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2. 2. Considering the request for removal of a significant tree at 278 North Ridge Street. 3. Considering an inter-municipal agreement between the Village of Rye Brook, Town of Rye, and the Port Chester School District to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. 4. Considering an inter-municipal agreement between the Village of Rye Brook and the County of Westchester for a Flood Mitigation Project grant to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. 5. Considering the conditional appointment of Firefighter(s). Board of Trustees Meeting July 26,2016 1 Page 29 of 83 6. Considering an agreement with Graybar as part of the US Communities Program to coordinate and install LED street lights throughout the Village. 7. Considering authorizing the purchase of a John Deere 1575 Commercial Front Mower on the basis of best value through NJPA. 8. Considering authorizing the use of Village Streets for the Wall Street Rides For Autism Research event on Saturday, October 8, 2016. 9. Considering the approval of the minutes for the meetings held on June 14, 2016, June 28, 2016, and July 12, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM UNFINISHED ITEM ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Regular Meetings: August 23, 2016 and September 13, 2016 BOARD: Trustee Susan R. Epstein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg Board of Trustees Meeting July 26,2016 2 Page 30 of 83 Excused: Trustee David M. Heiser Trustee Jason A. Klein VILLAGE STAFF: Christopher Bradbury,Village Administrator Alex Frank,Village Administrative Intern Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Tuesday, July 26, 2016 Board of Trustees meeting. He noted that the Board just came from an Executive Session on Legal matters & advice regarding the Fire Protection A ement by and between the Village of Port Chester and the Village of Rye Brook. Mayor Rosenberg stated that Trustee Jas Kle and Trustee David Heiser were excused from attendance at the meeting. He note e was a quorum, however, in order for a resolution to be adopted the appli w n d to have three affirmative votes. Mayor Rosenberg called for t first n the agenda: RESOLUTIONS: 1. Considering setting a public hearing for an amended site plan at property located at 1100 King Street (Reckson Executive Park) to construct exterior improvements including a pavilion and seating area, volleyball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2. Mr. Christopher Bradbury,Village Administrator,read the following resolution: Board of Trustees Meeting July 26,2016 3 Page 31 of 83 RESOLUTION SETTING A PUBLIC HEARING FOR ON APPLICATION FOR AN AMENDED SITE PLAN AT PROPERTY LOCATED AT 1100 KING STREET (Reckson Executive Park) VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, Reckson Operating Partnership L.P., property owner, submitted an application for approval of an Amended Site Plan Approval, Wetlands Permit and Steep Slopes Permit to construct exterior improvements at Reckson Executive Park, including a pavilion and seating area, volley ball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 King Street, Rye Brook, New York, which also is own and designated on the Tax Assessment Map of the Village of Rye Broo s ection 124.8 1, Block 1, Lot 1 and Section 124.82,Block 1, Lot 1 (the"Prope ; and WHEREAS, the Board of Trustee t -the proval authority for the Amended Site Plan pursuant to Village Code §20-0-LA(1) and the Planning Board is the approval authority for the Wetland Permit and Stee Slopes Permit pursuant Chapters 213 and 245 of the Village Code; and WHEREAS, the Board o tees, pursuant to the State Environmental Quality Review Act (SEQRA) determines e proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, on May 10, 2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation; and WHEREAS, on July 14, 2016 the Planning Board issued its Report and Recommendation to the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 23, 2016 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the above-referenced application. Board of Trustees Meeting July 26,2016 4 Page 32 of 83 BE IT FURTHER RESOLVED, that the Board of Trustees 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 directs that pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of public hearing shall be sent to the Town of Greenwich and the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. 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. William Null, Esq. addressed the Board as legleepresentative for the applicant. He noted that applications for an amended Site 4n, etlands Permit, and Steep Slopes Permit to construct exterior improvements inc udi a pavilion and seating area, volleyball court,two (2)bocce courts, and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 Ding Street have been submitted to the Village. The Board of Trustees referred this matter to the Planning Board. A report and recommendation of approval was made at the Planning Board's July 14, 2016 meeting. The application is now before oa o�rustees, who has final approval authority, to set a public hearing. `` Mr. Bradbury noted that notice as been sent to the Westchester County Planning Department, and to Harrison and Greenwich. Mayor Rosenberg stated that this matter should be set for the Board of Trustee Meeting scheduled for August 23, 2016. With the consensus of the Board, the public hearing was scheduled. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 5 Page 33 of 83 2. Considering the request for removal of a significant tree at 278 North Ridge Street. Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING A REQUEST FOR THE REMOVAL OF A SIGNIFICANT TREE AT 278 NORTH RIDGE STREET WHEREAS, the property owner of 278 Nr h Ridge Street has submitted a tree removal application to the Village of Rye Brook WHEREAS, under section 235-21 o e illa of Rye Brook Village Code no Significant Tree over 36" DBH shall b o without the approval of the Village Board of Trustees; and WHEREAS, said tree is con ignificant Tree. NOW, THEREFO BE SOLVED, the Board of Trustees hereby approves the Tree Removal Pe ' a lication made by the property owner of 278 North Ridge Street for the removal of the flowing: One (1)Elm Tree approximately 32"in diameter DBH AND BE IT FURTHER RESOLVED, the property owner of 278 North Ridge Street shall replant two (2) 2.5"trees as required by code in consultation with the Village Superintendent of Public Works. Board of Trustees Meeting July 26,2016 6 Page 34 of 83 On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mayor Rosenberg noted that he read report submitted by Mr. Nowak, Village Engineer, where he noted that the tree was 85% dead on one side. Obviously it needs to be removed. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg asked for one resolut��io o b to out of order. 5. Considering the conditional app *n'h en of Firefighter(s). Mr. Christopher Bradb re wing resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF A FIREFIGHTER NOW THEREFORE BE IT RESOLVED, that John C. Giordano, Jr. of 25 Monroe Place, Rye Brook, New York is hereby conditionally appointed to the position of Firefighter with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $67,399 with an effective start date of August 14, 2016. Board of Trustees Meeting July 26,2016 7 Page 35 of 83 Mayor Rosenberg noted that John Giordano, a prior Rye Brook employee, was being hired as Firefighter. This offer is conditioned on passing a medical exam. The goal is to hire two (2) Firefighters with each one assigned to each of the two evening shifts (3 days on/3 days off). The Board hired Mr. Giordano this evening, and a second fire fighter will be hired at a later date to mitigate the damage done by the Village of Port Chester. He thanked the fire fighters for staffing the fire house overnight. Mr. Bradbury noted that Mr. Giordano worked for the Parks Department and did a great job. The Village is glad to have him back. He congratulated Mr. Giordano, and noted that he would be starting mid-August. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein v ing e Trustee Jeffrey Rednick #<i ting aye Mayor Paul Rosenberg v g aye 4. Considering an inter- 'unicip�lal greement between the Village of Rye Brook and the County of Westchester for a Flood Mitigation Project grant to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. Mr. Bradbury read the following resolution: Board of Trustees Meeting July 26,2016 8 Page 36 of 83 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE COUNTY OF WESTCHESTER FOR A FLOOD MITIGATION PROJECT GRANT TO SHARE FUNDING FOR A FLOOD MITIGATION STUDY IN THE VICINITY OF AVON CIRCLE,AS WELL AS DOWNSTREAM,INCLUDING BOWMAN AVENUE AND THE AREA WEST OF THE PORT CHESTER MIDDLE SCHOOL BUILDING WHEREAS, the area along the eastern Branch of the Blind Brook in the Village of Rye Brook between the Rye Ridge Condominiu own as Avon Circle and the lower pond on Bowman Avenue has historical ex enced significant flooding and negatively impacted and caused damage to sid tial properties and Port Chester Middle School properties; and IX WHEREAS, the Village of Ryd gook, the Town of Rye, and the Port Chester Union Free School District have received a Flomd Mitigation Study proposal from Dolph Rotfeld Engineering, P.C. d' d July 14, 2016 (the "DRE Study") to seek ways to improve these flooding conditions; and WHEREAS, the DRE Study would evaluate flooding conditions in the vicinity of Avon Circle as well as downstream areas including Bowman Avenue and the vicinity of the athletic fields immediately west of the Port Chester Middle School building; and WHEREAS, the DRE Study proposal fees for Phase 1 and Phase 2 are estimated to be $95,000.00 for investigation survey, hydraulic modeling and preliminary engineering, which includes $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School; and WHEREAS, in 2011 Westchester County adopted a Stormwater Management Law and developed a program whereby funding is available to eligible municipalities for flood mitigation or flood damage reduction projects if such projects are included in the reconnaissance plans prepared for each major drainage basin; and Board of Trustees Meeting July 26,2016 9 Page 37 of 83 WHEREAS, flooding and the need for a flood improvement project in this area has been identified in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound Watershed (August 2013) making the vast majority of the DRE Study eligible for municipal funding assistance through the Westchester County with the exception of the $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School which is also included within the study; and WHEREAS, the Village of Rye Brook, with the support of the Town of Rye and Port Chester Union Free School District, has submitted a Stormwater Management Law Flood Mitigation Project Application Form to the County of Westchester seeking 50% of the costs of Phase 1 and 2 of the DRE Study in an amount not to exceed$50,000; and WHEREAS, the remaining 50% of the costs would be shared as follows: Rye Brook 25% (up to $25,000), the Town of Rye 12.5% to $12,500), and the Port Chester Union Free School District 12.5% (up to $12,5 ; a WHEREAS, the Village of Rye Broo has pared an inter-municipal agreement for the consideration of the Village of Rye t Town of Rye, and the Port Chester Union Free School District outhkan igations of the Village of Rye Brook, the Town of Rye, and the Port C eree School District for this cost sharing commitment and coordinatio of and school district efforts (the "IMA"), as more particularly described in th WHEREAS, the Village of Rye Brook, on behalf of the Town of Rye and the Port Chester Union Free School District, would further agree to coordinate and take the lead municipal role on the Westchester County stormwater application and project coordination with Westchester County, including the approval of a separate inter- municipal agreement between the Village of Rye Brook and Westchester County for Westchester County Phase I stormwater funding of this project; and WHEREAS, Phase 1 and 2 of the DRE Study consisting of design and feasibility studies is a Type II action pursuant to Section 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA") and therefore no further environmental review is required for Phase 1 and 2. Board of Trustees Meeting July 26,2016 10 Page 38 of 83 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board is in full support of this flood mitigation project, the DRE Study, the funding commitments, and the submission of an application to Westchester County for flood mitigation funding; and be it FURTHER RESOLVED, that following the full execution of the IMA between the Village of Rye Brook, the Town of Rye and the Port Chester Union Free School District, the Mayor and Administrator are authorized to sign the Westchester County Phase I Stormwater Management Law Funding Program IMA between the Village of Rye Brook and the County of Westchester and also execute all additional documents as may be necessary for the purpose of receiving Stormwater Management Law Phase I funding assistance for this flood mitigation project; and be FURTHER RESOLVED, that the e ye Brook agrees to take the lead to coordinate the DRE Study and the flood mitigation project and any related paperwork and payments or reimbursements requ' - 'nthe project proposal and related agreements with Dolph Rotfeld Enginee ' a ounty of Westchester. Mr. Bradbury noted that he read resolution #4 before resolution 3. The two resolutions actually go together. He gave a brief overview of the resolutions and what brought them on. He noted that the Village of Rye Brook, Town of Rye and Port Chester School District are working together to address flood mitigation projects that would help the residents on Bowman Avenue, in Avon Circle and other areas as well as the school district properties in the middle school athletic field area. Residents can go to the Village's website to see videos of storms from 2007. The first step was to hire Dolph Rotfeld Engineering to review the area and suggest ways to remediate the flooding. There is funding available through the County due to the Village including a project in the Avon Circle area in the LI Sound Reconnaissance Plan. An IMA between the Village, Town and School district would allow for the remaining 50% of the project costs to be paid by the Village (25%), the Town (12.5%) and the School District (12.5%) will be put in place. The Village has allocated $25,000 for this Board of Trustees Meeting July 26,2016 11 Page 39 of 83 phase of the studies for this project in its 2016-17 annual budget. The Village would also take the lead project role with the three agencies and also the County. An IMA is noted in resolution #3, and it establishes the funding between the Village, Town and School district. This IMA between the Village and County is needed to move the County's funding application forward. The Village has allocated $25,000 for this phase of the studies for this project in its 2016-17 annual budget. The Village would also take the lead project role with the three agencies and also the County. This is only Phases 1 and 2 of the DRE study and a Phase I IMA with the County. Based on the outcomes, DRE's Phase 3 and a WC Phase Il IMA may be needed at a later date. There is a second IMA with the County, which will not be signed until the first IMA is in place. The application will go to the Westchester ounty Advisory Board, and then it will be presented to County Officials. ,e. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan tein voting aye Trustee Jeffrey Re nick voting aye Mayor Paul Rosenberg voting aye 3. Considering an inter-municipal agreement between the Village of Rye Brook, Town of Rye, and the Port Chester School District to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. Mr. Bradbury read the following resolution: Board of Trustees Meeting July 26,2016 12 Page 40 of 83 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK,THE TOWN OF RYE AND THE PORT CHESTER SCHOOL DISTRICT TO PARTICIPATE AND REQUEST FUNDING FOR A FLOOD MITIGATION STUDY WHEREAS, the area along the eastern Branch of the Blind Brook in the Village of Rye Brook between the Rye Ridge Condominiums known as Avon Circle and the lower pond on Bowman Avenue has historically ex erienced significant flooding and negatively impacted and caused damage to bot sidential properties and Port Chester Middle School properties; and WHEREAS, the Village of Rye Bro the wn of Rye, and the Port Chester Union Free School District have received a o gation Study proposal from Dolph Rotfeld Engineering, P.C. dated y 4, 016 (the "DRE Study") to seek ways to improve these flooding conditi WHEREAS, the DRE Stu wo d evaluate flooding conditions in the vicinity of Avon Circle as well as downstrea reas including Bowman Avenue and the vicinity of the athletic fields immediately west of the Port Chester Middle School building; and WHEREAS, the DRE Study proposal fees for Phase 1 and Phase 2 are estimated to be $95,000.00 for investigation survey, hydraulic modeling and preliminary engineering, which includes $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School; and WHEREAS, in 2011 Westchester County adopted a Stormwater Management Law and developed a program whereby funding is available to eligible municipalities for flood mitigation or flood damage reduction projects if such projects are included in the reconnaissance plans prepared for each major drainage basin; and Board of Trustees Meeting July 26,2016 13 Page 41 of 83 WHEREAS, flooding and the need for a flood improvement project in this area has been identified in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound Watershed (August 2013) making the vast majority of the DRE Study eligible for municipal funding assistance through the Westchester County with the exception of the $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School which is also included within the study; and WHEREAS, the Village of Rye Brook, with the support of the Town of Rye and Port Chester Union Free School District, has submitted a Stormwater Management Law Flood Mitigation Project Application Form to the County of Westchester seeking 50% of the costs of Phase 1 and 2 of the DRE Study in an amount not to exceed$50,000; and WHEREAS, the remaining 50% of the costs would be shared as follows: Rye Brook 25% (up to $25,000), the Town of Rye 12.5% to $12,500), and the Port Chester Union Free School District 12.5% (up to $12,5 ; a WHEREAS, the Village of Rye Broo has pared an inter-municipal agreement for the consideration of the Village of Rye t Town of Rye, and the Port Chester Union Free School District outh a igations of the Village of Rye Brook, the Town of Rye, and the Port C e ree School District for this cost sharing commitment and coordinatio of 1 al and school district efforts (the "IMA"), as more particularly described in th ; and WHEREAS, the Village of Rye Brook, on behalf of the Town of Rye and the Port Chester Union Free School District, would further agree to coordinate and take the lead municipal role on the Westchester County stormwater application and project coordination with Westchester County, including the approval of a separate inter- municipal agreement between the Village of Rye Brook and Westchester County for Westchester County Phase I stormwater funding of this project; and WHEREAS, Phase 1 and 2 of the DRE Study consisting of design and feasibility studies is a Type II action pursuant to Section 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA") and therefore no further environmental review is required for Phase 1 and 2. Board of Trustees Meeting July 26,2016 14 Page 42 of 83 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board is in full support of this flood mitigation project, the DRE Study, the funding commitments, and the submission of an application to Westchester County for flood mitigation funding which will also require the Village of Rye Brook to approve a separate Phase I Stormwater Management Law Funding Program IMA between the Village of Rye Brook and the County of Westchester; and be it FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign the IMA between the Village of Rye Brook, Town of Rye, and Port Chester Union Free School District, and is further authorized to execute all additional documents as may be necessary to satisfy the terms of the resolution and the purpose of the IMA; and be it FURTHER RESOLVED, that if the IMA is approved by the Village of Rye Brook, the Town of Rye, and the Port Chester Union Fre chool District, and the separate IMA is also subsequently approved between the a f Rye Brook and the County of Westchester, the Village agrees to take the co inate the DRE Study, the flood mitigation project, the County IMA in n, and any related paperwork and payments or reimbursements require t proposal and related agreements with Dolph Rotfeld Engineering and the Westchester. Mr. Bradbury noted that this re uti highlights putting the funding in place. The two resolutions are on the same path. e IMA is being prepared by Village Counsel. The Village is committed to this project. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 15 Page 43 of 83 6. Considering an agreement with Graybar as part of the US Communities Program to coordinate and install LED street lights throughout the Village. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF A CONTRACT FOR LED STREET LIGHTING VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook wishes to authorize the approval of a LED Street Lighting contract with Graybar Electric Co any, Inc. through U.S. Communities Contract No. MA-IS-1340234 for the materialsght and labor for the installation of said LED Lighting throughout the Village; a WHEREAS, Graybar Electric Comp ny was awarded said contract through U.S. Communities Contract NO. MA-IS-1340234 on the basis of it being the lowest responsible bidder, and Rye Brook's piggybacking of this contract is authorized by New York State General Municipa =aw; and WHEREAS, it is in the interests of the Village to approve this contract, which was awarded on the basis o the lowest responsible bidder, because the purchase and installation of this LED lighting is expected to result in savings of electrical and other costs to the Village over time, is environmentally friendly and will conserve energy, and the manufacturer has a reputation for providing quality goods and services; and WHEREAS, on or about May 15, 2016, the Village received a proposal for the materials, oversight and labor for basic LED street lighting at a price of $232,502.84, which amount is based upon an estimate price per fixture type and size; and WHEREAS, the Village desires to purchase an additional sampling of approximately fifty (50) LED street lights with interactive wireless monitoring and diagnostic capabilities at an additional estimated cost of $293.75 per fixture which includes software costs in accordance with this contract. Board of Trustees Meeting July 26,2016 16 Page 44 of 83 NOW, THEREFORE, BE IT RESOLVED, that Board of Trustees hereby authorizes the Village to enter into U.S. Communities Contract No. MA-IS-1340234 with Graybar Electric Company Inc., awarded on the basis of said company being the lowest responsible bidder, in an amount not to exceed of$250,000.00, subject to the approval of its Village Attorney; and BE IT FURTHER RESOVLED, that the Mayor and the Administrator are authorized to sign any documents necessary for the implementation of this Resolution. Mayor Rosenberg noted that the Village has explored several LED street lighting programs. This has been a long time coming. This project will save the Village almost 60% of what is now being spent in kilowatt hours — this is almost $50,000 per year in savings. This is tremendous savings. The LED li hting is also good for environment. The proposed lighting, Philips Lumec, is exce t lighting where everything appears sharper. Mr. Bradbury noted that there was a d in is since the Village began looking at replacing the street lighting. The payback o c st standpoint will be under five years. Several different fixtures were loo e at d the Philips Lumec street lighting was chosen. It is noted that the American di 1 Association (AMA) has recently made a policy statement that recommend 3,000K(Kelvin) and no higher for LED street lights. The village would purchase the 3,000K lights and select the different wattage for the lights depending upon locations. The price does not change based on Kelvin levels. This is a great program. The Village has budgeted$255,000 for this project. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 17 Page 45 of 83 7. Considering authorizing the purchase of a John Deere 1575 Commercial Front Mower on the basis of best value through NJPA. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE PURCHASE OF A COMMERCIAL LAWN MOWER VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village Parks and Recre n Superintendent has recommended that the Village Board of Trustees authorize t p ase of a commercial lawn mower (John Deere 1575 Commercial Front Mo r) or e by the Parks Department in maintaining Village-owned fields; and WHEREAS, Deere & Comp1a�s awarded NYS OGS Contract PC66663/NJPA Contract No. 070313 OP the basis of best value in accordance with the New York General Munic' al La WHEREAS, on March 14 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 and piggybacking upon 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, it is in the best interests of the Village to purchase the John Deere 1575 Commercial Front Mower through NYS OGS Contract PC66663/NJPA Contract No. 070313-DAC which was awarded on the basis of best value because the purchase is expected to result in savings to the Village over time; will allow the Village to maintain fleet consistency, warranty and longevity; the equipment is interchangeable with other equipment currently owned by the Village; and the manufacturer has a reputation for providing quality goods and services; and Board of Trustees Meeting July 26,2016 18 Page 46 of 83 WHEREAS, the Village of Rye Brook saves the cost and expense of seeking competitive bids or requests for proposals for the purchase of the lawn mower by utilizing NYS OGS Contract PC66663/NJPA Contract No. 070313-DAC; and WHEREAS, on July 11, 2016 and July 12, 2016 the Village received quotes from two local dealers utilizing the pricing authorized by the NYS OGS and NJPA contracts (23% discount of MSRP), as follows: $42,540.88 $43,111.92. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the purchase of a John Deere 1575 Co ercial Front Mower through NYS OGS Contract PC66663/NJPA Contract No. 07 3-DAC which was awarded on the basis of best value, in an amount not to ex d ,540.88, for the reasons set forth herein. BE IT FURTHER RESOLVEDyor and Administrator are authorized to sign any documents necessary f 'm mentation of this resolution. Mr. Bradbury noted that this p has was put out for bid, two quotes were received, and the lowest bid was taken. The is 23% off list price. Deere offers high quality equipment, and the new equipment is interchangeable with other equipment currently owned by the Village. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 19 Page 47 of 83 8. Considering authorizing the use of Village Streets for the Wall Street Rides For Autism Research event on Saturday, October 8,2016. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 2016 WALL STREET RIDES FAR("FOR AUTISM RESEARCH")EVENT THEREFORE BE IT RESOLVED, that sjbject to the final approval of the Rye Brook Police Department, The Autism Scienc oundation is authorized to use the Village of Rye Brook streets for the 201 a treet Rides FAR ("For Autism Research") Charity Bike Ride event on Satay Ocfter 8, 2016, requested in a letter dated July 14, 2016; and be it BE IT FURTHER RESOLVED, t ge streets shall be used in compliance with the terms and/or conditions established the Village of Rye Brook Police Department. Mr. Bradbury noted that the even ill take place on October 8, 2016. It is n annual event and the Rye Brook Police Department is aware of the upcoming event. The Village will be sending out an email blast notifying residents of this event. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 20 Page 48 of 83 9. Considering the approval of the minutes for the meetings held on June 14, 2016,June 28,2016, and July 12,2016. Mr. Bradbury read a resolution recommending the approval of the June 14, June 28, and July 12th minutes. RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON JUNE 14,2016,JUNE 28, 2016,AND JULY 12,2016. NOW THEREFORE BE IT RESOLVE tha e Village of Rye Brook Board of Trustees approve the minutes for the meetin a on a 14, 2016, June 28, 2016, and July 12, 2016. On a motion made by Trustee Re c laneeconded by Trustee Epstein, the resolution was adopted. 11:�) Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that there is a new agenda system. This is the first Board that is working with this new system. The plan is to have all of the Village Boards on this new system. All of the Village meetings will be moving over to this new system. Additional information is available for the residents. He reminded residents that street paving will start soon. The information on which streets and when will be on the Village's website. The work will begin in the middle of August. Board of Trustees Meeting July 26,2016 21 Page 49 of 83 There have been many events sponsored by the Village this summer. There have been nice turnouts so far for movie nights and ice cream Fridays. Each event is a little bit different, and held at a different place. It was noted that the last ice cream Friday will be held on Friday,July 301h Mr. Bradbury reviewed the other events coming up between now and next meeting. Some events are supported by local organizations. Performance by a Jazz Quartet performing, and a dog wash in August. Information on all of the events is on the Village's website. Mayor Rosenberg pointed out that there is only one Board meeting in August. The next meetings are scheduled for August 23rd and September 13th. Mayor Rosenberg called for members of the pub ' ishing to address the Board. There being no further business before th oar he meeting was adjourned at 8:20 p.m. Board of Trustees Meeting July 26,2016 22 Page 50 of 83 MINUTES Board of Trustees Meeting Village Hall,938 King Street Tuesday,August 23,2016 BOARD PRESENT: Trustee Susan R.Epstein Trustee David M.Heiser Trustee Jason A. Klein Mayor Paul S.Rosenberg BOARD ABSENT: Trustee Jeffery B.Rednick STAFF PRESENT: Christopher J. Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 7:00 P.M.-EXECUTIVE SESSION: a) Teamsters Negotiations b) Discussing appointments to Traffic Commission. C) Non-Union Compensation 2 7:30 P.M.-REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: Page 51 of 83 4 REPORT/PRESENTATIONS: 5 PUBLIC HEARINGS: a) Considering approving an amended site plan at property located at 1100 King Street(Reckson Executive Park). Mr.Null advised the Board that this application has been before the Planning Board and received the necessary approvals for the wetlands and steep slopes permits.He explained that this is an amenities package for the tenants of the office park only and will be used during daylight hours only. There is not amplification or sound. Jerry Schwabe addressed the Board and worked off the plan to show where the proposed amenities will be placed. They will include a sand based volley ball court,a bocce ball court and a sitting area with walkways around the pond area.The sand and gravel being used in that area will assist with drainage as well.They are working in the wetland buffer and any disturbance will be corrected with additional plantings. Mrs. Timpone-Mohammed,Village Planning Consultant,added that all her issues had been addressed subsequent to the Planning Board meeting. Mr.Nick Lyras-Doral Greens HOA president—wanted to thank the Board for the heads up when the Sun Homes project first approached the Village and the Planning Board for taking into consideration some of their concerns. Everything was handled very well and it is nice to know that this current project is only for the use of the office tenants and not the potential homeowners,He thanked all for watching out for them. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the Public Hearing was closed and Ms.Alex Frank,Assistant to the Administrator,called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES Page 52 of 83 b) Considering a proposed local law prohibiting the sale of commercially bred dogs and cats in the Village of Rye Brook. Mr.Bradbury explained what the local law was all about and the importance of it. Mayor Rosenblum addressed the Board stating that Harrison had also just approved the local law and they were grateful for that.Mamaroneck was the first in New York State and advised the Board that this law does not make the Village subject to any challenges.He congratulated the Board on being a very moral community. Dina Gorham—Port Chester resident—she supports the ban for all animals that are currently suffering because of the puppy mills and the way the animals are handled. She thanked the Board for making Rye Brook a more humane community. Mayor Rosenberg believes it is the right thing to do as well. On a motion made by Trustee Heiser and seconded by Trustee Epstein,the Public Hearing was closed and Ms.Alex Frank,Assistant to the Administrator,called the roll TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES 6 RESOLUTIONS: a) Considering Approving an amended site plan at property located at 110 King Street(Reckson Executive Park). RESOLUTION CONSIDERING AN AMENDED SITE PLAN AT PROPERTY LOCATED AT 1100 KING STREET(Reckson Executive Park) WHEREAS,Reckson Operating Partnership L.P.,property owner, submitted an application for approval of an Amended Site Plan Approval, Page 53 of 83 Wetlands Permit and Steep Slopes Permit to construct exterior improvements at Reckson Executive Park,including a pavilion and seating area,volley ball court,two(2)bocce courts,and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 King Street,Rye Brook,New York,in the OB-1 and Scenic Roads Overlay Zoning District,which property also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 124.81,Block 1, Lot 1 and Section 124.82,Block 1,Lot 1 (the"Property");and WHEREAS,the Board of Trustees is the approval authority for the Amended Site Plan pursuant to Village Code §209-1.A(1)and the Planning Board is the approval authority for the Wetland Permit and Steep Slopes Permit pursuant Chapters 213 and 245 of the Village Code; and WHEREAS,the Board of Trustees reviewed the following plans and application materials in connection with the Application: 1.Application for Site Plan Approval 2.Exterior Building Permit Application 3. Short EAF with EAF Mapper Summary Report dated 4/4/16 4.Tree Removal Permit Application 5.ALTA/ACSM Land Title Survey prepared by Link Land Surveyors, P.C.,Mahopac,N.Y. dated January 26,2015 6. Steep Slopes Work Permit Project Description and Slope Analyses prepared by Divney Tung Schwalbe, LLP,White Plains,N.Y.,not dated 7.Wetlands and Watercourse Delineation prepared by William Kenny Associates,LLC,Fairfield,C.T.,dated December 10,2015 8. Stormwater Pollution Prevention Plan,prepared by Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated March 2016 9.Letter to the Planning Board from Divney Tung Schwalbe,LLP,White Plains,N.Y., dated June 9, 2016 10.Letter to the Planning Board from Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated July 1,2016 11. Letter to the Board of Trustees from Cuddy and Feder,LLP,White Plains,N.Y., dated April 7,2016 12. Plan Set entitled,"Site Plan/Wetland/Steep Slope Application," prepared by Eric Rains Landscape Architecture,LLC,Norwalk, C.T.: Sheet Number Sheet Title Date No Number Cover Sheet 3/24/16 SP-1.0 Stormwater and Erosion Control 3/24/16 SPL-1.0 Landscape Site Plan 3/24/16 rev.7/1/16 SPL-2.0 Existing Conditions and Removals Plan 3/24/16 rev.4/4/16 Page 54 of 83 SPL-3.0 Grading and Utilities Plan 3/24/16 rev. 7/1/16 SPL-4.0 Layout and Materials Plan 3/24/16 rev. 7/1/16 SPL-5.0 Planting Plan 3/24/16 rev. 7/1/16 SPL-6.0 Planting Notes and Details Plan 3/24/16 rev. 7/1/16 SPL-7.0 Planting List and Images Plan 3/24/16; and WHEREAS,on May 10,2016 the Board of Trustees,pursuant to the State Environmental Quality Review Act(SEQRA)determines the proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS,on May 10,2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation;and WHEREAS,on July 14,2016 the Planning Board issued its Report and Recommendation to the Board of Trustees and approved a Wetland Permit and Steep Slopes Permit for the project subject to several conditions including obtaining Amended Site Plan approval from the Board of Trustees;and WHEREAS,the application was referred to Westchester County Department of Planning pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61for notification purposes only,and a response was received from the County dated August 2,2016 which found the matter to be for local determination in accordance with the Village's planning and zoning policies; and WHEREAS,on August 9,2016 notice of the public hearing was sent to the Town of Greenwich and the Town/Village of Harrison pursuant to General Municipal Law§239-nn and Westchester County Administrative Code §277.71; and WHEREAS,a duly advertised public hearing was held by the Board of Trustees on August 23,2016,at which time all those wishing to be heard on the Application were given such opportunity,and the public hearing was closed on August 23,2016; and WHEREAS,the Village Planning Consultant,Village staff and Planning Board have reviewed the information and submitted comments regarding the Application; and WHEREAS,the Board of Trustees is fully familiar with the application and the Property. Page 55 of 83 NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees,in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617,and upon review of the EAT and all other application materials that were prepared for this action,hereby adopts the attached Negative Declaration,ending the State Environmental Quality Review process. BE,IT FURTHER RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves the Application for Amended Site Plan approval for property located at 1100 King Street, as shown on the plans referenced herein, subject to the following conditions: 1.All plantings required in the plan titled Landscape Site Plan,prepared by Eric Rains Landscape Architecture,LLC,Norwalk, CT,dated 3/24/16 rev. 7/1/16, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. BE IT FURTHER RESOLVED,that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES b) Considering a proposed local law prohibiting the sale of commercially bred dogs and cats in the Village of Rye Brook. RESOLUTION APPROVING A LOCAL LAW PROHIBITING THE SALE OF COMMERCIALLY BRED DOGS AND CATS WHEREAS, on May 4, 2016 NYS Senator George Latimer notified the Page 56 of 83 Village of Rye Brook of recent state legislation that allows for local communities to regulate the prohibition on the sale of commercially bred dogs and cats; and WHEREAS, on July 12, 2016 a local law was introduced before the Board of Trustees of the Village of Rye Brook to amend Chapter 78 of the Village Code, entitled"Animals,"to prohibit the sale of commercially bred dogs and cats in pet stores, retail businesses or other commercial establishments; and WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and therefore,no environmental review is required; and WHEREAS, on August 23, 2016, the Board of Trustees held a duly noticed public hearing at Village Hall to consider the proposed local law, at which time all persons interested were given an opportunity to be heard and the public hearing was closed on August 23,2016. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the above-mentioned local law to amend Chapter 78 of the Village Code to prohibit the sale of commercially bred dogs and cats in pet stores, retail businesses or other commercial establishments, as set forth in the local law. On a motion made by Trustee Heiser and seconded by Trustee Klein,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES C) Considering a street use request by Westchester Triathlon for Sunday, September 25,2016 RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE ANNUAL JARDEN WESTCHESTER TRIATHLON Page 57 of 83 NOW THEREFORE BE IT RESOLVED,that the Jarden Westchester Triathlon is authorized to use the Village of Rye Brook streets for the Jarden Westchester Triathlon on Sunday, September 25,2016,requested in a letter received July 26,2016; and BE IT FURTHER RESOLVED,that final Village streets,route and any conditions shall be approved by the Police Chief of the Village of Rye Brook Police Department. Discussion: Mr.Bradbury explained there is some concern about the route change that was made after receipt of the original request. The changes require use of more village streets and the Police are concerned that while the Village wants to support the event as they always have,they also need to make sure the residents are safe and the intersections are safe. Chris Leonard,Race Manager addressed the Bard and explained that the person who should be here who is the Race Director is in Virginia but he will try to help. The intersections in question are Lincoln and Westchester Avenue by 287-the race would be 100 percent on board with helping in any capacity by providing help from other municipalities who have offered and they have a relationship with. The race has a rich history—they are 30 years old and are also a 5010 and a variety of charities benefit. They suggest getting word out to residents to get message out that this race is for more than just people participating-it is to raise money for worty causes. They could provide officers from other municipalities if it would help. They have a month to make this work. Chief Austin explained that they have contracted with the race in the past and they do reimburse the Village for the use of the Police Officers. The route changes proposed would require 13 police officers-they had problems previous years with less officers.They are expecting 1000 cyclists so this is not a small event and is a very large undertaking. Mayor Rosenberg added that we could pass this tonight by conditioning the resolution that the organization and the Police Chief work together to come to an agreement that works for everyone.He believes it is a worthy cause-he would hate to see them have to stop routing through Rye Brook. He also agrees that an email blast can be done and a lot of notification for the public making them aware of the routes and where they should avoid going. Page 58 of 83 On a motion made by Trustee Klein and seconded by Trustee Heiser,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES d) Considering the conditional appointment of a Firefighter. RESOLUTION CONSIDERING THE APPOINTMENT OF A FIREFIGHTER NOW THEREFORE BE IT RESOLVED,that Ryan Cantatore of 143 North Washington Street,Apt.2, Sleep Hollow,New York is hereby conditionally appointed to the position of Firefighter with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED,that the annual salary is$67,399 with an effective start date of September 4,2016. Discussion: Mr.Bradbury introduced Mr. Cantatore and advised that he was a Senior Airman and a member of the Security Police for the United States Air Force,New York Air National Guard as well as a Volunteer Firefighter with Port Chester prior to becoming a paid professional Firefighter for Port Chester.We are thrilled to have him. Mayor Rosenberg thanked him for his military service and welcomed him to Rye Brook where he will be treated with respect. Mr. Cantatore thanked the Board for the opportunity to serve the Village. Page 59 of 83 On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was approved and Mr.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES e) Considering accepting a donation of a professional-grade tetherball system. RESOLUTION CONSIDERING ACCEPTING A DONATION OF A PROFESSIONAL- GRADE TETHERBALL SYSTEM WHEREAS,Jalaine and Peter Sommers of 3 Winthrop Drive,Rye Brook has a professional-grade tetherball set(TP-1200 set 12 foot tether pole and a Tachikara STMB)that they wish to donate to the Village for use in one of the parks; and WHEREAS,Mr. and Mrs. Sommers has stated that this tetherball set has an estimated value of$170.00. NOW,THEREFORE BE IT RESOLVED,that the Village of Rye Brook hereby accepts the donation of a professional-grade tetherball System from Jalaine and Peter Sommers. Discussion: Trustee Epstein asked where the tetherball set would go. Chris Bradbury responded that the plan was behind the old baseball field in Pine Ridge Page 60 of 83 Park. Trustee Epstein asked about vandalizing to which the Mayor responded if that were to happen the Board would have to decide whether or not to replace it. Mayor Rosenberg thanked the Sommers for the donation. In a motion made by Trustee Heiser and seconded by Trustee Epstein,the resolution was approved and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES f) Modifying the License and Fee Schedule to create a free for a Graphic Art -Photoshop Elements Program. RESOLUTION MODIFYING THE LICENSE AND PERMIT FEE SCHEDULE TO CREATE A FEE FOR GRAPHIC ART—PHOTOSHOP ELEMENTS PROGRAM The Village License and Permit Fee Schedule is hereby modified to establish a fee for a new Recreation Program: PROGRAM OR SERVICE FEE Photoshop Elements Program(8,one hour sessions) $120.00 On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Ms.Frank called the roll: TRUSTEE EPSTEIN YES Page 61 of 83 TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES g) Considering approval of an agreement with the County of Westchester for a Stop-DWI Program. RESOLUTION CONSIDERING THE APPROVAL OF AN AGREEMENT WITH THE COUNTRY OF WESTCHESTER FOR A STOP-DWI PROGRAM WHEREAS,on February 14,2006 the Village of Rye Brook first entered into an agreement with the County of Westchester for a Stop DWI Patrol Project Reimbursement Contract for the 2006 calendar year;and WHEREAS, on April 26,2011 the Village of Rye Brook entered into an extension of said agreement for a five year extension of the Stop DWI Patrol Project from January 1,2011 though December 31,2015; and WHEREAS,Westchester County will provide reimbursements for overtime and added patrol costs to enforce DWI/DWAI laws in the amount not to exceed$8,400.00 for the year; THEREFORE,BE IT RESOLVED,that the Village of Rye Brook is authorized to enter into an extension of said contract for an additional four (5)years, from January 1,2016 through December 31,2020 at the rate of $8,400 per year,not to exceed$42,000 over the 5 year contract; and be it FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary and appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Klein and seconded by Trustee Epstein,the resolution was adopted and Ms.Frank called the roll: Page 62 of 83 TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES h) Considering approving use of Village streets for the Jewish Board of Family&Children Services for a fundraising cycling event on September 18,2016. RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE JEWISH BOARD OF FAMILY&CHILDREN SERVICES FOR A FUNDRAISING CYCLING EVENT ON SEPTEMBER 18,2016 THEREFORE BE IT RESOLVED,that subject to the final approval of the Rye Brook Police Department,The Jewish Board of Family& Children services is authorized to use the Village of Rye Brook streets for a fundraising cycling event on Sunday, September 18,2016,requested in a letter dated August 12,2016; and be it BE IT FURTHER RESOLVED,that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Discussion: Chief Austin stated that this is a small scale event requiring only 3 officers. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES Page 63 of 83 i) Considering the reappointment of John B. Colangelo to the Emergency Medical Services Committee(EMSC). RESOLUTION CONSIDERING THE APPOINTMENT OF MR. JOHN B. COLANGELO TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS,the Inter-Municipal Agreement between the Village of Rye Brook, City of Rye and Village of Port Chester for emergency medical services established the Emergency Medical Services Committee(EMSC); and WHEREAS,pursuant to Section 3A of the Inter-Municipal Agreement establishes community representatives from each of the participating municipalities to be proposed by the Corps and ratified by each of the municipalities;and WHEREAS, in a letter dated August 10,2016 from Scott T. Moore, Administrator,Mr.John B. Colangelo has been recommended by the Corp as the community representative of the Village of Port Chester; and WHEREAS, on July 18,2016 the Board of Trustees of the Village of Port Chester ratified the appointment of Mr. John B. Colangelo to the Emergency Medical Services Committee by resolution NOW,THEREFORE BE IT RESOLVED,that the Board of Trustees hereby approves the appointment of Mr.John B. Colangelo to the Emergency Medical Services Committee as the Community Representative of the Village of Port Chester. Mayor Rosenberg thanked Mr. Colangelo and all the Board members that serve on the EMS board for all their hard work. On a motion made by Trustee Epstein and seconded by Trustee Klein,the Page 64 of 83 resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES j) Considering a Village contribution to the Columbus Day Celebration Committee and use of Hawthorne Ave for the Annual Parade. RESOLUTION CONSIDERING A VILLAGE CONTRIBUTION TO THE COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS,the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Celebration Committee NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves that$800.00 be provided to the Columbus Day Celebration Committee for its annual Columbus Day Parade;and be it FURTHER RESOLVED,that the Columbus Day Celebration Committee may use Hawthorne Avenue on Sunday,October 9,2016(rain date October 16,2016)for the Columbus Day Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES Page 65 of 83 MAYOR ROSENBERG YES k) Considering the use of Village streets for a block party on Valley Terrace to be held on September 18,2016. RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON SEPTEMBER 18,2016. RESOLVED,that the use of Valley Terrace on Sunday, September 18, 2016 from 4:OOPM to 7:30PM for the Valley Terrace Block Party event is hereby approved with the terms to be established by the Rye Brook Police Department. Discussion: Trustee Klein recused himself and addressed the Board. This is the second time he is hosting this block party—there have not been any issues and invited the Village Board to stop by and join them. On a motion made by Trustee Heiser and seconded by Trustee Epstein,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES 1) Considering approval of minutes from meeting of July 26,2016 Mayor Rosenberg asked to adjourn the minutes to September 13,2016. Page 66 of 83 7 ADMINISTRATOR'S REPORT: a) Completion of the Rye Brook Sanitary Sewer System Capacity Management,Operation and Maintenance(CMOM)Program. Sewer system Update-providing awareness to public-the evaluation study is mainly to look at future needs. The CMOM has been written and competed-outlines how we respond to issues with our sewer systems- how we clean and maintain it-the budgeting and making sure it gets top attention.It is more than just of a report—this is just one piece of the evaluation of the sanitary sewer system. Paving is starting this week-listed roads that will be done-milling will start this week.Listing of roads will also be available on our website. All meeting videos are available on any computer device now-computer- tablet-phone-android-etc.Pine Ridge basketball court color-coding has been delayed by contractor. Dog wash was a great event—it was coordinated by village staff including our Community Outreach Committee. Staff volunteered their time Sunday - Shari Melillo-Alex Frank-Rose D'Ascoli—highway and parks staff.It was a very successful event and they raised just under$1000 for the Humane Society of Westchester which does a great job for all the communities they serve.Mayor added that it was a phenomenal event— staff outdid themselves and he thanked all that worked and coordinated this event. The Public Works and Parks Garage study meeting took place earlier this month. The Village is excited about this project-important to Village and very much needed. The process will be very public and transparent—the website will have updated information on the progress of this project. Chief Austin provided an overview of the bike helmet program for kids. They are working with the Maria Ferrara Children's Hospital. Rye Brook Police Officers will stop a child not wearing a helmet—explain to them the dangers and will be given a helmet free of charge provided by the hospital. The entire Board believes it is a great program. They also think that adults need to wear helmets as well and also reflective clothing when riding. 8 OLD BUSINESS: Page 67 of 83 9 NEW BUSINESS: 10 DISCUSSION ITEM: 11 UNFINISHED BUSINESS 12 ADJOURNMENT There being no further business,on a motion made by Trustee Epstein and seconded by Trustee Heiser,the meeting was adjourned at 8:40pm by unanimous voice vote. Page 68 of 83 13RC-1.) REPORT J �Lu3 TO: Board of Trustees FROM: Alexandra Frank DATE: August 23, 2016 SUBJECT: Considering Decks as a Pervious Surface DESCRIPTION: Considering Decks as a Pervious Surface RECOMMENDATION: The Village Board should discuss this item to determine if legislation should be prepared to modify Chapter 217 Section 7 of the Village Code. SUMMARY: This appeared as a discussion item on the Board of Trustees Meeting held on April 26, 2016. General Code provided two samples of zoning codes from municipalities in New York, Tarrytown and Cazenovia. Both Tarrytown and Cazenovia's Codes exclude open wood decks with spacing between floorboards from the definition of an 'Impervious surface' if they are located above a pervious surface (see attached). Samples from zoning codes outside of New York which included similar definitions of an 'Impervious surface' also included Trenton, NJ and Elmhurst, IL. The Village Planner, Marilyn Timpone-Mohamed of Frederick P. Clark Associates, was also consulted in the search for relevant legislation but was not able to find any additional sources. Page 1 of 15 Page 69 of 83 Sample Legislation Compliments of General Code Village of Cazenovia, Chapter 180. Zoning Article II. Terminology § 180-9. Definitions. As used in this chapter,the following terms shall have the meanings indicated: IMPERVIOUS SURFACE Any material placed on or above the earth that substantially reduces or prevents the natural percolation of precipitation and melted snow into the soil. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas(whether hard-surfaced or not); driveways; sidewalks; patios and decks; sport courts; and pools. The following shall not be considered as impervious surfaces: A. Wood decks less than 200 square feet, if constructed with a space between each plank and if the deck is constructed over a pervious surface(1/2 of the area of such wood decks exceeding 200 square feet shall be considered impervious surface); B. Pathways six feet or less in width that employ grass pavers or porous paving and which are not intended for automobile use. Village of Tarrytown, Chapter 305. Zoning Article II. Definitions and Word Usage 305-5. Word usage; terms defined. A. Words stated in the present tense include the future, the singular includes the plural, and the plural includes the singular.The word "person" includes a corporation, partnership or other combination of persons. The word 'lot"includes the word"plot."The word "building" includes the word "structure." The word "shall' is mandatory and not directory and does not indicate mere futurity unless the context clearly so requires.The words"Village Board,""Board of Appeals,""Planning Board," "Building Inspector"or"Code Enforcement Officer,""Village Attorney,"etc., mean, respectively, such officers or boards of the Village of Tarrytown. The term 'Board of Trustees" means the Village Board. The term "certificate of compliance" means"certificate of occupancy."The term'occupied"or"used" as applied to any land or building shall be construed as though followed by the words"or intended, arranged or designed to be occupied or used." B. Unless otherwise expressly stated,the following terms, for the purpose of this chapter, shall have the meanings herein indicated. For purposes of clarity and uniformity throughout this chapter of the Village Code, some definitions may be regulatory in nature. Page 2 of 15 Page 70 of 83 Sample Legislation Compliments of General Code DECK An outdoor platform attached to the principal structure of a building and built above the natural grade.A deck does not have a roof and is exposed to the elements. IMPERVIOUS COVER Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water(e.g., building rooftops, pavement, sidewalks, driveways, etc.). IMPERVIOUS SURFACE AREA The sum of the area of coverage or footprint of all buildings, structures, paved areas, patios and other improved surfaces on a lot preventing natural runoff from percolating to the ground, measured in square feet.Areas paved with gravel, crushed stone and other pervious materials shall not be considered impervious. Open wood decks with spacing between floorboards shall also not be considered impervious if they are located above a pervious surface. Calculation of the total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site. Page 3 of 15 Page 71 of 83 City of Trenton,NJ Land Development Ordinance,Revised Chapter XIX(2010) Article I-General Provisions,§315-10.Definitions IMPERVIOUS SURFACE AREA-The sum of the area of coverage or footprint of all buildings, structures,paved areas,patios and other improved surfaces on a lot preventing natural runoff from percolating into the ground,measured in square feet.Areas paved with gravel,crushed stone and other pervious materials as well as open wood decks with spacing between floorboards shall not be considered impervious. Calculation of total impervious surface area on a site shall be based upon gross lot area,not the net developable area on a site. Maine Legislature Title 38: Waters And Navigation,Chapter 3: Protection and Improvement of Waters, Subchapter 1: Environmental Protection Board,Article 5-A: Natural Resources Protection Act Heading,§480-B.Definitions 5-13 Impervious area. "Impervious area"means an area that is a building,parking lot,roadway or similar constructed area. "Impervious area"does not mean a deck or patio. (updated 2011) Elmhurst,IL Code of Ordinances Article II-Building and Constriction Requirements,24.10-Impervious Surface Regulations for Residentially Zoned Properties(Updated 2014) a. Impervious Surface Definition. Impervious surface is land covered that cannot effectively absorb or infiltrate water,including,but,not limited to,non-porous asphalt or asphalt sealants,non-porous concrete,roofing materials, and gravel surfaces used as roadways or parking lots. (1) "Impervious surfaces" shall also include: (ii)Wooden or composite planked decks and patios without spacing between the planks and impervious area underneath; (2) "Pervious surfaces" shall include: (iii)Wooden or composite planked decks and patios with spacing between the planks and permeable area underneath; Becker County,MN Zoning Ordinance,Chapter 3-Nonconformities, Section 11-Mitigation Requirements for Nonconformities in Shoreland Areas B. Calculation of mitigation requirement units. The calculation of required mitigation units shall be based on the following provisions. 1.)Nonconforming impervious surface. Impervious surface is not allowed to exceed twenty-five percent(25%)coverage. Impervious surfaces include,but are not limited to: Page 4 of 15 Page 72 of 83 streets,roofs, sidewalks,driveways,parking lots,and similar facilities and areas covered with gravel, concrete,bituminous,compacted sand,lime rock,clay or other surfaces that substantially reduce or prevent the infiltration of water. Surface coverage between fifteen percent(15%)and twenty-five percent(25%)is allowed with offsetting mitigation. Each percentage point of impervious surface greater than fifteen percent(15%)represents five (5)mitigation requirement units. (1)Pervious decks.Decks shall be considered pervious if all of the following conditions are met: (1)Maximum material(board)width is eight inches(8");Becker County Chapter 3 Zoning Ordinance 17 (2)Minimum spacing between material(boards)is one-quarter inch (1/4"); and (3)The area under the deck is pervious material. Decks not meeting these requirements shall be considered as impervious. Wake County,North Carolina 2009 Wake County Hazard Mitigation Plan,Appendix E-Glossary Impervious Surface-A surface resulting from human activity that obstructs or prevents infiltration of water into soil.Impervious surface includes,but is not restricted to:buildings and rooftops;walkways,driveways, and parking areas that are paved or compacted by pedestrian or vehicular traffic; solid decks and patios;pavement;recreation facilities that are paved or compacted; and any other paved,compacted,or partially impervious surface.For purposes of calculating the percentage of impervious surface coverage,the area of the perimeter of the lot or parcel shall be regarded as the actual area of the lot or parcel. The water surface of a lake,pond, or swimming pool is not considered impervious.A wooden slatted deck is not considered impervious if the area below the deck is treated to prevent erosion and compacting of the soil below the deck. "Pervious" asphalt and"pervious" concrete are considered impervious if the surface's perviousness is expected to decrease under normal use or its subbase is compacted, as determined by the Engineering Division,Department of Community Development Services. Page 5 of 15 Page 73 of 83 Stormwater Management Practice Note NSC 02: Calculating Site Imperviousness This practice note has been developed to promote consistency when calculating site imperviousness.It has been developed for use with District Plan Rule 8.4.7 and is relevant to all Residential,Business and Structure Plan areas of the city but excluding Long Bay. 2.1 Impervious Area Limits Rule 8.4.7 sets the following limits on total site imperviousness: Table 2.1:Maximum Impervious Area Limits Residential& Business Zones&Structure Plan SMA Structure Plan Zones Zone Mixed Use OverlayArea* (excluding Mixed Use Overlay Area*) 1 50% 80% 2 60`Yo 901% 3 60% 90% 4 70% 100% 5 70% 100°/n Note:This table is derived from Table 8.2 in the District Plan 2.2 Definitions The following District Plan definitions are relevant: Impervious Area Means any part of a site which is covered in a surface constructed of materials which are resistant to water passing through them and includes any area which: a. Falls within the definition of building coverage b. Is paved with concrete,asphalt,pervious paving,roofed areas and decks c. Provide driveways and parking areas (including unpaved and metalled surfaces) d. Is occupied by swimming pools But does not include: • Paths and paving stones less than 1 metre in width provided they are separated from other impervious areas by at least 1 metre (including strip driveways with 0.5 metres between strips) of 15 Page 74 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 • Retaining or garden walls within garden/lawns • Rain tanks up to 5m'in area Note: Pervious paving, green roofs, uncovered wooden slated decks and swimming pools are counted as impervious area in terms of the calculation of total site imperviousness. However,the perviousness of these structures will be taken into account when calculating mitigation of stormwater runoff under Rule 8.4.8. Net Site Area In relation to a rear site means the difference in area between the total area of the site(gross area) and the area of its entrance strip.In relation to a front,corner or through site,net site area,gross site area and area shall have the same meaning. Road Corner site Front site Corner site v c Front site Rear site Entrance Front site strip Through site m 0 Rear Front site site Corner site Corner site Front site Roan Permeable Area Means any part of a site which is grassed or planted in trees or shrubs and is capable of absorbing water. It does not include any area which falls within the definition of impervious area. Self Mitigating Surfaces Means surfaces which while counted as impervious in terms of total site impervious area are able to mitigate stormwater runoff to an acceptable level, and include pervious paving, green roofs, uncovered slatted wooden decks over natural ground and swimming pools. 2-2 of 15 Page 75 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 2.3 Impervious Areas not Requiring On-site Stormwater Mitigation The following areas are not required to provide on-site stormwater mitigation but are included in the calculation of total site imperviousness and may not cause site imperviousness to exceed the maximum impervious threshold in Table 2.1 above(see Rule 8.4.7.1 Table 8.2). • Small additions and accessory buildings—including paved areas, up to an aggregate area of 25m2. It was decided to allow minor additions of impervious area, (less than 25m) to proceed without the need for on-site mitigation.Note that this is not an allowance but a threshold above which the rule kicks in. If an impervious area exceeds 25m' then the whole area is to be mitigated. • Pervious paving • Uncovered slatted timber decks over natural ground • Swimming pools • Green Roofs Note that stormwater runoff from these areas still needs to be disposed of in a manner which complies with Clause E1 of the Building Code and does not create a nuisance to neighbouring properties. 2.4 Site area for measuring Total Site Imperviousness The way in which total site imperviousness is calculated will differ depending on whether the development is on a delineated area or a separate title,and also whether the lot is a rear lot,front lot,corner lot,through lot or access lot. Separate Title For a separate title the measurement of total site imperviousness shall be based on the net site area.Rear lots will therefore exclude the access strip. Cross Lease In the case the case of a cross lease,the covenant area or delineated area shall be counted as the site area for the purposes of rule 8.4.7 and 8.4.8.Where clear delineated areas are not shown,or unclear,the parent site shall be used. Unit Title In the case of a Unit Title subdivision the impervious area for a multi-unit development,where individual titles have not yet been created will be calculated on the area of the parent site. Any later modifications involving individual units will be on the Unit entitlement and Unit area and exclude any area of the common property. Jointly Owned Access Lots UOAL) In the case of JOAL's or private roads,these are not included in the calculation for total site imperviousness,they are to be considered as roads and are therefore not subject to Rule 8.4.7 or 8.4.8,however appropriate stormwater mitigation is required at subdivision stage. Right of Way(ROW) Where a ROW has been created for access purposes to a rear lot then the area of the ROW is included in the parent site area. 2-3 of 15 Page 76 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Only the coloured area on the figure below needs to be used for calculating total site imperviousness and any on-site stormwater mitigation requirements. Lot A Lot B Lot C Lot D R 00 JOAL J Privaatete Road Lot E Lot F Lot G Lot H _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ __ Lot A Lot B Lot C Rear Lot with Access Strip &ROW Lot D Lot E Lot F — — — — — — —— — — — — — — — — — — —— — — — — — — — — — — Rear Lot I nt A I nt R with ROW ROW Rear Lot with m Lot A Lot B pan handle 0 Covenant Area A Covenant Cross Lease with Area B delineated areas Common lnit A antitlamant Unit A Unit Title rnmmnn Subsequent development I lnit R Unit B entitlement 2 - 1 of 15 Page 77 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 2.5 Measuring Total Site Imperviousness Table 2.2:Areas Included or Excluded from Total Site Imperviousness Type of Area Included Condition or Comment Roof Areas Yes The roof area and not the building footprint must be measured. Green Roofs Yes Self Mitigating Surface.See below. Paved Areas Yes All paved areas not exempt below. Wooden Decks Yes Self Mitigating Surface.See below. Pervious Paving Yes Self Mitigating Surface.See below. Unpaved Parking/Metalled Yes These areas with metal or shell are highly Drivewa com acted and do not allow soakage. Garden Sheds Yes See below. Swimming Pools Yes Self Mitigating Surface.See below. Rain Tanks No If less than 5m�in area. Paths less than 1m Wide No As long as there is at least 1 metre of permeable area on both sides. As long as there is at least 1 metre of Strip Driveways No permeable area on both sides and 0.5 metre in middle. Grassed and Garden Areas No Pebble Gardens No Provided the areas are not used for parking or traffic access. 2-5 of 15 Page 78 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Paved Areas All paved areas not exempted by the above definitions must be taken into account when calculating total impervious areas. Roof Area The total roof area including eaves is to be measured—not just the building footprint. E 1 F 1 1 � � F 1 � I m 4 For existing roofs,measure the plan area of the roof at ground level below the edges of the roof (including eaves). For proposed buildings,the area can be calculated from the roof plan drawings (not the wall floor plan dimensions) as these include the additional area of the eaves. Green Roofs Green roofs are measured in the total impervious area calculation but are considered to be a mitigation method so is accounted for in achieving the required mitigation.These are classified as self mitigating surfaces and do not require additional mitigation.This is only if the green roof has been designed and constructed to the required standards (see Stormwater Management Practice Note NSC 12). Wooden Decks Wooden decks are counted as impervious as there is little chance for vegetation to grow beneath the deck.They are classified as self mitigation surfaces if they are slatted/allowing water to pass through and located above natural ground and you are not required to provide any additional mitigation for these areas. Pervious Paving Pervious paving is measured in the total impervious area calculation but is considered to be a mitigation method so is accounted for in achieving the required mitigation. These areas are classified as self mitigating surfaces and do not require additional mitigation. This is only if the pervious paving has been designed and constructed to the required standards (see Vtormwater Management Practice Note NSC 11). Unpaved Parking/Metalled Driveways Unpaved parking areas with compacted ground,metal or shell etc are considered as impervious and must be included in the impervious area calculation. Rain Tanks Rain Tanks with a plan surface area of less than 5m' can be excluded from the total site imperviousness calculation. 2-6 of 15 Page 79 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Garden Sheds Garden sheds or ancillary buildings with a roof area of less than 10m2 are included in the impervious area calculation, but may not be required to provide stormwater mitigation if constructed or installed at a later date. Paths less than 1m Wide Paths of less than 1 metre in width with vegetation on both sides may be excluded from the total impervious area calculation,(unless they are within 1 metre of other impervious areas). Swimming Pools The area of a swimming pool is considered as impervious because the water is unable to infiltrate into the ground, but is not required to provide mitigation because of the storage volume provided between the normal pool level and the overflow level. A paved area of no more than 1 metre in width surrounding the swimming pool may be considered as part of the pool. Strip Driveways Strip driveways may be excluded from the total site imperviousness calculation as long as the strips are less than 1 metre wide and there is at least 0.5 metre of grass between the strips. There must also be at least a 1 metre width of vegetated area on both sides of the driveway. 2.6 Measurement of Impervious Areas in Relation to Rain Tanks Roof Area Connected to a Rain Tank This is the area that is used to determine the size of the rain tank and refers to those areas which drain to gutters that discharge into the rain tank. Make sure that only the area of roof that will be connected to the tank is measured.The area refers to the plan area of the roof.Decks should not be connected to the rain tank. Additional Area The additional area refers to a portion of the total impervious area on the site which may be provided without additional mitigation if a rain tank is provided. The rain tank is deemed to provide mitigation for these areas. For single purpose tanks of 3m; in residential areas and for a dual purpose rain tanks sized according to Table 8H.1 in residential areas the allowable additional area is an area equivalent to 25 per cent of the roof area connected to a rain tank. For business areas the allowable additional area is varied depending on the amount of water use likely in the building.This is based on the roof area(connected to the rain tank)per occupant and assumes a rain tank sized according to Practice Notes NSC 08 and NSC 09. Table 2.3 below shows you how much additional impervious area is deemed to be mitigated by a rain tank in this situation. 2-7 of 15 Page 80 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Table 2.3:Additional Impervious Area Mitigated by Rain Tank Roof Area per Occupant Additional Area Deemed to be Mitigated by Rain Tank Less than or equal to 7m2 An area equivalent to 35%of the connected roof area >7m2—1Om2 An area equivalent to 25%of the connected roof area > 10m2—16m2 An area equivalent to 15%of the connected roof area Greater than 16m2 No additional area Note:This table is derived from Table 8H.2 in the District Plan Roof Areas Not Connected to a Rain Tank Roof areas not connected to the rain tank are considered as other impervious area on the site and may form part of the Additional Area. 2 5 of 15 Page 81 of 83 Christopher Bradbury From: Susan Epstein <susanrepstein@hotmail.com> Sent: Tuesday, March 29,2016 3:41 PM To: Christopher Bradbury Cc: Michal Nowak Subject: permeable discussion Follow Up Flag: Follow up Flag Status: Completed RESEARCH: HERE IS THE LAST EMAIL: It is important to define"structure"specifically so that landowners and zoning staff are clear on what is and is not included. The definitions above do not address : • walkways• steps• sidewalks• fences• dog houses• bird houses• mail boxes• flag poles• fire rings• wood piles Types of surfaces to consider when crafting your impervious surface definition 3 Garrison,Paul et al. Implementation and interpretation of lakes assessment data for the Upper Midwest. Final report to the U.S.EPA. Grant No.X7-83254601.November 2008. pp.47-48 4 www.sawyercountygov.org/Departments/ZoningandConservation/tabid/70/Default.aMx WCCA NR 115 Guidebook 2-7 Some counties considered these surfaces to be impervious and some considered them pervious. 1. Open decks with at least a 1/4 inch space between deck boards with a pervious surface below. Many counties considered this to be pervious. 2. Grass-crete,pavers with voids that are filled with soil and then planted. If properly installed and vegetated correctly these can be considered pervious. 3. Gravel. Typical gravel materials used for roads and parking lots are engineered and compacted to withstand heavy loads. These compacted gravel materials form a seal through which water will not readily infiltrate. Runoff from gravel is similar to paved surfaces with only a slight reduction in runoff. It would be difficult to call a typical gravel driveway pervious. Many counties consider this to be impervious. 4. Permeable Paver System. The key word here is system. The pavers are just a cap for the pervious system below. They are expensive and need to be installed properly and maintained. The WCCA shoreland committee has concerns about products that are marketed as pervious and depend on installation, maintenance and long-term compliance. If counties are going to allow the pervious pavers,they should consider an operation and maintenance t Page 14 of 15 Page 82 of 83 agreement. Product representatives have recommended that on-site inspections should be required to ensure proper installation, and to ensure proper maintenance is occurring at 5 and 10 years. They require that contractors or product representatives ensure the systems stay pervious. Some counties consider permeable paver systems to be pervious and others do not. Pervious Decks Portions of pervious residential decks can be exempted from land coverage calculations. A deck is considered pervious if it has naps that allow water to pass freely to gravel underneath, designed in accordance with the Best Management Practices Handbook available at www.tahoebmp.org.Process and criteria: BMPs can be currently installed and certified or installed and certified along with this project. This coverage exemption can only be authorized through a TRPA Single-Family project permit. •Remove all non-verified coverage, and mitigate 100 percent of any verified excess coverage. Use the attached worksheets to help determine the pervious deck coverage exemptions available on your property. Overhang Allowance("Height Reduction")If the edge of a structure,such as a deck, eave or porch roof, is high enough to expose a significant portion of the ground underneath to sun, snow and rain,then not all of it needs to be counted as land coverage.Process and criteria: •Allowed on any Qualified Exempt or permitted project. • Calculate the reduction at a 3:1 ratio for decks and other structures that are raised above ground level. For every three feet above ground (measured to the bottom of the structure),one foot of the horizontal overhang dimension may be excluded from land coverage calculations(see illustration below). •This"height reduction" provision is applied to both existing structures and new structures and should be accounted for in your land coverage calculations. •Please note that the height reduction for structures on a slope may vary from corner to corner. •This reduction should be calculated on any deck or overhang more than one foot above the ground. •This reduction should be taken prior to calculation of exempted coverage. 12' 8'-3'=5' 9' 5' 8' 6' Actual land coverage associated with the deck:=5' x 6' (30 sq.ft.) 3' 5' TRPA-CovExempWorksheet 4 of 9 06/13 RESIDENTIAL COVERAGE EXEMPTION http://www.hamilton.govLnz/our-council/council- publications/manuals/Documents/Three%20 Waters%2OManagement%2OPractice%2ONotes/HC C07%20-%20Permeable%20Surfaces.pdf 2 Page 15 of 15 Page 83 of 83 DR Village of Rye Brook Agenda Board of Trustees Meeting Tuesday, September 13, 2016 at 7:30 PM Village Hall, 938 King Street 1. 7:00 P.M. - EXECUTIVE SESSION: 1.1. Non-Union Compensation 2. 7:30 P.M. - REGULAR MEETING: 3. PLEDGE OF ALLEGIANCE: 4. REPORT/PRESENTATIONS: 5. PUBLIC HEARINGS: 6. RESOLUTIONS: 6.1. Setting a public hearing on a proposed local law modifying Section 240-20.1 of the Village Code increasing the number of winter overnight parking permits available in the Garibaldi Parking Lot. *Resolution: PH Local Law Garibaldi Parking *Proposed Local Law: Garibaldi Parking Lot - Extending Overnight Parking 6.2. Considering four(4) appointments to the Traffic Commission. *Resolution: Traffic Commission Appointments 6.3. Considering accepting a donation of Carbon Monoxide detectors for distribution by the Rye Brook Fire Department. *Resolution- CO Detector Donation *Donation Letter 6.4. Considering approval of an extension of the inter-municipal agreement with the NYS Department of Transportation for the 2016-17 snow and ice season. *Resolution: DOT Snow& Ice Agreement *Snow&Ice Agreement 6.5. Considering moving the Village Board meeting from October 11, 2016 to October 13, 2016 at 7:00 P.M. *Resolution: Rescheduling Village Board Meeting October 11, 2016 6.6. Considering the approval of the minutes for the meetings held on July 26, 2016 and August 23, 2016. *Resolution: Minutes *Minutes 07.26.16 *Minutes 08.23.16 7. ADMINISTRATOR'S REPORT: 8. OLD BUSINESS: 9. NEW BUSINESS: 10. DISCUSSION ITEM: Page 1 of 83 10.1. Considering Decks as a Pervious Surface *Considering Decks as Pervious - Staff Report 11. UNFINISHED BUSINESS 12. ADJOURNMENT THE NEXT VILLAGE BOARD MEETINGS ARE September 27, 2016 and October 13, 2016 Page 2 of 83 September 13,2016 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW MODIFYING SECTION 240.20.1 OF THE VILLAGE CODE INCREASING THE NUMBER OF WINTER OVERNIGHT PARKING PERMITS AVAILABLE IN THE GARIBALDI PARKING LOT BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby sets a public hearing on a proposed local law modifying Section 240-20.1 of the Village Code increasing the number of winter overnight parking permits available in the Garibaldi Parking Lot for a meeting of the Board of Trustees to be held on September 27,2016. Page 3 of 83 LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE A LOCAL LAW to amend Chapter 240 of the Code of the Village of Rye Brook regarding overnight parking licenses in the Garibaldi Parking Lot. BE IT ENACTED, by the Board of Trustees of the Village of Rye Brook, as follows: Section 1. Chapter 240, Section 20.1, of the Code of the Village of Rye Brook is hereby modified as follows: §240-20.1-Overnight parking licenses. A.T-ffiUUp to eighteen parking licenses that authorize overnight parking in the parking lot serving Garibaldi Park(hereinafter "Garibaldi Parking Lot") shall be available to the residents of the Village of Rye Brook.Proof of residency is required.No more than two licenses shall be issued to residents who reside at the same address. The fee for the parking licenses shall be established by the Board of Trustees by resolution. These licenses shall not be available to park commercial vehicles or taxis. B. The provisions of this subsection shall apply only to the first 48 18 parking licenses issued. One parking license must be reserved for an individual with a handicapped permit or disability license plate to park in the designated handicapped parking space in the Garibaldi Parking Lot. The Village Clerk will set a deadline for the filing of an application for a parking license. If the Village Clerk receives more than 49 18 applications for a parking license by the application deadline,he will conduct a lottery to determine who will receive the parking licenses and the order of the applicants on the waiting list for the parking licenses. The date and location of the lottery shall be noticed as determined by the Village Administrator,and the lottery shall be conducted in public.After the lottery,the parking licenses will be issued upon the receipt of the applicable fee from the selected applicants. If the Village Clerk receives 4-0 18 or less than 4-0 18 applications for a parking license by the application deadline,he will issue the parking licenses on a first-come, first-served basis until 4-0 18 licenses have been issued.After the 44D 18th license is issued,the Village Clerk will start a waiting list for the parking licenses that will be added to on a first-come,first-served basis. C.The parking licenses may be renewed each year by filing a new application and paying the applicable fee by October 1. It is the responsibility of the holder of a license to renew it.No Page 4 of 83 renewal will be processed after October 1.Any parking license that is not renewed by October 1 shall be issued to the person at the top of the waiting list upon his or her payment of the applicable fee. D. After the first 4-0 18 parking licenses have been issued,the residents of the Village of Rye Brook may be added to the waiting list on a first-come, first-served basis by filing a parking license application with the Village Clerk. E. From November 15 to March 15 each year,the holder of a parking license issued by the Village Clerk under this section may park his/her vehicle in one of the 4-0 18 parking spaces on two parking lanes on the westernmost side of the Garibaldi Parking Lot only between the hours of 10:30 p.m.to 7:30 a.m. Only an individual with a current handicapped permit or a disability license plate may park in the handicapped parking space in the Garibaldi Parking Lot. The vehicles licensed to use these parking spaces shall be parked with their headlights directed to the western eside of the parking lot. F. The parking licenses shall be revocable at the discretion of the Village Administrator. The holder of a parking license may not assign,license or otherwise transfer it to another party nor otherwise permit anyone other than a member of his or her immediate family to use the authorized parking space.By accepting a parking license,the holder thereof agrees to: S11ndemnify and hold harmless the Village of Rye Brook for any injury or property damage he or she sustains as a result of the use of the Garibaldi Parking Lot pursuant to the license; and Indemnify the Village for any damages it sustains as a result of the holder's use of the Garibaldi Parking Lot pursuant to the parking license. G. The parking licenses shall be subject to the conditions set forth in this section of the Village Code as well as the conditions set forth in the permit application form adopted by the Village Clerk. H. All determinations concerning the issuance and/or revocation of a parking license shall be made by the Village Administrator in his sole discretion, and his determination shall be final. 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. Page 5 of 83 September 13,2016 RESOLUTION CONSIDERING FOUR(4)APPOINTMENTS TO THE TRAFFIC COMMISSION THEREFORE BE IT RESOLVED,that Steven Klein of 81 Bowman Ave Lawridge Drive be appointed to the Traffic Commission to fill a vacancy for a term that shall expire on the first Monday of April 2019; and BE IT FURTHER RESOLVED, that David Nadasi of 20 Woodland Drive be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2018; and BE IT FURTHER RESOLVED, that Jeffrey Nadler of 95 Brush Hollow Close be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2018; and BE IT FURTHER RESOLVED,that Judy Simon of 9 Lawridge Drive be appointed to the Traffic Commission to fill a vacancy for an unexpired term that shall expire on the first Monday of April 2017. Page 6 of 83 September 13,2016 RESOLUTION CONSIDERING ACCEPTING A DONATION OF CARBON MONOXIDE DETECTORS FOR DISTRIBUTION BY THE RYE BROOK FIRE DEPARMENT. WHEREAS,Michelle DiMiceli contacted the Village of Rye Brook to make a donation of 240 Carbon Monoxide detectors on behalf of the families and friends of Carl Persson and Joseph Pendrak, two Rye Brook residents who passed away from Carbon Monoxide poisoning in 2015; and WHEREAS, Michelle DiMiceli has requested that these detectors be made available for distribution to residents of Rye Brook and Port Chester through the Rye Brook Firehouse; and WHEREAS, Michelle DiMiceli has stated that this donation has an estimated value of$4,000.00 NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby accepts the donation of 240 carbon monoxide detectors from Michelle DiMicelli, on behalf of the families and friends of Carl Persson and Joseph Pendrak, for distribution to Rye Brook and Port Chester residents through the Rye Brook Firehouse. Page 7 of 83 From: Michelle DiMiceli [mailto:mgdimoOgmail.com] Sent: Wednesday, September 07, 2016 10:13 AM To: Christopher Bradbury Subject: CO detector donation Dear Mr.Bradbury, Please accept this donation of 240 carbon monoxide detectors with an approximate value of $4000 on behalf of the families and friends of Carl Persson and Joseph Pendrak. On November 23,2015,3 days before Thanksgiving,our family lost two beloved members due to Carbon Monoxide poisoning. This tragedy could have been prevented if there were CO detectors in the home. In an effort to prevent this from happening to anyone else,we are donating these detectors to those who need them. They will be available at the Rye Brook Fire Department for residents of Rye Brook and Port Chester. Sincerely, Michelle DiMiceli CO Detectors/Save A Life 914-980-2957 40 Old Branchville Rd. Ridgefield,CT 06877 Page 8 of 83 September 13,2016 RESOLUTION CONSIDERING A SNOW AND ICE AGREEMENT WITH THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE 2016/2017 SNOW SEASON RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement(#D010779) with the State of New York, Department of Transportation until June 30,2017 under which the Village of Rye Brook will receive an estimated payment of $17,674 ($1,578 per lane mile)for the 2016/17 snow season for snow and ice control on King Street and Westchester Avenue; 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. Page 9 of 83 NEWYORK Department of ANDREW M.CUOMO STATE OF _ Governor OPPORTUNITY_ Transportation NIAI i Rtw:j.DRlscurr k-ommissioner TODD WESTHUIS,P.E. REylunal Dimctur August 2y,2U10 Mr.Michal J.Nowak Supervisor of Yublic Works Dept.of Public Works Village of Rye Brook 938 King Sheet Rye Brook,NY 105/-1 Ke: Snow and Ice Agreement Extension 2016/17 Snow&Ice Season Dew. Mr.Nowak: Enclosed are the following tornis,which need to be filled out and signed by the appropriate representatives.Please return all original.,uhies tv my Office at the above address for processing: 1. Agreement to txtend Indexed Lump Sum Municipal Snow and Ice Agreemeat Tor the 2U 16/1/ Snow Season(Please till out both sides and sign as required)— 4 copies 2. Maps with color-coded mirage rosponsibility(Please sign all Map tags)—b wpics 3. Appendix A— 1 copy In addition to the above, six original copies of completed resolutions fur the Snow Season (certified and signed)with a raised seal from the Municipality-s governing body authorizing a Municipal Official to enter into the above extended agreement must be rututucd to this Uffcc. It you have any questions,please feel free to contact me at(914)-592-6557. TLuly yours, lly�m,P.E. Resident Program Engineer Page 10 of 83 contract# Mani„ipallty Ext o.asun Ragyi n v 13u iv,ro Village of Rye Brook/S.VVestcheoter cuanty 2016117 8 1 AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AGREEMENT This Agreement made this day of by and between THE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS, the COMMISSIONER and the MUNILAPALITY have entered into an Agreement No. D010r r9 entitled "Indexed Lamp Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Ayreement is for a period of three years commencing July 1:1996 and the said Agreement provides that the parties may at the end of each year uf the term of tete Agreement extend such term for an additional year;and WHEREAS, the present term of the Agreement,as extended, expires June 30,2016 and WHEREAS,Section 7 of the said Agreement pruvides that the COMM1551UNER shall Turnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereat,modified to show the changes,if any,to the State Highways affected by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual upaate of the cztimated expenditure to be determined by the COMMISSIONER subject to the provisiuns of Section 9 at the time fur extension uf the Agreement; WHEREAS:Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based un the intensity and severity of the winter season; NOW; THEREFORE. in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Iue Agreement Between New York State Department of Transportation and the MUMiCIPALITY'is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected 5y this Agreement are as delineated on the attached map, agreed upon by the COmMISSIONER and the MUNICIPAMTY'which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless uhanyed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the uriginal contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles Tor a total of for the ZU14110 season and for the remainder of the term of the Agreement commencing July 1, 2014, unless changed by future update. IIS WI i IQESS WHEREOF:This Agreement has been executed by the State,acting by and through the duly authorized representative of tMe COMMISSIONER:and the MUNICIPALITY,which has caused this Agreement to be executed by its duly antRori,-ed officer on Me date and year first above written. Over V Page 11 of 83 Agency Certification contract No. D010779 "In addition to the acceptance of this contract,I also certify that original copies of this signature paye will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY By BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) SS: COUNTY OF S. Westchester County ) On the day of in the year before me personally came to me known who, being by me duly sworn.did depose and say that he resides in New York that he is the of the municipality described in and which executed the above instrument:that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly adopted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 12 of 83 MAP SHOWING VILLAut ur R Y t ISKUUK KtSPUNSuiILITY FOR SNOW&ICE CONTROL ON STATE HIUHWAYS tUK THE StASUNS OF zui4/i5-2u16/17 UUN I bK LANY,mMUN Uur i SACT LANE MILES 11.20 SNUw A-Nu ICE CONTROL SIUNED Ktu+UNAt ul!MuTuR vF OetRATIONS DATE SIUNtu FOR MUNICIPALITY uAI t Rye YYtv+wlr_v1LJJ G{JUfYI J o ��a r Lake 22 Hei ,is 120 120A Rye U MYEG"E � brook 684 pU RSE a 30 7 1W�°R Ey Port 2 28 e Chester a I 26 10 120A 120 125 127 5 95 0 3 S Cl 2 Page 13 of 83 uuntma# Movilcipaitity Ext.season Region D010779 I village of Rye BrauR/5 we.teFic.tar County Zu16n i a AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AtaREEMEN i This Agreement made this day of by and between THE PEOPLE OF i FIE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by ana through the Commissioner of Transportation of the State of New Yurk (hereinatter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinatter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNIL;IPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997;and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1.1996 and the said Agreement provides that the parties may at the ene of each year of the term of the Agreement extend such term for an aaditional year; and WHEREAS,the present term of the Agreement;as extended,expires June 30: ZU1 b:and WHEREAS,Section 7 of the said Agreement provides that the COMMISSIuNER shall furnish the MUNICIPALITY with a suitable map for each term of the Ayreement,or for any extendea term thereof,modifica to show the crianges,if any,to the State Highways attested by this Agreement. WHEREAS, Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the tip m fur extension of trIe Agreement-, WHEREAS,Section 9 of the said Agreement also providers fur an adjustment tu the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned'Indexed Lump Sum Snuw and Ice Agreement Between New York State Department of Transportation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY.which shall be ettective for the remainder of the term of the Agreement cummencing July 1; 2016- unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Agreement shall be per lane mile for 11.2 lane miles fora total of $ 11,16/3.150 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF.This Agreement has been executed by the State,acting by and through the duly authurized representative of the COMMISSIUNER,and the MUNICIPALITY,whish has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. uver V Page 14 of 83 Agency CeRification Contract No. 13OiOii9 "In addition to the acceptance of this contract,I also certiry that original copies of this signature page will be attached to all other exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPHLITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE uF NEW YORK ) )Sb. COUNTY OF S.Westchester County ) On the day of in the year befure me personally came to me known who,being by me duly sworn,did depose and say that he resides in I New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governiny Body of said municipality pursuant to a resolution which was duly adopted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 15 of 83 iwAr SFluW inG VILLAUE uF Rvt BKuuK RESFuNSIBUTY PUR SNuw K lcE I.IJN I KUL vN STA i t RIuH WAYS FOR THE SEASONS Ul•_ 2u I vn s-iu I of 17 CENTEK LAM':MILES CON I KALI LANG rvIILGJ 20 SNOW AND ICE CONTROL SIUNED REGIONAL Dwhu I uR uF OPtKA I iuNS DATE SIUNED FvR MIUNiup7¢iTY DATE Rye ® ,�� vrwlvllwicn 0.0wrrI . pQur Lake zz Hei �tts ,zu. 120A .�� L li�> Rye U COME B raa�C 6Ei4 PU NASE 29 Port s 2 28 e Chester 9 N a i 26 C0 ,Q 12ua ,2� 125 127 �. 5 � 96 3 @ a 127 21/ M - Page 16 of 83 coidract# Municipality Ext season Region# 00 iur ra village of Rye Broolt i S vves[ctlester County zu 16711 8 AGREEMEN i 10 EXTEAu INuEXED EUMP SUM MUNICIPAE SAOvv AAD ICe AGRECmEIa i This Agreement made tRis day of I3y and between I RE PEOPLE OF THE STATE OF NEW YORK(hereinafter referred to as"S I A i E"),acting dy and through the Commissioner of Transportation of the State of New York (hereinafter referred to as "COMMISSIONER"),and the of the Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of Transportation and the Municipality of Village of Rye Brook dated December 2, 1997-,and WHEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended,expires June 30. 2016-and WHEREAS,Section t of the said Agreement provides that the COMMISSIONER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof;modified to show the changes;if any;to the State Highways affected by this Agreement. WHEREAS; Section 9 of the said Agreement provides for an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions of Section 9 at the time for extension of the Agreement; WHEREAS;Section 9 of the said Agreement also provides for an adjustment to the actual payment amount based on the intensity and severity of the winter season: NOW; TREREFORE, in consideration of tMe mutual covenants and 5enefits between the parties, WITNESSETH: 1. The aforementioned"Indexed lump Sum Snort and Ice Agreement Between New YorR State Department of Transportation and the MUNIt;IPALITY"is hereby extended fur a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parts thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the femainder of the term of the Agreement commencing July 1 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified n Section 9 of the aforementioned Agreement shall be $1,578.00 per lane mile for 11.2 lane miles fur a total of $ 17,673.60 for the 2014/15 season and for the remainder of the term of the Agreement commencing July 1; ZU74,unless changed by future update. IN WITNESS WHEREOF,This Agreement has been executed by the Stat.,acting by and through the duly authorized representative of the CuMMl5sIONER,and the MUNILIPALITY,which has caused this Agreement to be executed by its duly authorized offi,,er on the date and year first abuve written. uver V Page 17 of 83 Agency Certification Contract No. D010779 "in addition to the acceptance of this contract.I also ceRify that original copies of this signature page will be attached to all oiMer exact copies of this contract." THE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated S i ATE OF NEW YORK ) )SS COUNTY OF zi. Westchester County ) On tMe day of in the year before me personally came to me known who,being by me duly sworn,did depose and say that he resides in I New York; that he is the of the municipality described in and which executed the above instrument;that he executed said instrument by order of the Governing Body of said municipality pursuant to a resolution which was duly ad.pted on a certified copy of such resolution attached hereto and made a part hereof. Notary Public Page 18 of 83 MAP SHOW INO VILLAUt Or KYt BKvuK IZFSYONS®ILII r rvR SNvw ac wE LvN i KVL vN S LATE HIGHWAYS FOR THE SEASONS OF 2014715-m ion 7 LEN I GK LANG:MILS) I;vIV I KAL I L."L IYIIL'LJ 11.20 SNOW AND ICE CONTROL SICiNtU Ktli1VNAL UIKbU I OK Vr OYtKA 1 IVNS DATE SIGNED rOK MUNICIPALITY DATE =� bye �N �� VYLVJVJfLVJLt/ v�,vrr�J 22 Hui . tS 120 1ZUA wf� L 1�;> Rye U COUEGE PU SF Brook 3U 29 Port 8 2 28 Chester 9 a i 10 1ZUA S `� 26 120 (�✓} 125 127 5 95 1 1 3 4 127 21/ 22„ - Page 19 of 83 Uuntracts Municipality Ex[season Region# D010779 I vihi qe of Rye Brom t S.vve,tche.ter uvanty 201611 t is AGREEMENT TO EXTEND INDEXED LUMP SUM MUNICIPAL SNOW AND ICE AuREEMEN This Agreement made this day of by and between THE PEOPLE OF I FIE STATE OF NEW YORK(hereinafter referred to as"STATE"),acting by and through the Commissiunerof Transportation of the State of New York (hereinafter reterred to as "COMMISSIONER"),and the of ine Village of Rye Brook of (hereinafter referred to as"MUNICIPALITY")as follows: WHEREAS,the COMMISSIONER and the MUNICIPALITY have entered into an Agreement No. D010779 entitled "Indexed Lump Sum Snow and Ice Agreement between the New York State Department of TranspoRation and the Municipality of Village of Rye Brook dated December 2, 1997;and WFIEREAS, the term of the said Agreement is for a period of three years commencing July 1,1996 and the said Agreement provides that the parties may at the end of each year of the term of the Agreement extend such term for an additional year;and WHEREAS,the present term of the Agreement,as extended;enpires June 30:1016:and WHEREAS,Section 7 of the said Agreement provides that the uOnnMISSIuNER shall furnish the MUNICIPALITY with a suitable map for each term of the Agreement,or for any extended term thereof,modified to show the changes,if any:to the State Highways affected by this Ayreement. WHEREAS, Section 9 of the said Ayreement provides Tor an annual update of the estimated expenditure to be determined by the COMMISSIONER subject to the provisions or Sertion 9 at the time for extension of tMe Agreement: WHEREAS,Section 9 of the said Ayreement also provides Tor an adjustment tu the actual payment amount based on the intensity and severity of the winter season; NOW,THEREFORE, in consideration of the mutual covenants and benefits between the parties, WITNESSETH: 1. The aforementioned"Indexed Lump Sum Snow and Ice Agreement Between New York State Department of TranspoRation and the MUNICIPALITY"is hereby extended for a period of one year;now to expire on June 30,2017,unless further extended. 2. The State Highways or parrs thereof affected by this Agreement are as delineated on the attached map, agreed upon by the COMMISSIONER and the MUNICIPALITY,which shall be effective for the remainder of the term of the Agreement commencing July 1, 2016, unless changed by future agreement between the COMMISSIONER and the MUNICIPALITY. 3. All the terms and conditions of the original contract remain in effect except as follows. The indexed lump sum estimated expenditure specified in Section 9 of the aforementioned Ayreement shall be $1,578.00 per lane mile for 11.2 lane miles for a total of $ 1[,613.60 for the 2014/15 season and for the remainder of the term of the Ayreement commencing July 1, 2014,unless changed by future update. IN WITNESS WHEREOF,This Ayreement has been executed by the State,acting by and through the duly authorized representative of the COMMISSIONER.and the MUNICIPALITY,which has caused this Agreement to be executed by its duly authorized officer on the date and year first above written. uver V Page 20 of 83 Ayency Certification Cuntract No. D010779 "in addition to the acceptance of this contract,I also certity that original copies of this signature page will be attached to all other exact copies of this contract." TRE PEOPLE OF THE STATE OF NEW YORK MUNICIPALITY BY BY for Commissioner of Transportation ATTORNEY GENERAL'S SIGNATURE COMPTROLLERS SIGNATURE Dated Dated STATE OF NEW YORK ) SS' COUNTY OF S. Westchester County ) On the day of in the year before me personaily came to me known�,,ho,being 5y mie auly sworn,did depose and say that he resides in I ive- York: that he is the of trte municipality described in a,id which executed the above instrument:that he executed said instrument by order of trte Governing 6o5y of said municipality pursuant to a resolution which was duly adopted on a cert1fied copy or such resolution attached hereto and made a part hereof. Nota y Public Page 21 of 83 wtAr SI1vW INU VILLAGE OF RYE BROOK RESPUNS IB ILII Y I-OR SNOW&ICE CON I RvL vN Si At t H IvH W A YS FvR i I9E SEASONS OF 2U l4/I -2l)l6/1/ CENTER LANE MILES CON I RAU r LANE MLL Lb SNOW AND ICE I I.GU CONTROL SIGNED REGIONAL DIKE(:I OR OF UPERA I IUNS DA t t SIUNED FOR mu-mutrALIT Y DATE VYLJltillLJILll ULYWIVI I pQ�e r l f{ILC 22 H e g,hi 12U 120A .✓'� L IC� UE Rye 6 HASE 41 Brook 30 1 AN�fl 1 29 Port e 1 Chester 9 IlU lYOA 26 12u 125 127 - 5 s5 D Q 3 4 127 Page 22 of 83 APPERVIA A STANDARD CLAUSES FOR NEW YORK STATE CONTRACTS PELASE Krz I AIA i Rib DuuuMEA i FOR FUTURE REFERENCE. January 2014 Page 23 of 83 STAMORgU GGIU0E'Iun NYS COmmall m IIFMIXA STANDARD CLAUSL'S rUK NYS CUN I KAC IS wurract shall be void aiia of uu tu.ce and uncut u..lc.s the Contractor shall provide and maintain coverage during the life I no parties to file attached co.itract,license,lease,amendment of this contract for the benefit of such employees as are or othc. a6..,.-ma ur al.y k;..'a(nGen.attc., "tne contract" u, reyuned to be covered by the provisions of the Workers' "this contract") agree to be bund by the fallow;I.6 clauses Cv.npe.nsdtion Law. which are hereby made a part of the contract (the word "umitracto." nu.eirt ictets to arty party other than the State, 5. NON-DISCRIMINATION REQUIREMENTS. To the whethc. a c;of.trw:;w,- 6vccttsct, I;cemrc. le.snt, lessee of ally extent requited by Article 15 of the Executive Law (also Other party): Knowtl as the Human Kigtlts Law) and all Met State aua vcdmisl statutmy mud 'wu.titutioual nau-aisG unnfativu I. ExECu-i oKY CLAUSE. In accordance with Section 41 provisions, the Contractor will not discriminate aga;.,st al.y of the 5ratc ri..ance Law, the State .hall have ito liability employee or applicant for employment because of race,creed, under this co..tract m ncc um.tramu, oi to a..yo..e ase MyMiZI color, sex (inclu1tig geudei identity of expression); national funds appropriated and available for this contract, a.;gily sexual M iCIAdtiOtt, uulitaly statuesage. disability, predisposing genetic cha.acrc,;.tics,ulautal.tatus of &...est;c L. INUIN-ASSIUNMEN r CLAUSE. in accordance with violence victim status. Furthermore, in accordance with Sea,U,. I JS at me State hn.aiiCC Law,this MitraCt tidy uv[be Section 220-e of the Labor Law, if this is a contract for the assigned by the Contractor or;is Ii6ht,title m thele;n CO.IstruCtiOn, alteration of .epa;t Of d.ry public building of assigned, transferred, conveyed, sublet or otherwise disposed public wank a, fol the n..anuractwe, sale m d;.tribution of ut without ME State's previous written consent, and attempts materials, equipment or supplies, a..d r the .Aima that Th;. to do .o ate .lull and vu;d. Notwithstdiiding the foregoing, contract shall be performed within the State of New York, such pl;a. -,;tic,, CO3.5e.tl Of alt ass;g.uuent Ot a MitraCt Ict Cot tractut artees that neither it nor its subcontractors shall;by pursuant to Article Xi of the Statc Fu.auw Law -ay be .eab011 aI face.Geed,COIoI;d;sab;l;ty,sex,OI national Ought: waived at the discretion of the contracting agency and with the (a)discriminate h;I;I.g ages;I..t a..y Ncw Y o.k State citi'e" Concuf.et.ce Or the State Cumptroller where the original who is qualified and available to perform the work; or (b) -ontracr was suojEct to the State Comptroller's approval, disctminate against or intimidate any employee hired for the where the assignme.,t is duc to a .'w16auiaaTluu, iiiuigm of pertuimanee of wu,K unlet this contract. It this is a building consolidation of the Contractor's business entity or e.ac.p.;sc. scI v;cc cr-tract as dernled ;.. SEcuuff zjU at the Labo. Law: I he State retains its right to approve an assignment and to then, in accordance with 239 thc.cof, Cmaracta. .eyw.e that auy Cuiaraetoi demon.trate its responsibility to do agrees that neither it nor its subcontractors shall by reason of b..s;I.c.3 with the Statc. 1 he Cmaractu. .nay, noweve.,a.s.gu Ince; creed, color stational origin, age, sex or disability: (a) its right to receive payments w;Thu..t the State3 pn;ul .,;tic,. discii...i..ate It,nuu.g agau.st any New MIC State Citi/ell who consent unless this contract concerns Certificates of ;s q..al;ficd dial available t., p%rtvnn. rho w.,.K• o. (b) rart;u;patiutt pursuant to Article 5-A of the State Finance Law. discriminate against or intimidate any employee h;.cd fa, thz performance of work under this contract. Contractor is subject 3. COMPTROLLER'S ArrKOVAL. 1,, ac.u,ddn.CC with to hoes of $-'iu.UU pet poison pet day for any violation of Section 112 of the State Finance Law (or, if this contract ;s Scctirm 225-E o. Sectio..ZJY as well as possible teluuuatluu with the State University or City University of New York, of this co..tract a,,d f rt.tuic of all I.I .I.y.duc he.eu..du. tui Sectio.. s» of Section SL IS at the t3tication Law), if this a second or subsequent violation. MITraet CA=ds$DU,VUU('vt the uuwuwul tn.esnulds agluca to by the Office of the State Cc...prrullc. fof certaiI,S.U.N.Y. 6. WAKE AINU HQUKS rKUVISIONS. It this ;s a public and C.U.N.Y. contracts), or if this is an amendment for any �Ik cmaract caveIcd by Article S or me LabOI Law U. a amouia to a contract which, as so amended, exceeds said building service contract covered by Arriclz 9 tho,caf, .tatututy amUutit, of ;t, by this coutraet, the State agrees to Conuactor's employees nor the employees of its give .o...nh,ir, otne, tna.i money when the value OI subcontractors may be required or permitted to work more reasonably estimated value of —ch cell.;dc.ario.. Excee& tna.r the ntu...bcl Of IlOuts uI days stated u.said statutes;eAcept $10;000, it shall not be valid, effective or binding upon the as otherw;sc p.av;ded i.I the Laba. Law a,,d a. set Turin ;I. State uIIt;1 it has beets approved by the State Comptroller and prevailing wage and supplement schedules issued by the State filed in hi.attire. CO.nptrollei's app.Oval Of COutraCts let by Labor Department. Furthermore, Contractor and its the Office of Gene.al Se."C:C3;.Icyui.cd who,,such ea.Itract. .uMuntracto.s must pay at least file prevd;litt6 wage tate and exceed $85,000 (State Finance Law Section 163.6-a). pay m pr-;dc the p.eva.Gng supplc.n.ents, ;haul,IIg the Mwevet, .uch pie-approval shall not be required for any premium rates for overtime pay, as determined by the State m--tract c5tabLsneQ a. a CeutraltacCI eotrtraCt through the Labor Departtttent in accordance with the Labor Law. Office of Gene.al SG vlec. aI fan a punc;ha.E a.dE. o. atna Add;t;o...fly,etteotive Apt 11 28,20087 if this is a public work uansaction issued under such centralized contract. er-trart wvGcd by Article 8 or me Ldbo.Law,the CMttractoi understands and agrees that Ihu fir;..g of payrolls in a.harm& 4. WUKKEKS' CO-mmNSAI JUN BENEyulS. In consistent with Subdivision 3-a of Section 220 of the Labor accordance with Suedes.. 142 or the Sratc ri.aa..Ce Law,, this Law.hall be a condition precedent to payment by the State of Pa6c 3 January 2014 Page 24 of 83 STANDARD CIAOSIS FOR NYS CONTRACTS IRFIDOiA whereby a contracti.,g agency ,s ce,., ;ucd to c,.Nc..d e, dt c5 oppurtu„;ty wn;cn errec[uatc5 the t,u,Po5z;of th;s a,.ctiz;. 1 he expend funds in return for labor, services, supplies, contracting agency shall determine whether the imposition of equipmriA. mateuals 0r arty combination of the foregoing, to the requirements of the provisions hereof duplicate or conflict be Ncrto..ue8 rO._ o, .atdctea v. tunusncd t3 the cor,trat,t;,.g with ally such teaeral law dila ;t such aupl;cativn ol c0ntlict agency; or(ii)a w,;ttc„ agrcc...c„t ;. - crm of$1vu,w5.vv e,.i5t5 me umaractiug agency snail waive the aNNlicabiliry or whereby a contracting agency is committed to expend or does Section 312 to the e,.te.a of such duplication or conflict. expend funds for the acquisition, consuuction, demolition, Contractor will comply with all duly promulgated and lawful Irplaccmrcut, mrajOt ,cpa;, at tem0vatiotr Ot teal property and rules and regulations of the Department of Economic IZ vvCmGaa thc.,mc u. (u.) a wuttcu ag,Ccmma u ., . cness UcvelUpmentb Uivisivm UT Minthiry and mt WUemtt 's bustess of$100,000.00 whereby the owner of a State assisted housing ucvc1op.,,cnt Nertai..;,.g hc.cru. project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major 13. CONFLICTING TERMS. In the event of a conflict .CPan O. tcmOvativn Ot .cal Pr OPdty attd umP,Ovem,CntS bctwCem the terms vt the cOmtract (nwludmg ally a,ta all tha- n fm ­ch N Hca,ihc,,the f llew.,.g shall apply a„d by artach...c..ts thc,cto anal an r,,d,nc,.r5 dtacef)a„d the tc....s of signing this agreement the Contractor certifies and affirms that this Appendix A,the terms of this Appendix A shall control. it is Contractor's equal employment opportunity policy that: 1Z1.GQV EKIV11NG LAW. I nib c0utr4rt snail be govcu,-ca by (a) 1 nu Cm.tract-v, w.11 nut a.5c.nmuate agau.st cu.Nloyees o, the laws or the J[ate or New Yu,K cnwN[ whmc the t',dmal aNNl;ca,.ta to. z...Nloy,nc,a bccaosu of ­cc, c.ccd, celm, s..premacy clause requires otherwise. national origin, sex, age, disability or marital status, shall make and document its conscientious and active efforts to 15. LATE PAYMENT. Timeliness of payment and any Ou.Ploy ana ut.114e uunvuty g.vup mtembcts ana women n. its uactest to be Pa.d to Coi,tracty, to, late Paymtemt shall be wu,k f,cc un Statc cc;ntract5 a„d -I'll ondcrtakc u, ce..tinoc S. z...cd by Article t l-A of the State F;„a,.cc Law to the existing programs of affirmative action to ensure that minority extent required by law. group members and women are afforded equal employment opportunities without discrimination. Atfirmative action shall 16. IVU AKKI'1 KA7 IUIV. 1),bputes utvolving this contract. ...ean .ec,o;tmc,.t. 2,nPloy.ne,a. fob aaa;gmncnt. P,omotibn_ ;.,clod;,.g the b,cach u. alleged bleach thmeof, .nay ..Z;t b, ul,grad;ngs,dc...oum.,tra,.sfer,layoff,or te,,.,;,.ario.,a„d.aces s..bm;aed to binding arbitrarion (except where statutorily of pay or other forms of compensation; authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. (b) at the request Ut the CuntraCtiug agunCy, the COntrtiCkh snail ,cqucat each em,Ploymteu[ agcucy, Iabo, u.ucu e, 1/.SEKVK:L UP MUCESS. L.add.acu to th.,u,cthzds of a,.thu.;�i-_d ,cpmsma tivz of we,ku;,s w;th which ;t has a service allowed by the State Civil Practice Law & Rules collective bargaining or other agreement or understanding, to ("CPLR"), Conuactor hereby consents to service of process furnish a written statement that such employment agency, upon it by registered or certitted mail;retu„r r.:Ce;Pt requested. IabO, uwOu O, represe,itative will not aiscrit„ittatc On the basis Se,vice he,eumde, snarl be Complete uP0„ U01117ractv.b actual or race- Ctecn, 0010.. ot'Mad 0ugmt. acn_ age, dI ay u. .ew.Pt of P,ecC35 c. opo., the stags ,wGNt of the ,cruu, ,,a,;tal 3tatu5 mA that such ­,v­ .cp,cszaa.dvc w--ill thereof by the United States Postal Service as refused or affirmatively cooperate in the v implementation of the undeliverable. Contractor must promptly notify the State, ;,r Contractor's obligations herein;and writing,Ut each and every change Ot aaa,eaN to which set v;cc or P.ocess ca,,be...ade. set­cu by the Statc to the last knew,. (c) the Cmarae[o, shall state, ;n all sal c;[alio„s o, add,cm shall be s..ffrc;e„t. Contractor will have thirty (30) advertisements for employees,that,in the performance of the calendar days after service hereunder is complete in which to State contract, all qualified applicants will be afforded equal respond. employment opportututies without disCrim ivati0u DCruusc Ut t a%C c.eea_ COIv._ ,dtiUnal Ottgnt_ acn_ age_ a;sab;lity e. 18. YKU"itsi i 1U1V UIV YUKCHASE UP I KUYICAL a„tal status. HARDWOODS. The Contractor certifies and warrants that all wood products to be used under this contract award will be Contractor will include the provisions of "a", "b", and "c" in acco,aamec with, but not limited to,the bpCGt,..atiO„a aura above. IIIeve,y bubCvutrart ovc, $2_-)_000.UU tu. the Pte V.5,en5 or SCctim, 10.3 of thr. Statc Law,(u3c of ce.atroct;o,,, dc...ol;t;e,,, cplacr...ma, ,,,aje, ICpa;,, Tropical Hardwoods) which prohibits purchase and use of renovation, planning or design of real property and tropical hardwoods,unless specifically exempted,by the State improvements thereon(the"Work")except where the Work is or any governmental agetrcy a, political subdivis;o,t Or Public tot the bcnettcial use of the C011tractut. Section 312 does not bencnt uO,Pv,ativn.tlual;atatio,,t0, alt encmtPt;m,uncle, tn;s apply to: (;)wv,K.r,00&0t set vices umt'clatca to tnts Comtraet' law wall be the,CSPv„a;b;l;ty of the CO.,traCTU, t.cstabl;sh to o, (;;)e,,,t loyu,eut outs;de New York State. The State shall meet with the approval of the State. consider compliance by a contractor or subcontractor with the ,equiremremts of ally teae,al law comccnung equal ctmploym,Emt Page 5 January 2014 Page 25 of 83 SInNCnNN CIAMS tun NYS CUWMCTS ArFE11NNln the contract, the Department of Civil Service zu d the Stag li,,,ited to, imt osi„g sanctions, seeking compliance, Comptroller. recovering damages,or declaring the Contractor in default. L4. Y KUCUKLIVILIVI LUISBYINU. 10 The entcut thin Inc state ag'encoy te3ct Vez,the IIgnt to Icj,cut ally OiQ_ Icyucst agreement is a"t,rocu.e,,,a.t co„tract°a3 dcfi,.Cd by fb. a33igwud,t,,a ucwal m cntcusi0,l f0l a.,c,,tity that at,t,ca,s State Finance Law Sections 139-j and 139-k,by signing this on the Prohibited Entities List prior to the award,assignment, dr,imment the Contractor certittes -and affirms that all renewal or extension of a contract, and to pursue a a.3Clu3wc3 n,ad'c fll aCUutaauCc with State rntatim Law ,estrus ibi Lty,evicw witn,c3Ncct to ally entity that i3 awa,aea Seut,7„3 139-1 m.d 139-k arc"n.t,1mc,truce Sud ai;culatr. 1u a cul aract and appua.. 0u me Y,vn,b,tc4 L,at"E. Imt artel the event such certification is found to be intentionally false or contract award. intentionally incomplete, the State may terminate the dgreen.ettt by Nrovianrg written notittCation to the Contractor ui accol Um.c;r with the tel u,s ut Inc ag,ceutcut. 25. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CER I AIN S 1 AI_U IUN I KAU I ORS, AF ILIATKS AIVU SUDCON I KAC 1 UKJ. To the extent this agreement is a contract as defined by Tax Law Section 5-a, if the contractor fails to make the Certftrcati0n teyunCa by Ian Law Section!I-it at it auung the tC, ..ur the ru.,trait,the uct,dn—cla ur lanatim,and ru,5.Xc or the covered agency, as defined by Tax Law 5-a,discovers that the certification, made under penalty of perjury, is false, then such failure to file or false certification shall be a material OtCaCh Ot thin GOutract dila tnis COutraGt nmy be ter uuuated,by t»Jv idil.g —'a— ,.mincat'm,to me Cuutra,tul i,I aCCOlaaucc with the terms of the agreeme,.t, if the covc,cd age„z;y determines that such action is in the best interest of the State. 60.MAIN UI V ES UVILIV 1 AU I. rsy euteuug udu this Agrcmn.e„t,CunnrZlMG,zrriific3 i.,auzulda..ce with Stare Finance Law§165-a that it is not on the"Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New Y U,K Stat-.hall Ui vestment Act of ZU I Z”("ter Ohibitea butitics LI3Y)t,v3tca at: httt,://w.v w.0ga_i.y.�.0v/ab0ut/I cg3/decs/Li3t—vfEutitie3.t,df Contractor further certifies that it will not utilize on this Contract any 3uboi,adut0, that I3 identiLea Gil Inc riuhibitea Cnt,tic3 1,131. COurrarto, ag,ces that 3nuu0 It 3cGK to IM.EW 0. extend this Contract,it must t,ro.ide the 3a...c certifiea6o„at the time the Contract is renewed or extended. Contractor also agrees that any ptot,osed Assignee of this Contract will be Ie4w ea t0 iertlly that It is u0t oil Inc ViOnIMI-.Q CnGt103 Lwt befo,c the,,o,.traer a33ignn,c.,i Will be appo.ed by the Stag. During the term of the Contract, should the state agency tuccIVc nttuuuatiuu that a petsOu(as aentrea ut State 141115uce Law 13 w v,01aUou ur me above-I Ctd eueea certifications, the state agency will review such information and offer the person an opportunity to respond. If the person tails to aemottstrate that it has ceasea its engagement in the u,vcstnleut act.vlty wniih I3 uI vi0latiou Or Inc Act wIthnl 90 days afte, the dctu,,..i„atio., of inch violzrtI'7 I, the„ the Matc agency shall take such action as may be appropriate and t,Ioviaea tot by law, rule, of contract, including, but not Page 7 January 2014 Page 26 of 83 September 13,2016 RESOLUTION CONSIDERING MOVING THE VILLAGE BOARD MEETING FROM OCTOBER 11,2016 TO OCTOBER 13,2016 AT 7:OOPM. NOW THEREFORE BE IT RESOLVED, that due to a scheduling conflict with Yom Kippur, the Village of Rye Brook Board of Trustees hereby approves that the Village Board meeting be moved from October 11, 2016 to October 13, 2016 at 7:OOPM . Page 27 of 83 September 13,2016 RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON JULY 26,2016 AND AUGUST 23,2016. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees approve the minutes for the meetings held on July 26, 2016 and August 23, 2016. Page 28 of 83 VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JULY 26,2016 AGENDA 7:00 P.M.—EXECUTIVE SESSION 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS PUBLIC HEARINGS RESOLUTIONS: 1. Considering setting a public hearing_ an amended site plan at property located at 1100 King Street (Reckson ExecugVe Park) to construct exterior improvements including a pavilion and seating afea, volleyball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2. 2. Considering the request for removal of a significant tree at 278 North Ridge Street. 3. Considering an inter-municipal agreement between the Village of Rye Brook, Town of Rye, and the Port Chester School District to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. 4. Considering an inter-municipal agreement between the Village of Rye Brook and the County of Westchester for a Flood Mitigation Project grant to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. 5. Considering the conditional appointment of Firefighter(s). Board of Trustees Meeting July 26,2016 1 Page 29 of 83 6. Considering an agreement with Graybar as part of the US Communities Program to coordinate and install LED street lights throughout the Village. 7. Considering authorizing the purchase of a John Deere 1575 Commercial Front Mower on the basis of best value through NJPA. 8. Considering authorizing the use of Village Streets for the Wall Street Rides For Autism Research event on Saturday, October 8, 2016. 9. Considering the approval of the minutes for the meetings held on June 14, 2016, June 28, 2016, and July 12, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM UNFINISHED ITEM ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Regular Meetings: August 23, 2016 and September 13, 2016 BOARD: Trustee Susan R. Epstein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg Board of Trustees Meeting July 26,2016 2 Page 30 of 83 Excused: Trustee David M. Heiser Trustee Jason A. Klein VILLAGE STAFF: Christopher Bradbury,Village Administrator Alex Frank,Village Administrative Intern Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Tuesday, July 26, 2016 Board of Trustees meeting. He noted that the Board just came from an Executive Session on Legal matters & advice regarding the Fire Protection A ement by and between the Village of Port Chester and the Village of Rye Brook. Mayor Rosenberg stated that Trustee Jas Kle and Trustee David Heiser were excused from attendance at the meeting. He note e was a quorum, however, in order for a resolution to be adopted the appli w n d to have three affirmative votes. Mayor Rosenberg called for t first n the agenda: RESOLUTIONS: 1. Considering setting a public hearing for an amended site plan at property located at 1100 King Street (Reckson Executive Park) to construct exterior improvements including a pavilion and seating area, volleyball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2. Mr. Christopher Bradbury,Village Administrator,read the following resolution: Board of Trustees Meeting July 26,2016 3 Page 31 of 83 RESOLUTION SETTING A PUBLIC HEARING FOR ON APPLICATION FOR AN AMENDED SITE PLAN AT PROPERTY LOCATED AT 1100 KING STREET (Reckson Executive Park) VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, Reckson Operating Partnership L.P., property owner, submitted an application for approval of an Amended Site Plan Approval, Wetlands Permit and Steep Slopes Permit to construct exterior improvements at Reckson Executive Park, including a pavilion and seating area, volley ball court, two (2) bocce courts, and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 King Street, Rye Brook, New York, which also is own and designated on the Tax Assessment Map of the Village of Rye Broo s ection 124.8 1, Block 1, Lot 1 and Section 124.82,Block 1, Lot 1 (the"Prope ; and WHEREAS, the Board of Trustee t -the proval authority for the Amended Site Plan pursuant to Village Code §20-0-LA(1) and the Planning Board is the approval authority for the Wetland Permit and Stee Slopes Permit pursuant Chapters 213 and 245 of the Village Code; and WHEREAS, the Board o tees, pursuant to the State Environmental Quality Review Act (SEQRA) determines e proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, on May 10, 2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation; and WHEREAS, on July 14, 2016 the Planning Board issued its Report and Recommendation to the Board of Trustees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 23, 2016 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the above-referenced application. Board of Trustees Meeting July 26,2016 4 Page 32 of 83 BE IT FURTHER RESOLVED, that the Board of Trustees 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 directs that pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of public hearing shall be sent to the Town of Greenwich and the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. 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. William Null, Esq. addressed the Board as legleepresentative for the applicant. He noted that applications for an amended Site 4n, etlands Permit, and Steep Slopes Permit to construct exterior improvements inc udi a pavilion and seating area, volleyball court,two (2)bocce courts, and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 Ding Street have been submitted to the Village. The Board of Trustees referred this matter to the Planning Board. A report and recommendation of approval was made at the Planning Board's July 14, 2016 meeting. The application is now before oa o�rustees, who has final approval authority, to set a public hearing. `` Mr. Bradbury noted that notice as been sent to the Westchester County Planning Department, and to Harrison and Greenwich. Mayor Rosenberg stated that this matter should be set for the Board of Trustee Meeting scheduled for August 23, 2016. With the consensus of the Board, the public hearing was scheduled. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 5 Page 33 of 83 2. Considering the request for removal of a significant tree at 278 North Ridge Street. Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING A REQUEST FOR THE REMOVAL OF A SIGNIFICANT TREE AT 278 NORTH RIDGE STREET WHEREAS, the property owner of 278 Nr h Ridge Street has submitted a tree removal application to the Village of Rye Brook WHEREAS, under section 235-21 o e illa of Rye Brook Village Code no Significant Tree over 36" DBH shall b o without the approval of the Village Board of Trustees; and WHEREAS, said tree is con ignificant Tree. NOW, THEREFO BE SOLVED, the Board of Trustees hereby approves the Tree Removal Pe ' a lication made by the property owner of 278 North Ridge Street for the removal of the flowing: One (1)Elm Tree approximately 32"in diameter DBH AND BE IT FURTHER RESOLVED, the property owner of 278 North Ridge Street shall replant two (2) 2.5"trees as required by code in consultation with the Village Superintendent of Public Works. Board of Trustees Meeting July 26,2016 6 Page 34 of 83 On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mayor Rosenberg noted that he read report submitted by Mr. Nowak, Village Engineer, where he noted that the tree was 85% dead on one side. Obviously it needs to be removed. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg asked for one resolut��io o b to out of order. 5. Considering the conditional app *n'h en of Firefighter(s). Mr. Christopher Bradb re wing resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF A FIREFIGHTER NOW THEREFORE BE IT RESOLVED, that John C. Giordano, Jr. of 25 Monroe Place, Rye Brook, New York is hereby conditionally appointed to the position of Firefighter with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $67,399 with an effective start date of August 14, 2016. Board of Trustees Meeting July 26,2016 7 Page 35 of 83 Mayor Rosenberg noted that John Giordano, a prior Rye Brook employee, was being hired as Firefighter. This offer is conditioned on passing a medical exam. The goal is to hire two (2) Firefighters with each one assigned to each of the two evening shifts (3 days on/3 days off). The Board hired Mr. Giordano this evening, and a second fire fighter will be hired at a later date to mitigate the damage done by the Village of Port Chester. He thanked the fire fighters for staffing the fire house overnight. Mr. Bradbury noted that Mr. Giordano worked for the Parks Department and did a great job. The Village is glad to have him back. He congratulated Mr. Giordano, and noted that he would be starting mid-August. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein v ing e Trustee Jeffrey Rednick #<i ting aye Mayor Paul Rosenberg v g aye 4. Considering an inter- 'unicip�lal greement between the Village of Rye Brook and the County of Westchester for a Flood Mitigation Project grant to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. Mr. Bradbury read the following resolution: Board of Trustees Meeting July 26,2016 8 Page 36 of 83 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE COUNTY OF WESTCHESTER FOR A FLOOD MITIGATION PROJECT GRANT TO SHARE FUNDING FOR A FLOOD MITIGATION STUDY IN THE VICINITY OF AVON CIRCLE,AS WELL AS DOWNSTREAM,INCLUDING BOWMAN AVENUE AND THE AREA WEST OF THE PORT CHESTER MIDDLE SCHOOL BUILDING WHEREAS, the area along the eastern Branch of the Blind Brook in the Village of Rye Brook between the Rye Ridge Condominiu own as Avon Circle and the lower pond on Bowman Avenue has historical ex enced significant flooding and negatively impacted and caused damage to sid tial properties and Port Chester Middle School properties; and IX WHEREAS, the Village of Ryd gook, the Town of Rye, and the Port Chester Union Free School District have received a Flomd Mitigation Study proposal from Dolph Rotfeld Engineering, P.C. d' d July 14, 2016 (the "DRE Study") to seek ways to improve these flooding conditions; and WHEREAS, the DRE Study would evaluate flooding conditions in the vicinity of Avon Circle as well as downstream areas including Bowman Avenue and the vicinity of the athletic fields immediately west of the Port Chester Middle School building; and WHEREAS, the DRE Study proposal fees for Phase 1 and Phase 2 are estimated to be $95,000.00 for investigation survey, hydraulic modeling and preliminary engineering, which includes $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School; and WHEREAS, in 2011 Westchester County adopted a Stormwater Management Law and developed a program whereby funding is available to eligible municipalities for flood mitigation or flood damage reduction projects if such projects are included in the reconnaissance plans prepared for each major drainage basin; and Board of Trustees Meeting July 26,2016 9 Page 37 of 83 WHEREAS, flooding and the need for a flood improvement project in this area has been identified in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound Watershed (August 2013) making the vast majority of the DRE Study eligible for municipal funding assistance through the Westchester County with the exception of the $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School which is also included within the study; and WHEREAS, the Village of Rye Brook, with the support of the Town of Rye and Port Chester Union Free School District, has submitted a Stormwater Management Law Flood Mitigation Project Application Form to the County of Westchester seeking 50% of the costs of Phase 1 and 2 of the DRE Study in an amount not to exceed$50,000; and WHEREAS, the remaining 50% of the costs would be shared as follows: Rye Brook 25% (up to $25,000), the Town of Rye 12.5% to $12,500), and the Port Chester Union Free School District 12.5% (up to $12,5 ; a WHEREAS, the Village of Rye Broo has pared an inter-municipal agreement for the consideration of the Village of Rye t Town of Rye, and the Port Chester Union Free School District outhkan igations of the Village of Rye Brook, the Town of Rye, and the Port C eree School District for this cost sharing commitment and coordinatio of and school district efforts (the "IMA"), as more particularly described in th WHEREAS, the Village of Rye Brook, on behalf of the Town of Rye and the Port Chester Union Free School District, would further agree to coordinate and take the lead municipal role on the Westchester County stormwater application and project coordination with Westchester County, including the approval of a separate inter- municipal agreement between the Village of Rye Brook and Westchester County for Westchester County Phase I stormwater funding of this project; and WHEREAS, Phase 1 and 2 of the DRE Study consisting of design and feasibility studies is a Type II action pursuant to Section 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA") and therefore no further environmental review is required for Phase 1 and 2. Board of Trustees Meeting July 26,2016 10 Page 38 of 83 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board is in full support of this flood mitigation project, the DRE Study, the funding commitments, and the submission of an application to Westchester County for flood mitigation funding; and be it FURTHER RESOLVED, that following the full execution of the IMA between the Village of Rye Brook, the Town of Rye and the Port Chester Union Free School District, the Mayor and Administrator are authorized to sign the Westchester County Phase I Stormwater Management Law Funding Program IMA between the Village of Rye Brook and the County of Westchester and also execute all additional documents as may be necessary for the purpose of receiving Stormwater Management Law Phase I funding assistance for this flood mitigation project; and be FURTHER RESOLVED, that the e ye Brook agrees to take the lead to coordinate the DRE Study and the flood mitigation project and any related paperwork and payments or reimbursements requ' - 'nthe project proposal and related agreements with Dolph Rotfeld Enginee ' a ounty of Westchester. Mr. Bradbury noted that he read resolution #4 before resolution 3. The two resolutions actually go together. He gave a brief overview of the resolutions and what brought them on. He noted that the Village of Rye Brook, Town of Rye and Port Chester School District are working together to address flood mitigation projects that would help the residents on Bowman Avenue, in Avon Circle and other areas as well as the school district properties in the middle school athletic field area. Residents can go to the Village's website to see videos of storms from 2007. The first step was to hire Dolph Rotfeld Engineering to review the area and suggest ways to remediate the flooding. There is funding available through the County due to the Village including a project in the Avon Circle area in the LI Sound Reconnaissance Plan. An IMA between the Village, Town and School district would allow for the remaining 50% of the project costs to be paid by the Village (25%), the Town (12.5%) and the School District (12.5%) will be put in place. The Village has allocated $25,000 for this Board of Trustees Meeting July 26,2016 11 Page 39 of 83 phase of the studies for this project in its 2016-17 annual budget. The Village would also take the lead project role with the three agencies and also the County. An IMA is noted in resolution #3, and it establishes the funding between the Village, Town and School district. This IMA between the Village and County is needed to move the County's funding application forward. The Village has allocated $25,000 for this phase of the studies for this project in its 2016-17 annual budget. The Village would also take the lead project role with the three agencies and also the County. This is only Phases 1 and 2 of the DRE study and a Phase I IMA with the County. Based on the outcomes, DRE's Phase 3 and a WC Phase Il IMA may be needed at a later date. There is a second IMA with the County, which will not be signed until the first IMA is in place. The application will go to the Westchester ounty Advisory Board, and then it will be presented to County Officials. ,e. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan tein voting aye Trustee Jeffrey Re nick voting aye Mayor Paul Rosenberg voting aye 3. Considering an inter-municipal agreement between the Village of Rye Brook, Town of Rye, and the Port Chester School District to share funding for a flood mitigation study in the vicinity of Avon Circle, as well as downstream, including Bowman Avenue and the area west of the Port Chester Middle School building. Mr. Bradbury read the following resolution: Board of Trustees Meeting July 26,2016 12 Page 40 of 83 RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK,THE TOWN OF RYE AND THE PORT CHESTER SCHOOL DISTRICT TO PARTICIPATE AND REQUEST FUNDING FOR A FLOOD MITIGATION STUDY WHEREAS, the area along the eastern Branch of the Blind Brook in the Village of Rye Brook between the Rye Ridge Condominiums known as Avon Circle and the lower pond on Bowman Avenue has historically ex erienced significant flooding and negatively impacted and caused damage to bot sidential properties and Port Chester Middle School properties; and WHEREAS, the Village of Rye Bro the wn of Rye, and the Port Chester Union Free School District have received a o gation Study proposal from Dolph Rotfeld Engineering, P.C. dated y 4, 016 (the "DRE Study") to seek ways to improve these flooding conditi WHEREAS, the DRE Stu wo d evaluate flooding conditions in the vicinity of Avon Circle as well as downstrea reas including Bowman Avenue and the vicinity of the athletic fields immediately west of the Port Chester Middle School building; and WHEREAS, the DRE Study proposal fees for Phase 1 and Phase 2 are estimated to be $95,000.00 for investigation survey, hydraulic modeling and preliminary engineering, which includes $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School; and WHEREAS, in 2011 Westchester County adopted a Stormwater Management Law and developed a program whereby funding is available to eligible municipalities for flood mitigation or flood damage reduction projects if such projects are included in the reconnaissance plans prepared for each major drainage basin; and Board of Trustees Meeting July 26,2016 13 Page 41 of 83 WHEREAS, flooding and the need for a flood improvement project in this area has been identified in the Westchester County Reconnaissance Plan for the Coastal Long Island Sound Watershed (August 2013) making the vast majority of the DRE Study eligible for municipal funding assistance through the Westchester County with the exception of the $7,500.00 for non-flood mitigation improvements at the Port Chester Middle School which is also included within the study; and WHEREAS, the Village of Rye Brook, with the support of the Town of Rye and Port Chester Union Free School District, has submitted a Stormwater Management Law Flood Mitigation Project Application Form to the County of Westchester seeking 50% of the costs of Phase 1 and 2 of the DRE Study in an amount not to exceed$50,000; and WHEREAS, the remaining 50% of the costs would be shared as follows: Rye Brook 25% (up to $25,000), the Town of Rye 12.5% to $12,500), and the Port Chester Union Free School District 12.5% (up to $12,5 ; a WHEREAS, the Village of Rye Broo has pared an inter-municipal agreement for the consideration of the Village of Rye t Town of Rye, and the Port Chester Union Free School District outh a igations of the Village of Rye Brook, the Town of Rye, and the Port C e ree School District for this cost sharing commitment and coordinatio of 1 al and school district efforts (the "IMA"), as more particularly described in th ; and WHEREAS, the Village of Rye Brook, on behalf of the Town of Rye and the Port Chester Union Free School District, would further agree to coordinate and take the lead municipal role on the Westchester County stormwater application and project coordination with Westchester County, including the approval of a separate inter- municipal agreement between the Village of Rye Brook and Westchester County for Westchester County Phase I stormwater funding of this project; and WHEREAS, Phase 1 and 2 of the DRE Study consisting of design and feasibility studies is a Type II action pursuant to Section 617.5(c)(18) of the State Environmental Quality Review Act ("SEQRA") and therefore no further environmental review is required for Phase 1 and 2. Board of Trustees Meeting July 26,2016 14 Page 42 of 83 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board is in full support of this flood mitigation project, the DRE Study, the funding commitments, and the submission of an application to Westchester County for flood mitigation funding which will also require the Village of Rye Brook to approve a separate Phase I Stormwater Management Law Funding Program IMA between the Village of Rye Brook and the County of Westchester; and be it FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign the IMA between the Village of Rye Brook, Town of Rye, and Port Chester Union Free School District, and is further authorized to execute all additional documents as may be necessary to satisfy the terms of the resolution and the purpose of the IMA; and be it FURTHER RESOLVED, that if the IMA is approved by the Village of Rye Brook, the Town of Rye, and the Port Chester Union Fre chool District, and the separate IMA is also subsequently approved between the a f Rye Brook and the County of Westchester, the Village agrees to take the co inate the DRE Study, the flood mitigation project, the County IMA in n, and any related paperwork and payments or reimbursements require t proposal and related agreements with Dolph Rotfeld Engineering and the Westchester. Mr. Bradbury noted that this re uti highlights putting the funding in place. The two resolutions are on the same path. e IMA is being prepared by Village Counsel. The Village is committed to this project. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 15 Page 43 of 83 6. Considering an agreement with Graybar as part of the US Communities Program to coordinate and install LED street lights throughout the Village. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF A CONTRACT FOR LED STREET LIGHTING VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook wishes to authorize the approval of a LED Street Lighting contract with Graybar Electric Co any, Inc. through U.S. Communities Contract No. MA-IS-1340234 for the materialsght and labor for the installation of said LED Lighting throughout the Village; a WHEREAS, Graybar Electric Comp ny was awarded said contract through U.S. Communities Contract NO. MA-IS-1340234 on the basis of it being the lowest responsible bidder, and Rye Brook's piggybacking of this contract is authorized by New York State General Municipa =aw; and WHEREAS, it is in the interests of the Village to approve this contract, which was awarded on the basis o the lowest responsible bidder, because the purchase and installation of this LED lighting is expected to result in savings of electrical and other costs to the Village over time, is environmentally friendly and will conserve energy, and the manufacturer has a reputation for providing quality goods and services; and WHEREAS, on or about May 15, 2016, the Village received a proposal for the materials, oversight and labor for basic LED street lighting at a price of $232,502.84, which amount is based upon an estimate price per fixture type and size; and WHEREAS, the Village desires to purchase an additional sampling of approximately fifty (50) LED street lights with interactive wireless monitoring and diagnostic capabilities at an additional estimated cost of $293.75 per fixture which includes software costs in accordance with this contract. Board of Trustees Meeting July 26,2016 16 Page 44 of 83 NOW, THEREFORE, BE IT RESOLVED, that Board of Trustees hereby authorizes the Village to enter into U.S. Communities Contract No. MA-IS-1340234 with Graybar Electric Company Inc., awarded on the basis of said company being the lowest responsible bidder, in an amount not to exceed of$250,000.00, subject to the approval of its Village Attorney; and BE IT FURTHER RESOVLED, that the Mayor and the Administrator are authorized to sign any documents necessary for the implementation of this Resolution. Mayor Rosenberg noted that the Village has explored several LED street lighting programs. This has been a long time coming. This project will save the Village almost 60% of what is now being spent in kilowatt hours — this is almost $50,000 per year in savings. This is tremendous savings. The LED li hting is also good for environment. The proposed lighting, Philips Lumec, is exce t lighting where everything appears sharper. Mr. Bradbury noted that there was a d in is since the Village began looking at replacing the street lighting. The payback o c st standpoint will be under five years. Several different fixtures were loo e at d the Philips Lumec street lighting was chosen. It is noted that the American di 1 Association (AMA) has recently made a policy statement that recommend 3,000K(Kelvin) and no higher for LED street lights. The village would purchase the 3,000K lights and select the different wattage for the lights depending upon locations. The price does not change based on Kelvin levels. This is a great program. The Village has budgeted$255,000 for this project. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 17 Page 45 of 83 7. Considering authorizing the purchase of a John Deere 1575 Commercial Front Mower on the basis of best value through NJPA. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE PURCHASE OF A COMMERCIAL LAWN MOWER VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village Parks and Recre n Superintendent has recommended that the Village Board of Trustees authorize t p ase of a commercial lawn mower (John Deere 1575 Commercial Front Mo r) or e by the Parks Department in maintaining Village-owned fields; and WHEREAS, Deere & Comp1a�s awarded NYS OGS Contract PC66663/NJPA Contract No. 070313 OP the basis of best value in accordance with the New York General Munic' al La WHEREAS, on March 14 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 and piggybacking upon 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, it is in the best interests of the Village to purchase the John Deere 1575 Commercial Front Mower through NYS OGS Contract PC66663/NJPA Contract No. 070313-DAC which was awarded on the basis of best value because the purchase is expected to result in savings to the Village over time; will allow the Village to maintain fleet consistency, warranty and longevity; the equipment is interchangeable with other equipment currently owned by the Village; and the manufacturer has a reputation for providing quality goods and services; and Board of Trustees Meeting July 26,2016 18 Page 46 of 83 WHEREAS, the Village of Rye Brook saves the cost and expense of seeking competitive bids or requests for proposals for the purchase of the lawn mower by utilizing NYS OGS Contract PC66663/NJPA Contract No. 070313-DAC; and WHEREAS, on July 11, 2016 and July 12, 2016 the Village received quotes from two local dealers utilizing the pricing authorized by the NYS OGS and NJPA contracts (23% discount of MSRP), as follows: $42,540.88 $43,111.92. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby authorizes the purchase of a John Deere 1575 Co ercial Front Mower through NYS OGS Contract PC66663/NJPA Contract No. 07 3-DAC which was awarded on the basis of best value, in an amount not to ex d ,540.88, for the reasons set forth herein. BE IT FURTHER RESOLVEDyor and Administrator are authorized to sign any documents necessary f 'm mentation of this resolution. Mr. Bradbury noted that this p has was put out for bid, two quotes were received, and the lowest bid was taken. The is 23% off list price. Deere offers high quality equipment, and the new equipment is interchangeable with other equipment currently owned by the Village. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 19 Page 47 of 83 8. Considering authorizing the use of Village Streets for the Wall Street Rides For Autism Research event on Saturday, October 8,2016. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 2016 WALL STREET RIDES FAR("FOR AUTISM RESEARCH")EVENT THEREFORE BE IT RESOLVED, that sjbject to the final approval of the Rye Brook Police Department, The Autism Scienc oundation is authorized to use the Village of Rye Brook streets for the 201 a treet Rides FAR ("For Autism Research") Charity Bike Ride event on Satay Ocfter 8, 2016, requested in a letter dated July 14, 2016; and be it BE IT FURTHER RESOLVED, t ge streets shall be used in compliance with the terms and/or conditions established the Village of Rye Brook Police Department. Mr. Bradbury noted that the even ill take place on October 8, 2016. It is n annual event and the Rye Brook Police Department is aware of the upcoming event. The Village will be sending out an email blast notifying residents of this event. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 26,2016 20 Page 48 of 83 9. Considering the approval of the minutes for the meetings held on June 14, 2016,June 28,2016, and July 12,2016. Mr. Bradbury read a resolution recommending the approval of the June 14, June 28, and July 12th minutes. RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON JUNE 14,2016,JUNE 28, 2016,AND JULY 12,2016. NOW THEREFORE BE IT RESOLVE tha e Village of Rye Brook Board of Trustees approve the minutes for the meetin a on a 14, 2016, June 28, 2016, and July 12, 2016. On a motion made by Trustee Re c laneeconded by Trustee Epstein, the resolution was adopted. 11:�) Mr. Bradbury called the roll: Trustee Susan Epstein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that there is a new agenda system. This is the first Board that is working with this new system. The plan is to have all of the Village Boards on this new system. All of the Village meetings will be moving over to this new system. Additional information is available for the residents. He reminded residents that street paving will start soon. The information on which streets and when will be on the Village's website. The work will begin in the middle of August. Board of Trustees Meeting July 26,2016 21 Page 49 of 83 There have been many events sponsored by the Village this summer. There have been nice turnouts so far for movie nights and ice cream Fridays. Each event is a little bit different, and held at a different place. It was noted that the last ice cream Friday will be held on Friday,July 301h Mr. Bradbury reviewed the other events coming up between now and next meeting. Some events are supported by local organizations. Performance by a Jazz Quartet performing, and a dog wash in August. Information on all of the events is on the Village's website. Mayor Rosenberg pointed out that there is only one Board meeting in August. The next meetings are scheduled for August 23rd and September 13th. Mayor Rosenberg called for members of the pub ' ishing to address the Board. There being no further business before th oar he meeting was adjourned at 8:20 p.m. Board of Trustees Meeting July 26,2016 22 Page 50 of 83 MINUTES Board of Trustees Meeting Village Hall,938 King Street Tuesday,August 23,2016 BOARD PRESENT: Trustee Susan R.Epstein Trustee David M.Heiser Trustee Jason A. Klein Mayor Paul S.Rosenberg BOARD ABSENT: Trustee Jeffery B.Rednick STAFF PRESENT: Christopher J. Bradbury,Village Administrator Greg Austin,Police Chief Edward Beane,Esq.,Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert,Public Access Coordinator Shari Melillo,Meeting Secretary 1 7:00 P.M.-EXECUTIVE SESSION: a) Teamsters Negotiations b) Discussing appointments to Traffic Commission. C) Non-Union Compensation 2 7:30 P.M.-REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: Page 51 of 83 4 REPORT/PRESENTATIONS: 5 PUBLIC HEARINGS: a) Considering approving an amended site plan at property located at 1100 King Street(Reckson Executive Park). Mr.Null advised the Board that this application has been before the Planning Board and received the necessary approvals for the wetlands and steep slopes permits.He explained that this is an amenities package for the tenants of the office park only and will be used during daylight hours only. There is not amplification or sound. Jerry Schwabe addressed the Board and worked off the plan to show where the proposed amenities will be placed. They will include a sand based volley ball court,a bocce ball court and a sitting area with walkways around the pond area.The sand and gravel being used in that area will assist with drainage as well.They are working in the wetland buffer and any disturbance will be corrected with additional plantings. Mrs. Timpone-Mohammed,Village Planning Consultant,added that all her issues had been addressed subsequent to the Planning Board meeting. Mr.Nick Lyras-Doral Greens HOA president—wanted to thank the Board for the heads up when the Sun Homes project first approached the Village and the Planning Board for taking into consideration some of their concerns. Everything was handled very well and it is nice to know that this current project is only for the use of the office tenants and not the potential homeowners,He thanked all for watching out for them. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the Public Hearing was closed and Ms.Alex Frank,Assistant to the Administrator,called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES Page 52 of 83 b) Considering a proposed local law prohibiting the sale of commercially bred dogs and cats in the Village of Rye Brook. Mr.Bradbury explained what the local law was all about and the importance of it. Mayor Rosenblum addressed the Board stating that Harrison had also just approved the local law and they were grateful for that.Mamaroneck was the first in New York State and advised the Board that this law does not make the Village subject to any challenges.He congratulated the Board on being a very moral community. Dina Gorham—Port Chester resident—she supports the ban for all animals that are currently suffering because of the puppy mills and the way the animals are handled. She thanked the Board for making Rye Brook a more humane community. Mayor Rosenberg believes it is the right thing to do as well. On a motion made by Trustee Heiser and seconded by Trustee Epstein,the Public Hearing was closed and Ms.Alex Frank,Assistant to the Administrator,called the roll TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES 6 RESOLUTIONS: a) Considering Approving an amended site plan at property located at 110 King Street(Reckson Executive Park). RESOLUTION CONSIDERING AN AMENDED SITE PLAN AT PROPERTY LOCATED AT 1100 KING STREET(Reckson Executive Park) WHEREAS,Reckson Operating Partnership L.P.,property owner, submitted an application for approval of an Amended Site Plan Approval, Page 53 of 83 Wetlands Permit and Steep Slopes Permit to construct exterior improvements at Reckson Executive Park,including a pavilion and seating area,volley ball court,two(2)bocce courts,and construction of a storage room and walkway at the rear of Building 2 on property located at 1100 King Street,Rye Brook,New York,in the OB-1 and Scenic Roads Overlay Zoning District,which property also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 124.81,Block 1, Lot 1 and Section 124.82,Block 1,Lot 1 (the"Property");and WHEREAS,the Board of Trustees is the approval authority for the Amended Site Plan pursuant to Village Code §209-1.A(1)and the Planning Board is the approval authority for the Wetland Permit and Steep Slopes Permit pursuant Chapters 213 and 245 of the Village Code; and WHEREAS,the Board of Trustees reviewed the following plans and application materials in connection with the Application: 1.Application for Site Plan Approval 2.Exterior Building Permit Application 3. Short EAF with EAF Mapper Summary Report dated 4/4/16 4.Tree Removal Permit Application 5.ALTA/ACSM Land Title Survey prepared by Link Land Surveyors, P.C.,Mahopac,N.Y. dated January 26,2015 6. Steep Slopes Work Permit Project Description and Slope Analyses prepared by Divney Tung Schwalbe, LLP,White Plains,N.Y.,not dated 7.Wetlands and Watercourse Delineation prepared by William Kenny Associates,LLC,Fairfield,C.T.,dated December 10,2015 8. Stormwater Pollution Prevention Plan,prepared by Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated March 2016 9.Letter to the Planning Board from Divney Tung Schwalbe,LLP,White Plains,N.Y., dated June 9, 2016 10.Letter to the Planning Board from Divney Tung Schwalbe,LLP,White Plains,N.Y.,dated July 1,2016 11. Letter to the Board of Trustees from Cuddy and Feder,LLP,White Plains,N.Y., dated April 7,2016 12. Plan Set entitled,"Site Plan/Wetland/Steep Slope Application," prepared by Eric Rains Landscape Architecture,LLC,Norwalk, C.T.: Sheet Number Sheet Title Date No Number Cover Sheet 3/24/16 SP-1.0 Stormwater and Erosion Control 3/24/16 SPL-1.0 Landscape Site Plan 3/24/16 rev.7/1/16 SPL-2.0 Existing Conditions and Removals Plan 3/24/16 rev.4/4/16 Page 54 of 83 SPL-3.0 Grading and Utilities Plan 3/24/16 rev. 7/1/16 SPL-4.0 Layout and Materials Plan 3/24/16 rev. 7/1/16 SPL-5.0 Planting Plan 3/24/16 rev. 7/1/16 SPL-6.0 Planting Notes and Details Plan 3/24/16 rev. 7/1/16 SPL-7.0 Planting List and Images Plan 3/24/16; and WHEREAS,on May 10,2016 the Board of Trustees,pursuant to the State Environmental Quality Review Act(SEQRA)determines the proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS,on May 10,2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation;and WHEREAS,on July 14,2016 the Planning Board issued its Report and Recommendation to the Board of Trustees and approved a Wetland Permit and Steep Slopes Permit for the project subject to several conditions including obtaining Amended Site Plan approval from the Board of Trustees;and WHEREAS,the application was referred to Westchester County Department of Planning pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61for notification purposes only,and a response was received from the County dated August 2,2016 which found the matter to be for local determination in accordance with the Village's planning and zoning policies; and WHEREAS,on August 9,2016 notice of the public hearing was sent to the Town of Greenwich and the Town/Village of Harrison pursuant to General Municipal Law§239-nn and Westchester County Administrative Code §277.71; and WHEREAS,a duly advertised public hearing was held by the Board of Trustees on August 23,2016,at which time all those wishing to be heard on the Application were given such opportunity,and the public hearing was closed on August 23,2016; and WHEREAS,the Village Planning Consultant,Village staff and Planning Board have reviewed the information and submitted comments regarding the Application; and WHEREAS,the Board of Trustees is fully familiar with the application and the Property. Page 55 of 83 NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees,in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617,and upon review of the EAT and all other application materials that were prepared for this action,hereby adopts the attached Negative Declaration,ending the State Environmental Quality Review process. BE,IT FURTHER RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves the Application for Amended Site Plan approval for property located at 1100 King Street, as shown on the plans referenced herein, subject to the following conditions: 1.All plantings required in the plan titled Landscape Site Plan,prepared by Eric Rains Landscape Architecture,LLC,Norwalk, CT,dated 3/24/16 rev. 7/1/16, shall be maintained by the property owner and replaced as necessary or as determined by the Village Engineer/Superintendent of Public Works. BE IT FURTHER RESOLVED,that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES b) Considering a proposed local law prohibiting the sale of commercially bred dogs and cats in the Village of Rye Brook. RESOLUTION APPROVING A LOCAL LAW PROHIBITING THE SALE OF COMMERCIALLY BRED DOGS AND CATS WHEREAS, on May 4, 2016 NYS Senator George Latimer notified the Page 56 of 83 Village of Rye Brook of recent state legislation that allows for local communities to regulate the prohibition on the sale of commercially bred dogs and cats; and WHEREAS, on July 12, 2016 a local law was introduced before the Board of Trustees of the Village of Rye Brook to amend Chapter 78 of the Village Code, entitled"Animals,"to prohibit the sale of commercially bred dogs and cats in pet stores, retail businesses or other commercial establishments; and WHEREAS, the proposed local law is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and therefore,no environmental review is required; and WHEREAS, on August 23, 2016, the Board of Trustees held a duly noticed public hearing at Village Hall to consider the proposed local law, at which time all persons interested were given an opportunity to be heard and the public hearing was closed on August 23,2016. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the above-mentioned local law to amend Chapter 78 of the Village Code to prohibit the sale of commercially bred dogs and cats in pet stores, retail businesses or other commercial establishments, as set forth in the local law. On a motion made by Trustee Heiser and seconded by Trustee Klein,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES C) Considering a street use request by Westchester Triathlon for Sunday, September 25,2016 RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE ANNUAL JARDEN WESTCHESTER TRIATHLON Page 57 of 83 NOW THEREFORE BE IT RESOLVED,that the Jarden Westchester Triathlon is authorized to use the Village of Rye Brook streets for the Jarden Westchester Triathlon on Sunday, September 25,2016,requested in a letter received July 26,2016; and BE IT FURTHER RESOLVED,that final Village streets,route and any conditions shall be approved by the Police Chief of the Village of Rye Brook Police Department. Discussion: Mr.Bradbury explained there is some concern about the route change that was made after receipt of the original request. The changes require use of more village streets and the Police are concerned that while the Village wants to support the event as they always have,they also need to make sure the residents are safe and the intersections are safe. Chris Leonard,Race Manager addressed the Bard and explained that the person who should be here who is the Race Director is in Virginia but he will try to help. The intersections in question are Lincoln and Westchester Avenue by 287-the race would be 100 percent on board with helping in any capacity by providing help from other municipalities who have offered and they have a relationship with. The race has a rich history—they are 30 years old and are also a 5010 and a variety of charities benefit. They suggest getting word out to residents to get message out that this race is for more than just people participating-it is to raise money for worty causes. They could provide officers from other municipalities if it would help. They have a month to make this work. Chief Austin explained that they have contracted with the race in the past and they do reimburse the Village for the use of the Police Officers. The route changes proposed would require 13 police officers-they had problems previous years with less officers.They are expecting 1000 cyclists so this is not a small event and is a very large undertaking. Mayor Rosenberg added that we could pass this tonight by conditioning the resolution that the organization and the Police Chief work together to come to an agreement that works for everyone.He believes it is a worthy cause-he would hate to see them have to stop routing through Rye Brook. He also agrees that an email blast can be done and a lot of notification for the public making them aware of the routes and where they should avoid going. Page 58 of 83 On a motion made by Trustee Klein and seconded by Trustee Heiser,the resolution was approved and Ms.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES d) Considering the conditional appointment of a Firefighter. RESOLUTION CONSIDERING THE APPOINTMENT OF A FIREFIGHTER NOW THEREFORE BE IT RESOLVED,that Ryan Cantatore of 143 North Washington Street,Apt.2, Sleep Hollow,New York is hereby conditionally appointed to the position of Firefighter with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED,that the annual salary is$67,399 with an effective start date of September 4,2016. Discussion: Mr.Bradbury introduced Mr. Cantatore and advised that he was a Senior Airman and a member of the Security Police for the United States Air Force,New York Air National Guard as well as a Volunteer Firefighter with Port Chester prior to becoming a paid professional Firefighter for Port Chester.We are thrilled to have him. Mayor Rosenberg thanked him for his military service and welcomed him to Rye Brook where he will be treated with respect. Mr. Cantatore thanked the Board for the opportunity to serve the Village. Page 59 of 83 On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was approved and Mr.Alex Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES e) Considering accepting a donation of a professional-grade tetherball system. RESOLUTION CONSIDERING ACCEPTING A DONATION OF A PROFESSIONAL- GRADE TETHERBALL SYSTEM WHEREAS,Jalaine and Peter Sommers of 3 Winthrop Drive,Rye Brook has a professional-grade tetherball set(TP-1200 set 12 foot tether pole and a Tachikara STMB)that they wish to donate to the Village for use in one of the parks; and WHEREAS,Mr. and Mrs. Sommers has stated that this tetherball set has an estimated value of$170.00. NOW,THEREFORE BE IT RESOLVED,that the Village of Rye Brook hereby accepts the donation of a professional-grade tetherball System from Jalaine and Peter Sommers. Discussion: Trustee Epstein asked where the tetherball set would go. Chris Bradbury responded that the plan was behind the old baseball field in Pine Ridge Page 60 of 83 Park. Trustee Epstein asked about vandalizing to which the Mayor responded if that were to happen the Board would have to decide whether or not to replace it. Mayor Rosenberg thanked the Sommers for the donation. In a motion made by Trustee Heiser and seconded by Trustee Epstein,the resolution was approved and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES f) Modifying the License and Fee Schedule to create a free for a Graphic Art -Photoshop Elements Program. RESOLUTION MODIFYING THE LICENSE AND PERMIT FEE SCHEDULE TO CREATE A FEE FOR GRAPHIC ART—PHOTOSHOP ELEMENTS PROGRAM The Village License and Permit Fee Schedule is hereby modified to establish a fee for a new Recreation Program: PROGRAM OR SERVICE FEE Photoshop Elements Program(8,one hour sessions) $120.00 On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was approved and Ms.Frank called the roll: TRUSTEE EPSTEIN YES Page 61 of 83 TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES g) Considering approval of an agreement with the County of Westchester for a Stop-DWI Program. RESOLUTION CONSIDERING THE APPROVAL OF AN AGREEMENT WITH THE COUNTRY OF WESTCHESTER FOR A STOP-DWI PROGRAM WHEREAS,on February 14,2006 the Village of Rye Brook first entered into an agreement with the County of Westchester for a Stop DWI Patrol Project Reimbursement Contract for the 2006 calendar year;and WHEREAS, on April 26,2011 the Village of Rye Brook entered into an extension of said agreement for a five year extension of the Stop DWI Patrol Project from January 1,2011 though December 31,2015; and WHEREAS,Westchester County will provide reimbursements for overtime and added patrol costs to enforce DWI/DWAI laws in the amount not to exceed$8,400.00 for the year; THEREFORE,BE IT RESOLVED,that the Village of Rye Brook is authorized to enter into an extension of said contract for an additional four (5)years, from January 1,2016 through December 31,2020 at the rate of $8,400 per year,not to exceed$42,000 over the 5 year contract; and be it FURTHER RESOLVED,that the Mayor is authorized to execute and deliver all documents necessary and appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Klein and seconded by Trustee Epstein,the resolution was adopted and Ms.Frank called the roll: Page 62 of 83 TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES h) Considering approving use of Village streets for the Jewish Board of Family&Children Services for a fundraising cycling event on September 18,2016. RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE JEWISH BOARD OF FAMILY&CHILDREN SERVICES FOR A FUNDRAISING CYCLING EVENT ON SEPTEMBER 18,2016 THEREFORE BE IT RESOLVED,that subject to the final approval of the Rye Brook Police Department,The Jewish Board of Family& Children services is authorized to use the Village of Rye Brook streets for a fundraising cycling event on Sunday, September 18,2016,requested in a letter dated August 12,2016; and be it BE IT FURTHER RESOLVED,that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Discussion: Chief Austin stated that this is a small scale event requiring only 3 officers. On a motion made by Trustee Epstein and seconded by Trustee Heiser,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES Page 63 of 83 i) Considering the reappointment of John B. Colangelo to the Emergency Medical Services Committee(EMSC). RESOLUTION CONSIDERING THE APPOINTMENT OF MR. JOHN B. COLANGELO TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS,the Inter-Municipal Agreement between the Village of Rye Brook, City of Rye and Village of Port Chester for emergency medical services established the Emergency Medical Services Committee(EMSC); and WHEREAS,pursuant to Section 3A of the Inter-Municipal Agreement establishes community representatives from each of the participating municipalities to be proposed by the Corps and ratified by each of the municipalities;and WHEREAS, in a letter dated August 10,2016 from Scott T. Moore, Administrator,Mr.John B. Colangelo has been recommended by the Corp as the community representative of the Village of Port Chester; and WHEREAS, on July 18,2016 the Board of Trustees of the Village of Port Chester ratified the appointment of Mr. John B. Colangelo to the Emergency Medical Services Committee by resolution NOW,THEREFORE BE IT RESOLVED,that the Board of Trustees hereby approves the appointment of Mr.John B. Colangelo to the Emergency Medical Services Committee as the Community Representative of the Village of Port Chester. Mayor Rosenberg thanked Mr. Colangelo and all the Board members that serve on the EMS board for all their hard work. On a motion made by Trustee Epstein and seconded by Trustee Klein,the Page 64 of 83 resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES j) Considering a Village contribution to the Columbus Day Celebration Committee and use of Hawthorne Ave for the Annual Parade. RESOLUTION CONSIDERING A VILLAGE CONTRIBUTION TO THE COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS,the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Celebration Committee NOW,THEREFORE,BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby approves that$800.00 be provided to the Columbus Day Celebration Committee for its annual Columbus Day Parade;and be it FURTHER RESOLVED,that the Columbus Day Celebration Committee may use Hawthorne Avenue on Sunday,October 9,2016(rain date October 16,2016)for the Columbus Day Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Epstein and seconded by Trustee Klein,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES Page 65 of 83 MAYOR ROSENBERG YES k) Considering the use of Village streets for a block party on Valley Terrace to be held on September 18,2016. RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON SEPTEMBER 18,2016. RESOLVED,that the use of Valley Terrace on Sunday, September 18, 2016 from 4:OOPM to 7:30PM for the Valley Terrace Block Party event is hereby approved with the terms to be established by the Rye Brook Police Department. Discussion: Trustee Klein recused himself and addressed the Board. This is the second time he is hosting this block party—there have not been any issues and invited the Village Board to stop by and join them. On a motion made by Trustee Heiser and seconded by Trustee Epstein,the resolution was adopted and Ms.Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES MAYOR ROSENBERG YES 1) Considering approval of minutes from meeting of July 26,2016 Mayor Rosenberg asked to adjourn the minutes to September 13,2016. Page 66 of 83 7 ADMINISTRATOR'S REPORT: a) Completion of the Rye Brook Sanitary Sewer System Capacity Management,Operation and Maintenance(CMOM)Program. Sewer system Update-providing awareness to public-the evaluation study is mainly to look at future needs. The CMOM has been written and competed-outlines how we respond to issues with our sewer systems- how we clean and maintain it-the budgeting and making sure it gets top attention.It is more than just of a report—this is just one piece of the evaluation of the sanitary sewer system. Paving is starting this week-listed roads that will be done-milling will start this week.Listing of roads will also be available on our website. All meeting videos are available on any computer device now-computer- tablet-phone-android-etc.Pine Ridge basketball court color-coding has been delayed by contractor. Dog wash was a great event—it was coordinated by village staff including our Community Outreach Committee. Staff volunteered their time Sunday - Shari Melillo-Alex Frank-Rose D'Ascoli—highway and parks staff.It was a very successful event and they raised just under$1000 for the Humane Society of Westchester which does a great job for all the communities they serve.Mayor added that it was a phenomenal event— staff outdid themselves and he thanked all that worked and coordinated this event. The Public Works and Parks Garage study meeting took place earlier this month. The Village is excited about this project-important to Village and very much needed. The process will be very public and transparent—the website will have updated information on the progress of this project. Chief Austin provided an overview of the bike helmet program for kids. They are working with the Maria Ferrara Children's Hospital. Rye Brook Police Officers will stop a child not wearing a helmet—explain to them the dangers and will be given a helmet free of charge provided by the hospital. The entire Board believes it is a great program. They also think that adults need to wear helmets as well and also reflective clothing when riding. 8 OLD BUSINESS: Page 67 of 83 9 NEW BUSINESS: 10 DISCUSSION ITEM: 11 UNFINISHED BUSINESS 12 ADJOURNMENT There being no further business,on a motion made by Trustee Epstein and seconded by Trustee Heiser,the meeting was adjourned at 8:40pm by unanimous voice vote. Page 68 of 83 13RC-1.) REPORT J �Lu3 TO: Board of Trustees FROM: Alexandra Frank DATE: August 23, 2016 SUBJECT: Considering Decks as a Pervious Surface DESCRIPTION: Considering Decks as a Pervious Surface RECOMMENDATION: The Village Board should discuss this item to determine if legislation should be prepared to modify Chapter 217 Section 7 of the Village Code. SUMMARY: This appeared as a discussion item on the Board of Trustees Meeting held on April 26, 2016. General Code provided two samples of zoning codes from municipalities in New York, Tarrytown and Cazenovia. Both Tarrytown and Cazenovia's Codes exclude open wood decks with spacing between floorboards from the definition of an 'Impervious surface' if they are located above a pervious surface (see attached). Samples from zoning codes outside of New York which included similar definitions of an 'Impervious surface' also included Trenton, NJ and Elmhurst, IL. The Village Planner, Marilyn Timpone-Mohamed of Frederick P. Clark Associates, was also consulted in the search for relevant legislation but was not able to find any additional sources. Page 1 of 15 Page 69 of 83 Sample Legislation Compliments of General Code Village of Cazenovia, Chapter 180. Zoning Article II. Terminology § 180-9. Definitions. As used in this chapter,the following terms shall have the meanings indicated: IMPERVIOUS SURFACE Any material placed on or above the earth that substantially reduces or prevents the natural percolation of precipitation and melted snow into the soil. Examples include but are not limited to structures, including eaves, roofs and roof overhangs; parking areas(whether hard-surfaced or not); driveways; sidewalks; patios and decks; sport courts; and pools. The following shall not be considered as impervious surfaces: A. Wood decks less than 200 square feet, if constructed with a space between each plank and if the deck is constructed over a pervious surface(1/2 of the area of such wood decks exceeding 200 square feet shall be considered impervious surface); B. Pathways six feet or less in width that employ grass pavers or porous paving and which are not intended for automobile use. Village of Tarrytown, Chapter 305. Zoning Article II. Definitions and Word Usage 305-5. Word usage; terms defined. A. Words stated in the present tense include the future, the singular includes the plural, and the plural includes the singular.The word "person" includes a corporation, partnership or other combination of persons. The word 'lot"includes the word"plot."The word "building" includes the word "structure." The word "shall' is mandatory and not directory and does not indicate mere futurity unless the context clearly so requires.The words"Village Board,""Board of Appeals,""Planning Board," "Building Inspector"or"Code Enforcement Officer,""Village Attorney,"etc., mean, respectively, such officers or boards of the Village of Tarrytown. The term 'Board of Trustees" means the Village Board. The term "certificate of compliance" means"certificate of occupancy."The term'occupied"or"used" as applied to any land or building shall be construed as though followed by the words"or intended, arranged or designed to be occupied or used." B. Unless otherwise expressly stated,the following terms, for the purpose of this chapter, shall have the meanings herein indicated. For purposes of clarity and uniformity throughout this chapter of the Village Code, some definitions may be regulatory in nature. Page 2 of 15 Page 70 of 83 Sample Legislation Compliments of General Code DECK An outdoor platform attached to the principal structure of a building and built above the natural grade.A deck does not have a roof and is exposed to the elements. IMPERVIOUS COVER Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water(e.g., building rooftops, pavement, sidewalks, driveways, etc.). IMPERVIOUS SURFACE AREA The sum of the area of coverage or footprint of all buildings, structures, paved areas, patios and other improved surfaces on a lot preventing natural runoff from percolating to the ground, measured in square feet.Areas paved with gravel, crushed stone and other pervious materials shall not be considered impervious. Open wood decks with spacing between floorboards shall also not be considered impervious if they are located above a pervious surface. Calculation of the total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site. Page 3 of 15 Page 71 of 83 City of Trenton,NJ Land Development Ordinance,Revised Chapter XIX(2010) Article I-General Provisions,§315-10.Definitions IMPERVIOUS SURFACE AREA-The sum of the area of coverage or footprint of all buildings, structures,paved areas,patios and other improved surfaces on a lot preventing natural runoff from percolating into the ground,measured in square feet.Areas paved with gravel,crushed stone and other pervious materials as well as open wood decks with spacing between floorboards shall not be considered impervious. Calculation of total impervious surface area on a site shall be based upon gross lot area,not the net developable area on a site. Maine Legislature Title 38: Waters And Navigation,Chapter 3: Protection and Improvement of Waters, Subchapter 1: Environmental Protection Board,Article 5-A: Natural Resources Protection Act Heading,§480-B.Definitions 5-13 Impervious area. "Impervious area"means an area that is a building,parking lot,roadway or similar constructed area. "Impervious area"does not mean a deck or patio. (updated 2011) Elmhurst,IL Code of Ordinances Article II-Building and Constriction Requirements,24.10-Impervious Surface Regulations for Residentially Zoned Properties(Updated 2014) a. Impervious Surface Definition. Impervious surface is land covered that cannot effectively absorb or infiltrate water,including,but,not limited to,non-porous asphalt or asphalt sealants,non-porous concrete,roofing materials, and gravel surfaces used as roadways or parking lots. (1) "Impervious surfaces" shall also include: (ii)Wooden or composite planked decks and patios without spacing between the planks and impervious area underneath; (2) "Pervious surfaces" shall include: (iii)Wooden or composite planked decks and patios with spacing between the planks and permeable area underneath; Becker County,MN Zoning Ordinance,Chapter 3-Nonconformities, Section 11-Mitigation Requirements for Nonconformities in Shoreland Areas B. Calculation of mitigation requirement units. The calculation of required mitigation units shall be based on the following provisions. 1.)Nonconforming impervious surface. Impervious surface is not allowed to exceed twenty-five percent(25%)coverage. Impervious surfaces include,but are not limited to: Page 4 of 15 Page 72 of 83 streets,roofs, sidewalks,driveways,parking lots,and similar facilities and areas covered with gravel, concrete,bituminous,compacted sand,lime rock,clay or other surfaces that substantially reduce or prevent the infiltration of water. Surface coverage between fifteen percent(15%)and twenty-five percent(25%)is allowed with offsetting mitigation. Each percentage point of impervious surface greater than fifteen percent(15%)represents five (5)mitigation requirement units. (1)Pervious decks.Decks shall be considered pervious if all of the following conditions are met: (1)Maximum material(board)width is eight inches(8");Becker County Chapter 3 Zoning Ordinance 17 (2)Minimum spacing between material(boards)is one-quarter inch (1/4"); and (3)The area under the deck is pervious material. Decks not meeting these requirements shall be considered as impervious. Wake County,North Carolina 2009 Wake County Hazard Mitigation Plan,Appendix E-Glossary Impervious Surface-A surface resulting from human activity that obstructs or prevents infiltration of water into soil.Impervious surface includes,but is not restricted to:buildings and rooftops;walkways,driveways, and parking areas that are paved or compacted by pedestrian or vehicular traffic; solid decks and patios;pavement;recreation facilities that are paved or compacted; and any other paved,compacted,or partially impervious surface.For purposes of calculating the percentage of impervious surface coverage,the area of the perimeter of the lot or parcel shall be regarded as the actual area of the lot or parcel. The water surface of a lake,pond, or swimming pool is not considered impervious.A wooden slatted deck is not considered impervious if the area below the deck is treated to prevent erosion and compacting of the soil below the deck. "Pervious" asphalt and"pervious" concrete are considered impervious if the surface's perviousness is expected to decrease under normal use or its subbase is compacted, as determined by the Engineering Division,Department of Community Development Services. Page 5 of 15 Page 73 of 83 Stormwater Management Practice Note NSC 02: Calculating Site Imperviousness This practice note has been developed to promote consistency when calculating site imperviousness.It has been developed for use with District Plan Rule 8.4.7 and is relevant to all Residential,Business and Structure Plan areas of the city but excluding Long Bay. 2.1 Impervious Area Limits Rule 8.4.7 sets the following limits on total site imperviousness: Table 2.1:Maximum Impervious Area Limits Residential& Business Zones&Structure Plan SMA Structure Plan Zones Zone Mixed Use OverlayArea* (excluding Mixed Use Overlay Area*) 1 50% 80% 2 60`Yo 901% 3 60% 90% 4 70% 100% 5 70% 100°/n Note:This table is derived from Table 8.2 in the District Plan 2.2 Definitions The following District Plan definitions are relevant: Impervious Area Means any part of a site which is covered in a surface constructed of materials which are resistant to water passing through them and includes any area which: a. Falls within the definition of building coverage b. Is paved with concrete,asphalt,pervious paving,roofed areas and decks c. Provide driveways and parking areas (including unpaved and metalled surfaces) d. Is occupied by swimming pools But does not include: • Paths and paving stones less than 1 metre in width provided they are separated from other impervious areas by at least 1 metre (including strip driveways with 0.5 metres between strips) of 15 Page 74 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 • Retaining or garden walls within garden/lawns • Rain tanks up to 5m'in area Note: Pervious paving, green roofs, uncovered wooden slated decks and swimming pools are counted as impervious area in terms of the calculation of total site imperviousness. However,the perviousness of these structures will be taken into account when calculating mitigation of stormwater runoff under Rule 8.4.8. Net Site Area In relation to a rear site means the difference in area between the total area of the site(gross area) and the area of its entrance strip.In relation to a front,corner or through site,net site area,gross site area and area shall have the same meaning. Road Corner site Front site Corner site v c Front site Rear site Entrance Front site strip Through site m 0 Rear Front site site Corner site Corner site Front site Roan Permeable Area Means any part of a site which is grassed or planted in trees or shrubs and is capable of absorbing water. It does not include any area which falls within the definition of impervious area. Self Mitigating Surfaces Means surfaces which while counted as impervious in terms of total site impervious area are able to mitigate stormwater runoff to an acceptable level, and include pervious paving, green roofs, uncovered slatted wooden decks over natural ground and swimming pools. 2-2 of 15 Page 75 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 2.3 Impervious Areas not Requiring On-site Stormwater Mitigation The following areas are not required to provide on-site stormwater mitigation but are included in the calculation of total site imperviousness and may not cause site imperviousness to exceed the maximum impervious threshold in Table 2.1 above(see Rule 8.4.7.1 Table 8.2). • Small additions and accessory buildings—including paved areas, up to an aggregate area of 25m2. It was decided to allow minor additions of impervious area, (less than 25m) to proceed without the need for on-site mitigation.Note that this is not an allowance but a threshold above which the rule kicks in. If an impervious area exceeds 25m' then the whole area is to be mitigated. • Pervious paving • Uncovered slatted timber decks over natural ground • Swimming pools • Green Roofs Note that stormwater runoff from these areas still needs to be disposed of in a manner which complies with Clause E1 of the Building Code and does not create a nuisance to neighbouring properties. 2.4 Site area for measuring Total Site Imperviousness The way in which total site imperviousness is calculated will differ depending on whether the development is on a delineated area or a separate title,and also whether the lot is a rear lot,front lot,corner lot,through lot or access lot. Separate Title For a separate title the measurement of total site imperviousness shall be based on the net site area.Rear lots will therefore exclude the access strip. Cross Lease In the case the case of a cross lease,the covenant area or delineated area shall be counted as the site area for the purposes of rule 8.4.7 and 8.4.8.Where clear delineated areas are not shown,or unclear,the parent site shall be used. Unit Title In the case of a Unit Title subdivision the impervious area for a multi-unit development,where individual titles have not yet been created will be calculated on the area of the parent site. Any later modifications involving individual units will be on the Unit entitlement and Unit area and exclude any area of the common property. Jointly Owned Access Lots UOAL) In the case of JOAL's or private roads,these are not included in the calculation for total site imperviousness,they are to be considered as roads and are therefore not subject to Rule 8.4.7 or 8.4.8,however appropriate stormwater mitigation is required at subdivision stage. Right of Way(ROW) Where a ROW has been created for access purposes to a rear lot then the area of the ROW is included in the parent site area. 2-3 of 15 Page 76 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Only the coloured area on the figure below needs to be used for calculating total site imperviousness and any on-site stormwater mitigation requirements. Lot A Lot B Lot C Lot D R 00 JOAL J Privaatete Road Lot E Lot F Lot G Lot H _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ __ Lot A Lot B Lot C Rear Lot with Access Strip &ROW Lot D Lot E Lot F — — — — — — —— — — — — — — — — — — —— — — — — — — — — — — Rear Lot I nt A I nt R with ROW ROW Rear Lot with m Lot A Lot B pan handle 0 Covenant Area A Covenant Cross Lease with Area B delineated areas Common lnit A antitlamant Unit A Unit Title rnmmnn Subsequent development I lnit R Unit B entitlement 2 - 1 of 15 Page 77 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 2.5 Measuring Total Site Imperviousness Table 2.2:Areas Included or Excluded from Total Site Imperviousness Type of Area Included Condition or Comment Roof Areas Yes The roof area and not the building footprint must be measured. Green Roofs Yes Self Mitigating Surface.See below. Paved Areas Yes All paved areas not exempt below. Wooden Decks Yes Self Mitigating Surface.See below. Pervious Paving Yes Self Mitigating Surface.See below. Unpaved Parking/Metalled Yes These areas with metal or shell are highly Drivewa com acted and do not allow soakage. Garden Sheds Yes See below. Swimming Pools Yes Self Mitigating Surface.See below. Rain Tanks No If less than 5m�in area. Paths less than 1m Wide No As long as there is at least 1 metre of permeable area on both sides. As long as there is at least 1 metre of Strip Driveways No permeable area on both sides and 0.5 metre in middle. Grassed and Garden Areas No Pebble Gardens No Provided the areas are not used for parking or traffic access. 2-5 of 15 Page 78 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Paved Areas All paved areas not exempted by the above definitions must be taken into account when calculating total impervious areas. Roof Area The total roof area including eaves is to be measured—not just the building footprint. E 1 F 1 1 � � F 1 � I m 4 For existing roofs,measure the plan area of the roof at ground level below the edges of the roof (including eaves). For proposed buildings,the area can be calculated from the roof plan drawings (not the wall floor plan dimensions) as these include the additional area of the eaves. Green Roofs Green roofs are measured in the total impervious area calculation but are considered to be a mitigation method so is accounted for in achieving the required mitigation.These are classified as self mitigating surfaces and do not require additional mitigation.This is only if the green roof has been designed and constructed to the required standards (see Stormwater Management Practice Note NSC 12). Wooden Decks Wooden decks are counted as impervious as there is little chance for vegetation to grow beneath the deck.They are classified as self mitigation surfaces if they are slatted/allowing water to pass through and located above natural ground and you are not required to provide any additional mitigation for these areas. Pervious Paving Pervious paving is measured in the total impervious area calculation but is considered to be a mitigation method so is accounted for in achieving the required mitigation. These areas are classified as self mitigating surfaces and do not require additional mitigation. This is only if the pervious paving has been designed and constructed to the required standards (see Vtormwater Management Practice Note NSC 11). Unpaved Parking/Metalled Driveways Unpaved parking areas with compacted ground,metal or shell etc are considered as impervious and must be included in the impervious area calculation. Rain Tanks Rain Tanks with a plan surface area of less than 5m' can be excluded from the total site imperviousness calculation. 2-6 of 15 Page 79 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Garden Sheds Garden sheds or ancillary buildings with a roof area of less than 10m2 are included in the impervious area calculation, but may not be required to provide stormwater mitigation if constructed or installed at a later date. Paths less than 1m Wide Paths of less than 1 metre in width with vegetation on both sides may be excluded from the total impervious area calculation,(unless they are within 1 metre of other impervious areas). Swimming Pools The area of a swimming pool is considered as impervious because the water is unable to infiltrate into the ground, but is not required to provide mitigation because of the storage volume provided between the normal pool level and the overflow level. A paved area of no more than 1 metre in width surrounding the swimming pool may be considered as part of the pool. Strip Driveways Strip driveways may be excluded from the total site imperviousness calculation as long as the strips are less than 1 metre wide and there is at least 0.5 metre of grass between the strips. There must also be at least a 1 metre width of vegetated area on both sides of the driveway. 2.6 Measurement of Impervious Areas in Relation to Rain Tanks Roof Area Connected to a Rain Tank This is the area that is used to determine the size of the rain tank and refers to those areas which drain to gutters that discharge into the rain tank. Make sure that only the area of roof that will be connected to the tank is measured.The area refers to the plan area of the roof.Decks should not be connected to the rain tank. Additional Area The additional area refers to a portion of the total impervious area on the site which may be provided without additional mitigation if a rain tank is provided. The rain tank is deemed to provide mitigation for these areas. For single purpose tanks of 3m; in residential areas and for a dual purpose rain tanks sized according to Table 8H.1 in residential areas the allowable additional area is an area equivalent to 25 per cent of the roof area connected to a rain tank. For business areas the allowable additional area is varied depending on the amount of water use likely in the building.This is based on the roof area(connected to the rain tank)per occupant and assumes a rain tank sized according to Practice Notes NSC 08 and NSC 09. Table 2.3 below shows you how much additional impervious area is deemed to be mitigated by a rain tank in this situation. 2-7 of 15 Page 80 of 83 Stormwater Management Practice Note NSC 02—Calculating Site Imperviousness September 2009 Table 2.3:Additional Impervious Area Mitigated by Rain Tank Roof Area per Occupant Additional Area Deemed to be Mitigated by Rain Tank Less than or equal to 7m2 An area equivalent to 35%of the connected roof area >7m2—1Om2 An area equivalent to 25%of the connected roof area > 10m2—16m2 An area equivalent to 15%of the connected roof area Greater than 16m2 No additional area Note:This table is derived from Table 8H.2 in the District Plan Roof Areas Not Connected to a Rain Tank Roof areas not connected to the rain tank are considered as other impervious area on the site and may form part of the Additional Area. 2 5 of 15 Page 81 of 83 Christopher Bradbury From: Susan Epstein <susanrepstein@hotmail.com> Sent: Tuesday, March 29,2016 3:41 PM To: Christopher Bradbury Cc: Michal Nowak Subject: permeable discussion Follow Up Flag: Follow up Flag Status: Completed RESEARCH: HERE IS THE LAST EMAIL: It is important to define"structure"specifically so that landowners and zoning staff are clear on what is and is not included. The definitions above do not address : • walkways• steps• sidewalks• fences• dog houses• bird houses• mail boxes• flag poles• fire rings• wood piles Types of surfaces to consider when crafting your impervious surface definition 3 Garrison,Paul et al. Implementation and interpretation of lakes assessment data for the Upper Midwest. Final report to the U.S.EPA. Grant No.X7-83254601.November 2008. pp.47-48 4 www.sawyercountygov.org/Departments/ZoningandConservation/tabid/70/Default.aMx WCCA NR 115 Guidebook 2-7 Some counties considered these surfaces to be impervious and some considered them pervious. 1. Open decks with at least a 1/4 inch space between deck boards with a pervious surface below. Many counties considered this to be pervious. 2. Grass-crete,pavers with voids that are filled with soil and then planted. If properly installed and vegetated correctly these can be considered pervious. 3. Gravel. Typical gravel materials used for roads and parking lots are engineered and compacted to withstand heavy loads. These compacted gravel materials form a seal through which water will not readily infiltrate. Runoff from gravel is similar to paved surfaces with only a slight reduction in runoff. It would be difficult to call a typical gravel driveway pervious. Many counties consider this to be impervious. 4. Permeable Paver System. The key word here is system. The pavers are just a cap for the pervious system below. They are expensive and need to be installed properly and maintained. The WCCA shoreland committee has concerns about products that are marketed as pervious and depend on installation, maintenance and long-term compliance. If counties are going to allow the pervious pavers,they should consider an operation and maintenance t Page 14 of 15 Page 82 of 83 agreement. Product representatives have recommended that on-site inspections should be required to ensure proper installation, and to ensure proper maintenance is occurring at 5 and 10 years. They require that contractors or product representatives ensure the systems stay pervious. Some counties consider permeable paver systems to be pervious and others do not. Pervious Decks Portions of pervious residential decks can be exempted from land coverage calculations. A deck is considered pervious if it has naps that allow water to pass freely to gravel underneath, designed in accordance with the Best Management Practices Handbook available at www.tahoebmp.org.Process and criteria: BMPs can be currently installed and certified or installed and certified along with this project. This coverage exemption can only be authorized through a TRPA Single-Family project permit. •Remove all non-verified coverage, and mitigate 100 percent of any verified excess coverage. Use the attached worksheets to help determine the pervious deck coverage exemptions available on your property. Overhang Allowance("Height Reduction")If the edge of a structure,such as a deck, eave or porch roof, is high enough to expose a significant portion of the ground underneath to sun, snow and rain,then not all of it needs to be counted as land coverage.Process and criteria: •Allowed on any Qualified Exempt or permitted project. • Calculate the reduction at a 3:1 ratio for decks and other structures that are raised above ground level. For every three feet above ground (measured to the bottom of the structure),one foot of the horizontal overhang dimension may be excluded from land coverage calculations(see illustration below). •This"height reduction" provision is applied to both existing structures and new structures and should be accounted for in your land coverage calculations. •Please note that the height reduction for structures on a slope may vary from corner to corner. •This reduction should be calculated on any deck or overhang more than one foot above the ground. •This reduction should be taken prior to calculation of exempted coverage. 12' 8'-3'=5' 9' 5' 8' 6' Actual land coverage associated with the deck:=5' x 6' (30 sq.ft.) 3' 5' TRPA-CovExempWorksheet 4 of 9 06/13 RESIDENTIAL COVERAGE EXEMPTION http://www.hamilton.govLnz/our-council/council- publications/manuals/Documents/Three%20 Waters%2OManagement%2OPractice%2ONotes/HC C07%20-%20Permeable%20Surfaces.pdf 2 Page 15 of 15 Page 83 of 83