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HomeMy WebLinkAbout2013-01-08 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 8, 2013 AGENDA 7:00 P.M.—Considering motion to go into Executive Session Comprehensive Plan Committee 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING REPORT: 1) Rye Town Dissolution Study PUBLIC HEARINGS RESOLUTIONS: 1. Considering an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue 2. Setting a public hearing for application for approval of a special permit and amended site plan for Reckson Operation Partnership, L.P. at property located at 1100 King Street 3. Considering an application for the removal of a significant tree at 29 Winding Wood Road 4. Considering an application for the removal of a significant tree at 227/231 North Ridge Street 5. Setting a public hearing to consider a fire protection agreement with the Village of Port Chester BOARD OF TRUSTEES MEETINGS January 8,2013 Page 1 of 19 6. Considering approving contracts with General Code for professional services related to records management and Building Department software applications 7. Considering an agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission 8. Considering the approval of Minutes: September 24, 2012; October 17, 2012; November 13, 2012; December 11, 2012 ADMINISTRATOR'S REPORT OLD BUSINESS: 1) Potential modifications to the Village Code regarding changes of uses at Shopping Centers NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: January 22 & February 12, 2013 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary BOARD OF TRUSTEES MEETINGS January 8,2013 Page 2 of 19 Mayor Joan L. Feinstein welcomed everyone to the first meeting of the year 2013. She noted that the Village's Consultant, Marilyn Timpone Mohamed from the firm of FP Clark Associates was excused from the meeting because she was ill. Reviewing the agenda, Mayor Feinstein asked if anyone was in the audience for the Rye Town Dissolution Study. No one responded, therefore, with the consensus of the Board this matter was moved to the end of the agenda. RESOLUTIONS: Mayor Feinstein called for the first resolution item on the agenda: 1) Considering an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue Mayor Feinstein noted that there were outstanding issues that needed to be addressed. The public hearing was held and closed in December. She called for a motion to place the resolution on the January 22, 2013 agenda. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the resolution was placed on the January 22nd agenda. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Kip Konigsberg, applicant, thanked the Board. Mayor Feinstein called for the next matter on the agenda: 2) Setting a public hearing for application for approval of a special permit and amended site plan for Reckson Operation Partnership, L.P. at property located at 1100 King Street Mayor Feinstein requested that Mr. Bradbury, Village Administrator, read the resolution prior to discussion on this matter. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 3 of 19 RESOLUTION (REVISED 01/08/2013) SETTING A PUBLIC HEARING FOR APPLICATION FOR APPROVAL OF A SPECIAL PERMIT AND AMENDED SITE PLAN FOR RECKSON OPERATING PARTNERSHIP, L.P. AT PROPERTY LOCATED AT 1100 KING STREET WHEREAS, the Board of Trustees is in receipt of applications by Reckson Operating Partnership, LP for approval of an Amended Site Plan and Special Permit at property located at 1100 King Street, designated as Parcel ID 129.25-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District (the "Project") WHEREAS, on November 13, 2012 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation;and WHEREAS, on November 27, 2012 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action with a uncoordinated review;and WHEREAS, on December 7, 2012, pursuant to General Municipal Law 5239-m and Westchester County Administrative Code 5277.61, the proposed site plan amendment and special permit application was referred to Westchester County Department of Planning no less than 30 days prior to the public hearing concerning applications;and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated January 3,2013. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby declares itself Lead Agency pursuant to SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 22, 2013 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of an amended site plan and special permit application at property located at 1100 King Street; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that pursuant to General Municipal Law 5239-nn, the proposed site plan amendment and special permit application be referred to the Town/Village of Harrison and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the applications. BE IT FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code. Mayor Feinstein noted that the Board of Trustees has the final approval authority for these types of applications. The Planning Board has vetted this application. This is not the public hearing, but it is in everyone's best interest that all of the BOARD OF TRUSTEES MEETINGS January 8,2013 Page 4 of 19 issues are fully addressed and members of the public will always have the opportunity to speak. She called upon the representative for the applicant to give a brief overview on this project. William Null, Esq., from the law firm of Cuddy & Feder, addressed the Board. He brought the Board up to date on what has transpired over the past month. Besides a very dynamic dialogue between the Village and the applicant's consultants, the Planning Board has replied back and it was a favorable recommendation. There are several items to be reviewed. Mayor Feinstein noted that she has reviewed the Planning Board meetings. Attorney Null noted that the applicant has done some research and initially compared this application to a site in New Jersey, but found that it was not similar. The comparison should be apples to apples and will continue the review by looking at another facility in Pennsylvania. The applicant will have information available prior to the public hearing. Mayor Feinstein noted that the Board was considering scheduling the public hearing for January 22nd. This is a holiday weekend, and the information must be submitted the week before. Marilyn Timpone Mohamed, Village Consultant, is out sick this evening, but will be available to respond to questions at the next meeting. Attorney Null noted that the applicant is trying to expedite the responses to issues raised by the Planning Board, Village Staff, and members of the public. Several reports have already been submitted including traffic, drainage and landscaping studies. The applicant is attempting to address each issue as it arises. The applicant is meeting with the residents of both Doral Greens and Belle Fair. There was a very constructive dialogue with Doral Greens and photo simulations have been submitted. It was noted that this property sits lower on the site, the proposed building is a fairly low building, and there will be screening and landscaping. Comments have been received from the Village's Emergency Task Force, and the issues will be addressed. A new access point from King Street has been suggested as an emergency access, however, the Department of Transportation has the last say on this access. It was noted that the Planning Board has asked the applicant to respond to the Task Force to discuss a road on the property that does not exist. This is a paper roadway. Also discussed was the issue of buses. The applicant has responded that they are more likely to have shuttle vans versus buses. Also noted was that the rinks are cleaned up and made ready for play by the Zambom. There are chemicals used to cool the ice and a question was raised by BOARD OF TRUSTEES MEETINGS January 8,2013 Page 5 of 19 the Planning Board and the professional staff regarding disposal of the melted ice. It is noted that the ice is melted down and recycled and nothing dumped in any water course. Mr. Null noted the type of chiller will be a Freon system which is the same type used in office buildings. Mayor Feinstein questioned whether or not Attorney Null and the applicant had seen correspondence from the Town of Greenwich and the City of Rye, along with the public comments that have been received. The Board would like to make sure all issues raised are dealt with. Attorney Null noted that some of the issues raised by these municipalities have been addressed. Attorney Null noted that the City of Rye and Town of Greenwich had questions about impervious surfaces, drainage, parking, and the increase of traffic. He noted that traffic was addressed and the reports were reviewed by the Village's Traffic Consultant. Mayor Feinstein stated that this was an excellent overview of where this application is in the process. Mayor Feinstein noted that Senator George Latimer and a representative from the Town of Greenwich were also in attendance. Trustees Rosenberg and Rednick noted that they had several questions which they would hold for the public hearing. Mr. Peter Tesei, First Selectman in Greenwich, addressed the Board. He thanked the Village Administrator for including them on discussions regarding this application. Mr. Nick Lyras, President of the Doral Greens Home Owners Association, addressed the Board. He questioned the chemical used to cool the building. The applicant promised to provide the Board and Doral Greens with the information on this particular chemical. He noted that Reckson has been extremely good to Doral Greens. They have always been willing to take care of the screening between Reckson and Doral. Mayor Feinstein noted that the chemical issue is being reviewed by the Village's Consultants as well. Attorney Null stated that something in writing will be submitted to address this issue. Attorney Clifford Davis, legal counsel for Allan Burke and Nancy Ruskin of Doral Greens, addressed the Board. He stated that he sent a letter on December 11th to which he has not yet received a response. In this letter he states that he cannot see BOARD OF TRUSTEES MEETINGS January 8,2013 Page 6 of 19 a provision for a recreational facility in this OB-1 zone. Mayor Feinstein noted that the Building Inspector has made a determination as to the zoning. Mr. Davis also requested clarification regarding whether or not the applicant would be waiving development rights on this parcel if they receive approval to construct this facility. Mayor Feinstein noted that the issue regarding further construction on the site will be addressed at the Public Hearing. Attorney Null noted that the magnitude of the use is specified by the Zoning Code. The applicant disagreed with Attorney Davis's characterization regarding the recreation facility use. He also stated that the applicant would not be required to waive their rights to additional construction and noted that prior approvals granted the construction of a much larger facility. Bob Richardson, from the King Merritt community in Greenwich, addressed the Board. He noted that a written response will be submitted, and suggested that this matter be deferred until February 12th Board of Trustees meeting. The questions asked by the Town of Greenwich, and the issues raised by the Planning Board, show that additional time must be Iiven to read and review the responses. The time between now and January 22' does not allow sufficient time. Reckson is a well known real estate developer, but this is not in their normal line of business. He requested a review of QMC's five-year plan for this proposed facility, assuming that it is successful. Mayor Feinstein noted that the public hearing will not be closed unless the information has been fully vetted. This application is on the fast track meaning that information has been submitted quickly. Mayor Feinstein reiterated that she wants to make sure all the information is obtained and addressed and the public hearing will not be closed until that happens. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 3) Considering an application for the removal of a significant tree at 29 Winding Wood Road BOARD OF TRUSTEES MEETINGS January 8,2013 Page 7 of 19 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 29 WINDING WOOD ROAD WHEREAS, Mr. Michael DeMarco, the owner of 29 Winding Wood Road, Rye Brook applied for a Tree Removal Permit for thirty-six (36) inch dbh, seventy to eighty (70-80) foot high Tulip Significant Tree at said property on December 18, 2012; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said tree is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Mr. Michael DeMarco for the removal of the following: Thirty-six (36) inch diameter, seventy to eighty (70 - 80) foot high Tulip; and be it FURTHER RESOLVED, Mr. Michael DeMarco, the homeowner will pay into the Street Tree/ Shade Tree fund for the required replanting of two (2) trees at $125/tree for a total of$250. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was opened to discussion. Michael and Linda De Marco, applicants, addressed the Board. It was noted that this tree is located on the side of their home and they felt that this tree poses a danger to their home and their neighbor's home. After seeing the devastation from Hurricane Sandy, the applicants realized that this tree has the potential of doing some serious damage. When winds are over 45 miles per hour, it doesn't matter what the health of the tree is; anything can happen. The storms are becoming stronger and are more frequent. This tree, and the possibility of it crashing through their home, has caused a great deal of anxiety. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 8 of 19 Mayor Feinstein noted that the Village Code has provisions for what trees can be taken down. The Board and the Environmental Council are considering changes to the Village's Code. Michal Nowak, Village Arborist, has seen the tree and he was asked to address this matter. A field visit was performed. The overall appearance of this tree is consistent with that type of tree. Mr. Nowak noted that there are three Tulip Trees on Rock Ridge Drive that are similar to this tree. The subject tree does appear to be healthy, but the only way to check the tree for decay is to do a boring and obtain a read out. Mr. De Marco has hired a tree company but they do not have a certified arborist on staff. The borings were done. A report was issued that there is 20% decay in the tree, but Mr. Nowak noted that there was no evidence to back this information up. This requires monitoring. Trustee Rosenberg requested the photographs of the tree. Mr. De Marco noted that he has numerous trees on his property. He presented the Board with photographs of the tree. Mr. De Marco stated that in his permit request he noted that he would address this tree as a healthy tree. He spoke with an arborist and asked if he would certify that a healthy tree will not snap and devastate this house. No one will do this. Mr. Nowak noted that Tulip trees get tall. Every type of tree has different growth habits. This tree has been trimmed. Approximately three leaders were removed and it has been pruned properly. There have been several storms in the last three and four years and they have been record storms. Trees are dynamic, living things but no one can guarantee how they will react in 65 mile per hour winds. Trustee Toby Marrow asked if there was a replanting plan. Mr. De Marco noted that he would be willing to plant trees in the Village. Mr. Bradbury pointed out that there is a schedule for the replacement of trees. If there is no practical place to plant the two trees, then the Village Code allows for a payment into the street fund. Trustee Rosenberg suggested that the Village accept a donation to the street tree fund versus planting additional trees on this property. Many street trees were lost in the most recent storms. Trustee Heiser asked if there were other trees on the property that would hit the house if they fell. Mr. De Marco noted that there were other trees, but none as tall and as close to the house. The Board was very sympathetic. Trustee Rosenberg made a motion to amend approval of the resolution, with the amendment to the resolution that the Village accept a donation to the street tree fund. The motion was seconded by Trustee Rednick. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 9 of 19 Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting No Mayor Feinstein noted that there are many residents in the Village that might want to remove healthy trees for similar reasons. Rye Brook is a Tree City. The Village Code will be reviewed. 4) Considering an application for the removal of a significant tree at 227/231 North Ridge Street Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF A SIGNIFICANT TREE AT 227/231 NORTH RIDGE STREET WHEREAS, Mr. Ron Sciappatura and Mr. Alan Strass, the owners of 227 and 231 North Ridge Street, respectively, Rye Brook applied for a Tree Removal Permit for a thirty-eight (38) inch diameter, ninety (90) foot high Pin Oak Significant Tree on the property line of said properties on December 26, 2012; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said tree is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by Mr. Ron Sciappatura and Mr. Alan Strass for the removal of the following: Thirty-eight (3 8) inch diameter, ninety (90) foot high Pin Oak; and be it BOARD OF TRUSTEES MEETINGS January 8,2013 Page 10 of 19 FURTHER RESOLVED, Mr. Ron Sciappatura, the homeowner 227 North Ridge Street will pay into the Street Tree/ Shade Tree fund for the required replanting of one (1) tree at$125/tree for a total of$125; and be it FURTHER RESOLVED, Mr. Alan Strass, the homeowner of 331 North Ridge Street will pay into the Street Tree/ Shade Tree fund for the required replanting of one (1) tree at$125/tree for a total of$125. Mayor Feinstein noted that this is not a healthy tree. This situation is very different than the prior situation. The applicants presented a letter from an Arborist. Mr. Nowak noted that it has a root growing around the tree and the root is decayed. There is a driveway on either side of this tree and the root zone is limited. There is nothing that can be done; this tree had poor structure since its early days. A replanting plan has been submitted. The applicants presented a photograph of a home that was destroyed during Hurricane Sandy. The photo was of Trustee David Heiser's home. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted, as amended to approve a donation to the Village's tree fund versus replanting on the applicants' properties. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye With the consensus of the Board, Mayor Feinstein move up the discussion item, regarding Shopping Centers in the Village. OLD BUSINESS: 1) Potential modifications to the Village Code regarding changes of uses at Shopping Centers Mayor Feinstein noted that the Village's consultant, Marilyn Timpone Mohamed, has reviewed this issue. There are two or three different issues BOARD OF TRUSTEES MEETINGS January 8,2013 Page 11 of 19 to be reviewed. The main objective is to find a way to streamline an application within the shopping center. Discussion ensued as to the fact that an applicant may not be adding footage or creating a more intense use and how to handle this type of application. Traffic and parking issues need to be considered. Mr. Bradbury noted that there are different parking requirements for different types of uses. Mayor Feinstein noted that the Village may have to review parking standards. A different type of use would require a site plan review. Assuming that the proposed legislation goes through, then maybe it could be streamlined by requiring the applicant to go before only one Board. If the square footage is not being increased, then the application would not be required to go before the Planning Board. The Village should be able to streamline the process, making it easier for potential tenants to obtain permits. The Village needs to be concerned for the shopping center, and for any burdens that are placed on the tenants. Examples of how tenants decide not to pursue leases with the Rye Ridge Shopping Center were given. Trustee Rosenberg felt that a like use, and no increase to the footprint, should not require a site plan review. In terms of a more intense use, he agreed with Mayor Feinstein that the process needs to be streamlined. These shopping centers are the Village's `down town.' All decisions to be made in the shopping center should rest with the elected officials. Information is available form the Village's consultants and from Village staff review. Mr. Bradbury noted that potential legislation can be drafted. Mayor Feinstein noted that intensity of use should be reviewed. If there was an increase in the number of parking spaces required, then a site plan review would be required. Mr. Bradbury noted that these changes to the Code will affect all shopping centers within the Village. Trustee Heiser concurred that things should be made easier for the shopping centers to bring in new tenants. He felt that the Board of Trustees should keep the authority for making the decisions. Mr. Bradbury noted that any application can be referred to another Board for report and recommendation. Trustee Rosenberg noted that reviewing parking regulations for the shopping centers could be done as a separate proj ect. Jonathan Kallman, owner of Rye Ridge, addressed the Board. He noted that he greatly appreciated this type of dialogue. He felt that the Village should have a definition for a shopping center as there are multiple uses within each center. People will park their cars and visit multiple business BOARD OF TRUSTEES MEETINGS January 8,2013 Page 12 of 19 within the center. Having an applicant go before multiple Boards is a time consuming task, as well as costly. Peter Stahl, of Win Ridge Realty, addressed the Board. He noted that he had referred suggestions for streamlining the process. Sometime an applicant must go to several boards. There should be a way to narrow the gap from application and the final approval. Mayor Feinstein recapped the discussion. She felt that there was enough thought for a draft change of legislation to take place. 5) Setting a public hearing to consider a fire protection agreement with the Village of Port Chester Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A NEW FIRE PROTECTION AGREEMENT WITH THE VILLAGE OF PORT CHESTER WHEREAS, the Board of Trustees is considering entering into a renewal of a five (5) year Fire Protection Agreement with the Village of Port Chester beginning June 1, 2013. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on January 22, 2013 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a new Fire Protection Agreement with the Village of Port Chester. A public hearing is being set on the same evening by the Village of Port Chester. Mayor Feinstein noted that she was looking forward to working with Port Chester again. This contact is ready to be approved. Mayor Pilla was thanked for his work on this contact. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 13 of 19 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 6) Considering approving contracts with General Code for professional services related to records management and Building Department software applications Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING CONTRACTS WITH GENERAL CODE FOR PROFESSIONAL SERVICES RELATED TO RECORDS MANAGEMENT AND BUILDING DEPARTMENT SOFTWARE APPLICATIONS WHEREAS, the Village's Records Management Task Force has reviewed different vendors and software packages for electronic records management; and WHEREAS, the Task Force believes General Code offers the most comprehensive approach to electronic records management which widely used by other municipalities and is in consistent with the NYS records retention and disposition schedule; and WHEREAS, General Code offers a software module for processing and managing parcel data for Building, Zoning and Planning functions that will be an integral part of the comprehensive electronic records management system; and WHEREAS, the Board of Trustees authorized funding in the amount of $260,000 in the authorization of a Bond Anticipation Note (BAN), with an additional $40,000 BAN previously authorized in the 2011-2012 capital budget. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorize entering into the following contracts: BOARD OF TRUSTEES MEETINGS January 8,2013 Page 14 of 19 1) Enterprise Content Management Solutions: Dell LP Marketing State Contract PT65191 dated October 22, 2012 2) Enterprise Content Management Solutions: Laserfiche Services dated October 22, 2012 3) Document Imaging Services dated October 22, 2012 4) Municity Integrated Parcel Management Services Contract: Dell LP Marketing State Contract PT65191 dated October 22, 2012 5) Municity Integrated Parcel Management Services Contract dated October 22, 2012; and be it FURTHER RESOLVED, the Mayor and Administrator are herby authorized to sign and deliver all necessary documents to accomplish the purpose of this resolution; and be it FURTHER RESOLVED, approval is subject to changes or modifications approved by village counsel. Mr. Bradbury stated that this is a very comprehensive plan for records management in the Village of Rye Brook. The heart of the system is an electronic file cabinet. The contracts have been reviewed by counsel and all concerns have been addressed. Edward Beane, Esq., Village Counsel, summarized this project. This will modernize and will take the Village from a paper model to an electronic, modernized, model. The hardware and software have been updated. This has been a large undertaking. On a motion made by Trustee Heiser, and seconded by Trustee Marrow, the resolution was adopted. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 15 of 19 Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 7. Considering an agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE SHARED FINE REVENUE OF THE TAXI AND LIMOUSINE COMMISSION WHEREAS, the Village of Rye Brook Police Chief desires to enter into an Agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission. NOW, THEREFORE BE IT RESOLVED, that the Mayor, Administrator and Police Chief are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of the agreement with Westchester County Taxi and Limousine Commission. Edward Beane, Esq., Village Counsel, noted that there were changes made to this agreement. None of the changes were deal breakers. Mr. Bradbury stated that the Village will now receive 25% of the fines written by a Rye Brook Police Officer. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 16 of 19 The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 8) Considering the approval of Minutes: September 24, 2012; October 17, 2012; November 13, 2012; December 11, 2012 Mayor Feinstein requested, with the consensus of the Board, that this resolution be adjourned to the next Board of Trustees meeting. REPORT 1) Rye Town Dissolution Study Mayor Feinstein noted that this project has been a cooperative effort. Money from the State of New York, a grant, was received by the Town of Rye, Rye Brook, Port Chester and Mamaroneck, and then Port Chester, Rye Brook and Rye put in additional $5000 each. The goal was to study governance and service options for the community, and explore the dissolution of the Town of Rye and the creation of a coterminous town/villages in Port Chester and Rye Brook. In this way informed decisions about the most efficient way to govern and most cost effective way to deliver municipal services in the future could be made. An unbelievable report was done. The quality of the work performed has been outstanding. There was a steering committee and meetings and public forums were held. The report is still in draft, and it has not yet been adopted by anyone. The dissolution of the Town of Rye would be more of a restructuring. The four municipalities have started discussions to see if further steps should be taken. There has not been any public out cry on this issue. There are layers to the Town of Rye. Now the Board must make a determination as to whether or not to take this matter further. All four municipalities must be in concurrence to move to the next level. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 17 of 19 Mr. Bradbury focused on the details of the draft report presented in November of last year. This information is available on the Village's website, and there are videos of the meetings. The report is a compilation of many factors. There was a lot of input, and alternative forms of government were reviewed. There was a high level review of potential shared services. There is a relative small budget for the Town of Rye — non-emergency services. The Town is completely covered within the Villages. The three Villages are largely full service providers. Villages cannot exist outside of a Town. The Town services and obligations would need to be distributed to the Villages that remain, and there is a history of shared services. Some structure considerations were reviewed. The Town of Rye property taxes would be eliminated. There would be no impact to the Schools. The study makes civil service and asset liability assumptions. There were also financial considerations. These items are highlighted in the report. Mr. Bradbury gave a brief outline of the model that has been proposed. Crawford Park would transfer to Rye Brook. Certain properties would be sold. The costs and ownerships of the Bridges would be reapportioned back to the Town/Villages. Rye Town Park would be transferred. The tax collection would be shared between Rye Brook and Port Chester. Assessment is the same thing. A court would have to be discussed. Rye Brook would assume the responsibility of the maintenance of Crawford Park. A tax savings would be incurred, and there are other savings that could be incurred. The last part of the study reviewed the shared services. Mr. Bradbury reviewed the list of items. Mayor Feinstein thanked Mr. Bradbury for an excellent overview. There is nothing negative said about the Town of Rye, only that there are some duplications. Trustee Rosenberg noted that he chaired a committee about this very topic many years ago. The report produced by the Steering Committee was great and it covered every aspect. He noted that financially this would be a wash, however, eliminating another layer of government would have a positive effect. He felt that a coterminous town/village option should be explored further. The appetite of the other municipalities should be checked before this goes any further. Mr. Bradbury noted that a meeting has been scheduled for next month. All four municipalities would need to want to move forward. Trustee Rednick pointed out that there are a lot of uncertainties. Mr. Bradbury noted that the next step would be the referendum. The current model has cost assumptions included. Mayor Feinstein noted that the implementation is the rough part. Mr. Bradbury stated that there is a grant. He reviewed some of the financial tax credits that were available. There are also efficiency grants that can be applied for. BOARD OF TRUSTEES MEETINGS January 8,2013 Page 18 of 19 Trustee Heiser noted that he was not afraid of the downside of losing the Town of Rye. Mayor Feinstein stated that there is a long road ahead of the Village. She felt that the funds for this study were monies well spent. Mayor Feinstein called for the Administrator's Report. ADMINISTRATOR'S REPORT: Mr. Christopher Bradbury, Village Administrator, began his report by noting that the Village is picking up Christmas Trees. Trees should be put out by the curb. On line calendars regarding trash and recycling pick up are available for the residents. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the meeting was adjourned at 10:31 p.m. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye BOARD OF TRUSTEES MEETINGS January 8,2013 Page 19 of 19