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HomeMy WebLinkAbout2011-04-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 26, 2011-7:30 P.M. AGENDA 6:45 P.M.–Executive Session– Contract Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Town Assessor Mitchell Markowitz regarding the preliminary assessment process PUBLIC HEARINGS: (1) Public hearing to consider a proposed site plan application for a natural gas powered generator at 555 Westchester Avenue RESOLUTIONS: (1) Considering adoption of the Village of Rye Brook 2011-2012 Annual Budget (2) Considering approving the 2011-2015 Stop DWI Extension Agreement between Westchester County and the Village of Rye Brook (3) Considering a stipulation of agreement between the Village of Rye Brook and the Local 4041, International Association of Firefighters ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS Board of Trustees Meeting April 26,20]] Page 1 of 14 DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: May 10 and May 24, 2011 BOARD: Trustee Michael S. Brown 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 Edward Beane, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafro, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the Tuesday, April 26, 2011 Regular Meeting of the Board of Trustees. With the consensus of the Board, she called upon Mr. Abramson who wished to address the Board. Mr. Abramson, a former resident of the Town of Rye, noted that his father purchased the property located at the corner of Bowman Ave. and Ridge Street many years ago. His father owned Abramson's Drug Store from 1936 to 1972. It was located on Bowman Avenue in what is now called the Biltmore Center. He grew up in Port Chester, and he stated that he was committed to the Village of Rye Brook. He has received several offers to lease the property since the gas station did not renew their lease. First CVS came in with a proposal, then Key Bank and finally TD Bank. At this time he has reached an agreement with TD Bank, who proposes the demolition of the gas station and the construction of a new building. If any issues arise he is available to answer any questions. Trustee Paul Rosenberg noted that there is a proliferation of banks in the area. There is a Chase bank across the street, a Wells Fargo Bank down the street, and a Hudson Bank at the Bowman and Westchester Avenue intersection. There is also a TD Bank in Port Chester on Post Road. Trustee Rosenberg questioned why another bank. Mr. Abramson noted that Mobile did not want to renew their lease. Board of Trustees Meeting April 26,2011 Page 2 of 14 He did not go out and solicit the offers, but TD Bank contacted him with an appealing proposal. The hope is to have the property rented within nine (9) months. Discussions are now being held with the Village's Building Department. Mayor Feinstein thanked Mr. Abramson for notifying the Village of the new intent for the property. Mayor Feinstein noted that two individuals who were very active in the community passed away recently. Mr. Harvey Schiller passed away approximately ten (10) days ago. The Board extended their condolences to his family and noted that this is a great loss. Mayor Feinstein noted that Madelon Rand passed away yesterday. She was the wife of the former mayor, and she served the Village on several Boards. Heartfelt condolences were also extended to Larry Rand and his family. Mayor Feinstein called for a moment of silence. Mayor Feinstein called for the first item on the agenda: REPORT: 1) TOWN ASSESSOR MITCHELL MARKOWITZ REGARDING THE PRELIMINARY ASSESSMENT PROCESS Mr. Mitchell Markowitz, Rye Town Tax Assessor, addressed the Board. He noted that over the past year and a half the Town has been updating property data. Vision Appraisal has been working with the Town to update assessments. Fundamentally this was done because it is good business practice. Property tax revenue is the largest source of revenue for the Town. Property taxes must reflect fair market values. A process for ongoing maintenance has now been created. This is about fairness and equity. Dave Arnold of Vision Appraisal addressed the Board. He stated that no physical inspections of non-homestead properties were done, but a letter was sent to each homeowner requesting an update. A lot of information was found to be inaccurate. Sales of properties that took place between 2008 and 2010 were reviewed. Valuation models were created from the list of sales. There was an overall increase of 1% of property value. 35% of properties had some sort of increase made to their assessments. Inaccurate assessments were corrected. Mr. Arnold stated that residents who are Board of Trustees Meeting April 26, 2011 Page 3 of 14 concerned about the changes to their assessment can schedule a meeting with Vision Appraisal at Pearl Street. Mayor Feinstein noted that she, Mr. Bradbury, and Mr. Carvin met with Mr. Arnold. She noted that she was concerned about some of the assessments. The Board believes in equity, but some of the assessments have increased as much as 20%. The letters sent out give the value and the land assessment. Some residents have put on additions or done work to their home and their assessments have changed. Other residents have done nothing to their homes or property and their assessments have gone up. There are some properties that have had very large changes. Mr. Arnold stated that there is a standard to follow. The market is not perfect and people do over pay for property. If there is a mistake, then it will be corrected. The public helps with this process. The question is really, "is the assessment fair?" At this time certain land values are being reviewed. It is a process to get to the final numbers. Mr. Markowitz noted that the land value is not the basis for tax assessment. Taxation is based on the total value. As part of the process a lot of information is on the Town's website. The Village of Rye Brook also has information on its website. The inventory is on the Vision Appraisal website. Comparable sales can be reviewed. Mr. Markowitz noted that if there are any changes to assessments, notices will go out. The assessment roll will be published on June 1st. Then the normal review process will commence and property owners will have between June 1st and June 21st to file a grievance. Forms are available at the Town offices and online. There is a book at the Town offices of comparable sales. The plan is to end the informal meetings by May 20tH The results of informal reviews will be reviewed before decisions are made. Any changes will be made in writing to the property owner. Trustee Michael Brown questioned whether residents would be contacted regarding increases made to properties based on information received during this process from other people. Mr. Markowitz responded by saying no. Former Trustee Joseph Pellino addressed the Board. He noted that he thought that the land values were very confusing. Some property values went up 18% to 20% and residents have received notices, however, many people are not taking advantage of the opportunity to meet with the Assessor and Vision Appraisal. Board of Trustees Meeting April 26, 2011 Page 4 of 14 Mayor Feinstein encouraged all residents to review their assessments and contact the Assessor's office so that they understand what has happened. She urged residents to advocate for themselves. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED SITE PLAN APPLICATION FOR A NATURAL GAS POWERED GENERATOR AT 555 WESTCHESTER AVENUE Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Michael Brown, and seconded by Trustee Toby Marrow, the public hearing was declared open. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown 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 Mayor Feinstein noted that this application has been referred to the Planning Board. The Planning Board has not yet acted on this application, but it will be before the Planning Board on May 12th. She requested a motion and second to adjourn this matter. On a motion made by Trustee Brown, and seconded by Trustee Paul Rosenberg, the matter was adjourned to the second Board of Trustees meeting in May. Mr. Burke called the roll: Trustee Michael S. Brown 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 Meeting April 26,2011 Page 5 of 14 RESOLUTIONS: 1) CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2011-2012 ANNUAL BUDGET Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2011-2012 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 18, 2011; and WHEREAS, the Board of Trustees held two budget work sessions on March 28 and April 9, 2011; and WHEREAS, the Board of Trustees held a public hearing on April 12, 2011 pursuant to the notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, on January 25, 2005 the Board of Trustees adopted a local law allowing for homestead base proportions, and on March 8, 2011 the Board of Trustees adopted a resolution establishing base proportions of 74.248195% for homestead properties and 25.75% for non-homestead properties for the purposes of the 2011-12 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,597,661,379 and based upon the amendments made by the Village Board and discussed at the budget work sessions and public hearing, would result in a homestead tax rate of$4.59 and a non-homestead tax rate of $7.05 per $1,000 of assessed valuation ($5.04 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $13,103,226 tax levy based upon the most updated Assessment Roll provided by the Assessor; and Board of Trustees Meeting April 26, 2011 Page 6 of 14 NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted: 2011-12 Tentative 2011-12 Adopted Fund/Account Budget Budget Expenditures: 1930.439 Special Items... Judgments and Claims $110,000 $25,000 7140.473 Recreation Department... Youth Activities $50,000 $79,000 Revenues: Parks and Recreation $460,000 $489,000 From Capital Fund to Recreation Trust&Agency Account: Replace Basketball Hoops at Garibaldi Park $15,000 $15,000 New Scoreboard-Old Field at Pine Ridge Park $12,000 $15,000 Capital Account reduce Real Property Tax Lu ort Com rehensive Plan $90,000 $80,000 Transfer o 'Fund Balanceor Capital Pro'ects Fund: $121,000 $94,000 Fees: Burglar Alarm-2nd Alarm $55 $50 Burglar Alarm-3rd Alarm $95 $90 Burglar Alarm-4th Alarm $135 $130 Burglar Alarm-5th Alarm $175 $170 Burglar Alarm-Additional(6th or more) $215 $210 Fire Alarm-2nd Alarm $85 $80 Fire Alarm-3rd Alarm $140 $135 Fire Alarm-4th Alarm $195 $190 Fire Alarm-Additional(5th or more) $250 $245 Expired Building Permit Administrative Fee $500 $750 Handgun storage $25/mo. $25/mo. after 6 mo after 12 mo. Resident Multi-Purpose Room(without Kitchen)up to 2 $300 $190 hrs. Recreation- Small Equipment Rentals(24 hours or next $25 business day) $0 (+$25 deposit) DayCamp: 6 week resident $870 $930 add Child 6 week resident $670 $730 after 5/1 6 week resident $1,020 $1,080 add Child after 5116 week resident $770 $830 Board of Trustees Meeting April 26, 2011 Page 7 of 14 6 week non-resident after 511 $1,150 $1,210 add Child 6 week non-resident session $950 $1,010 5 week resident $900 $950 add child 5 week resident $675 $725 5 week non-resident $1,035 $1,085 add child 5 week non-resident $840 $890 4 week resident $760 $800 add child 4 week resident $560 $600 4 week non-resident $888 $928 add child 4 week non-resident $752 $792 3 week resident $600 $630 add child 3 week resident $450 $480 3 week non-resident $840 $870 add child 3 week non-resident $684 $714 2 week resident session $490 $510 add Child 2 resident week session $390 $410 2 week non-resident after 511 $720 $740 add Child 2 non-resident week session $620 $640 1 week resident session $320 $330 add Child 1 resident week session $240 $250 1 week non-resident after 511 $440 $450 add Child 1 non-resident week session $340 $350 AND BE IT FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2011; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges identified in the budget be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby authorize the tax levy for the sum of $13,103,226 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of $2,597,661,379 for the Village of Rye Brook and applying the approved homestead base proportions to determine the tax rates, would Board of Trustees Meeting April 26, 2011 Page 8 of 14 result in a homestead tax rate of $4.59 and a non-homestead tax rate of $7.05 per thousand of assessed valuation. Mayor Feinstein noted that workshops and public hearings were held, but not much residential input was received. Some changes have been made. The Board and staff has worked very hard on this budget. Mr. Bradbury thanked the Board for their direction, and staff for their hard work. Mr. Bradbury made one amendment to the resolution. On a motion made by Trustee Jeffrey Rcdnick, and seconded by Trustee Rosenberg the resolution was adopted, as amended. The roll was called: Trustee Michael S. Brown 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 2) CONSIDERING APPROVING THE 2011-2015 STOP DWI EXTENSION AGREEMENT BETWEEN WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING THE 2011 - 2015 STOP DWI EXTENSION AGREEMENT BETWEEN WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK WHEREAS, on February 14, 2006 the Village of Rye Brook entered into an agreement with the County of Westchester for a Stop DWI Patrol Project Reimbursement Contract for the 2006 calendar year; and Board of Trustees Meeting April 26, 2011 Page 9 of 14 WHEREAS, on January 23, 2007 the Village of Rye Brook entered into an extension of said contract for an additional four (4) years, from January 1, 2007 through December 31, 2010; and WHEREAS, the County of Westchester and the Village of Rye Brook desire to enter into an amended agreement for a five year extension of the Stop DWI Patrol Project from January 1, 2011 through 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. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby enters into an extension agreement of the Stop DWI Patrol Project for an additional five (5) years, from January 1, 2011 through December 31, 2015 at the rate of$8,400 per year; 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. Mr. Bradbury noted that the County reimburses the Village for overtime costs associated with DWI/DWAI enforcement of up to $8,400.00 per year. On a motion made by Trustee Toby Marrow, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown 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 Meeting April 26, 2011 Page 10 of 14 3) CONSIDERING A STIPULATION OF AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A CONTRACT AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE LOCAL 4041 VILLAGE OF RYE BROOK PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION. WHEREAS, the Village of Rye Brook and Rye Brook Local 4041 Village of Rye Brook Professional Firefighters Mutual Aid Association have been negotiating for a contract extension; and WHEREAS, on April 13, 2011 a Stipulation of Agreement was agreed upon by the two parties. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves a contract agreement with the Local 4041 Village of Rye Brook Professional Firefighters Mutual Aid Association for the period of June 1, 2011 through May 31, 2014, on the terms and conditions set forth in the Stipulation of Agreement signed by both parties on April 13, 2011; and be it FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that there will be salary increases of 2.25% and medical benefits have been revised. He highly recommended this resolution be adopted. He also noted that there is a modification of the training schedule. Mayor Feinstein noted that this was a difficult contract to negotiate. Trustee Rosenberg noted the firefighters' union entered into this equitable and fair contract. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. Board of Trustees Meeting April 26, 2011 Page 11 of 14 The roll was called: Trustee Michael S. Brown 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 Mayor Feinstein requested that two additional resolutions be added to the agenda. The first was in connection with the Memorial Day Parade. 4) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2011 MEMORIAL DAY CEREMONIES & PARADE TO BE PAID TO THE AMERICAN LEGION MEMORIAL DAY COMMITTEE Mr. Bradbury read the following resolution: WHEREAS, the American Legion, Port Chester Post 93 will host the 2011 Memorial Day ceremonies and parade on Monday, May 30, 2011; and WHEREAS, the Village of Rye Brook Village Board would like to assist the American Legion with these events. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand dollars ($1,000.00) to the American Legion Memorial Day Committee for its 2011 ceremonies and parade to be held on Monday, May 30, 2011. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Michael S. Brown 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 Meeting April 26,2011 Page 12 of 14 5) APPROVAL OF MINUTES FOR MARCH 8, 2011 AND MARCH 22, 2011. Mayor Feinstein noted that some minor and typographical corrections have been submitted. She called for a motion to approve, as amended. On a motion made by Trustee Marrow, and seconded by Trustee Brown, the summaries of March 8 and March 22, 2011 were adopted as amended. The roll was called: Trustee Michael S. Brown 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 Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report: ADMINISTRATOR'S REPORT Mr. Bradbury noted that next month there will be some applications submitted for community development block grants. The agreement with the county has been modified. Mr. Bradbury noted that the Arbor Day ceremony, which will be held at Village Hall, is scheduled for Friday, April 29th. Residents are invited to attend the ceremony. After a presentation at a prior Board of Trustees meeting, Tennessee Gas has set up emergency training for police, fire, and highway staff. The school district will also be attending the training sessions. Mayor Feinstein called for comments from members of the community. There being none, she called for a motion to adjourn and to go into Executive Session. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the meeting was adjourned at 8:52 p.m., and the Board went into an Executive Session. Mr. Burke called the roll: Board of Trustees Meeting April 26,2011 Page 13 of 14 Trustee Michael S. Brown 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 Meeting April 26, 2011 Page 14 of 14