HomeMy WebLinkAbout2010-01-12 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY,JANUARY 12, 2010-7:30 P.M.
7:00 P.M.—Executive Session: Personnel: Police Department Appointment
ROLL CALL:
PLEDGE OF ALLEGIANCE:
REPORT:
(1) Auditors Report for fiscal year ending 2008/ 2009
PUBLIC HEARINGS:
RESOLUTIONS:
(1) Considering an appointment of an Intermediate Account Clerk
(2) Setting a public hearing to consider a Tier III Home Occupation Permit for a
dental office at 267 North Ridge Street
(3) Considering accepting a donation to purchase a Police Department bicycle
(4) Authorizing the Village of Rye Brook to enter into an agreement with the
owner of 11 Beechwood Boulevard resolving a dispute relating to subdivision
and site plan approval of said premises, Section 1, Block 10, Lot 6A
(5) Designating polling locations and hours for the Village election on March 16,
2010
(6) Setting a public hearing to consider a proposed local law amending Chapter 250
of the Village of Rye Brook Village Code regarding Temporary Certificate of
Occupancies
(7) Requesting 2008/2009 Year End Budget Modifications
(8) Requesting 2009/2010 Budget Modifications
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(9) Authorizing the submission of a NYS Home Rule Request to establish a Hotel
Occupancy Tax
ADMINISTRATOR'S REPORT:
(1) Financial Update
OLD BUSINESS:
(1) Arbors Update
NEW BUSINESS:
DISCUSSION ITEMS:
1) Notification requirements
BOARD: Mayor Joan L. Feinstein
Trustee Michael S. Brown
Trustee Paul S. Rosenberg
Trustee Patricia Sanders Romano
Trustee Dean P. Santon
STAFF: Christopher Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Gregory Austin, Chief of Police
Ed Beane, Esq., Village Counsel
Michal Nowak, Acting Village Engineer
Fred Seifert, Public Access Coordinator
Mayor Joan L. Feinstein welcomed everyone to the January 12, 2010 Board of
Trustees meeting.
She called for the first item on the agenda which will be taken out of order do to a
time constraint with the Arbors attorney.
OLD BUSINESS:
Arbors Update
Mr. Anthony Gioffre of Cuddy & Feder is acting attorney for the title companies
representing The Arbors. He thanked the board for the courtesy of allowing them to be
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moved up on the agenda. Mr. Gioffre introduced Jonathan Kraut who is Special Counsel
for The Arbors Homeowners Association.
Mr. Kraut addressed the Board stating that he has reviewed the records of proceedings
from prior meetings regarding the Arbors so he would be up to speed. He advised the
board that while the title companies have retained Cuddy & Feder, they have also
retained John Meyer Consulting of which Jim Ryan is present tonight. The project team
had a meeting with village staff yesterday where all open items were clarified and they
are optimistic that they can now move forward.
Mr. Jim Ryan addressed the board stating he has been going through maps to get a better
picture of the area and it is their goal to define the physical features, easements, etc.,
through a survey. After the boundary survey is complete, they will do an extensive
analysis through a document search and then prepare a document that will remedy many
of the issues such as boundary conflicts. He is optimistic that all can be accomplished in
the best interest of all those involved and is looking forward to presenting a
comprehensive document.
Mayor Feinstein asked how long the process might take so the Board and the community
might have an idea.
Mr. Ryan responded that it is a complicated survey as they are looking for precise
detailing, but believe by early spring all of the work should be done and in his opinion,
the process should take 3 months maximum.
Trustee Santon asked if they were doing a topographical survey at which Mr. Ryan
responded that the survey will include topographic data, no mapping but plenty of
topographic information will be included
Mayor Feinstein thanked everyone, including The Arbors, for providing a game plan and
time table and cooperation among all the different players as cooperation is key with 250
homeowners being impacted.
Mr. Bradbury added that it was a good meeting and he too is happy with the progress and
direction. There is a real understanding now of what is needed and he looks forward to
working together toward the same goal.
Trustee Santon questioned beyond the scope of title issues, that there is an application
from 9/11 when Mr. Bradbury had sent a 3 page letter requesting additional information
regarding the maintenance shed. He added that while the Village had received a response
from Mr. Flink, the board has not discussed whether the response was acceptable.
Mr. Kraut asked if, before he responded, there were any other issues or concerns as he
would like to address them all at once.
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Trustee Santon added that the Board wants to move forward with the design criteria as far
as decks, impervious surface, etc., so we can work on that in the mean time. He also
brought up the escrow balance which Mr. Kraut responded was just given to him tonight.
Mr. Kraut explained the maintenance shed is on property owned by the school which
lease will expire in March of 2012 and they have received a letter from the school
expressing their future intentions. If a lease or ownership right is not in the offering, it is
something that they will take off the table so it does not make a lot of sense to get into a
discussion right now. On a short term basis, they understand that the shed has not been
used in the manner in which is was meant acknowledging that there is some necessary
equipment being kept there he believes that very soon they will be able to provide a
solution but is not sure what that is yet.
Trustee Santon does not want the Village to wait for The Arbors to figure out what their
long term plan is and would like it to be addressed now.
Mayor Feinstein agreed that certain decisions need to be made in regard to the
maintenance shed but she has confidence that these issues will be addressed in a timely
manner.
Mr. Kraut addressed the issue of the design standards and wants to understand that in
regard to anything that may effect existing structures—they need to know what they are.
Mr. Beane responded that we cannot sit here tonight and guarantee what those design
standards are going to be and their impact. As we go through the process it will be done
openly and publicly and any issues of concern can be dealt with in a fair manner.
Mayor called for the next item to be out of order from the agenda as well:
RESOLUTIONS:
Mr. Bradbury read the resolution:
RESOLUTION
APPOINTMENT OF INTERMEDIATE ACCOUNT CLERK
RESOLVED, that Laurence Simmons of 499 Mundy Lane, Mount Vernon,New York, is
hereby appointed to the position of Intermediate Account Clerk with the Village of Rye
Brook, subject to the Civil Service procedures of the State of New York; and be it
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FURTHER RESOLVED, that the annual salary is $39,000 with an effective start date
of January 13, 2010.
Mr. Bradbury added that he highly recommends Mr. Simmons for this position and he
brings with him a financial background and is anxious to have him join our staff.
Mayor Feinstein called for a motion to accept and on a motion made by Trustee Sanders
Romano and seconded by Trustee Santon, the resolution was adopted.
Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mr. Simmons addressed Board thanking them, and Diane DiSanto and Cathy Spinosa for
this opportunity acknowledging that jobs are difficult to come by these days and he is
grateful for being offered the position.
Mayor Feinstein called for the next item on the agenda:
REPORT:
(2) Auditors Report for fiscal year ending 2008/ 2009
John Cosgrove of O'Connor Davies, addressed the Board explaining the audit is a very
comprehensive report. He proceeded to go through different sections of the report
touching on issues he believed were relevant such as GASB 45 and the general fund.
Mayor Feinstein noted that the fund balance has been reduced due to the economy but
pointed out that we are still within the suggested parameters. The Village rating is very
favorable and that is due in part to the fund balance which is also very important during
the budget process.
Mr. Cosgrove pointed out that the village did a good job at projecting the revenues and
controlling the expenditures.
Mr. Bradbury thanked Mr. Cosgrove as well as the Treasurer and Deputy Treasurer for
their hard work and diligence. He is very proud of the audit as is the Mayor who also
thanked Mr. Bradbury and the Department heads as well. The public is often not aware of
all the time and energy that is given by each department in finding ways to save money.
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Mayor Feinstein called for the next item on the agenda:
2. Setting a public hearing to consider a Tier III Home Occupation Permit
for a dental office at 267 North Ridge Street
Mr. Bradbury read the resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A TIER III HOME
OCCUPATION PERMIT FOR A DENTAL OFFICE AT 267 NORTH RIDGE
STREET
WHEREAS, Dr. Stanley Okun, the owner of 267 North Ridge Street desires to
receive a Tier III Home Occupation Permit for the use of residence as a Dental Office;
and
WHEREAS, Dr. Okun has submitted a Tier III Home Occupation Permit
Application to the Building Department; and
WHEREAS, Dr. Okun has outlined the hours of operations and number of
employees for the proposed Home Occupation in accordance with the Village of Rye
Brook Code.
NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby set
for January 26, 2010 to consider a Tier III Home Occupation Permit under the terms and
conditions set forth in the Village Code.
Mayor Feinstein is delighted to have this on for a Public Hearing as Dr. Okun has been
working very hard with staff and has had his dental practice in Rye Brook for over 40
years.
Trustee Santon recommends that Dr. Okun attend the public hearing because parking will
be an issue and now would be the appropriate time for the village to address the use of
the municipal right of way.
Trustee Rosenberg is also concerned with the parking issue and is concerned that the
plans do not show designated parking spots.
On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the
resolution was adopted.
Mr. Burke called the roll:
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Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor called for the next item on the agenda:
3. Considering accepting a donation to purchase a Police Department bicycle
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING ACCEPTING A DONATION TO PURCHASE A POLICE
DEPARTMENT BICYCLE
WHEREAS, Robert Weisz, Chairman of RPW Group desires to donate funds to
the Rye Brook Police Department to purchase a bicycle.
NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook hereby
accepts the donation of$2,000 to the Friends of Rye Brook account to purchase a bicycle
for the Rye Brook Police Department.
Mayor Feinstein explained how this came to be through a meeting with Robert Weisz of
RPW, Chris Bradbury and herself. He is very receptive and always reaches out to assist.
Another meeting took place with Chief Austin who expressed the need for a new bicycle
and Mr. Weisz was generous to offer the necessary funds. Mayor Feinstein thanked Mr.
Weisz for his generosity and continued cooperation with the Village.
On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the
resolution was adopted.
Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
4. Authorizing the Village of Rye Brook to enter into an agreement with the
owner of 11 Beechwood Boulevard resolving a dispute relating to
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subdivision and site plan approval of said premises, Section 1, Block 10,
Lot 6A
Mr. Raymond Nicotera, representing the homeowner, Mr. Esposito, addressed the Board
noting that it has been a pleasure dealing with Mr. Beane and he believes the matter can
be resolved. He is authorized to accept the stipulation proposed by the Village and his
client will indeed comply with zoning and planning on any future applications.
Mr. Bradbury read the resolution:
RESOLUTION
AUTHORIZING THE VILLAGE OF RYE BROOK
TO ENTER INTO AN AGREEMENT WITH THE OWNER OF
11 BEECHWOOD BOULEVARD RESOLVING A DISPUTE
RELATING TO SUBDIVISION AND SITE PLAN APPROVAL
OF SAID PREMISES, SECTION 1, BLOCK 10, LOT 6A
WHEREAS on August 20, 1991, the Board of Trustees of the Village of Rye
Brook(hereinafter"BOT") granted a two (2) lot subdivision to Mr. Michael Esposito, the
owner of 11 Beechwood Boulevard (hereinafter, the "Applicant"), which premises also is
known as Section 1, Block 10, Lot 6A, (currently 136-29-112) a copy of which
Resolution is annexed to this Resolution as Exhibit"A"; and
WHEREAS, the Applicant, in accordance with the mandate of the
August 20, 1991 Resolution made the requisite donation to the Village Recreational Trust
Fund in the sum of Fourteen Thousand Eight Hundred Eighty Seven and 00/100
($14,887.00) Dollars as set forth in said Resolution; and
WHEREAS, the August 20, 1991 Resolution included certain conditions,
including specifically, that the August 20, 1991 Resolution of Final Subdivision
Approval would lapse if the final plat has not been filed with the Westchester County
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Clerk within six (6) months after the date of the Resolution and construction has not been
commenced within twenty-four (24) months after the date of the Resolution, except that
the Applicant shall have the right to apply for an extension of these time periods for good
cause shown; and
WHEREAS, the Subdivision Map was signed by the Mayor of the Village of Rye
Brook on April 28, 1992 and thereafter filed in the Office of the County Clerk of
Westchester County on June 11, 1992 as Map No. 24647, a copy of which is attached
hereto as Exhibit `B"; and
WHEREAS, the Applicant did not commence construction of the single-family
home referenced in the Resolution within the twenty-four (24) month period set forth in
the August 20, 1991 Resolution; and
WHEREAS, a dispute has arisen between the Village and the Applicant as to the
continued validity of the August 20, 1991 Subdivision Approval; and
WHEREAS, the Village and the Applicant wish to resolve this dispute without
the necessity of judicial intervention or further administrative action by executing an
agreement(the "Agreement") in the form annexed to this Resolution as Exhibit"C";
NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook authorizes the Village to enter into an Agreement with the
Applicant, pursuant to which the Village will acknowledge the two (2) lot Subdivision
Approval set forth in the August 20, 1991 Resolution shall be deemed valid in perpetuity
and shall continue as a valid subdivision as filed in the Office of the County Clerk of
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Westchester County, Division of Land Records on July 11, 1992 subject to the
Applicant's compliance with each of the following conditions:
(a) The Applicant shall comply with all currently existing zoning and
planning ordinances and regulations and other applicable ordinances and regulations of
the Village of Rye Brook and any amendments thereof, including but not limited to
Section 209 of the Village Code and the Building Permit and Fee provisions of the
Village Code concerning each of the two (2) subdivided lots, including any new
construction or modification of any existing improvements; and
(b) The Agreement shall be in recordable form and shall be recorded in the
Westchester County Clerk's Office, Division of Land Records within thirty (30) days of
the Agreement being fully executed; and
(c) The obligations and conditions set forth in the Agreement shall bind and
inure to the benefit of the Applicant's heirs, successors and assigns; and
(d) The Agreement shall include a General Release by the Applicant in favor
of the Village and its elected and appointed officials; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
an agreement incorporating these terms and conditions and deliver all necessary
documents to accomplish its purposes.
Document Exhibit Check List for Approving Resolution:
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Exhibit A August 20, 1991, the Board of Trustees of the Village of Rye Brook
(hereinafter "BOT") granted a two (2) lot subdivision to Mr. Michael
Esposito, the owner of 11 Beechwood Boulevard (hereinafter, the
"Applicant"), which premises also is known as Section 1, Block 10,
Lot 6A, (currently 136-29-112) a copy of which Resolution is annexed to
this Resolution as Exhibit"A"
Exhibit B Subdivision Map was signed by the Mayor of the Village of Rye Brook on
April 28, 1992 and thereafter filed in the Office of the County Clerk of
Westchester County on June 11, 1992 as Map No. 24647, a copy of which
is attached hereto as Exhibit`B"
Exhibit C the Village and the Applicant wish to resolve this dispute without the
necessity of judicial intervention or further administrative action by
executing an agreement (the "Agreement") in the form annexed to this
Resolution as Exhibit "C"
Mr. Beane gave the background of this application stating basically the reason for the
resolution was to have this subdivided parcel go through site plan review and what this
agreement does is that. The applicant has agreed to conform with all of the existing
zoning,planning and any other codes/standards in affect at this time.
There was a brief discussion regarding some language change in the agreement.
On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the
resolution was adopted.
Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Next item on the agenda:
5. Designating polling locations and hours for the Village election on March
16, 2010
Mr. Bradbury read the resolution:
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RESOLUTION
DESIGNATING POLLING LOCATIONS AND HOURS FOR THE
VILLAGE ELECTION ON MARCH 16, 2010
RESOLVED, that voting machines owned by the County of Westchester shall be used at
the next Village Election to be held Tuesday, March 16, 2010; and be it further
RESOLVED, that if said voting machines are not available, the use of paper ballots is
hereby authorized; and be it further
RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye
Brook shall be opened at 7:00 AM in the morning and remain open until 9:00 PM in the
evening of said day; and be it further
RESOLVED, that the polling places be hereby designated for the respective Election
Districts as follows:
Election District#20-Port Chester Middle School-Bowman Avenue (Main Lobby)
Election District#21-Port Chester Middle School-Bowman Avenue (Main Lobby)
Election District#22-Blind Brook High School-King Street (Main Lobby)
Election District#23-Ridge Street School-North Ridge Street (Gymnasium)
Election District #26-Port Chester Senior High School-Neuton Avenue (Main
Lobby)
Election District#27-Ridge Street School-North Ridge Street (Gymnasium)
Election District#29-Ridge Street School-North Ridge Street(Gymnasium)
Election District 430-Blind Brook High School-King Street (Main Lobby)
Election District#31-BelleFair Meeting House (Main Lobby)
On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the
resolution was adopted.
Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
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6. Setting a public hearing to consider a proposed local law amending
Chapter 250 of the Village of Rye Brook Village Code regarding
Temporary Certificate of Occupancies
Mr. Bradbury read the resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW
TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING TEMPORARY CERTIFICATE OF OCCUPANCY
WHEREAS, the Board of Trustees is considering an amendment of Chapter 250,
of the Village Code regarding temporary certificate of occupancies; and
WHEREAS, on October 27, 2009 the Board of Trustees referred said local law to
the Planning Board for report and recommendation; and
WHEREAS, on December 10, 2009 the Planning Board submitted a 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 January 26, 2010 at 7:30 p.m. at the
Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law.
Mr. Bradbury highlighted the changes proposed by the Planning Board to Chapter 250
which gives direction to the Building Inspector in regard to issuing a Temporary
Certificate of Occupancy.
Trustee Santon asked if Mr. Bradbury had a discussion with the Building Inspector
regarding this issue and Trustee Brown asked about the issue with the half baths.
Mr. Bradbury responded that he had spoken to the Building Inspector and his comments
are included and in regard to the half bath, he will get clarification from the Building
Inspector on the items in question before the next board meeting.
On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the
resolution was adopted.
Mr. Burke called the roll:
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Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
7. Requesting 2008/2009 Year End Budget Modifications
Mr. Bradbury read the resolution which closes out the 2008-2009 fiscal year just giving
the highlights as the document is very long.
RESOLUTION
REQUESTING 2008/2009 YEAR END BUDGET MODIFICATIONS
RESOLVED, that the following 2008/2009 year-end budget modifications be
hereby approved:
FROM TO AMOUNT
101.1670.495 101.1010.469 $ 3,860
(Central Items - (BOT—Misc)
Central Print/Mail)
101.1670.495 101.1230.110 $ 5,701
(Central Items - (Village Administrator—
Central Print/Mail) Village Administrator)
101.1670.495 101.1230.120 $ 3,057
(Central Items - (Village Administrator—
Central Print/Mail) Assistant to Administrator)
101.1670.495 101.1230.170 $ 2,780
(Central Items - (Village Administrator—
Central Print/Mail) Administrator's Secretary)
101.1670.495 101.1230.199 $ 1,138
(Central Items - (Village Administrator—
Central Print/Mail) Temps/Long/Vacation)
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101.1670.495 101.1325.120 $ 8,796
(Central Items - (Village Treasurer—
Central Print/Mail) Bookkeeper)
101.1620.452 101.1325.443 $ 4,049
(Village Offices - (Village Treasurer—
Contractual) Credit Card Fees)
101.1620.452 101.1325.499 $ 1,993
(Village Offices - (Village Treasurer—
Contractual) Contractual)
101.1620.210 101.1410.110 $ 910
(Village Offices - (Village Clerk—
Office Equipment) Village Admin/Clerk)
101.1620.210 101.1410.469 $ 381
(Village Offices - (Village Clerk—
Office Equipment) Misc)
101.1910.422 101.1410.120 $ 906
(Special Items - (Village Clerk—
Unallocated Insurance) Asst. to Admin/Clerk)
101.1910.422 101.1410.485 $ 870
(Special Items - (Village Clerk—
Unallocated Insurance) Vital Statistics Fees)
101.1910.422 101.1420.458 $ 11,961
(Special Items - (Village Attorney—
Unallocated Insurance) Supplemental Services)
101.1910.422 101.1640.110 $ 4,435
(Special Items - (Central Garage—
Unallocated Insurance) Garage Mechanic)
101.1910.422 101.1640.445 $ 3,089
(Special Items - (Central Garage—
Unallocated Insurance) Repair Parts)
101.1910.422 101.1640.450 $ 2,473
(Special Items - (Central Garage—
Unallocated Insurance) Garage Repair/Maint)
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101.1910.422 101.1680.110 $ 3,212
(Special Items - (MIS—MIS Coord)
Unallocated Insurance)
101.3410.160 101.3120.160 $ 5,774
(Fire Protection - (Police Dept—
Firefighter) Patrolmen)
101.3410.190 101.3120.160 $ 3,909
(Fire Protection - (Police Dept—
Holiday) Patrolmen)
101.3410.192 101.3120.160 $ 2,000
(Fire Protection - (Police Dept—
Health Insurance Buyout) Patrolmen)
101.3410.411 101.3120.160 $ 1,626
(Fire Protection - (Police Dept—
Building Maint Supplies) Patrolmen)
101.3410.425 101.3120.160 $ 3,983
(Fire Protection - (Police Dept—
Uniforms) Patrolmen)
101.3410.426 101.3120.160 $ 1,000
(Fire Protection - (Police Dept—
Turnout Gear) Patrolmen)
101.3410.441 101.3120.160 $ 2,250
(Fire Protection - (Police Dept—
Equipment Maint/Repairs) Patrolmen)
101.3410.444 101.3120.160 $ 37
(Fire Protection - (Police Dept—
Electronic Equipment) Patrolmen)
101.3410.446 101.3120.160 $ 2,463
(Fire Protection - (Police Dept—
Equipment Testing) Patrolmen)
101.3410.450 101.3120.160 $ 10,373
(Fire Protection - (Police Dept—
Utilities) Patrolmen)
101.3410.451 101.3120.160 $ 5,500
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(Fire Protection - (Police Dept—
Heating Fuel) Patrolmen)
101.3410.454 101.3120.160 $ 2,421
(Fire Protection - (Police Dept—
Training) Patrolmen)
101.3410.469 101.3120.160 $ 1,684
(Fire Protection - (Police Dept—
Misc Supplies) Patrolmen)
101.3410.470 101.3120.160 $ 1,281
(Fire Protection - (Police Dept—
EMS Supplies) Patrolmen)
101.3410.472 101.3120.160 $ 1,000
(Fire Protection - (Police Dept—
Fire Prevention) Patrolmen)
101.3410.498 101.3120.160 $ 4,159
(Fire Protection - (Police Dept—
Contractual) Patrolmen)
101.4540.460 101.3120.160 $ 536
(Ambulance Service - (Police Dept—
Volunteer Ambulance) Patrolmen)
101.5182.402 101.3620.120 $ 5,130
(Street Lighting) (Safety Inspection—
Building Inspector)
101.5182.402 101.3620.130 $ 5,148
(Street Lighting) (Safety Inspection—
Senior Office Asst)
101.5182.402 101.3620.140 $ 6,049
(Street Lighting) (Safety Inspection—
Office Assistant)
101.5182.402 101.3620.160 $ 9,678
(Street Lighting) (Safety Inspection—
Asst Building Inspector)
101.5182.402 101.3620.170 $ 8,243
(Street Lighting) (Safety Inspection—
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Junior Engineer)
101.5182.402 101.3620.189 $ 2,312
(Street Lighting) (Safety Inspection—
Overtime)
101.1980.423 101.5110.110 $ 10
(Special Items - (Highway Maint—
Consulting Fees) Dir of Operations)
101.1980.423 101.5110.150 $ 306
(Special Items - (Highway Maint—
Consulting Fees) MEO)
101.1980.423 101.5110.160 $ 1,403
(Special Items - (Highway Maint—
Consulting Fees) Laborers)
101.1980.423 101.5142.199 $ 17,368
(Special Items - (Snow Removal—
Consulting Fees) Overtime/Temp Help)
101.1980.423 101.5142.417 $ 52,303
(Special Items - (Snow Removal—
Consulting Fees) Sand/Salt/Cal Chl)
101.6772.189 101.7140.426 $ 415
(Human Services - (Recreation Dept—
Temp Help) Janitorial Services)
101.6772.199 101.7140.426 $ 464
(Human Services - (Recreation Dept—
Overtime) Janitorial Services)
101.6772.411 101.7140.426 $1,595
(Human Services - (Recreation Dept—
Supplies) Janitorial Services)
101.6772.445 101.7140.426 $ 136
(Human Services - (Recreation Dept—
Repairs) Janitorial Services)
101.6772.446 101.7140.426 $ 200
(Human Services - (Recreation Dept—
Grounds Maint) Janitorial Services)
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101.6772.450 101.7140.426 $ 179
(Human Services - (Recreation Dept—
AJP Utilities) Janitorial Services)
101.6772.454 101.7140.426 $ 1,062
(Human Services - (Recreation Dept—
Travel/Conf/DueS) Janitorial Services)
101.6772.469 101.7140.426 $ 600
(Human Services - (Recreation Dept—
Misc) Janitorial Services)
101.6772.475 101.7140.426 $ 1,250
(Human Services - (Recreation Dept—
Transportation) Janitorial Services)
101.6772.498 101.7140.426 $ 990
(Human Services - (Recreation Dept—
Nutrition) Janitorial Services)
101.6772.499 101.7140.426 $ 1,310
(Human Services - (Recreation Dept—
Contractual) Janitorial Services)
101.7150.498 101.7140.426 $ 154
(Handicapped- (Recreation Dept—
SE Consortium) Janitorial Services)
101.7180.120 101.7140.426 $ 3,000
(Teen Center- (Recreation Dept—
Program Leader) Janitorial Services)
101.9060.818 101.9950.900 $ 7,276
(Employee Benefits - (Interfund Transfer)
Dental Insurance)
101.9060.817 101.9950.900 $66,162
(Employee Benefits - (Interfund Transfer)
Health Insurance)
101.9050.554 101.9950.900 $ 2,314
(Employee Benefits - (Interfund Transfer)
Disability Insurance)
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101.9050.555 101.9950.900 $10,117
(Employee Benefits - (Interfund Transfer)
Unemployment Insurance)
101.9056.816 101.9950.900 $ 44,593
(Employee Benefits - (Interfund Transfer)
Contract Term Cost)
101.9040.800 101.9950.900 $ 29,185
(Employee Benefits - (Interfund Transfer)
Workers Comp)
101.9060.819 101.9950.900 $ 3,390
(Employee Benefits - (Interfund Transfer)
Medicare Reimbursement)
101.9710.301 101.9730.100 $ 4,000
(Serial Bond- (BAN Principal)
Interest)
101.9710.301 101.9730.101 $ 6,544
(Serial Bond— (BAN Interest)
Interest)
101.1650.497 101.3120.160 $ 2,114
(Central Items - (Police Dept—
Central Communications) Patrolmen)
101.1980.423 101.3120.160 $ 12,172
(Special Items - (Police Dept—
Consulting Fees) Patrolmen)
101.9050.560 101.3120.160 $ 2,500
(Employee Benefits - (Police Dept—
Professional Development) Patrolmen)
101.9050.815 101.3120.160 $ 2,124
(Employee Benefits - (Police Dept—
Life Insurance) Patrolmen)
101.9060.820 101.3120.160 $ 1,054
(Employee Benefits - (Police Dept—
Vision Care) Patrolmen)
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101.8120.403 101.1620.110 $ 3,549
(Sewer District) (Safety Inspection—
Village Engineer)
101.8120.403 101.3120.110 $15,662
(Sewer District) (Police Dept—
Police Chief)
101.1660.496 101.1325.120 $ 7,346
(Central Items - (Village Treasurer—
Central Supplies) Bookkeeper)
101.1660.496 101.3120.160 $ 2,725
(Central Items - (Police Dept—
Central Supplies) Patrolmen)
101.1620.210 101.3120.160 $ 16
(Village Offices - (Police Dept—
Office Equipment) Patrolmen)
101.1620.432 101.3120.160 $ 480
(Village Offices - (Police Dept—
Quality Task Force) Patrolmen)
101.1620.441 101.3120.160 $ 430
(Village Offices - (Police Dept—
Maint/Repairs) Patrolmen)
101.1620.452 101.3120.160 $ 3,755
(Village Offices - (Police Dept—
Contractual) Patrolmen)
101.1620.469 101.3120.160 $ 53
(Village Offices - (Police Dept—
Misc) Patrolmen)
101.8120.403 101.3120.120 $ 10,087
(Sewer District) (Police Dept—
Police Lieutenant)
101.8120.403 101.3120.150 $ 28,649
(Sewer District) (Police Dept—
Patrolman/Detective)
101.8120.403 101.3120.190 $ 4,300
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(Sewer District) (Police Dept—
Holiday)
101.8120.403 101.3120.499 $ 1,402
(Sewer District) (Police Dept—
Contractual)
101.8120.403 101.3120.160 $ 37,187
(Sewer District) (Police Dept—
Patrolmen)
101.7180.449 101.7140.110 $ 4,568
(Teen Center- (Recreation Dept—
Misc Supplies) Supt of Recreation)
101.1620.110 101.1930.439 $ 3,549
(Village Offices - (Special Items—
Asst to Village Admin) Judgments & Claims)
101.1910.422 101.3120.160 $ 2,133
(Special Items - (Police Dept—
Unallocated Insurance) Patrolmen)
101.5182.402 101.3120.160 $ 2,874
(Street Lighting) (Police Dept—
Patrolmen)
101.8020.199 101.3120.160 $ 1,396
(Planning Board- (Police Dept—
Part time Videotaping) Patrolmen)
101.8020.469 101.3120.160 $ 1,010
(Planning Board- (Police Dept—
Misc) Patrolmen)
101.8560.414 101.3120.160 $ 4,767
(Shade Trees - (Police Dept—
Shrubs/Trees) Patrolmen)
101.8560.458 101.3120.160 $ 1,595
(Shade Trees - (Police Dept—
Supplemental Services) Patrolmen)
101.9010.429 101.3120.160 $ 20,540
(Employee Benefits - (Police Dept—
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Police Retirement) Patrolmen)
101.1990.424 101.1995.426 $ 1,474
(Special Items - (Special Items—
Contingency) Bonding Expenses)
101.8160.471 101.3120.130 $ 6,720
(Refuse - (Police Dept—
Disposal Fees) Office Assistant)
101.8160.471 101.3620.110 $ 3,549
(Refuse - (Safety Inspection—
Disposal Fees) Village Engineer)
101.1990.424 101.1930.439 $ 7
(Special Items - (Special Items—
Contingency) Judgments & Claims)
101.1990.424 101.3510.499 $ 2
(Special Items - (Control of Dogs—
Contingency) Contractual)
101.1990.424 101.7140.110 $ 75
(Special Items - (Recreation Dept—
Contingency) Supt of Recreation)
101.1990.424 101.7140.120 $ 7,380
(Special Items - (Recreation Dept—
Contingency) Recreation Leader)
101.1990.424 101.7140.130 $ 6,788
(Special Items - (Recreation Dept—
Contingency) Senior Office Assistant)
101.1990.424 101.7140.160 $ 12,788
(Special Items - (Recreation Dept—
Contingency) Program Leaders)
101.8120.403 101.7410.469 $ 6,720
(Sewer District) (Library—Misc)
101.8160.471 101.7410.469 $ 4,577
(Refuse - (Library—Misc)
Disposal Fees)
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101.8320.400 101.7410.469 $ 17,521
(Hydrant Rental) (Library—Misc)
101.9010.429 101.7410.469 $ 4,161
(Employee Benefits - (Library—Misc)
Police Retirement)
101.9010.429 101.7140.150 $ 1,295
(Employee Benefits - (Recreation Dept—
Police Retirement) Seasonal Maint Attendants)
101.9010.429 101.7140.160 $ 1,042
(Employee Benefits - (Recreation Dept—
Police Retirement) Program Leaders)
101.9010.429 101.7140.199 $ 7,372
(Employee Benefits— (Recreation Dept—
Police Retirement) OvertimeNacation Pay)
101.9010.429 101.7140.425 $ 583
(Employee Benefits - (Recreation Dept—
Police Retirement) Uniform Allowance)
101.9010.429 101.7140.426 $ 7,466
(Employee Benefits - (Recreation Dept—
Police Retirement) Janitorial Services)
101.9010.429 101.7140.431 $ 3,677
(Employee Benefits - (Recreation Dept—
Police Retirement) Utilities)
101.9010.429 101.7140.445 $ 3,131
(Employee Benefits - (Recreation Dept—
Police Retirement) Equipment Repair&
Supplies)
101.9010.429 101.7140.469 $ 4,050
(Employee Benefits - (Recreation Dept—
Police Retirement) Misc)
101.9010.429 101.7140.470 $ 1,201
(Employee Benefits - (Recreation Dept—
Police Retirement) Day Camp & Supplies)
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101.9010.429 101.7140.472 $ 424
(Employee Benefits - (Recreation Dept—
Police Retirement) Ice Skating)
101.9010.428 101.9950.900 $14,865
(Employee Benefits - (Interfund Transfer)
State Retirement)
101.9060.817 101.9950.900 $82,660
(Employee Benefits - (Interfund Transfer)
Health Insurance)
101.9710.301 101.7140.473 $ 2,826
(Serial Bond—Interest) (Recreation Dept. —
Youth Activities)
101.9710.301 101.9950.900 $ 3,401
(Serial Bond—Interest) (Interfund Transfer)
101.9710.301 101.7140.478 $ 3,507
(Serial Bond—Interest) (Recreation Dept. —
Special Events)
101.9710.301 101.7140.140 $11,985
(Serial Bond—Interest) (Recreation Dept. —
Recreation Attendant)
On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the
resolution was adopted.
Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Next item on the agenda:
8. Requesting 2009/2010 Budget Modifications
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Mr. Bradbury read the resolution for the current year budget modifications:
RESOLUTION
BUDGET MODIFICATIONS
RESOLVED, that the following 2009-2010 budget modifications be hereby approved:
FROM TO AMOUNT
101.1990.424 101.3120.189 $ 50,000
(Special Items - (Police Dept. —
Contingency) Overtime)
101.3120.160 101.3120.189 $ 25,000
(Police Dept. - (Police Dept. —
Patrolmen) Overtime)
101.1990.424 101.5110.189 $ 15,000
(Special Items - (Highway Maint—
Contingency) Overtime)
101.3620.110 101.1980.423 $100,000
(Safety Inspection- (Special Items—
Village Engineer) Consulting Fees)
Mr. Bradbury explained that several transfers are necessary to keep a positive balance
and added that the overtime would not have been an issue if it wasn't for the homicide
investigation. As for highway, call outs including assisting with the police investigation
and problems at the pump station were the reasons for the overtime.
Trustee Santon asked how much of the police and highway overtime is related to the
homicide investigation at which Mr. Bradbury responded $67,372 and highway spent 30
hours assisting.
Mayor Feinstein added that situations arise like the homicide, car accidents, trees down,
pump station failures where it is impossible to not generate overtime.
On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the
resolution was adopted.
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Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Next item on the agenda:
9. Authorizing the submission of a NYS Home Rule Request to establish a
Hotel Occupancy Tax
Mr. Bradbury read the resolution:
RESOLUTION
AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO
ESTABLISH A HOTEL OCCUPANCY TAX
WHEREAS, the Village of Rye Brook desires to enact an occupancy tax on any
room for hire within the Village; and
WHEREAS, the rate of such tax shall not exceed three (3) percent of the per
diem rental rate for each room; and
WHEREAS, NYS Senator Suzi Oppenheimer has introduced NYS legislation to
the Senate with bill number S.1180, and NYS Assemblyman George Latimer has
introduced NYS legislation to the Assembly with bill number A.00231; and
WHEREAS, this legislation requires the passage of a Home Rule Request to the
NYS Senate and NYS Assembly by the Village of Rye Brook.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook hereby approves the submission of a Home Rule Request to the
NYS Senate and Assembly for bill numbers S.1180 and A.00231 that would not exceed a
three (3) percent daily room tax for a hotel, motel, or similar place of public
accommodation; and
BE IT FURTHER RESOLVED, that the Mayor and Administrator/Clerk is
authorized to submit the Home Rule Request and execute and deliver all necessary
documents to NYS.
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Mayor Feinstein stated that this Home Rule request is the same as the previous two years
and no village has ever been successful in obtaining a hotel occupancy tax. Our Village is
unique in that we have more hotel rooms than the City of Rye and the amount of revenue
would be staggering. She will be meeting with former Mayor Otis and Suzi Oppenheimer
to hopefully get this pushed through.
On a motion made by Trustee Santon and seconded by Trustee Brown, the resolution was
adopted.
Mr. Burke called the roll:
Trustee Michael Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul S. Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
ADMINISTRATOR'S REPORT:
The Edgewood Detention basin is moving forward. They are currently performing
chipping of the rock which seems to be working. There has yet to be a decision made in
regard to blasting but if there is, there will be a plan provided for the Village's review and
we will keep updates on the website.
Sluice gate— Charles Sells is working on designs of the project and there will be an inter-
municipal agreement with the County and with the City of Rye for maintenance and
operation. The goal is to create bid documents and be ready to move forward by late
spring.
Christmas trees are still being collected through January 15, 2010.
Sanitation calendars are available on line.
The County went out to bid for the Ridge Street project and the bid came in at 2.24
million dollars and once awarded the Village will request the County come in for a
meeting.
(1) Financial Update
Mr. Bradbury explained right now we are at 6 months of our fiscal year, and on all of our
accounts the Village is tracking consistent to the prior year; revenues received are at 88%
percent which is consistent with prior years and overall expenses are at 52%, again
consistent with prior years.
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Several areas that have declined are mortgage tax, sales tax and interest earnings; all are
much lower then expected.
Things to be mindful of is the retirement payment for the next two years will be
substantially higher.
Mayor Feinstein added that while we did budget conservatively, the revenues may not be
met especially in the mortgage tax area. We are saving in other areas such as a police
officer, the Engineer position as well as the Senior Center Coordinator. She is concerned
with the New York State retirement contributions, currently at $700,000 but next year
may be $985,000. Mayor Feinstein is concerned about how we will make that up. It will
be a topic of discussion at budget time and will be a challenge and a real concern.
Mayor Feinstein would like workshops and budget hearings on Saturdays so that more
residents can participate. The Mayor thanked Mr. Bradbury and Diane DiSanto for the
financial update and the work that went into it.
Trustee Santon echoed the Mayors comments on the retirement expense and noted the
trending on the revenue and that the second half of the year is stronger but he is still
concerned with the reduction.
DISCUSSION ITEMS:
1) Notification requirements
Trustee Rosenberg stated that several months ago when his wife was doing the
paperwork for a Tier III Home Occupation Permit application, it was enlightening to go
through the process of what is required regarding the notification requirement. The 250
feet requirement is from every side of your property and after going through it he
approached Mr. Bradbury about how the Village could make the process easier for the
residents.
Mr. Bradbury responded that the County has advised him that they are working on a
program to address this issue as well. In addition to notification of neighbors, you also
have to notify the homeowners if they are absentee owners and Trustee Rosenberg
believes it is onerous right now because our residents have to go to the town to get the
information and go through the property cards.
Mr. Bradbury believes the technology will be available soon but what we don't have in
house is the owner information which changes. Property information is available on line
through the town but not the owner information.
Mayor Feinstein believes the notification of homeowners — absent or not — is important
because they have a vested interest in their property.
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Mayor Feinstein acknowledged the Editor of Rye Patch which is a new local community
web based publication in the Town of Rye and is also part of AOL and has 30 sites in
Connecticut, New York and New Jersey.
Mayor Feinstein called for a motion to adjourn to executive session and on a motion
made by Trustee Santon and seconded by Trustee Sanders Romano, the meeting was
adjourned at 10:15 pm.
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