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HomeMy WebLinkAbout2010-04-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,APRIL 27, 2010-7:30 P.M. 7:00 P.M.– Executive Session– Personnel ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: RESOLUTIONS: (1) Considering the appeal of a tree removal permit denial at 52 Tamarack Road (2) Considering waivers to the site plan checklist and acceptance of a site plan application by Win Ridge Realty, LLC for a site plan modification and a referral to the Planning Board for report and recommendation (3) Considering the authorization of funds for the 2010 Memorial Day Ceremonies & Parade to be paid to the American Legion Memorial Day Committee (4) Considering amendments to the Public Access Guidelines (5) Considering the adoption of the Village of Rye Brook 2010 - 2011 Annual Budget (6) Considering appointments to various Boards, Committee and Commissions (7) Approving the re-appointment of the Village of Port Chester's Community Representative to the Emergency Medical Services Committee (EMSC) (8) Considering support of proposed State legislation A.10432/ 5.7238 regarding abolishing a local government (9) Setting a public hearing to consider proposed amendments to the Village Code regarding jurisdiction over affordable housing approval 1 Board of Trustees 10) Setting a public hearing to consider a proposed local law modifying the sprinkler law (11) Considering a Mutual Aid and Rapid Response Inter-Municipal Agreement with Westchester County (12) Considering an Inter-Municipal Agreement with Westchester County for sharing of the Repository for Integrated Criminalist Information (RICI System) (13) Considering a budget modification ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Nick Ward Willis, Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Board Secretary Mayor Joan L. Feinstein welcomed everyone to the April 27, 2010 Board of Trustees meeting. 2 Board of Trustees She called for the first item on the agenda RESOLUTIONS: (1) Considering the appeal of a tree removal permit denial at 52 Tamarack Road Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A THE APPEAL OF A TREE REMOVAL PERMIT DENIAL AT 52 TAMARACK ROAD WHEREAS, Maria Linstrom the owner of 52 Tamarack Road, Rye Brook applied for a Tree Removal Permit for an approximate twenty six (26) inch diameter, sixty (60) foot high White Pine at said property on December 8, 2009; and WHEREAS, The Acting Village Engineer denied a Tree Removal Permit for the twenty six (26) inch diameter, sixty (60) foot high White Pine at 52 Tamarack Road on December 11, 2009; and WHEREAS, Maria Lindstrom has appealed the decision by signing the appeal letter written by her contractor on February 12, 2010 and received by the village with her signature on March 30, 2010; and WHEREAS, under section 235-14 of the Village of Rye Brook Village Code the Village Board shall hear any appeal brought in accordance with section 235-13D within 45 days of the submission of the appeal. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby denies the tree removal appeal. Mr. Nowak, Acting Village Engineer, advised the Board that he had sent a letter to Ms. Linstrom requesting an opinion from a certified arborist and that has not been done. He added that his original assessment of the tree stands in that it is a healthy tree that just required pruning. Ms. Lindstrom, 52 Tamarack Road, addressed the Board stating that she did not feel she needed an arborist. Her children are afraid to play in the yard because the tree covers the entire back yard and drops sap and branches all the time. The reason for wanting to take it down is it is just her preference to do so. She does not want to maintain a 60 foot tree and plans on replacing it with 3 maple trees. 3 Board of Trustees Mayor Feinstein responded that as the only opinion the Board has to review is that of the Village's Certified Arborist, Mike Nowak, she will adhere to his expertise on this application. Trustee Brown added that this Village would never allow someone to remove a tree unless there is a good reason and while he understands her concerns he believes that if it was pruned properly it would look better and be easier to maintain. He added that the Village would not want to create a precedent for people just wanting to take trees down because they don't happen to like them. As there are no other comments, Mayor Feinstein called for a motion and on a motion to deny made by Trustee Brown and seconded by Trustee Rednick, 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 NO MAYOR JOAN L. FEINSTEIN VOTING AYE (Z) Considering waivers to the site plan checklist and acceptance of a site plan application by Win Ridge Realty, LLC for a site plan modification and a referral to the Planning Board for report and recommendation Mr. Bradbury read the resolution: RESOLUTION CONSIDERING WAIVERS TO THE SITE PLAN CHECKLIST AND ACCEPTANCE OF AN APPLICATION BY WIN RIDGE REALTY, LLC FOR A SITE PLAN MODIFICATION AND A REFERRAL TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Win Ridge Realty, LLC has submitted an amended site plan application to install a trash enclosure on an existing concrete pad in the parking lot; and WHEREAS, Win Ridge Realty, LLC has requested waivers of several required submissions of a full site plan application as this would be a modification of a recently approved site plan; and WHEREAS, the Building Inspector and Acting Engineer have reviewed the application and recommends acceptance of said application for review, and the granting 4 Board of Trustees of the requested waivers other than the site plan documents submitted with the application. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby accepts the application for review and grants the requested waivers of additional site plan application requirements; and be it FURTHER RESOLVED, the Board of Trustees refers the site plan application submitted by Win Ridge Realty, LLC to install a trash enclosure on an existing concrete pad to the Planning Board for report and recommendation. Mr. Peter Stahl of Win Properties addressed the board and explained that Chipotle Restaurant had this proposed garbage bin area on the plan they submitted to Win Ridge, but not on the plan submitted to the Village. The restaurant is opening Friday and they have found an alternate site for the dumpster for the time being and he requested that this process by done quickly so that they can go before the Planning Board and come back to the Board of Trustees for a decision hopefully in May. He added that the proposed dumpster site does not affect traffic,parking or drainage in the shopping center. Mayor Feinstein asked if the site plan application amendment had to be signed off by the property owner, how was Win Ridge unaware of the lack of information to the Village. Mr. Stahl responded that they did not realize it would require a site plan amendment. Mayor Feinstein stated that in her opinion, the shopping center is lovely and she commended him and Win Ridge for a job well done. However, she looks at Bowman Avenue and Ridge Street as the gateways to the community and to have a dumpster in plain site is not how she wants to welcome people to the Village. Screening or not, she believes it is still visible, it is not a small enclosure and there will also be an odor problem. She understands the concern from the tenant but she can't imagine having a dumpster right out and visibly in front of a beautiful shopping center. Trustee Rosenberg stated that he has no problem referring this to the Planning Board but in being candid, he thinks they should save their money because he can't see it happening. He agrees it is a gateway to the community and Ridge Street is elevated so it will be visible and he agrees it will smell and does not believe it is appropriate. The Board can refer it to the Planning Board but it will come back here and he would not be in favor of it. Trustee Rednick agreed and cannot see himself voting in favor of this. He adds that there will be housekeeping measures also with garbage trucks coming in and possibly neighbors dumping their garbage there as well. He too has no problem referring this to the Planning Board but cannot see himself voting for it. Mr. Stahl responded by asking everyone to keep an open mind. Different tenants have different needs and restaurants have different requirements. There are several dumpsters along Ridge and Bowman in existence and added that tenants are sensitive to when trash goes out. While he understands the concerns of the Board he also believes that most of 5 Board of Trustees those concerns have been addressed. There are a lot of variables to keep in mind and would like it referred to Planning. Trustee Marrow echoed the same sentiment as the other Board members adding that the location has a lot of concerning drawbacks and while she will keep an open mind she wanted to be honest up front. Mayor Feinstein added that while we can't tell you what the Planning Board will say, she wanted him to be aware of what this Board is feeling. On a motion made by Trustee Brown and seconded by Trustee Rednick, 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 (3) Considering the authorization of funds for the 2010 Memorial Day Ceremonies & Parade to be paid to the American Legion Memorial Day Committee Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2010 MEMORIAL DAY CEREMONIES & PARADE TO BE PAID TO THE AMERICAN LEGION MEMORIAL DAY COMMITTEE WHEREAS, the American Legion, Port Chester Post 93 will host the 2010 Memorial Day ceremonies and parade; 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 2010 ceremonies and parade. On a motion made by Trustee Rednick and seconded by Trustee Brown, the resolution was adopted. 6 Board of Trustees 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 (4) Considering amendments to the Public Access Guidelines Mr. Bradbury read the resolution: RESOLUTION CONSIDERING AMENDMENTS TO THE PUBLIC ACCESS GUIDELINES WHEREAS, The Village of Rye Brook has Public Access Guidelines to ensure the fair and equitable use of the Rye Brook Public Access; and WHEREAS, the Technology and Communications Commission has provided several proposed amendments to update the policy; and WHEREAS, it was necessary for the Public Access Guidelines to be updated to reflect our current cable broadcasting ability and advancements in technology, renewed franchise agreement with Cablevision and new franchise agreement with Verizon providing for a distinct Public Access Channel, and general clean-up and updates to reflect new policy. NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby re-adopt the Village of Rye Brook Public Access Channel Guidelines. Trustee Rosenberg stated that The Technology and Communications Commission has worked on this for a long time with the updating starting last November. They wanted to go through and make sure the guidelines were more up to date and reflected Verizon Fios and the fact that we can now accept tapes on different formats for broadcast on the public access channel. Rye Brook has two separate channels, a governmental and a public access channel which he believes many people are not aware of. Trustee Rosenberg thanked the Commission for all their hard work, especially David Burke and Fred Seifert. Trustee Brown inquired about a tape make off a camcorder and if that was an acceptable format if it was VHS. Trustee Rosenberg responded that if it was in VHS format, it would be acceptable. 7 Board of Trustees On a motion made by Trustee Rosenberg and seconded by Trustee Brown, 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 (5) Considering the adoption of the Village of Rye Brook 2010 - 2011 Annual Budget Mr. Bradbury read the resolution: RESOLUTION CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2010-2011 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 19, 2010; and WHEREAS,the Board of Trustees held two budget work sessions on April 5 and April 10, 2010; and WHEREAS,the Board of Trustees held a public hearing on April 13, 2010 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 23, 2010 the Board of Trustees adopted a resolution establishing base proportions of 73.912563% for homestead properties and 26.087437% for non- homestead properties for the purposes of the 2010-11 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,829,054,511 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$4.20 and a non-homestead tax rate of$6.59 per$1,000 of assessed valuation($4.64 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $13,113,079 tax levy based upon the most updated Assessment Roll provided by the Assessor; and NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted: 8 Board of Trustees 2010-11 2010-11 Tentative Adopted Fund/Fee Amended Budget Budget Dx enditures: 1230.120 Administration...Asst.to Admin. $38,442 $44,000 1325.477 Village Treasurer...Audit Fee $35,000 $33,000 1410.120 Village Clerk...Asst.to Admin. $9,610 $11,000 1440.110 Engineering/DPW...Acting Engineer $55,710 $70,000 1440.189 Village Engineer/DPW... Overtime $5,000 $0 1640.450 Central Garage... Garage Re air/Maint. $12,250 $11,500 1680.200 Mgt Info Svcs...Equipment $6,000 $5,000 1680.409 Mgt Info Svcs...Software $2,000 $1,000 1990.424 Contingent Account $145,000 $135,000 3620.470 Safety Inspection...Printing/Reproduction $3,000 $2,500 3620.499 Safety Inspection...Contractual $1,500 $0 5110.416 Highway Maint...Road Striping $0 $500 5110.438 Highway Maint...Equipment Rental $3,000 $2,500 6772.446 Human Services... Grounds Maintenance $2,000 $1,500 6772.498 Human Services...Nutrition $21,000 $24,500 7140.473 Recreation Department...Youth Activities $51,000 $50,000 7140.478 Recreation Department... Special Events $8,000 $15,000 7180.449 Teen Center....Misc.Supplies $5,000 $2,500 7410.469 Library... Contractual $454,048 $457,513 8560.414 Shade Trees... Shrubs/Trees $6,000 $5,000 Other Revenues: Birthday Celebration Revenue $0 $2,000 Parks and Recreation(field rental fees) $435,000 $433,550 Capital Budget: 9950.9 Capital...2010-11 Road Resurfacing $300,000 $350,000 De-authorize 9950.9 Capital Project Balance $113,200 $163,200 Fees: Home Occupation Fee(Renewal)Tier 111 $250 $300 Sketch Plan residential $250 n/a Sketch Plan non-residential $350 n/a Sketch Plan 1&2 family home(affordable housing) n/a $0 Sketch Plan 1&2 family home(non-affordable housing) n/a $150 Sketch Plan:Other n/a $300 Wireless Telecommunications facilities special permit $2,500 $3,000 Wireless Telecommunications permit renewal $250 $350 Residential Annual Rate for use of $14k for up to $13k for up to grass(non-turf)athletic fields 475 hrs, then 500 hrs, then $35/hr. $35/hr. 9 Board of Trustees $62.50/hr. 1st 2 $62.50/hr. 1st 2 Residential Hourly Rate for Use of Rye Brook Athletic hrs, then $50/hr. hrs, then $50/hr. Fields(turf)at King Street Plus 15% Plus 17% discount if over discount if over 125 hrs reserved 125 hrs reserved per season. per season. $125/hr. 1st 2 $125/hr. 1st 2 Non-Resident Hourly Rate for Use of Rye Brook hrs, then $50/hr. hrs, then $50/hr. Athletic Fields(turf)at King Street Plus 15% Plus 17% discount if over discount if over 125 hrs reserved 125 hrs reserved per season. per season. 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, 2010; 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$13,113,079 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of$2,829,054,511 for the Village of Rye Brook and applying the approved homestead base proportions to determine the tax rates, would result in a homestead tax rate of $4.20 and a non-homestead tax rate of$6.59 per thousand of assessed valuation. Trustee Rosenberg has no modifications but just wanted to take a minute and thank Mr. Bradbury and his staff for all the hard work and diligence that went into this budget. He knows it was one of the toughest budgets ever and knows how hard the staff worked at every level and appreciates the efforts in stretching every dollar. Mr. Bradbury responded by thanking the Board for all their support and direction throughout the process. Trustee Rednick also complimented the staff adding that the level of detail and background provided made it easy to hit the ground running and as a new Trustee, appreciates that. Mayor Feinstein also thanked Mr. Bradbury and staff for all their hard work and cooperation. The initial directive to staff was a 5 percent reduction on all line items except personnel. On a motion made by Trustee Brown and seconded by Trustee Marrow, the resolution was adopted. 10 Board of Trustees 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 (6) Considering appointments to various Boards, Committee and Commissions Mayor Feinstein would like to hold this over until the next board meeting. (7) Approving the re-appointment of the Village of Port Chester's Community Representative to the Emergency Medical Services Committee (EMSC) Mr. Bradbury read the resolution: RESOLUTION APPROVING THE RE-APPOINTMENT OF THE VILLAGE OF PORT CHESTER'S COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE (EMSC) WHEREAS, the inter-municipal agreement,between the Village Rye Brook, City of Rye and Village of Port Chester, for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, the Village of Port Chester has approved the nomination of David Byrnes to the Committee as their Community Representative. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby approves the re-appointment of David Byrnes as the Community Representative to the Emergency Medical Services Committee (EMSC) for the Village of Port Chester. On a motion made by Trustee Rednick and seconded by Trustee Marrow, 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 11 Board of Trustees MAYOR JOAN L. FEINSTEIN VOTING AYE (8) Considering support of proposed State legislation A.10432/ S.7238 regarding abolishing a local government Mr. Bradbury read the resolution: RESOLUTION CONSIDERING SUPPORT OF PROPOSED STATE LEGISLATION A.10432/ S.7238 REGARDING ABOLISHING A LOCAL GOVERNMENT WHEREAS, the New MY Government Reorganization and Citizen Empowerment Act (Chapter 74 of the Laws of 2009) went into effect of March 21, 2010 and provides the legal framework for consolidating towns, villages and districts, as well as dissolving villages and districts; and WHEREAS, the New York Conference of Mayors (NYCOM) has drafted legislation to address several of the procedural and technical shortcoming in the new law; and WHEREAS, the drafted legislation has been introduced in the Assembly as A.10432 and in the Senate as S.7238; and WHEREAS, this bill would provide several procedural and technical amendments to the existing law, including the following: ■ Requiring a mandatory referendum on a petition-initiated consolidation or dissolution plan; ■ Requiring the creation of a study committee, with town representation, to develop a dissolution plan; ■ Establishing a 60-day time period for the gathering of signatures to initiate a consolidation or dissolution via petition; ■ Ensuring that a referendum on a consolidation or dissolution plan be held at the same time that the local government entity normally holds its election; ■ Providing a one-year time period for development of a consolidation or dissolution plan, with the local option to increase the time limit to two years; ■ Clarifying that in a county-initiated dissolution of villages or special districts, no such entity shall be dissolved unless approved by the entity's residents. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby supports the proposed legislation (A.10432/ S.7238) in order to provide needed procedural and technical amendments to the law in order to enable communities to consider government reorganization proposals in a deliberative fashion that ensures informed citizen participation. 12 Board of Trustees Mr. Bradbury and Mayor Feinstein explained that the law that permits a petition of voters to dissolve some levels of government was flawed and requires clarification. Initially the thought behind this was to dissolve special districts as there are many across the state of New York. The main problem is that the time frame suggested is not reasonable and NYCOM has asked for municipal support in changing that to at least a year. This is really meant to get a wider public outreach and study the impacts of the plan. On a motion made by Trustee Rednick and seconded by Trustee Brown, 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 (9) Setting a public hearing to consider proposed amendments to the Village Code regarding jurisdiction over affordable housing approval Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE VILLAGE CODE REGARDING JURISDICTION OVER AFFORDABLE HOUSING APPROVAL WHEREAS, the Board of Trustees is considering amendments to Chapter 209, Section 1 of the Village Code regarding affordable housing approval. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on May 11, 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 explained that this was a process that had been requested by the Board to Counsel to allow the Village Board to retain approval authority as part of any application regarding affordable housing. Mayor Feinstein understands this may be controversial because they had given final approval authority to the Planning Board but there is the potential for ramifications to the Village and the board believes it is important to maintain jurisdiction over this. 13 Board of Trustees Trustee Rosenberg agrees and while he too values the Planning Board input, this is the type of issue that is sensitive and we would want to retain the final approval authority at this level. Mr. Nick Ward-Willis, Village Attorney, advised the Board to not take action on the resolution tonight and he will make changes and have it ready for a future board meeting. (10) Setting a public hearing to consider a proposed local law modifying the sprinkler law Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW MODIFYING THE SPRINKLER LAW WHEREAS, the Board of Trustees is considering modifications of the regarding sprinkler. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on May 11, 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 explained that our current sprinkler law exceeds certain parameters of the New York State code and any changes that exceed state code require the Village to make its case as to why they are necessary. On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, 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 (11) Considering a Mutual Aid and Rapid Response Inter-Municipal Agreement with Westchester County 14 Board of Trustees Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A MUTUAL AID AND RAPID RESPONSE INTER- MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor to sign all necessary documents to enter into the Westchester County Mutual Aid Inter-Municipal Agreement regarding mutual aid and a rapid response plan for the Police Departments of Westchester County On a motion made by Trustee Brown and seconded by Trustee Rednick, the motion 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 (12) Considering an Inter-Municipal Agreement with Westchester County for sharing of the Repository for Integrated Criminalist Information (RICI System) Mr. Bradbury read the resolution: RESOLUTION CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR SHARING OF THE REPOSITORY FOR INTEGRATED CRIMINALISTIC INFORMATION (RICI SYSTEM) WHEREAS, the Village of Rye Brook seeks to enter into an inter-municipal agreement to access and continually update the Westchester County Repository for Integrated Criminalist Information (RICI System); and WHEREAS, the RICI System is a Westchester County based central computer that allows for the two-way electronic transmission and storage of data regarding criminal records and police blotter information among the Village of Rye Brook, Westchester County, the New York State Division of Criminal Justice Services (DCJS) and other law- enforcement agencies; and 15 Board of Trustees WHEREAS, the information collected in this system will include a subject's arrest, booking, detention or incarceration including name, address, social security number, physical description, telephone number, fingerprints, palm-prints, photographs, and related data; and WHEREAS, the duration of this agreement will commence on July 1, 2010 and terminate on June 30, 2015. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an inter-municipal agreement with the County of Westchester for data sharing as described in the attached agreement; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to the County of Westchester for the purposes of entering into the subject IMA. On a motion made by Trustee Brown and seconded by Trustee Rednick, 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 (13) Considering a budget modification Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A BUDGET MODIFICATION RESOLVED, that the following 2009-2010 budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1640.445 $ 21,300 (Special Items - (Central Garage— Contingency) repair parts) 16 Board of Trustees Mr. Bradbury explained that the only loader the Village has is a 1990 John Deere and the transmission is gone and it is not currently in operation. The Village cannot be without it so the authorized vendor will open it up and determine if it can be repaired or replaced. The cost may be less but money needs to be in place just in case. Mr. Nowak explained that if maintained properly these machines have a long life span, well over 25 years, and this machine is over 20 right now and this is the original transmission. Trustee Rednick asked what a new machine would cost and Mr. Nowak responded $175,000 to $200,000. On a motion made by Trustee Brown and seconded by Trustee Rednick, 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 Mr. Bradbury discussed adding a possible resolution. The Village had received a request yesterday from a resident holding a pre prom party for seniors at Blind Brook High School at 2 Birch Lane. They are requesting to close the entire street from 4:15 to 6:30 pm on each end of Red Roof Drive which would block thru traffic. While this is the preferred route from the resident, the Police have suggested using the cul de sac which would allow the buses to drop the students off but is not located where the resident lives. Trustee Brown is not happy notification wasn't given already to the residents of Red Roof and believes they should have been notified prior to this meeting to they could have attended to discuss the issue if they wanted or had a concern. Mayor Feinstein responded that no action needed to be taken tonight and there was still time putting it on the next agenda for May 11th ADMINISTRATOR'S REPORT Mr. Bradbury stated that Moody's had announced that they have recalibrated their bond rating and the Village has gone from AA2 to AAL The Ridge Street project is moving along. There were some early concerns in regard to lane closures prior to the arranged time,but those issues have been resolved. 17 Board of Trustees The detention basin is moving along well also. The dirt/fill has all been removed and the county is now building some of the roadway as they work their way out of the site. Landscaping still needs to be done but the time frame remains the same — May 18th. He also advised that the web site would be updated as of tomorrow. Arbor Day is Friday, April 30th and the ceremony will be held at 9:00 am at Village Hall where we will plant a tree in memory of Ken Heller. Westchester County is eligible for disaster aid for the 3/13/10 nor'easter and Mr. Bradbury will be attending a meeting this week where he will get more information and pass it on to the Board. A storm water survey is up on the web site and the Village is asking residents to take the survey and the Board will get an update at next months board meeting from Mr. Nowak. Trustee Brown asked about the budget and the basin and Mr. Bradbury responded that right now, they are well under budget and to date there have only been 2 minimal change orders. As there were no further questions or comments, Mayor Feinstein asked for a motion to adjourn the meeting and on a motion from Trustee Rednick and seconded by Trustee Rosenberg the meeting was adjourned at 8:58 pm. 18 Board of Trustees