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HomeMy WebLinkAbout2009-04-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 14, 2009-7:30 P.M. AGENDA 7:00 PM– Swearing-In Ceremony ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Presentation and Public Hearing to consider the proposed 2009-2010 Tentative Budget (2) Public Hearing to consider a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding Front Yard Setbacks (3) Public Hearing to consider a proposed local law to Chapter 209 of the Village of Rye Brook Village Code regarding site plan review survey requirements (4) Public Hearing to consider a proposed local law to Chapter 209 of the Village of Rye Brook Village Code regarding site plan review waiver provisions Board of Trustees Meeting April 14, 2009 Page 1 RESOLUTIONS: (1) Considering a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding Front Yard Setbacks (2) Considering a proposed local law to Chapter 209 of the Village of Rye Brook Village Code regarding site plan review survey requirement (3) Setting a Public Hearing to consider a proposed amendment to Chapter 209 of the Village of Rye Brook Village Code regarding site plan review waiver provisions (4)Awarding Contract 09-01: Residential Sanitation Collection Services (5) Considering annual organizational meeting resolutions (6) Considering the appointments to various Boards, Committees and Commissions (7) Considering an amendment to modify a July 24, 2007 resolution approving a site plan submitted by K&M Realty Group, LTD for development of ten (10) residential units on Bowman Avenue West of South Ridge Street, Rye Brook, Lots 1-1 and 1-1.1, Block 26, Section 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 THE NEXT REGULAR TRUSTEES MEETINGS: April 28 and May 12, 2009 Board of Trustees Meeting April 14, 2009 Page 2 BOARD Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul 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 Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Diane DiSanto, Village Treasurer Cathy Spinosa, Deputy Treasurer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Feinstein welcomed everyone to the Regular Meeting of the Board of Trustees. She noted that prior to the meeting the Village held a Swearing in Ceremony for Trustees Paul S. Rosenberg and Michael S. Brown. The Honorable Anthony Provenzano officiated. Included in the attendees were the Rosenberg and Brown families, and County Legislator George Latimer. Mayor Feinstein asked for the indulgence of the members of the community who came for the presentation on the Budget. She explained that that Board needed to go into a brief Executive Session to handle some urgent matters on personnel and litigation. She noted that she would limit the session to no more than 15 to 20 minutes. On a motion made by Trustee Dean P. Santon, and seconded by Trustee Patricia Sanders Romano, the Board went into an Executive Session at 7:40 p.m. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 14, 2009 Page 3 Upon the Board's return, Mayor Feinstein called for the first matter on the agenda: PRESENTATION: Mr. Christopher J. Bradbury, Village Administrator, gave a presentation on the Tentative Budget. He noted that in November/December of 2008, much earlier than usual, each department head was asked to start looking at ways to cut their budget. They were asked to do more with less. The Budget before the Board at this time is the Tentative Budget for 2009-2010. It runs from June 1, 2009 through May 31, 2010. It was a very difficult budget to put together because of the state of the economy. The idea was to keep the taxes as low as possible. The Village Board has held three work sessions to review the budget. Mr. Bradbury noted that this is a very tight budget. The presentation consisted of a PowerPoint Presentation and a 65 page report. The presentation gave a clear picture to the residents of where the taxpayer's money goes. Mr. Bradbury noted that some services have been reduced. The good news is that the Village's debt load is low. Village staff is very mindful of the number of residents with unstable employment situations and a concerted effort was made to keep taxes as low as possible while still delivering essential and quality programs. Mr. Bradbury thanked everyone for their input to the current budget. Mayor Feinstein called for the first Public Hearing on the agenda: PUBLIC HEARINGS: (1) PRESENTATION AND PUBLIC HEARING TO CONSIDER THE PROPOSED 2009-2010 TENTATIVE BUDGET The public hearing was declared open and Mayor Feinstein opened up the discussion to the members of the public. Mr. Marks of 18 Mohegan Lane addressed the Board. He commended the Village and staff for making the hard decisions. He noted that the one area that seems to stick out is the rear yard garbage pick up. This area could produce a potential savings for the Village. The garbage should be pulled Board of Trustees Meeting April 14, 2009 Page 4 to curbside so that Rye Brook can realize a savings. The option to maintain rear-yard pick up can be offered. Mayor Feinstein agreed with Mr. Marks. She noted that it is not easy to reduce levels of service in a community. These are unparalleled times. The Village must look at alternatives. The one thing that has been interesting about this issue is that so many people do not realize that there is rear-yard pick. Many residents take their garbage to the street. In these difficult economic times the Village must look for savings and this is a very good way to save money. Trustee Patricia Sanders Romano noted that there are people who cannot bring their garbage up to the curb. There are disabled residents and senior citizens that need help. Mayor Feinstein noted that there is community service in the schools and perhaps the students can come out to help. Mr. Victor Carosi, Village Engineer, noted that 60% of the residents utilize rear-yard pickup. CPR does not keep a database on the number of people who maintain rear-yard or curb side garbage pick up and so the 60% is an estimate. It was noted that certain neighborhoods bring their trash to the curb, while others utilize the rear-yard pickup. Trustee Brown noted that there has been a lot of feedback from the community. Many residents did not know that there is a rear-yard garbage pickup. This is a service and rear-yard pickup is an extra service. Trustee Paul S. Rosenberg noted that snow plowing, leaf collection, and garbage pick up are three main items. The Village provides these services. The proposed program is very good and an economical service. In the grand scheme of things this change comes down to $11.00 per household. He felt that garbage pails outside at the curb would affect the quality of life. There is the issue of windblown garbage that needs to be considered. Trustee Dean P. Santon noted that the Board discussed reaching out to CPR to discuss this change in service. He noted that he did his own sampling. He covered approximately 45 streets from the King Street corridor, traveling through the Byram Ridge area, and over to County Ridge. His sampling included 953 houses. He found that 700 residents use rear-yard pick up. His research came up with the percentages of 73.45% using rear- yard pickup and 26.5% using curb-side pickup. Board of Trustees Meeting April 14, 2009 Page 5 In the Country Ridge Drive area there were 56 of 290 residents using curbside pickup. Trustee Santon noted that anything that is not curbside is considered rear yard pick-up. From the Red Roof area 28 of the 38 homes were utilized curbside pick-up. Only one person on Beechwood is using curb-side while Betsy Brown had 13 of the 50 homes using curbside. On Mark Drive there were 6 residents out of 14 that were using curb-side pick- up. Mayor Feinstein noted that this is still a financial issue. There is an impact no matter what the percentage of use is. Trustee Santon noted that there is a potential savings by making this change. There is already a savings of $96,000.00 being passed on to the residents. Making the change curbside would result in an additional $43,290.00 savings. However, he felt that before the Board takes away something that is very important to people the Village Board should review other areas for cuts. Mr. Ken Berman of Mohegan Lane addressed the Board. He noted that people are using rear-yard and curbside. However, recycling is always brought to the curb as it large waste. A savings of $11.00 per house is a significant savings for the Village. He felt that this change should be made. Richard Buzin, former Trustee and member of the School Board, congratulated the Board on a very good budget. He raised several issues concerning the collection issue. Recycling is a piece of collection. The people in this community get used to what needs to be done. People bring their recycling bin to the curb and the garbage pail is really not different. All the residents need to do is bring the garbage to the end of the driveway. Many people have newspapers delivered to their homes. They could easily bring the garbage to the end of the driveway when they are picking up their newspapers. This will help the community and will save money. Trustee Sanders Romano asked if the Village had to commit one way or another for the upcoming three years. The garbage pick up was put out to bid a certain way and that cannot be changed. Trustee Santon noted that the budget is full of choices. The Village is earmarking $474,000.00 for the Library. There is a recreation budget. There are programs included that lose money. There are a lot of choices to be made when it comes to the budget. Where do we make the cut and why? Board of Trustees Meeting April 14, 2009 Page 6 Mayor Feinstein noted that everyone has a different opinion. She called upon members of the public wishing to address the budget. Trustee Santon noted that Mr. Bradbury did a great job on the Budget. He pointed out that the Village is proposing spending money to rebuild tennis courts. This is a good time to engage in capital projects because now you get a better price, but not everyone makes use of the tennis courts. The Board has held workshops and spent hours going through the budget. He noted that the presentation that Mr. Bradbury made earlier was very helpful in understanding where the money comes from, and where it goes. Mayor Feinstein noted that if programming in the Library will be cut and this is a tough call. In this economy people go to places that do not cost them. There is no right or wrong answer regarding cuts in the budget. The question is how much change do these cuts bring to the every day life of the residents? Trustee Rosenberg noted that the publishing of notices costs the Village approximately $4,500.00 year. Mr. Bradbury responded that he has already discussed this with the Abels of the Westmore News and an agreement has been reached. Mayor Feinstein thanked everyone for the comments and input. She noted that additional information is available on the Village's website. On a motion made by Trustee Dean Santon, and seconded by Trustee Patricia Sanders Romano, the public hearing was closed. Mr. David Burke, Assistant to the Village's Administrator, called the roll. Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the next public hearing on the agenda: Board of Trustees Meeting April 14, 2009 Page 7 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING FRONT YARD SETBACKS On a motion made by Trustee Santon, and seconded by Trustee Brown, the public hearing was declared open. This local law deals with the issue of creeping front yards. The objective is to not have homes, whether it is via tear-downs or additions, come closer to the curb then what currently exists. Trustee Santon pointed out that the Village's Planning Consultant was not in attendance to report on the review of this matter. He stated that he was not sure that a home could be moved closer to the street then the house is currently because of other ordinances that are currently in place. Mayor Feinstein noted that with the amendments to this local law a house cannot be moved any closer to the street than what currently exists. Trustee Rosenberg noted that the Village has been attempting to make things easier for the residents. There is a need to watch the front yard creep in certain districts, but he felt that this would just add another layer of complexity and costs for the residents. Trustee Santon noted that this matter was being reviewed by the Planning Board and he hoped that they would give additional insight into this. He felt that perhaps the benefits were being missed. Trustee Sanders Romano, liaison to the Planning Board, will address this matter with the Planning Board. Mayor Feinstein asked that this matter be adjourned to the May 12th meeting of the Board of Trustees. On a motion made by Trustee Santon, and seconded by Trustee Brown, the public hearing was adjourned. Mayor Feinstein called for the third public hearing on the agenda: Board of Trustees Meeting April 14, 2009 Page 8 3. PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW SURVEY REQUIREMENTS On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was declared open. Mr. Bradbury noted that this amendment allows for Building Department to be able to request additional information. There must be a survey map. Trustee Rosenberg noted that this portion of the local law deals with applications that require a site plan review. Mayor Feinstein called for comments from members of the public. There were no comments or questions from the public. Mayor Feinstein called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was closed. The roll was called by Mr. Burke: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein, with the consensus of the Board, called for the resolution on public hearing #2: 2) SETTING A PUBIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW SURVEY REQUIREMENTS Board of Trustees Meeting April 14, 2009 Page 9 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW SURVEY REQUIREMENTS WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 209 of the Village Code concerning survey requirements. WHEREAS, on April 14, 2009 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on April 14, 2009. NOW, THEREFORE BE IT RESOLVED, that the amendments to Chapter 209 of the Code of the Village of Rye Brook regarding Survey Requirements are hereby adopted. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 14, 2009 Page 10 4. PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW WAIVER PROVISIONS On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was declared open. Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that a local law has been prepared and reviewed by the Board of Trustees. Mayor Feinstein called for comments or questions. There being none, she called for a motion to close the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the public hearing was closed. Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: 3) CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW WAIVER PROVISIONS Board of Trustees Meeting April 14, 2009 Page 11 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW WAIVER REQUIREMENTS WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 209 of the Village Code concerning site plan review waiver requirements. WHEREAS, on April 14, 2009 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on April 14, 2009. NOW, THEREFORE BE IT RESOLVED, that the amendments to Chapter 209 of the Code of the Village of Rye Brook regarding site plan review waiver requirements are hereby adopted. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 14, 2009 Page 12 Mayor Feinstein called for a five-minute recess. Upon the Board's return, Mayor Feinstein called for resolution #4. 4) AWARDING CONTRACT 09-01: RESIDENTIAL SANITATION COLLECTION SERVICES Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT#09-01 Residential Sanitation Collection Services WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-01 "RESIDENTIAL SANITATION COLLECTION SERVICES"; and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on January 4, 7, 11, and 15' 2009; and WHEREAS, three bids were received by the due date of Wednesday, January 28, 2009 at 10:00 a.m., at which time all received bids were opened as summarized below; and Bidder Bid Alternative 1A 1B 2B 2B Bid Bond 1. AAA Carting and Rubbish Removal, Inc $1,637,220 $1,568,970 $2,501,850 $2,392,650 Yes 2. C.R.P. Sanitation, Inc. $1,668,660 $ 1,584,000 $2,540,760 $2,418,000 No 3. Suburban Carting Corp $2,025,407 $ 1,995,319 $3,060,652 $3,012,819 Yes NOTE: Alternative IA is a two-year contract with rear yard collection Alternative IB is a two-year contract curb-side collection Alternative 2A is a three-year contract with rear-yard collection Alternative 2B is a three-year contract curb-side collection WHEREAS, upon reviewing the bids, the Village Administrator and Engineer have determined that it is in the best interest of the Village to choose Alternative 2A, a three-year contract, rear-yard collection and that lowest responsible bidder meeting the requirements of the contract is AAA Carting and Rubbish Removal, Inc. for the three-year total bid price of $2,501,850. Board of Trustees Meeting April 14, 2009 Page 13 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees awards Contract#09-01 "RESIDENTIAL SANITATION COLLECTION SERVICES" AAA Carting and Rubbish Removal, Inc. for the three-year total bid price of $2,501,850 subject to the following condition: 1. That the Westchester County Solid Waste Commission approves the request by the Village to enter into a three-year contractual agreement for solid waste collection services; and be it FURTHER RESOLVED, that, should the Westchester County Solid Waste Commission deny the submitted request, that the Village of Rye Brook Board of Trustees awards Contract #09-01 to AAA Carting and Rubbish Removal, Inc. Alternative IA, a two-year contract, rear-yard collection for the total bid price of$1,637,220; and be it FURTHER RESOLED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury reviewed the matter for the Board. This is the bid for garbage collection services — with options for curbside and rear-yard pick ups. Three bids were received. There was extensive research done. Collection procedures were reviewed with some of the employees. At the completion of the review the bid was given to the most responsible bidder. Mayor Feinstein noted that the Village was very happy with their current provider. However, AAA Carting & Rubbish Removal placed a lower bid that was accepted. The Board chose to accept the three year contract versus the two year contract. There is a significant cost savings involved. Mr. Bradbury noted that the contractor is making an investment too. Now that the contract is in place, changing or cutting the days of collection could result in an increase of fees. There is definitely a savings by going with this new vendor, which has no reflection on the prior vendor's services. Trustee Romano noted that AAA does offer rear-yard pick up. She felt that if the change were to be made that neighbors can help neighbors with Board of Trustees Meeting April 14, 2009 Page 14 taking their garbage to the curb. She also noted that the idea of community service for the schools is an excellent idea. Mayor Feinstein stated that although this was not the public hearing, she would call upon members of the public wishing to address this matter. One resident expressed a concern about the company that was chosen. They are a commercial company. She questioned what would happen if they do not do the kind of job that Rye Brook is used to. She also questioned what type of background checks were done on the employees. Mayor Feinstein responded that AAA is a new vendor, but they will get to know the residents, and the streets in the Village. There will be a transition period. It will be during this transition period that the Village will find out where the problems are, and they will be corrected. There will be constant monitoring and, as with any company, AAA has a responsibility for every employee that they hire. Mr. Bradbury noted that there are high expectations for this new vendor. Mr. Bradbury noted that when bids come back, reference checks are made. The Village must take the lowest responsible bidder. This contractor has submitted everything that they needed to meet the Village's criteria. Edward Beane, Esq., reiterated that the applicant has met every point in the application process. Trustee Rosenberg noted that this three year contract will be awarded. He noted that the Village expects that AAA will go above and beyond the call of duty. They have some of the people from Suburban. When they begin they will say hello and introduce themselves to the residents ...and they will not toss the cans. The hope is to minimize any problems with the change over. Trustee Santon noted that the Village is comfortable with CPR and no one likes change. However, there is a substantial cost savings to the Village that needed to be considered. No one denies that there will be a learning curve. Everyone is hoping for a seamless transition and AAA has promised to do their best to accomplish this. Board of Trustees Meeting April 14, 2009 Page 15 Trustee Rosenberg noted that this is a decision that is not taken lightly. He felt that the rear-yard is a level of service that the Village has been providing and it should be continued. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Nay Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Nay Several employees of AAA thanked Rye Brook for the opportunity to work with its residents. 5) CONSIDERING ANNUAL ORGANIZATIONAL MEETING RESOLUTIONS Mr. Bradbury noted that there was a series of resolutions. He reviewed each for the Board and members of the public. CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS RESOLUTION DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Paul S. Rosenberg of 43 County Ridge Drive is hereby declared elected to the office of Trustee of the Village of Rye Brook for a three-year term of office; and be it FURTHER RESOLVED, that Michael S. Brown of 5 Mohegan Lane is hereby declared elected to the office of Trustee of the Village of Rye Brook for a three-year term of office; and be it Board of Trustees Meeting April 14, 2009 Page 16 FURTHER RESOLVED, that said terms of offices are effective at noon on the 1st Monday of April 2009. RESOLUTION RETAINING VILLAGE ATTORNEY RESOLVED, that the law firm of Keane and Beane, PC (Edward F. Beane, Esq.) of 445 Hamilton Avenue, White Plains, New York 10601 is hereby retained as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the terms in the retainer agreement dated April 17, 2008. RESOLUTION APPOINTMENT OF LABOR COUNSEL RESOLVED, that the law firm of Littler, Mendelson, P.C. (Craig R. Benson, Esq.) of 885 Third Avenue, New York, NY 10022 is hereby retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF TAX CERTIORARI COUNSEL RESOLVED, that the law firm of Oxman, Geiger, Natale & Tulis, P.C. (Mark S. Tulis, Esq.) is hereby retained as special Tax Certiorari Counsel for the Village of Rye Brook for the next ensuing fiscal year subject to the rates established in the retainer letter dated March 26, 2008. Board of Trustees Meeting April 14, 2009 Page 17 RESOLUTION APPOINTMENT OF SPECIAL WATER COUNSEL RESOLVED, that Joel R. Dichter of Dichter Law, LLC of 10 Rockefeller Plaza, NY, NY is hereby retained as Special Water counsel for the Village of Rye Brook for the next ensuing official year in accordance with the letter dated April 8, 2009. RESOLUTION APPOINTMENT OF VILLAGE RISK MANAGER RESOLVED, that JPR Risk Management, Ltd. (Joseph P. Ricci) is hereby appointed as Risk Manager for the Village of Rye Brook for the next ensuing official year in accordance with the terms of the Risk Management Proposal dated March 24, 2009. RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED, that Dolph Rotfeld Engineering, P.C. (Dolph Rotfeld, PE) is hereby retained as Engineering Consultant for the Village of Rye Brook for the ensuing official year in accordance with the terms of the letter outlining Engineering Services dated April 14, 2009. Board of Trustees Meeting April 14, 2009 Page 18 RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED, that Frederick P. Clark Associates, Inc. (David Stolman) is hereby retained as Village Planning Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms and rate schedule in the letter dated April 7, 2009. RESOLUTION APPOINTMENT OF SPECIAL ENGINEERING CONSULTANT RESOLVED, that Henningson, Durham & Richardson Architecture and Engineering, P.C. (Mike Musso, PE) is hereby appointed as Special Engineering Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms set forth in the Multiple Project Agreement for Professional Services, 2009 Master Agreement dated March 16, 2009. RESOLUTION APPOINTMENT OF BOND COUNSEL RESOLVED, that the law firm of Fulbright & Jaworski, Up (Randy Mayer, Esq.) is hereby retained as Village Bond Counsel fort he next ensuing official year, in accordance with the letter dated April 4, 2008 and the fee schedule dated January 1, 2007. RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. Board of Trustees Meeting April 14, 2009 Page 19 RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Clerk for the Village of Rye Brook for a two-year term. RESOLUTION APPOINTMENT OF VILLAGE CLAIMS AUDITOR RESOLVED, that Judith Belkin of 38 Rock Ridge Drive, Rye Brook, New York is hereby appointed as intermediate Account Clerk/Village Claims Auditor for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF VILLAGE TREASURER RESOLVED, that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York is hereby appointed as Village Treasurer for the Village of Rye Brook for a two-year term. Board of Trustees Meeting April 14, 2009 Page 20 RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 14 Crest Drive, Yorktown is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Nick Mecca, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED, that Hope Vespia, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year. RESOLUTION RESOLUTION OF RECORDS MANAGEMENT OFFICER RESOLVED, that Christopher J. Bradbury of 3355 Poplar Street, Yorktown, New York is hereby appointed Records Management Officer for the Village of Rye Brook for the next ensuing fiscal year. Board of Trustees Meeting April 14, 2009 Page 21 RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second (2nd) and fourth (4th) Tuesday of each and every month are hereby designated as the Meeting nights of the Village of Rye Brook Board of Trustees pursuant to the adopted Rules of Procedure of the Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED, the Mayor, the Village Administrator, Village Treasurer, and Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Village Administrator, Village Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BAN'S) and other obligations of the Village; and be it FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone or online with voice or data transmission by any one of the following named signatories followed by written confirmation to the banks in accordance with the Village's Investment Policy, such banks include: TD, Bank NA; 7PMorgan Chase; Hudson Valley; Signature Bank; HSBC Bank; USA, NA and Webster Bank. Board of Trustees Meeting April 14, 2009 Page 22 RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that TD, Bank NA; JPMorgan Chase; Hudson Valley; Signature Bank; HSBC Bank; USA NA and Webster Bank are hereby designated as depositories for the Village of Rye Brook. RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPER WHEREAS, the Village must publish legal notices in any newspaper designated as the official newspaper for the municipality; and WHEREAS, the Westmore News is widely circulated and available to its residents in the Village of Rye Brook; and WHEREAS, the Village Clerk is encouraged to publish notices in multiple newspapers covering the village. NOW THEREFORE BE IT RESOLVED, that the Westmore News is hereby designated as the official Newspaper of the Village of Rye Brook for the ensuing official year. RESOLUTION FRIENDS OF RYE BROOK, INC. RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. Board of Trustees Meeting April 14, 2009 Page 23 RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the Rules of Procedure of the Board of Trustees as amended on April 11, 2006 are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April 2009. The Board discussed the fees for Frederick P. Clark & Associates Mayor Feinstein noted that there was a separate rate for F.P. Clark when it comes to billing an applicant or the Village. The Village felt that there should be a blended rate. The goal is to lower the cost for the taxpayers and not increase the cost for applicants. Trustee Santon felt that spending more taxpayer's money so that we can save money for the applicants was inappropriate. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolutions were approved. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 14, 2009 Page 24 6) CONSIDERING THE APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Mr. Bradbury read the following resolutions: RESOLUTION CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Kevin O'Neil of 9 Park Ridge Court is hereby appointed for a term that shall expire on the first Monday in April 2011; and be it FURTHER RESOLVED, that Richard Gutner of 21 Mohegan Lane is hereby reappointed for a term that shall expire on the first Monday in April 2011; and be it FURTHER RESOLVED, that Jeffrey Kornblum of 24 Legendary Circle is hereby reappointed for a term that shall expire on the first Monday in April 2011; and be it FURTHER RESOLVED, that Glen Brettschneider of 53 Winding Wood Road is hereby reappointed for a term that shall expire on the first Monday in April 2011; and be it FURTHER RESOLVED, that Marc Zimmerman of 32 Country Ridge Circle is hereby appointed Chairperson. APPOINTMENTS TO THE AIRPORT ADVISORY COUNCIL RESOLVED, that Marcia Teschner of 6 Doral Greens Drive East is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it Board of Trustees Meeting April 14, 2009 Page 25 FURTHER RESOLVED, that Robert Larick of 18 Bayberry Lane is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Alessandra Moskowitz of 10 Bell Place is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that James Striar of 6 Millennium Place is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Michael Lulkin of 36 Meadowlark Road is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Marcia Teschner is hereby reappointed Chairperson. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD RESOLVED, that Mitchell Levy of 14 Churchill Drive is hereby reappointed Chairperson APPOINTMENTS TO THE ETHICS BOARD RESOLVED, that Michael Stolzar of 19 Rockinghorse Trail is hereby reappointed to for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Barbara Bernstein of 5 Mark Drive is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Robert Lewis of 16 Eagles Bluff is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it Board of Trustees Meeting April 14, 2009 Page 26 FURTHER RESOLVED, that Peter G. Reichman of 15 Mark Drive is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Carol Goodman of 6 Legendary Circle is hereby reappointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED that Carol Goodman is hereby reappointed Chairperson APPOINTMENTS TO THE PLANNING BOARD RESOLVED, that Amy Schoen of 73 Country Ridge Drive is hereby reappointed for a term that shall expire on the first Monday in April 2014; and be it RESOLVED, that Robert I. Goodman of 6 Legendary Circle is hereby appointed to the unexpired term of Michele Fredman for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Gary Zuckerman is hereby reappointed Chairperson APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE RESOLVED, that the following individuals are hereby reappointed to the Records Management Committee for a term which expires on the first Monday in April, 2010: Joan L. Feinstein, Mayor Christopher J. Bradbury, Administrator Diane DiSanto, Treasurer Jean Gesoff, Senior Citizen Coordinator Greg Austin Board of Trustees Meeting April 14, 2009 Page 27 APPOINTMENTS TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION RESOLVED, that Rachel Chason of 57 Winding Wood Road South is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Frank Pugliese of 6 Wilton Road is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Mickey Marks of 18 Mohegan Lane is hereby appointed for a term that will expire on the first Monday in April, 2012; and be it FURTHER RESOLVED, that Mark Klapper is hereby reappointed Chairperson APPOINTMENTS TO THE TRAFFIC COMMISSION RESOLVED, that Ed Lombardi of 16 Mohegan Lane is hereby appointed for a term that will expire on the first Monday in April, 2012; and be it FURTHER RESOLVED, that Tina Blank of 82 Greenway Close is hereby appointed Chairperson. APPOINTMENTS TO THE ZONING BOARD OF APPEALS RESOLVED, that Michele Fredman of 11 Eagles Bluff is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it Board of Trustees Meeting April 14, 2009 Page 28 RESOLVED, that Steve Berger of 3 Castle View Court is hereby reappointed for a term that shall expire on the first Monday in April 2012; and be it FURTHER RESOLVED, that Don Moscato is hereby appointed Chairperson. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolutions were adopted. Trustee Rosenberg thanked the outgoing chairs for their years of service. Trustee Santon noted that in addition to the changes in the Chairs there have been a few boards where individuals have stepped down, and some of these individuals were long time servers. He thanked all Board and Commission members for serving the Village in this capacity. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING AN AMENDMENT TO MODIFY A JULY 24, 2007 RESOLUTION APPROVING A SITE PLAN SUBMITTED BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF TEN (10) RESIDENTIAL UNITS ON BOWMAN AVENUE WEST OF SOUTH RIDGE STREET, RYE BROOK, LOTS 1-1 AND 1-1.1, BLOCK 26, SECTION 141 Mr. Bradbury read the following resolution: Board of Trustees Meeting April 14, 2009 Page 29 WHEREAS, on July 24, 2007 the Board of Trustees approved a site plan submitted by K&M Realty Group, Ltd. (the "Applicant") for Site Plan Approval to construct ten (10) residential units on a parcel of real property; and WHEREAS, as a condition of that approval, the Applicant was to submit a 100% performance bond (the "Performance Bond Condition") to the Village prior to the issuance of any building permits, to guarantee satisfactory and complete installation and construction of all infrastructure and public improvements ; and WHEREAS, at the request of the Applicant, the Board of Trustees has agreed to modify the Performance Bond Condition in accordance with the amounts set forth as follows: Bowman Avenue Development Village of Rye Brook Cost Estimate. Engineers Estimate Silt fence and Erosion Control $ 8,600.00 Rip-Rap Slope Stabilization $ 37,200.00 Install Sewer Main $ 30,400.00 Install Storm Sewer System $ 87,300.00 Grading Clearing and Grubbing $ 26,600.00 Water Main and Service $195,500.00 Utilities excavation to buildings. $ 13,600.00 Install Curbing and sidewalk $ 28,000.00 Paving-Roadways and Parking $ 65,500.00 Prepare Village Park $ 26,600.00 1 A separate bond will be entered into between the Water Company and the Contractor. Therefore, a cash bond from the Applicant is not necessary for this item. Board of Trustees Meeting April 14, 2009 Page 30 *Sub Total $519,300.00 5%Contingency $ 25, 965.00 - $195,500.00 (see footnote 1) TOTAL $ 349,765.00 NOW, THEREFORE BE IT RESOLVED,that it is expressly conditioned upon the applicant paying all the real estate taxes then due on lots 1-1 and 1-1.1, Block 26, Section 141, the entire property covered by the site plan; if this express condition is not satisfied on or before May 15, 2009 this resolution shall be null in void and of no further effect; and BE IT FURTHER RESOLVED, the Village of Rye Brook Board of Trustees hereby modifies the Performance Bond Condition as set forth in the July 24, 2007 site plan approval resolution to the amounts set forth in this resolution and removes the condition requiring posting of the Performance Bond in exchange for a cash deposit to the Village funds for each task listed above; and BE IT FURTHER RESOLVED, that the Applicant must submit a 5% contingency deposit of$25,965.00 prior to the issuance of any building permits which the Village will hold in escrow until the completion of all the site improvements listed in this resolution; and BE IT FURTHER RESOLVED, that the Applicant must make cash deposits to the Village for the required amounts listed in each line item above prior to commencing the work for each line item of the project as set forth above and incorporated herein. The work must be completed to the satisfaction of the Village Engineer and Village Building Inspector before any cash deposit may be released to the Applicant; and BE IT FURTHER RESOLVED, that effect of the resolution is conditioned on paying all outstanding property taxes on lots 1-1 and 1-1.1, Block 26, Section 141 by May 15, 2009, and that no permits will be issued unless such taxes are paid in full. Mr. Beane noted that as part of the site plan approval for this project a performance bond was to be put in place. The applicant has come before the Board to request that part of the resolution be modified. During the Board of Trustees Meeting April 14, 2009 Page 31 review of this request it was discovered that there are real estate taxes that have not been paid on this parcel since 2005. This creates a problem. The applicant informed the Village that his financing institution has informed him that the resolution must be modified in order for them to advance him the funds to pay the back taxes. Mr. Beane noted that the Board needs protection and he felt that making the resolution expressly conditioned on all taxes being paid would offer that protection. Therefore, Mr. Beane suggested that a clause be added to the resolution stating that when the taxes are paid this resolution becomes viable. Mayor Feinstein noted that this discussion has been going on for four or five months. She felt that the taxes needed to be paid in full before the Board could vote on the resolution. Trustee Santon noted that the portion that the taxes are up-to-date is the peninsula, however, there is approximately $42,000.00 due on the strip portion of the property. It was also noted that County taxes become due in two (2) weeks. Kip Konnigsberg, the applicant, addressed the Board. He noted that this matter has been reviewed and the performance bond is not available. The bank will advance the funds to pay the taxes prior to closing on the loan, however the bank is looking for some assurance from this board. They want to be sure that they are not shoveling out money for a project that cannot move forward. If the Board approves the resolution the Village will not issue a permit to begin construction until the taxes are paid. Mr. Beane noted that the Board could make the resolution totally conditioned on all taxes paid. The condition could state that no permits will be issued until all taxes are paid. Mr. Bradbury noted that there has been work done on the property, and there have bee some deliveries. The permit should be issued for the work that has been done to date. Mr. Konnigsberg noted that there was permission to take delivery of the rock by the Building Department. No work has been done on the site. Mr. Bradbury noted that the rock that was delivered is extremely hard to get and that is why the applicant was given permission to accept delivery. Mr. Carosi, Village Engineer, noted that no permits have been issued for any work, and no work has been done on the site. A courtesy to the applicant was extended and the rocks were delivered. However, no equipment is to be stored on the site and the Building Department has Board of Trustees Meeting April 14, 2009 Page 32 learned that the applicant does have equipment on the property. After a discussion with the applicant, the applicant agreed to remove the equipment from the property. Mr. Carosi discussed the bonding that is necessary before moving ahead and commencing the work with United Water. In addition, there are guidelines from the Health Department that must be followed. Jokenn is the company that the applicant has retained to run the water main from Bowman Avenue to the parcel. Mr. Konnigsberg stated that no one could have ever expected what was going to happen to the economy in 2007 when approvals for this project were put in place. The bank is willing to pay the back taxes and just wants the assurance from the Village Board that the project will move forward. Trustee Rosenberg stated that everyone wants this project to move forward, however, he felt that what the applicant was asking the Board to do was to make a special exception for him. He noted that he had a lot of concerns about the risks involved, and he stressed that the applicant was asking the Village to take on a risk that should not take on. If for some reason this project is not completed, the Village will be holding the bag for this project. Mr. Konnigsberg noted that the sequencing has been agreed to. The concept is to do one thing at a time and not leave the Village with the problem of stepping in and expending money to make repairs. All of the work will be done on site. At the end of each phase the Village must come in and approve that portion of the work. The first step will be to stabilize the banks. This project was started in 1993 and a lot of money has been put into this venture. Mr. Konnigsberg noted that one commitment was pulled by a bank but another bank is ready to fund this project. Mr. Beane asked for a letter from the bank. Mr. Konnigsberg stated that he was afraid to push the bank because they could just walk away. Trustee Santon agreed, noting that making things difficult could mean that the taxes do not get paid, and the project does not move forward. He stated that he was comfortable with a conditional resolution. Mayor Feinstein asked that a cut off date be added to the resolution. If the taxes are not paid by that date, then the resolution becomes null and void. Mr. Konnigsberg stated that he was comfortable with this suggestion since Board of Trustees Meeting April 14, 2009 Page 33 the bank will approve the funds to pay the taxes as soon as he presents the resolution to them. Mr. Konnigsberg asked that the Village confirm that they want the park. Mayor Feinstein stated that the Village definitely wants the park. Mayor Feinstein asked that the roll be called on the resolution, as amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Edgewood Basin project would be on the Board's agenda for April 20, 2009. Information on this project is available on the Village's website. Mr. Bradbury announced that the Village Engineer, Mr. Victor Carosi, has accepted a position in Greenburg. He will be missed. The Little League Parade is scheduled for Saturday, April 18, 2009. Everyone is invited. The Arbors held a meeting on April 13, 2009 in connection with the submittal of an application to amend the PUD. The Port Chester-Rye-Rye Brook Ambulance Corp was awarded the EMS of the Year award. United Water is performing hydrant flushing. Residents should refer to the Village's website for locations and times. Board of Trustees Meeting April 14, 2009 Page 34 Anyone interested in seeing the roads to be repaved within the Village can find the list of streets on the Village's website. This is a $IM project and the list is extensive. Mayor Feinstein noted that many other streets within the Village need work but are not on this list. Temporary repairs will be done on those streets until the Village is able to repave them. Trustee Santon wanted to be certain that everyone was aware that the Edgewood Basin project is moving forward. This matter will be on the agenda for the next Board of Trustee meeting and interested residents are welcome to attend. Mr. Bradbury noted that a sign will be installed and the Village's website will have information posted. Mayor Feinstein noted that the meeting minutes will be reviewed and approved at the next meeting. Mayor Feinstein announced that she was appointing Trustee Rosenberg as Deputy Mayor. Mayor Feinstein called for residents wishing to address the Board. Ms. Barbara Brown asked that the Board assist her with an unusual situation. She has presented this problem to the Building Department, but has not received any relief Her home on Hawthorne was a parcel that was subdivided into three lots. The homes were constructed about ten years ago and two driveways on either side of her home extend to the house built behind her on a flag lot. The home in the rear operates a limousine service from the property. There are cars going and coming all hours of the day and night, with headlights shining into her home. There are car doors slamming, car radios blaring, people talking, car alarms going off, the motion detectors turn the lights on and off, and people milling about. The operation of this business from this home has greatly affected her quality of life. It is unfair to the residents in this area to have this type of activity going on 24 hours a day, seven days a week. The fact that there are always a minimum of five (5) cars parked in the front yard is not the problem, it is the constant movement of the cars that creates the problem. Mr. Bradbury noted that the Building Department is reviewing this matter. Ms. Brown noted that she brought this issue to the attention of the Building Board of Trustees Meeting April 14, 2009 Page 35 Department quite some time ago. She was now addressing the Village Board in the hope that some action will be taken. Mayor Feinstein thanked Ms. Brown for bringing this issue to the Board. Mr. Bradbury and the Building Department will continue their investigation and report back to the Board of Trustees. There being no further business before the Board, the meeting was adjourned at 12:45 a.m. Board of Trustees Meeting April 14, 2009 Page 36