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HomeMy WebLinkAbout2009-04-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 28, 2009-7:30 P.M. AGENDA 6:45 PM— Executive Session— Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Town Assessor, Mitchell Markowitz, report on Town of Rye legislation requiring income and expense data submitted to Town Assessor as condition of BAR review (2) Review of Edgewood Basin construction design by Dolph Rotfeld Engineering PUBLIC HEARINGS: (1)Public Hearing to consider a proposed local law to Chapter 235 of the Village of Rye Brook Village Code regarding Trees RESOLUTIONS: (1) Resolution declaring Lead Agency and notification to NYS DEC for the review of Edgewood/ Bluebird Hollow detention basin (2) Considering a proposed local law to Chapter 235 of the Village of Rye Brook Village Code regarding Trees (3) Considering the use of Village Streets for Braking the Cycle bicycle ride Board of Trustees Meeting April 28,2009 Page 1 (4) Considering the authorization of funds for the 2009 Memorial Day Ceremonies and Parade to be paid to the American Legion Memorial Day Committee (5) Considering the adoption of the Village of Rye Brook 2009 - 2010 Annual Budget (6) Considering the award of contract 09-04: Catch Basin Cleaning (7) Considering the approval of a Use and Dissemination Agreement between New York State Police and Rye Brook Police (8) Setting a Public Hearing to consider a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding election signs (9) Considering the appointment of the community representative to the Emergency Medical Services Committee (EMSC) (10) Declaring municipal equipment as surplus for sale (10) Considering the approval of minutes: January 13, 2009; January 27, 2009; February 10, 2009; February 24, 2009; March 24, 2009 ADMINISTRATOR'S REPORT OLD BUSINESS: (1) Reviewing the proposal for a study of the Central Business District and Residential/Landscaping Design Guidelines NEW BUSINESS: DISCUSSION ITEMS: (1) Grant application to study becoming a Co-terminus Town/Village (2) Status of (i) Arbors PUD amendments and (ii) repairs/maintenance of the AHOA public sewer infrastructure (3) Unauthorized/incorrect plat maps and update on illegal subdivisions at 42-46 Lincoln Avenue properties Board of Trustees Meeting April 28,2009 Page 2 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: May 12 & May 26, 2009 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 Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Mitchel Markowitz, Tax Assessor Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the April 28, 2009 Regular Meeting of the Board of Trustees. She noted that the first two (2) items to be addressed were not on the agenda. Mayor Feinstein announced that Mr. Victor Carosi, Village Engineer, has accepted another position with the Town of Greenburg. He has been appointed as the Commissioner of Public Works. Mayor Feinstein presented Mr. Carosi with a Proclamation and thanked him for his over eleven years of service to the Village of Rye Brook. Mr. Carosi thanked the Mayor, the Board of Trustees, Village Staff, and the residents for allowing him the opportunity to serve the Village. He noted that his new position Greenburg is a step up in his career. Rye Brook is a vibrant and dynamic community with a lot of community involvement. The Village has changed significantly in the past twelve years, and things will continue to change. He thanked the Village for allowing him to be a part of the changes, and for the wonderful memories that he would be taking with him. Board of Trustees Meeting April 28,2009 Page 3 Next Mayor Feinstein welcomed Rabbi Robert Rothman as the Police Chaplin. She noted that Rabbi Rothman offered his services to Chief Gregory Austin, who happily accepted his offer. Mayor Feinstein presented Rabbi Rothman with a Proclamation. Rabbi Rothman has been a resident of the Village of Rye Brook for approximately ten years. Rabbi Rothman stated that he believe that it is incumbent on every individual to contribute to the community in which they live. He thanked the Board for accepting him as a volunteer Chaplin for the Police Department. Mayor Feinstein returned to the order of the agenda and called for the first item. REPORT: (1) TOWN ASSESSOR, MITCHELL MARKOWITZ REPORT ON TOWN OF RYE LEGISLATION REQUIRING INCOME AND EXPENSE DATA SUBMITTED TO TOWN ASSESSOR AS CONDITION OF BAR REVIEW Mr. Mitchel Markowitz, Tax Assessor, addressed the Board. He noted that the information presented at this meeting is for commercial properties only. He noted that there has been new legislation by the Town of Rye for commercial properties. The legislation includes any person or entity that wishes to go to the Board of Assessment because they feel that they are over assessed. The Town is trying to address sources of complaints, and make sure that everyone is properly assessed. Financial information must be submitted by commercial owners who are going before the BAR. The deadline for filing is June 1, 2009. All of the information that is filed with the Town of Rye is confidential. The Town, in an effort to make sure that all of the affected parties are aware of the new legislation, has sent out letters to parties who have previously submitted a complaint. This legislation is a move in the right direction in order to gather accurate facts. Mayor Feinstein questioned whether or not an official notice will be published in the newspaper. Mr. Markowitz noted that there were several meetings held with the Chamber of Commerce regarding the proposed Board of Trustees Meeting April 28,2009 Page 4 legislation. He noted that he will look into whether or not this matter will be published in the newspaper. Trustee Dean P. Santon noted that the process starts on June 15th. The roll comes out on June 1St. Mr. Markowitz noted that the valuation for purposes of assessment are the prior year's numbers. Commercial establishments are assessed on their revenue. The objective is to be fair and give a fair assessment. Mayor Feinstein thanked Mr. Markowitz for his presentation. 2) REVIEW OF EDGEWOOD BASIN CONSTRUCTION DESIGN BY DOLPH ROTFELD ENGINEERING Mayor Feinstein reviewed the project, noting that there is a grant in place for this project. In the fall the Village began discussing a detention basin. The project is now in the design phase. Mr. Dolph Rotfeld, Village Engineering Consultant, addressed the Board. He stated that this project is a part of an overall plan created several years ago to help with flooding within the Village. The plan included certain things to be constructed in response to flooding issues. Several projects have been completed, i.e.: the Loch Lane Drainage project was part of the study as one of the steps, as were the Acker Drive pipes. The next phase of the study includes construction of this detention basin. Mr. Rotfeld presented the design plan. He noted that there is going to a pond that will always have water in it, which is a state requirement. A survey was done and the plans were created using this survey. The water levels will rise to a maximum of approximately 9 . Concrete waffle iron pipes will hold back the soil and allow the water to run into the detention pond. There will be a gravel road installed above the water level to allow access to the detention pond. Some trees will be removed, and additional plantings will be done along the perimeter of the basin. The plantings along the perimeter will provide screening. A wall will be constructed to increase the storage capacity. Fencing is proposed around the entire basin. This fence will be a black chain link fence with 1" holes which does not allow small children to get a foothold in the fence. Board of Trustees Meeting April 28,2009 Page 5 Mayor Feinstein questioned how many feet between the trees being preserved, the landscaped area, and the basin exist. Mr. Rotfeld noted that along the southeasterly line it varies from 15' to 20'. The area to the north varies from 10' at the easterly end to 15'/20'. From Blue Bird Hollow it is close to 40' to 45'. The flood range is anywhere from 25' to 40' and close to 100' on the Blue Bird Hollow side. There will be a 9' rise for storage capacity. Trustee Paul S. Rosenberg noted that there are State DEC requirements for the depth of the basin and how much water will always be in there. He questioned how much water would be in the basin on a normal day. Mr. Rotfeld noted the depth of water will vary. There is no regulation that states the depth of the water but it cannot be totally dry. Trustee Patricia Sanders Romano noted that there is a deck and above- ground pool that belong to neighboring property owners that are encroaching on Village property. This matter will be dealt with. Trustee Santon noted there is a wetland fringe, an upland buffer, and then there is the upland. There will be grass areas and then comes whips and then trees and shrubs. He made a recommendation that the Latin names of the trees to be planted be included on the plans. He confirmed that the owner of the pool on Rock Ridge has been notified. This is not the first time that people have encroached on Village property. Trustee Santon noted that there also is a safety fence that will be removed by the Village. He suggested that the fencing surrounding the basin should be installed on the property line. This would also facilitate a better planting plan and create a boundary to stop future encroachment by the neighboring property owners. Moving the fence back would create a false property line. Mr. Rotfeld noted that on the average the fence is 10' to 15' off of the property line. She felt that leaving the fence where it is proposed allows the Village the opportunity to do a good amount of planting in front of it to screen the basin. Mr. Christopher Bradbury, Village Administrator, noted that he had suggested moving the fence off of the property line in order to do more screening. The Board must decide the purpose of the fence. Removing of Board of Trustees Meeting April 28,2009 Page 6 the trees creates a change in character to the neighborhood. The concept of moving the fence back from the property line and planting in front of the fence helps give a little bit of forested area back to the neighbors. Trustee Santon noted that the Village is deforesting a property. He hoped that the Village would re-create the forest that currently exists to help screen the homes. This can be done behind the fence. He requested that a 4' fence be installed versus a 6' high fence. He also addressed the existing stonewall located on the property and questioned what will happen to it. Mr. Rotfeld noted that the wall will be removed, and the rocks will be used elsewhere on the property. He stated that the height of the fence is considered a safety issue. Trustee Santon asked that the gravel for the access road be identified on the plans. Mr. Rotfeld noted that this will be done. Trustee Michael S. Brown raised the question of placing the fence on the property line, noting that this is a matter that required input from the residents. He felt that taking their views was important. Mayor Feinstein agreed. Marilyn Timpone Mohamed, Village Consultant, noted that there are mature trees along the property line and no one wants to remove trees to install the fence. She also noted that when fencing the property the deer should be considered. Deer can easily jump over a 4' fence. Mayor Feinstein called for members of the public wishing to address the issue of fencing. The residents of 22 Meadowlark Road addressed the Board. They felt that a 6' fence looks institutionalized. They also felt that placing a 4' fence off of the property line and landscaping in front of it will minimize the visual effect. The residents of 15 Edgewood Drive, the Schwartzmans, addressed the Board. This project has a significant impact on them. If someone encroaches on the Village's property the Village can address that. They stated that they preferred having the fence off of the property line, with screening on both sides of the fence. There are safety issues here and they asked if a stockade fence could be installed versus a chain link fence. Board of Trustees Meeting April 28,2009 Page 7 Ms. Timpone Mohamed noted that a stockade fence will limit views and will limit the spread of the landscaping. A stockade fenced is natural wood and it needs to be replaced. The black fencing blends in with the landscaping. Trustee Rosenberg also felt that the fencing should be constructed off of the property line. He suggested that the Village could delineate the property line with some of the boulders from the wall that is being removed. He also felt that 6' should be the height of the fence. This is a safety issue. The resident of 24 Meadowlark addressed the Board. He felt that pushing the fence back from the property line would be much more aesthetically pleasing. He also felt that the 6' fence should be installed. Mr. Harvey Schiller of 26 Meadow Lark Road addressed the Board. He noted that there is a tributary that enters this property that he felt has not been addressed. He asked where that water would flow. Mr. Rotfeld noted that a Swale will be installed. He stated that there are three (3) tributaries entering this property. Mr. Schiller noted that there is a large population of animals that now make their home on this property. If you install the fence at ground level the animals will dig under it. He felt that installing the fence will create a barrier for the water that moves with debris which will create a problem. During a flood situation the fence will create a dam. Mr. Rotfeld noted that the fence will be approximately 1" to 2" off the ground. Marilyn Yarnell of 28 Meadowlark Road felt that it would be much better if the fence was moved back and off of the property line. This will allow for additional landscaping. Mr. Sven Hoeger, President of Creative Habitat Corp., addressed the Board. He stated that his firm was preparing the landscape plan. He noted that the plan that has been devised is essentially of what is presently there. The idea is to recreate the natural vegetation. There will be standing water on this property. There are several levels of planting. There will be marsh plantings in the basin area. As the water rises the vegetation must be able Board of Trustees Meeting April 28,2009 Page 8 to stand under water for eight to ten hours at a time. There are also areas of normal landscaping. He stated that fast growing plants should be installed. Mr. Hoeger discussed planting smaller trees versus larger trees that have been grown in a nursery. Smaller caliber trees can grow quickly. He felt that the height of fence, when discussing the animal population, makes no difference. A deer can hop a 4' high fence just as easily as a 6' high fence. The height of the fence should be determined with safety in mind. There will be a constant motion of water going up and down. There is a steep slope. There will be plantings in the bank of the basin; perhaps willows. Plants with erosion control potential should be planted. Trustee Santon began a discussion regarding the landscaping plan, and the species of plants that he felt were appropriate. Mr. Hoeger noted that he would put in the plantings that the Village chooses. Trustee Santon felt that the plantings should include trees that people will enjoy looking at. He asked that the areas of planting be labeled. Mr. Hoeger noted that this is a conceptual planting plan. More information will be included on the design plan. Ms. Timpone-Mohamed stated that she would like to see the plantings varied a little bit. She suggested that the plan be amended so that plantings are planted on both sides of the fence. The types of trees should be mixed up a bit too. That would create more of a forested view. There should be a transition from the canopy trees and the whips that will hold the slope. This will create a more naturalist profile. She noted that there must also be a maintenance plan put in place. Mayor Feinstein called for questions or comments regarding the landscaping plan. She noted that there were two issues to be decided upon and they are the height of the fence and where the fence should be located. Trustee Romano stated that it was her opinion that a 6' fence off of the property line would be best. Trustee Brown thought that a mixture of 4' and 6' fencing might be the better way to go as the goal is to have this property as natural as possible. Trustee Santon felt that a 6' high fence looks institutionalized. He stressed that the property line must be clearly delineated. This is a 2 '/z acre parcel. He felt that using the boulders to mark the property line would not look as Board of Trustees Meeting April 28,2009 Page 9 good as having the fence on the property line. He reiterated his opinion that creating a false boundary will become a headache down the road. Mr. Grippo, a resident of Rye Brook, addressed the Board. First he stated that the plans were misleading as to the actual size of the parcel of land being discussed. He then noted that he missed the sign that was installed at Blue Bird Hollow about the prior meeting. Having missed meetings on the project, he went ahead and gathered information on his own. He questioned the amount of water that will be held back on this property. Mr. Rotfeld noted that the calculated flow at the discharge point under existing conditions is 480 cubic feet per second. The detention basin will reduce that to 360. Mr. Grippo noted that there are three (3) tributary that enters this property. He felt that the 20% reduction that has been estimated was inaccurate. He pointed out that there needs to be a way to remove sediment that is carried by the water flow. He felt that the river basin needed to be lowered in order to get the proper flow through the pipes. He also noted that the tree species that have the most uptake should be the ones that are planted. Mr. Grippo also noted that there is a vast array of wildlife species that live on this property. There are deer, rabbits, squirrels, coyote, and other animals that make this parcel their home. He asked for a PowerPoint presentation to show exactly what this area will look like. Mr. Rotfeld stated this is a preliminary plan, and the basin is a step in the process that the Village began years ago to control flooding in the area. Perhaps in the next few years the Village will undertake more steps, such as replacing the pipes under Argyle Road. There are different stages in this process, with additional stages to come after the detention basin has been completed. Mr. Schiller noted that he has not heard the depth of the excavation. He asked if a soil boring test was done. Mr. Rotfeld noted that they would be digging down as much as 20 feet. The boring test results show one area of rock. Board of Trustees Meeting April 28,2009 Page 10 Mayor Feinstein noted that the rock ledge will increase the cost of this project. The comments obtained at this meeting must now be addressed, and Mr. Rotfeld will revise the plan and present it to the Board. Trustee Brown asked that residents that are interested in commenting on the plans should do so by contacting the Village. Mayor Feinstein asked that the sign be re-installed and the information be placed on the Village's website. Trustee Santon noted that the abutting property owners were in attendance at the meeting. Those residents that did not attend the meeting should avail themselves of the information that will be placed on the Village's website. He also noted that comments are welcome. Mayor Feinstein called for the resolution on this matter: (1) RESOLUTION DECLARING LEAD AGENCY AND NOTIFICATION TO NYS DEC FOR THE REVIEW OF EDGEWOOD/ BLUEBIRD HOLLOW DETENTION BASIN Mr. Bradbury read the following resolution: RESOLUTION RESOLUTION DECLARING LEAD AGENCY AND NOTIFICATION TO NYSDEC FOR THE REVIEW OF EDGEWOOD/BLUEBIRD HOLLOW DETENTION BASIN. WHEREAS, the Village Board intends to construct a detention basin on Village property adjacent to Rich Manor Park and between Edgewood Drive and Bluebird Hollow; and WHEREAS, the Village Board has previously completed Part I of a Full Environmental Assessment Form dated August 28, 2008; and WHEREAS, Dolph Rotfeld Engineering has prepared revised design plans for the construction of this detention basin and presented these plans at a regular meeting of the Village Board held April 28, 2009; and Board of Trustees Meeting April 28,2009 Page 11 WHEREAS, the Village of Rye Brook has secured a grant for this project from the NYS Department of Conservation (NYSDEC) for the installation of this detention basin (Project ID No: 2003WQI6086), with a total estimated eligible project cost of$473,750, with the State grant share of$218,750 and a local match of$255,000. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the EAF prepared for the project declares its intent to become Lead Agency for review of the subject applications and makes a determination that the proposed action is an Unlisted Action; and BE IT FURTHER RESOLVED, that notification of intent to become Lead Agency shall be circulated to the Involved Agency, New York State Department of Environmental Conservation Mayor Feinstein noted that this resolution simply declares the Board of Trustee as the Lead Agency. Trustee Santon asked that the Village address the problem of irrigation. Mr. Carosi noted that the onus should be placed on the contractor. They could choose to put in a sprinkler system. Trustee Santon asked if an electric outlet was needed. Mr. Bradbury noted that he would discuss this matter with Mr. Rotfeld. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. 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 Board of Trustees Meeting April 28,2009 Page 12 Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting April 28,2009 Page 13 Mayor Feinstein called for a brief recess. Upon the Board's return, Mayor Feinstein called for the next item on the agenda: PUBLIC HEARINGS: (1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TREES Mayor Feinstein declared the public hearing open. Mr. Bradbury noted that this would make the Board of Trustees the Board of Approval for tree removal. Comments from the last meeting have been included in the proposed local law. Trustee Rosenberg reviewed comments made by the Village Engineer. Also reviewed was some of the language included in the proposed local law. The Board discussed the wording "owner" and "tenant" in the proposed law and the intent. Edward Beane, Esq., Village Counsel, noted that the intent was to name a person that can be served if need be. Also discussed was pruning and topping trees that results in the tree needing to be removed, the size of the trees to be planted, the timeframe for replanting, restoration requirements, retaining a certified arborist, the burden on residents, removals in case of an immediate threat, and damaging roots. Mayor Feinstein noted that this was a public hearing and asked for members of the public wishing to address the Board. Mr. Grippo, a resident of Rye Brook, addressed the Board. He stated that it was imperative that the Village add clear language to give traction in a civil court to a resident who needs to bring an action against a neighbor. Mr. Beane noted that you can cut branches that are on your property. The Village cannot give a resident permission to remove a tree or prune branches of a tree that is not on the resident's own property. Mr. Grippo noted that trees should not be planted on the property line. Everyone knows that the canopy will expand and cross over the property Board of Trustees Meeting April 28,2009 Page 14 line. He felt that some type of wording to stop plantings on or close to property lines should be added to this legislation. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was closed. 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 RESOLUTIONS: 2) CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TREES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TREES WHEREAS, the Board of Trustees is considering amendments to Chapter 235 of the Village Code regarding Trees; and WHEREAS, on March 24, 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, the public hearing continued on April 28, 2009 and subsequently closed. Board of Trustees Meeting April 28,2009 Page 15 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 235 of the Code as proposed. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, 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 Mayor Feinstein took a resolution out of order on the agenda: 5) CONSIDERING THE ADOPTION OF THE VILLAGE OF RYE BROOK 2009 - 2010 ANNUAL BUDGET Mr. Bradbury reviewed the following resolution: RESOLUTION CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2009- 2010 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 20, 2009; and WHEREAS, the Board of Trustees held three budget work sessions on March 26, 2009, April 1, 2009 and April 6, 2009; and Board of Trustees Meeting April 28,2009 Page 16 WHEREAS, the Board of Trustees held a public hearing on April 14, 2009 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 24, 2009 adopted a resolution establishing base proportions of 74.252807% for homestead properties and 25.747193% for non-homestead properties for the purposes of the 2009-10 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,915,500,017 and based upon the amendments made by the Village Board and discussed at the budget work sessions, would result in a homestead tax rate of $4.00 and a non-homestead tax rate of $6.18 per $1,000 of assessed valuation ($4.40 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $12,820,690 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: 2009-10 2009-10 Tentative Village Board Fund/Fee Amended Budget Adopted Expenditures: 7140.426 Janitorial Services(schools fee) $17,000 $14,000 3120.170 School Crossing Guards(no incr.) $75,903 $72,576 6772.498 Nutrition(no incr.) $23,500 $21,000 5 110.110 Highway Director of Operations/Foreman $78,732 $0 1670.495 Central Print/Mail(Sant. Cal) $22,000 $17,800 Board of Trustees Meeting April 28,2009 Page 17 8160.468 Refuse/Recycling Collection(rear-yard) $775,320 $818,610 1410.462 Legal Advertising $9,500 $9,100 5110.150 Highway MEO $282,132 $328,864 Other Revenues: Parks and Recreation Fees $418,000 $422,000 Inspection Fees $315,000 $317,000 Fees: Expired Bldg.Permit Administrative Fee Applied 11/09 for applications recd after 01/01/03 n/a $750 Special permit application fee $1,025 $1,150 Amendment to bldg. permits(commercial) $150 $225 Temporary Certificate of Occupancy-Residential $300 n/a Temporary Certificate of Occupancy- 1st for 30 days $300 $300 Temporary Certificate of Occupancy-2nd for 30 days $300 $300 Temporary Certificate of Occupancy-3rd+for 30 days ea. $300 $600 Residential Certif. of Occupancy cost of constructionj: Certificate of Occupancy-$0 to$20,000 $60 $75 Certificate of Occupancy-$20,001 to$50,000 $120 $150 Certificate of Occu anc -$50,001 to$100,000 $175 $200 Certificate of Occupancy-Over$100,000 $275 n/a Certificate of Occu anc -$100,001 to$250,000 n/a $350 Certificate of Occupancy-$250,001 to$500,000 n/a $450 Board of Trustees Meeting April 28,2009 Page 18 Certificate of Occupancy-Over$500,000 n/a $550 Commercial Certif. of Occupancy cost of construction Up to$200,000 $460 $500 $200,000 to$300,000 $560 $600 $300,000 to$400,000 $660 $700 $400,000 to$500,000 $760 $800 $500,000 to$1,000,000 $960 $1,000 $1,000,000 to$2,000,000 $1,260 $1,300 $2,000,000 to$3,000,000 $1,660 $1,700 $3,000,000 to 4,000,000 $2,060 $2,100 $4,000,000 to$5,000,000 $2,460 $2,500 Over$5,000,000 $3,560 $3,600 Demolition without a permit and proof of utility cutoff $5,000 $7,500 Electrical Permits- 1 to 100 fixtures $85 $95 Electrical Permits- 101 to 200 fixtures $125 $150 Electrical Permits-201 to 300 fixtures $225 $275 Temporary Service $125 $150 Elevator $150 $200 Fire Inspection Fee $150 $200 Fuel Tank Permit-Removal $100 $150 Fuel Tank Permit-Installation $100 $150 Perm. Standby Backup Generator Application $100 $150 Board of Trustees Meeting April 28,2009 Page 19 Plumbing&Installation: Over 5 fixtures $75 $100 Sanitaiy sewer connection $100 $150 Stormwater drain connection $100 $150 Gas line connection $100 $150 Water line connection $100 $150 Site Plan and Approval: Residential $260 $300 Non-residential $400 $450 Site plan amendment $525 $550 Planned Unit Development-Amendment $0 $250 Connection to municipal stormwater system $150 $200 Subdivision Application $500 $750 Subdivison-additional fee per new lot created $500 $600 Wetlands and watercourses-permit $150 $200 Wetlands and watercourses-application $1,000 $1,100 Public Notice Fee $0 $50 Recreation: Men's Basketball shorter season $235 $200 Day Camp- 6 week resident $720 $750 Day Camp- add child 6 weeks $520 $550 Day Camp after 5/1;6 week resident $870 $900 Board of Trustees Meeting April 28,2009 Page 20 Day Camp after 5/1;add child 6 week resident $620 $650 Day Camp-2 week session $420 $450 Day Camp-Add child,2 week session $320 $350 Day Camp-2 week non-resident after 5/1 $620 $680 Day Camp- add child 2 week session $520 $580 Day Camp- 6 week non-resident after 5/1 $970 $1,030 Day Camp- add child 2 week session. $770 $830 Teen Travel Camp-6 week resident $1,220 $1,270 Teen Travel Camp-6 week residents after 5/1 $1,320 $1,370 Teen Travel Camp-Non-Resident $1,620 $1,720 2 Week Resident $720 $770 2 Week Non-Resident $920 $1,020 Fund Balance Impact: Transfer from General Fund Balance to Special Capital Reserve Fund for Rye Brook Athletic Fields: $30,000 $0 Return to Fund Balance(see above) $30,000 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, 2009; 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 Board of Trustees Meeting April 28,2009 Page 21 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 $12,820,690 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of $2,915,500,017 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 $4.00 and a non-homestead tax rate of $6.18 per thousand of assessed valuation. Mayor Feinstein thanked Mr. Bradbury for his hard work. This was a hard budget to put together. These are difficult times that have called for difficult decisions. Mr. Bradbury noted that this budget was a total team effort. The Village's financial position is still strong. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, 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 Mayor Feinstein left and turned the meeting over to Deputy Mayor Rosenberg, and was excused from the balance of the meeting. Deputy Mayor Rosenberg called for the next item on the agenda: Board of Trustees Meeting April 28,2009 Page 22 7) CONSIDERING THE APPROVAL OF A USE AND DISSEMINATION AGREEMENT BETWEEN NEW YORK STATE POLICE AND RYE BROOK POLICE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF A USE AND DISSEMINATION AGREEMENT BETWEEN NEW YORK STATE POLICE AND RYE BROOK POLICE RESOLVED, that the Village of Rye Brook Village Board hereby approves the TraCS Use and Dissemination Agreement with the New York State Police; and be it FURTHER RESOLVED, the Mayor is hereby authorized to execute all documents necessary or appropriate to accomplish the purpose of this resolution. Chief Austin noted that the ticket information can now be transmitted to New York State. This will improve the officers' efficiency while in the police cars. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye Board of Trustees Meeting April 28,2009 Page 23 3) CONSIDERING THE USE OF VILLAGE STREETS FOR BRAKING THE CYCLE BICYCLE RIDE RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR BRAKING THE CYCLE BICYCLE RIDE WHEREAS, in a letter dated April 3, 2009, Steve Bratton of Braking the Cycle has requested the use of Village Streets for a bicycle ride to benefit HIV/AIDS services of New York's LGBT Center; and WHEREAS, riders will briefly pass on Bowman Avenue on Sunday, September 13, 2009 between 10:15 am to 1:15 pm. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook Village Board herby approves the use of street request for Braking the Cycle Bicycle Ride on Sunday, September 13, 2009. It was noted that this is a short race that will use Bowman Avenue and Westchester Avenue on September 13, 2009. The police department is aware of this event. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye The next matter was called before the Board: Board of Trustees Meeting April 28,2009 Page 24 4) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2009 MEMORIAL DAY CEREMONIES AND PARADE TO BE PAID TO THE AMERICAN LEGION MEMORIAL DAY COMMITTEE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2009 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 2009 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 2009 ceremonies and parade. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was opened for discussion. Deputy Mayor Rosenberg called upon the representative for the American Legion. It was noted that no one was in attendance. It was felt that this matter should be held over to the next meeting, so that a representative could be there to accept the donation. Trustee Brown felt that this matter should be addressed at this meeting. This is not the first time that the Village has made this donation to the American Legion. Mr. Burke called the roll: Deputy Mayor Rosenberg Voting Aye Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Board of Trustees Meeting April 28,2009 Page 25 6) CONSIDERING THE AWARD OF CONTRACT 09-04: CATCH BASIN CLEANING Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AWARD OF CONTRACT#09-04 CATCH BASIN CLEANING WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-04 "CATCH BASIN CLEANING"; and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on March 13th, 15th, 18th, and 19" 2009; and WHEREAS, on Friday, March 281h 2009 at 10:00 a.m., all bids received were opened as summarized below: BIDDER TOTAL BID BID BOND 1. Al Atomic Rooter, Inc. $25,550 Yes 2. National Water Main Cleaning Co.$26,250 Yes 3. Fred A. Cook Jr., Inc. $33,600 Yes 4. Residuals Management Services, Inc. d.b.a. Earth Care—All County Septic$48,300 Yes 5. PIM Corporation $136,500 Yes WHEREAS, upon reviewing the bids, the Village Engineer determines Al Atomic Rooter submitted the lowest bid meeting the requirements of the contract, NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees awards Contract #09-04 "Catch Board of Trustees Meeting April 28,2009 Page 26 Basin Cleaning" to Al Atomic Rooter, Inc, for the total bid price of $25,550; 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. It was noted that five (5) bidders responded, and the contract was awarded to the lowest bidder. This is a very important service for the residents. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye 8) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING ELECTION SIGNS Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNS WHEREAS, the Board of Trustees is considering amendments to Chapter 250 of the Village Code regarding signs. Board of Trustees Meeting April 28,2009 Page 27 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on May 26, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mr. Beane offered the background on this matter. The local law was amended to comply with the case law. The law now clearly delineates the amount of days before an election that signs can be installed, the size of the signs, and the amount of time after the election for the signs to be removed. This resolution simply schedules the public hearing. There is time during the public hearing for members of the public to comment upon these amendments. Trustee Santon made a motion to modify the resolution and set the public hearing on May 26, 2009. The motion was seconded by Trustee Sanders Romano. Mr. Burke called the roll, as amended: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye 9) CONSIDERING THE APPOINTMENT OF THE COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE (EMSC) Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPOINTMENT OF THE COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE (EMSC) Board of Trustees Meeting April 28,2009 Page 28 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, Michael Borrelli, the community representative from the Village of Rye Brook will expire on June 30, 2009; and WHEREAS, Michael Borrelli has expressed a desire to remain the Village of Rye Brook representative on the Emergency Services Committee (EMSC). NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby approves the re-appointment of Michael Borrelli as the Community Representative to the Emergency Medical Services Committee (EMSC) for the Village of Rye Brook. Mr. Michael Borrelli was thanked for his years of dedicated service to the EMSC. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution as adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye 10) DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE Mr. Bradbury read the following resolution: Board of Trustees Meeting April 28,2009 Page 29 RESOLUTION DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE WHEREAS, the Village of Rye Brook has several pieces of municipal vehicles and equipment that are no longer of functional value or use to the Village; and WHEREAS, the equipment may have a nominal resale value. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the equipment listed below is declared surplus to be sold to the highest qualified bidder through sealed bids solicited through classified advertisement in the official paper of the Village: MAKE MODEL YEAR VIN DESCRIP ON GMC G-1/1-1-3 3500 1988 1GTGK34K5JE524755 Truck CHEVROLET TAHOE 3500 1996 1 GNEK13R5TJ396271 4-door truck FORD CROWN VIC. 1999 2FAFP71 W2XX199989 4-door sedan FORD CROWN VIC. 1999 2FAFP71 WOXX199988 4-door sedan FORD CROWN VIC. 2000 2FAFP71 W5YX178796 4-door sedan FORD CROWN VIC. 2001 2FAFP71WX1X172062 4-door sedan FORD CROWN VIC. 2004 2FAHP71W04X179549 4-door sedan FORD CROWN VIC. 2004 2FAHP71W84X179511 4-door sedan FORD CROWN VIC. 2006 2FAHP71 W76X102356 4-door sedan AND BE IT FURTHER RESOLVED, that if no bids are received for a particular item, that the item may be disposed of through appropriate means; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Board of Trustees Meeting April 28,2009 Page 30 Mr. Bradbury noted that there were seven company cars, a Tahoe and a GMC truck being sold. 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 Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye 11) CONSIDERING THE APPROVAL OF MINUTES: JANUARY 13, 2009; JANUARY 27, 2009; FEBRUARY 10, 2009; FEBRUARY 24, 2009; MARCH 24, 2009 With the consensus of the Board the summaries, with the exception of the two February summaries, were approved. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano the January 13, 2009, January 27, 2009 and March 24, 2009 minutes were approved. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that on June 1, 2009 the new sanitation company will be starting. The Village is hoping for a smooth transition. Board of Trustees Meeting April 28,2009 Page 31 Mr. Bradbury addressed the reports of Swine Flu. Westchester County has asked that all residents practice good hygiene, including washing your hands often. There is information provided on the Village's website. Deputy Mayor Rosenberg called for the first matter under old business. OLD BUSINESS: 1) Reviewing the proposal for a study of the Central Business District & Residential/Landscaping Design Guidelines It was suggested that since Mayor Feinstein was not in attendance this matter should be placed on the agenda for the next meeting of the Board of Trustees. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the matter was adjourned. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye DISCUSSION ITEMS: 1) Grant application to study becoming a Co-terminus Town/Village On a motion made by Trustee Santon, and seconded by Trustee Brown, this matter was also tabled to the next Board of Trustee meeting in May. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Ay Deputy Mayor Rosenberg Voting Aye Board of Trustees Meeting April 28,2009 Page 32 2) Status of (i) Arbors PUD amendments and (ii) repairs/maintenance of the AHOA public sewer infrastructure Trustee Santon noted that he has been speaking with the Village Engineer in March of 2008. There was some activity during the summer, and things became quiet. The plans were received on Friday. No application has been received but a cover letter was included with the plans. Trustee Santon noted that this submission is deficient in a number of ways. The changes have not been identified. No manholes or easements have been identified. There is fencing that also needs to be identified . He felt that there is a lot of clean up that needs to be done. Trustee Santon stated that there should be a universal map for this 60 acre P.U.D., with the outline of the property. A maintenance shed has been constructed. In the mid-nineties there was a PUD review. He requested that that information be made available. Trustee Santon noted that the Village does have a survey for 900 King Street. Mr. Bradbury stated that he would gather the information and request that the applicant make a presentation to the Board of Trustees. Staff will start its review of the plans that have just been submitted. Trustee Santon noted that there are private roads and infrastructures in the P.U.D. that need to be shown on the plans. Mr. Carosi, Village Engineer, noted that there are easements on this property. He noted that he will document his conversations with the Arbors for the Board. Mr. Bradbury noted that he will follow up on this matter, gather the requested information, and present an update back to the Board. (3) Unauthorized/incorrect plat maps and update on illegal subdivisions at 42-46 Lincoln Avenue properties On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the matter was adjourned to the next Board of Trustees meeting. Trustee Michael S. Brown Voting Aye Board of Trustees Meeting April 28,2009 Page 33 Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Rosenberg Voting Aye Deputy Mayor Rosenberg noted that the next Board of Trustees meetings were scheduled for May 12, 2009 and May 26, 2009. There being no further business before the Board, the meeting was adjourned at 12:10 A.M. Board of Trustees Meeting April 28,2009 Page 34