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HomeMy WebLinkAbout2009-05-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 12, 2009-7:30 P.M. AGENDA 6:45 PM–Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT: 1. Attorney General's Office - Report on Consumer Fraud 2. Review of Edgewood/ Bluebird Hollow Detention Basin construction design by Dolph Rotfeld Engineering PUBLIC HEARINGS: 1. Public Hearing to consider a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding Front Yard Setbacks RESOLUTIONS: 1. Considering a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding Front Yard Setbacks 2. Resolution adopting a negative declaration and accepting revised plans for the Edgewood/Bluebird Hollow stormwater detention basin 3. Considering an agreement with Optimum Lightpath for telephone and voicemail services and the transfer of funds Board of Trustees Meeting May 12,2009 Page 1 4. Considering the award of Contract 09-02: Supply and Installation of Standby Generator at the AJP Community Center 5. Considering authorizing the renewal of a Westchester County Department of Health food service permit application to operate a food service establishment at the Anthony J. Posillipo Community Center 6. Considering the approval of minutes — February 10, 2009; February 24, 2009; March 10, 2009; April 14, 2009; April 28, 2009 ADMINISTRATOR'S REPORT OLD BUSINESS: 1. Reviewing the proposal for a study of the Central Business District & Residential/ Landscaping Design Guidelines NEW BUSINESS DISCUSSION ITEMS: 1. Grant application to study becoming a Co-terminus TownNillage 2. Status of encroachments onto municipal property 3. Planting of shade trees on municipal property ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: May 26 and June 9, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon Board of Trustees Meeting May 12,2009 Page 2 STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Nicholas Ward Willis, Esq., Village Counsel Michel Nowak, Acting Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the May 12, 2009 Board of Trustees meeting. She called for the first item on the agenda. REPORT: 1) ATTORNEY GENERAL'S OFFICE - REPORT ON CONSUMER FRAUD Judith C. McCarthy, Assistant Attorney General in charge of the Westchester Regional Office, addressed the Board. She gave an overview of the Attorney General's office and what their function is. She noted that there are eleven regional offices statewide that handle litigation for the State, perform consumer mediation to ensure that residents are not deceived or taken advantage of, and accept consumer complaints in order to stop fraud. Ms. McCarthy stated that the Attorney General's office does outreach and has a program entitled Project Sunlight that helps residents learn about government. She suggested that residents visit the Project Sunlight website for additional information. The Attorney General's office protects people from scams, and she provided some examples. One was the constant calls that people are receiving regarding their car warranties expiring. This is not the company that you have purchased your car warranty from but rather a company trying to sell you a car warrant. These people call even though the consumers' phone numbers are on the "Do Not Call List." Another big scam is the lottery check scam. Ms. McCarthy stressed that if someone asks you to wire money to someone that you do not know, do not do it and contact the Attorney General's office. Board of Trustees Meeting May 12,2009 Page 3 Ms. McCarthy also noted that the Attorney General's office has a health care bureau. This bureau can help when you have a problem with the insurance company, if you are getting bills from medical providers that you have already paid, or if your insurance company has denied you treatment. This office is a valuable tool that she hoped people would avail themselves of. Ms. McCarthy stated that anyone with questions or in need of additional information should call the Westchester Regional office at 914-422-8755. The office is located at 101 East Post Road, White Plains, New York 10601. Trustee Santon asked that this information be placed on Rye Brook's website. Mr. Christopher Bradbury, Village Administrator, stated that this would be done. Mayor Feinstein thanked Ms. McCarthy for the presentation. Mayor Feinstein called for the next matter on the agenda: 2) REVIEW OF EDGEWOOD/BLUEBIRD HOLLOW DETENTION BASIN CONSTRUCTION DESIGN BY DOLPH ROTFELD ENGINEERING Mr. Anthony Oliveri, P.E., of Dolph Rotfeld Engineering, addressed the Board. He noted that Mr. Rotfeld was ill and he would be giving the presentation. He began with an update of the project, noting that the plans have been updated in connection with the planting plans. The adjoining property owners' information has been added to the plans, the re-use of the stone wall on the property is now shown, the fence is setback from the property line, and the type of fencing has been noted. At the request of the neighboring property owners, the fence has been moved in from the property line and the stones from the existing wall on the property will be used to denote the property line. He presented the Board with photographs of the existing wall. He also presented the Board with a sample of the 2' x 2' fence that is being proposed. Mr. Oliveri noted that an aerial view has been produced of the property. Board of Trustees Meeting May 12,2009 Page 4 Mr. Sven Hoeger, President of Creative Habitat Corp., addressed the Board. He noted that during a recent meeting a discussion regarding the number of Evergreens was discussed. In response to comments received, approximately 20 more trees of varied species have been added to the planting plan, and the placement of trees has been shuffled around. He also reiterated that the fence will now be installed several feet back from the property line, which will allow for additional planting in front of the fence. Trustee Santon noted that a small wall will be constructed using the existing loose stone wall that now runs through the basin. This small wall will be used to define the frontage of the property, corners, and areas of the perimeter where some of the property lines change direction. This will add character to the property and will save the Village money as the rocks will not need to be carted away. There are some trees that were not shown on the previous plan that have now been added to the amended plan. Some positive improvements have been made. This property, for the most part, is a deciduous forest. The whole frontage on Bluebird Hollow will now have plantings of trees. Invasive plantings on the property have been reviewed, and some will be removed and replaced. Mayor Feinstein questioned when planting would take place. Mr. Hoeger noted that the planting should take place typically in the fall. She questioned whether or not there would be blasting. Mr. Oliveri responded that typically blasting is more desirable than chipping. There is definitely some rock that needs to be removed. The design has been modified. It is too early to give an idea of how much blasting will need to be done. The details will be provided to the residents prior to the blasting being done. There will not be any large explosions. Holes are drilled into the rock and the charges are placed. It is a controlled situation. Mayor Feinstein called for questions from members of the community. Mr. Harvey Schiller, resident of Meadowlark Road, addressed the Board. He raised several questions. He asked if the basin would over flow, increasing the possibility of the water being diverted into his basement. He also noted that a loose stone wall will allow the water to percolate behind it and then flow through it. Mr. Oliveri stated that the water will not over flow from the basin. Mr. Schiller noted that his property is at 136' level but his basement is 8' below. He was worried that the water pressure will push the water into his Board of Trustees Meeting May 12,2009 Page 5 basement. He pointed out that the water table in this area is very high. Mr. Oliveri noted that there are two monitoring wells on the site. The ground water is about 18" below grade. This project will lower the ground water. Mr. Schiller noted the soil boring was only recently completed. Everyone knew that there was rock there, and now the existence of rock has been verified. Removal will increase the cost of the project. Mayor Feinstein noted that to date there are only estimated costs; nothing has been put out to bid yet. Mr. Schiller asked if there would be rocks that stand up above the water level. Mr. Oliveri stated that there are no plans for this. Mr. Schiller noted that there were areas on the plans that noted park area. Trustee Santon noted that this label was just a designation. This is not parkland. Mr. Schiller noted that placing the trees on the property line would create a maintenance problem. He also questioned how, if the fence is put around the perimeter of the basin versus on the property line, the Village would differentiate where adjacent properties end and Village property starts? He also questioned how the Village would handle the issue of encroachments. Trustee Santon noted that monuments will be constructed that will denote the property line. Regarding the issue of encroachments, those property owners that are encroaching on this property have already been notified. Another question was whether or not there will be a tree preservation plan that will show trees to be saved and the trees to be removed. These decisions should be made by a landscape architect. The response was that this information will be on the final plan. Mr. Schiller noted that a Tree Replacement Committee that was put together when the Parkway was being worked on. He hoped that a similar committee would be created to protect the residents of the Edgewood Basin area. Next Janet Passarelli of 49 Rock Ridge addressed the Board. She noted that she was extremely concerned about the blasting of the rock. Before the soil testing was done she knew that there was rock. When the blasting took place on Meadowlark in the 1950's when the houses were built things fell Board of Trustees Meeting May 12,2009 Page 6 off of the walls with every blast. Everyone is acting like the blasting is nothing, but the blasting should be a very large concern since this is a residential area and the blasting will have a big impact on the residents. Mayor Feinstein noted that the techniques used today are different from the techniques used years ago. Mr. Oliveri stated that the area of the proposed blasting has a diameter of approximately 60 feet. A more detailed estimate of rock removal will be provided. Mr. Jack Steinthal of Edgewood Drive addressed the Board. He noted that he lives on the cul de sac and every time the street is plowed the Village gauges out a large section of the property. The result is a large mud hole in the center of the property. He suggested enlarging the cul de sac to eliminate this muddy puddle. Trustee Santon reviewed some of the comments that he has given to Mr. Rotfeld's office. He discussed plantings additions and removals, and the size of the fencing being proposed. He raised the issue of the fencing and the 1" hole versus the 2" hole. Trustee Paul Rosenberg noted that he preferred that a 1" hole fence be constructed. This is a safety issue. There are many children that live in this area and whatever the extra cost it is worth it to protect the children. Trustees Michael Brown, Patricia Sanders Romano, and Mayor Feinstein all agreed with Trustee Rosenberg. The consensus was to install the fencing with the 1" hole. Trustee Santon felt that this was an additional financial burden that may not be necessary. The plantings will grow up and around the fence and will screen it. He asked that the Village's Risk Manager be contacted to address the issue of safety and the proper size fencing to be installed. Trustee Santon noted that he wanted to be certain that everything was crystal clear before the bids are put out. Mr. Bradbury noted that both sizes of fencing, the 1" and 2" hole, will be put out to bid, and the bid documents will be circulated before the bids go out. Trustee Santon addressed the dumping that has occurred on this property and the required clean up that is needed. He also stressed that there were dead plants and dead trees, and invasive vines that need to be cleared out. Board of Trustees Meeting May 12,2009 Page 7 He noted that many of the mature trees along the perimeter of the property are being preserved. He stressed that the Village must review the plans for the detention basin just like they would if a resident presented plans for construction. The Village must ensure that the contractor does not damage the root system of the existing trees. Mayor Feinstein noted that the intention of this presentation was to move the project forward. She asked if there were any additional comments form the Board or members of the public. There being none, she turned to Mr. Bradbury for discussion on the resolution. Mr. Bradbury noted that the Village has received notice from New York State DEC regarding tree removal. Mayor Feinstein called for the resolution regarding the proposed Stormwater Detention at Edgewood/Bluebird Hollow: RESOLUTIONS: 2) RESOLUTION ADOPTING A NEGATIVE DECLARATION AND ACCEPTING REVISED PLANS FOR THE EDGEWOOD/BLUEBIRD HOLLOW STORMWATER DETENTION BASIN Mr. Bradbury read the following resolution: RESOLUTION RESOLUTION ADOPTING A NEGATIVE DECLARATION AND ACCEPTING REVISED PLANS FOR THE EDGEWOOD/BLUEBIRD HOLLOW STORMWATER DETENTION BASIN WHEREAS, the Village Board intends to construct a stormwater detention basin on Village property adjacent to Rich Manor Park and between Edgewood Drive and Bluebird Hollow, ("the Proposed Action"); and WHEREAS, the Village Board previously declared itself to be Lead Agency, determined the Proposed Action to be Unlisted with regard to environmental review pursuant to the New York State Environmental Board of Trustees Meeting May 12,2009 Page 8 Quality Review Act ("SEQRA"), 6 NYCRR Part 617, initiated a coordinated review with the Involved Agency, New York State Department of Conservation ("NYSDEC"), and completed Parts I and 2 of a Full Environmental Assessment Form dated August 28, 2008; and WHEREAS, Dolph Rotfeld Engineering prepared revised design plans and supporting documents for the construction of this detention basin and presented these plans and documents at regular public meetings of the Village Board held on April 28, 2009 and May 12, 2009; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, the Village of Rye Brook has secured a grant for this project from the 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 SEQRA, and after review of the EAF Parts 1 and 2, the revised plans and supporting documents, and comments by the public, Village staff and consultants, determines that the design of the Proposed Action, as revised, would not have any significant adverse environmental impacts, and any potential minor environmental impacts associated with the construction of the detention basin would be eliminated, reduced or mitigated to the greatest extent practical and adopts the Negative Declaration appended to this resolution hereby ending the SEQRA environmental review; and BE IT FURTHER RESOLVED, that the Village Board of Trustees accepts the revised plans in accordance with the comments made at the May 12, 2009 Board of Trustees meeting, prepared by Dolph Rotfeld Engineering and authorizes distribution of the accepted plans and adopted Negative Declaration to the Involved Agency, NYSDEC, and publication of the Negative Declaration pursuant to SEQRA. Mayor Feinstein requested several changes to the resolution. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the resolution was adopted as amended. Board of Trustees Meeting May 12,2009 Page 9 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 Mayor Feinstein called for the only public hearing on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING FRONT YARD SETBACKS Mr. Bradbury noted that this matter has been on the agenda for a number of meetings. The purpose of the creation of this local law is to prevent the issues of homes creeping closer to the street as a result of tear downs or additions. The Board of Trustees has referred this matter to the Planning Board for review. Trustee Sanders Romano summarized the Planning Board's review. They addressed the issue regarding porches and porticos. They raised the question as to whether or not the porch exception should be applied in the R-25 Zone or throughout the entire Village. Porches are generally added during teardowns or major renovations. The consensus of the Planning Board was that the issue did not need revisiting. Mayor Feinstein called for members of the public wishing to address the Board in support or opposition to the proposed changes to the Village's Code. There being no one, she called for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Brown, the public hearing was closed. Mayor Feinstein moved to the resolution portion of the agenda. Board of Trustees Meeting May 12,2009 Page 10 RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING FRONT YARD SETBACKS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING FRONT YARD SETBACKS WHEREAS, a local law has been proposed to amend Chapter 250 of the Village Code regarding contextual front yard setback requirements in the R-25 zoning district; and WHEREAS, on March 10, 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 continued on March 24, 2009 and then continued to April 14, 2009, May 12, 2009 and subsequently closed on May 12, 2009; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that the adoption of the proposed local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 250 of the Code of the Village of regarding front yard setbacks. Board of Trustees Meeting May 12,2009 Page 11 Trustee Rosenberg noted that the Village has been trying to make things easier for the residents. He felt that this regulation would result in more overregulation. Trustee Santon disagreed, noting that the Village is trying to maintain the character of the Village. Mayor Feinstein noted that this was a balancing act between maintaining the character of the Village and not over-regulating. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Nay Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Nay 3) CONSIDERING AN AGREEMENT WITH OPTIMUM LIGHTPATH FOR TELEPHONE AND VOICEMAIL SERVICES AND THE TRANSFER OF FUNDS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AGREEMENT WITH OPTIMUM LIGHTPATH FOR TELEPHONE AND VOICEMAIL SERVICES AND THE TRANSFER OF FUNDS WHEREAS, the Village of Rye Brook Village Hall, Fire Department and Police Department is in need of a new telephone and voicemail system; and Board of Trustees Meeting May 12,2009 Page 12 WHEREAS, after review of several systems the Village has determined the best solution would be a Voice over Internet Protocol (VOIP); and WHEREAS, Optimum Lightpath provides the desired VOIP system with leasing of necessary equipment and service for a recurring monthly fee. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby enters into a Service Agreement with Optimum Lightpath for VOIP telephone and voicemail services; and be it FURTHER RESOLVED, the Mayor is herby authorized to sign any and all necessary documents to accomplish the purpose of this resolution; and be it FURTHER RESOLVED, the $14,500.00 be transferred from contingency (1990.424) to Central Communications (1650.497) to accomplish necessary infrastructure improvements in order to employ the new system. Trustee Rosenberg noted that this matter has not been discussed with the Telecommunications Committee. He wanted to be sure that other options have been reviewed even though the phone service is currently on borrowed time. The new telephone services effect Village Hall, Fire, and the Police Department. Voice over IP phones are routed differently and, for instance, if you dial 911 from Village Hall you may not reach the police department right downstairs but will be connected to the New York State Police. He felt that this was something to point out. Mr. Bradbury noted that other vendors were looked at. The experiences of other municipalities were reviewed. It was noted that with Voice over IP phone systems when the power goes out so do the phones. Mayor Feinstein noted that the maintenance is included with Optimum Lightpath. Mr. Burke noted that in December and again in January the Village's voice mail went out. In order to get a new voice mail system, with an updated operating system, it would cost approximately $12,000.00 for downstairs Board of Trustees Meeting May 12,2009 Page 13 and that does not include new phones. The current phones can no longer be refurbished or replaced. The contract is up in mid-July. The staff has been working on this contract. With the proposed new system you get new phone sets every six (6) years and the maintenance is built in. This system is less costly than the current system. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Nay Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE AWARD OF CONTRACT 09-02: SUPPLY AND INSTALLATION OF STANDBY GENERATOR AT THE AJP COMMUNITY CENTER Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT#09-02 SUPPLY AND INSTALLATION OF STANDBY GENERATOR AT THE AJP COMMUNITY CENTER WHEREAS, the Village of Rye Brook has solicited bids for Contract 09-02 "Supply and installation of standby generator at the AJP Community Center"; and Board of Trustees Meeting May 12,2009 Page 14 WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook on April 9th, 12t", 15th, 19t" and 22nd 2009; and WHEREAS, on Wednesday, April 29th 2009 at 10:00 a.m., all bids received were opened as summarized below: BIDDER TOTAL BID BID BOND RDC Company of New York. $96,137.50 Yes Richard Hansen Electric Corp. $103,060.00 Yes Rigid Enterprises Elec. Contract. Corp. $113,000.00 Yes Lippolis Electric Inc. $116,000.00 Yes D&M Electrical Contracting,Inc $116,999.00 Yes Zaccagnino Electric $118,212.00 Yes Baldwin Electric Corp. $123,000.00 Yes Elite Electrical Enterprises, Inc. $124,920.00 Yes Blume Electric,Inc. $123,495.00 Yes Foremost Electrical Corporation $148,650.00 Yes and; WHEREAS, upon reviewing the bids, the Assistant Civil Engineer determined that RDC Company of New York 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#09-02 "Supply and installation of standby generator at the AJP Community Center" to RDC Company of New York, for the total bid price of$96,137.50; 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. Board of Trustees Meeting May 12,2009 Page 15 Mr. Bradbury reviewed the locations of other generators within the Village. It was noted that this item was budgeted in the prior year. The Senior Center is the designated warming/cooling area for the Village. The Community Center is not a considered a shelter, but when there are heating and cooling issues, people tend to go to the Community Center for relief None of the schools have generators. Trustee Santon was opposed to this purchase, citing cost as a factor. He also noted that the AJP Center is not considered a shelter. Trustee Sanders Romano noted that electrical work was included in the bids. Chief Gregory Austin noted that the AJP Center is under the jurisdiction of the Village and can be opened and closed at any time. It would not be an ideal place to be used as shelter in a storm, but if there is a fire and people are displaced it can be used as a shelter. None of the schools in the area have generators. Trustee Santon noted that there is capital work to be done at the Center, such as roof repair. Mr. Bradbury noted that the scope of work is being developed. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Nay Mayor Joan L. Feinstein Voting Nay 5) CONSIDERING AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER Mr. Bradbury read the following resolution: Board of Trustees Meeting May 12,2009 Page 16 RESOLUTION CONSIDER AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Senior Citizen Coordinator to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was adopted. Mr. David 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 6) CONSIDERING THE APPROVAL OF MINUTES: Board of Trustees Meeting May 12,2009 Page 17 February 10, 2009; February 24, 2009; March 10, 2009 It was noted that the January, 2009 summary and March 24, 2009 summary were approved at the prior meeting. The consensus of the Board was to hold over the March 10, 2009, April 14, 2009, and April 28, 2009 summaries to allow Board members additional time to review the summaries and make comments. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the February summaries were approved. Mr. David 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 noted that there were three (3) other resolutions added to the agenda with the consensus of the Board: CONSIDERING TEMPORARY MODIFICATIONS TO THE POSITION OF ASSISTANT ENGINEER WHEREAS, the Village of Rye Brook is in need of an existing employee to be designated as Acting Engineer; and WHEREAS, The Village Administrator has recommended that Michal Nowak, Assistant Engineer, be assigned to the position of Acting Engineer; and WHEREAS, these additional responsibilities should be duly compensated until such time as the Village is able to appoint a permanent Engineer. NOW THEREFORE BE IT RESOLVED, that the Village Board, in recognition of these additional responsibilities as Acting Engineer,hereby agrees to provide Michal Nowak with certain benefits as outlined in the letter from the Administrator dated May 5, 2009, including a stipend of$500 per month and the use of a Board of Trustees Meeting May 12,2009 Page 18 take-home vehicle in accordance with the Village's Employer-Provided Automobile Policy; and BE IT FURTHER RESOLVED, that these benefits shall be retroactive to May 4, 2009. It was noted that Michel is stepping up and accepting additional responsibilities as a result of vacancy caused by Mr. Victor Carosi's acceptance of another position. Mr. Nowak will now hold the title of Acting Village Engineer. The Board thanked Mr. Nowak for stepping up to the plate and helping out. TRUSTEE BROWN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE ENDORSEMENT OF MODIFICATIONS TO THE RESPONSIBILITIES OF AN MOTOR EQUIPMENT OPERATOR(MEO) AND A LEAD MAINTENANCE MECHANIC—AUTOMOTIVE,AND APPROVING COMPENSATION WHEREAS, the Village of Rye Brook has decided to restructure the supervisory responsibilities in the public works department by not filling the administrative General Foreman position and providing additional responsibilities to an MEO and the Lead Maintenance Mechanic—Automotive. NOW THEREFORE BE IT RESOLVED, that the Village Board, in recognition of these additional responsibilities, hereby agrees to provide additional compensation to an MEO and the Lead Maintenance Mechanic—Automotive as outlined in the letters from the Administrator dated May 12, 2009, including the following compensation: 1) An MEO/working foreman salary shall be increased to $77,000 and shall be assigned a cell phone and a take-home vehicle in accordance with the Village's Employer-Provided Automobile Policy. Board of Trustees Meeting May 12,2009 Page 19 2) The Lead Maintenance Mechanic - Automotive salary shall be increased to $75,841; and BE IT FURTHER RESOLVED, that these benefits shall be retroactive to May 4, 2009. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. David 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 Mr. Bradbury noted that this is a restructuring. The General Foreman passed away and the Village has restructured the department without replacing the position. The employees are taking on additional responsibilities. It was noted that a letter was received from Sergio Brasesco of 28 Red Roof Drive requesting permission to hold the pre-prom celebration at his residence on June 11, 2009. This home is located on a cul-de-sac, which offers additional parking. The police department has been informed, and the details will be worked out. Mr. Bradbury read the following resolution: CONSIDERING THE USE OF RED ROOF DRIVE FOR THE SENIOR CLASS PRE PROM RESOLVED, that the use of Red Roof Drive on Thursday, June 11, 2009 from 5:OOPM to 7:OOPM for the Blind Brook Senior Class Pre Prom is hereby approved with the terms to be established by the Rye Brook Police Department. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. Mr. David Burke called the roll: Board of Trustees Meeting May 12,2009 Page 20 Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the Administrator's Report: ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the Village will have a new sanitation service provider as of June 1, 2009. AAA is working with the Village to ensure a seamless transition. At this time they are shadowing the current vendor, trying to ensure that they will be able to locate all garbage cans within the Village. Mayor Feinstein stated that she was preparing a letter to be published in the Westmore News regarding the transition. Information about the new vendor and pick up schedules will be posted on the Village's website. If residents have problems, they should contact the Public Works Department. Mr. Bradbury stated that the Village is working with the school district and has several students working in Village Hall for community service. It was noted that there is a lot of work going on in the Village which includes beautification, work on storm drains, and the proposed detention basin. Additional projects have been put out to bid, including the Harkness tennis court work and the proposed work on Eagle's Bluff drainage. Mr. Bradbury noted that the sewerage pump stations have been experiencing problems but are still operating. There are some funds allocated in the current budget for repairs on one of the pump stations. Also discussed was the proposed work to be done at the AJP Center, noting that the electrical work is not as extensive as first thought. There is a public pathway located at the Arbors, which is available for use by all residents. It was noted that anyone walking their dogs must clean up after them. A sign that was installed by the Arbors was deemed inappropriate by the Village Board of Trustees Meeting May 12,2009 Page 21 and removed. Anyone using this pathway should be respectful of the private community. Deputy Mayor Rosenberg called for the discussion item under Old Business: OLD BUSINESS: 1) REVIEWING THE PROPOSAL FOR A STUDY OF THE CENTRAL BUSINESS DISTRICT & RESIDENTIAL/ LANDSCAPING DESIGN GUIDELINES Deputy Mayor Rosenberg noted that the Comprehensive Plan has been placed on hold because of the current economic situation. The Board requested a subcommittee go back and discuss mini-comprehensive plans. Some of the costs and scope of the work has been presented to the Board of Trustees. Trustee Sanders Romano noted that when initially discussed, there were several mini-plans in mind. The budget put in place was $100,000, but this amount was what would have been spent to begin the Comprehensive Plan. She felt that they needed to go back to the drawing board or table this issue for a while. One item that was to be addressed was the issue of the Blind Brook Country Club and the possibility of it ever being sold, which is a concern for the Village. Trustee Santon noted that there are several very large tracts of land that are recreational and they should remain recreational, and this includes the Blind Brook Club property. He felt that if the Village truly wanted to preserve open space, this matter should be addressed. Mr. Bradbury noted that a proposal was being prepared by Keane and Beane and F.P. Clark and Associates, and it would be before the Board in approximately two (2) meetings. DISCUSSION ITEMS: 1) GRANT APPLICATION TO STUDY BECOMING A CO- TERMINUS TOWN/VILLAGE Board of Trustees Meeting May 12,2009 Page 22 Mayor Feinstein noted that she has met with Mayor Pilla about a joint grant application between Port Chester and Rye Brook. There is grant money out there and an application must be filed. She noted that she also will be meeting with Supervisor Carvin and the Mayor of Mamaroneck. It would be irresponsible for the Village not to look at this in this economic environment. Supervisor Carvin wants to look at several different alternatives. She suggested a commission be put together to discuss grant monies. Trustee Santon felt that the Town of Rye should be left out of the application process for grant money. He felt that Rye Brook should continue to meet with the mayors of the surrounding municipalities. 2) STATUS OF ENCROACHMENTS ONTO MUNICIPAL PROPERTY Trustee Santon felt that the Village needed to stay on track and treat all residents that encroach on Village property in the same way. He felt that it is fair that all residents know that no encroachment will be allowed on Village property. The residents who are found to be encroaching must be contacted and informed of the encroachment. All encroachments should be dealt with uniformly. Mr. Bradbury stated that staff has been prioritizing the issues of encroachment, and has found that there are approximately a dozen instances that need to be dealt with. Mayor Feinstein called for the final item on the agenda: 3) PLANTING OF SHADE TREES ON MUNICIPAL PROPERTY Trustee Santon noted that trees are planted in the Village's right-of-way. The plan is to plant 46 trees within the Village's right-of-way. Some of the trees are replacement trees, and some trees are being planted at the request of residents. This is being done in an attempt to maintain the streetscape. Board of Trustees Meeting May 12,2009 Page 23 There are funds pending from Westchester County, approximately $10,000.00, that will be applied to tree planting. Mayor Feinstein noted that the next Regular Trustees Meetings were scheduled for May 26th and June 9th There being no further business before the Board, the meeting was adjourned at 10:45 p.m. Board of Trustees Meeting May 12,2009 Page 24