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HomeMy WebLinkAbout2009-06-09 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 9, 2009-7:30 P.M. AGENDA 7:00 PM– Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE RESOLUTIONS: 1) Authorizing the Village or Rye Brook to enter into an agreement with property owners 2) Considering the support for a Police Department application to the NYS Division of Criminal Justice Services Accreditation Panel to become an Accredited Agency 3) Considering the Award of Contract 09-06: Harkness Park Tennis Court Improvements 4) Considering the Award of Contract 09-09: Electrical repairs at AJP Community Center 5) Considering an Emergency Medical Transportation Agreement between the Village of Rye Brook and the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc. 6) Considering the authorization of funds for the implementation of a program study by Adwar Video for cable television improvements Board of Trustees Meeting June 9,2009 Page 1 7) Setting a public hearing to consider a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding parking violations 8) Removing closed Capital Projects from the Project Length Schedule 9) Considering entering into a revocable permit agreement with SUNY Purchase for use of certain facilities by the Village Recreation Department 10) Appointment of Assistant to the Administrator 11) Considering the approval of minutes: April 14, 2009; April 28, 2009; May 12, 2009; and May 26, 2009 ADMINISTRATOR'S REPORT DISCUSSION ITEMS: (1) Proposal by FP Clark Associates, Inc. and Keane and Beane, P.C. for a Recreation Zone Study (2) Status of Various Illegal Subdivisions (3) Follow up on the November, 2008 Board of Trustees discussion regarding education outreach regarding watercourses/wetlands (4) Status of various AHOA code compliance matters ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: June 23, 2009 and July 14, 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 June 9,2009 Page 2 STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan Feinstein welcomed everyone to the June 9, 2009 Regular Board of Trustees Meeting. She noted that item #1 would be postponed until the arrival of Village Counsel. She called for the second matter on the agenda: 2) CONSIDERING THE SUPPORT FOR A POLICE DEPARTMENT APPLICATION TO THE NYS DIVISION OF CRIMINAL JUSTICE SERVICES ACCREDITATION PANEL TO BECOME AN ACCREDITED AGENCY Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE SUPPORT FOR A POLICE DEPARTMENT APPLICATION TO THE NYS DIVISION OF CRIMINAL JUSTICE SERVICES ACCREDITATION PANEL TO BECOME AN ACCREDITED AGENCY WHEREAS, The New York State Division of Criminal Justice Services offers accreditation to Police Departments throughout New York State; and WHEREAS, the accreditation process lasts between 18 and 24 months; and WHEREAS, Rye Brook policies and procedures would be analyzed and modified to meet applicable program standards in the following areas: (1) Increase the effectiveness and efficiency by utilizing existing personnel, equipment and facilities to the extend possible (2) Promote increased cooperation and coordination among law enforcement agencies and other agencies of the criminal justice system Board of Trustees Meeting June 9,2009 Page 3 (3) Ensure the appropriate training of law enforcement personnel (4) Promote public confidence in law enforcement; and WHEREAS, the Village of Rye Brook Police Department desires to become an accredited agency. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby endorses the application to become an accredited agency through the New York State Division of Criminal Justice Services; and be it RESOLVED, the Mayor, Administrator and Police Chief are hereby authorized to sign any documents necessary to accomplish the purpose of this resolution. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Michael Brown, the matter was opened for discussion. Chief Gregory Austin noted that the Police Department was very excited about becoming accredited through the New York State Division of Criminal Justice Services. This is a process where a complete auditing of the police department can be accomplished; a head-to-toe assessment. The procedure manual has been reviewed and is in the process of being updated. It was found that, the more the manual is updated, the more the police department needs a map in order to get more sufficient use of services. Accreditation was explored and reviewed and a workshop was attended. Through review it was learned that Accreditation looks at aspects of how police departments operate. This will be a department wide-process where all of the officers will be involved in this process. Rye Brook will be mentored by Chief Joe Schnell through the International Association of Chiefs of Police. Mayor Feinstein questioned overtime expenses and who would be working on this project. Chief Austin noted that this project will take a year to a year and a half to complete the entire process. Lt. Matthews will be the responsible individual for this project. His work load has been shifted to other officers to allow him the time to get this done. The state will be reviewing the process. Board of Trustees Meeting June 9,2009 Page 4 Trustee Patricia Sanders Romano questioned the length of time for being accredited. Chief Austin noted that the police department will receive accreditation for five years. This is an ongoing process. It includes a updating and maintaining policies, and proving that the process is being followed through. Everything has to be in place for three months before the review process starts. Mayor Feinstein noted that prior Board of Trustees suggested accreditation. This is a good step and if during the review it is found that change is necessary, change will take place. Trustee Paul Rosenberg asked what other police forces in the area are accredited, and whether or not this gives the Village an edge in applying for grants. Chief Austin noted that now the Village will have an edge because more standards will be in place which means more requirements necessary to apply for many of the grants are in place. There will be a mechanism for review. Chief Austin noted that Rye, Mt. Pleasant, New Castle, Ossining, Hastings, Bedford, Dobbs Ferry, Elmsford, Hastings, Scarsdale, and Tuckahoe are some police departments that have been accredited. On a motion made by Trustee Patricia Sanders Romano and seconded by Trustee Michael Brown, the resolution was adopted amended. Mr. David Burke, Assistant to the 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 3) CONSIDERING THE AWARD OF CONTRACT 09-06: HARKNESS PARK TENNIS COURT IMPROVEMENTS Mr. Bradbury read the following resolution: Board of Trustees Meeting June 9,2009 Page 5 RESOLUTION AWARDING CONTRACT 09-06: HARKNESS PARK TENNIS COURT IMPROVEMENTS WHEREAS, the Village of Rye Brook has solicited bids for contract #09-06 "Harkness Park Tennis Court Improvements"; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on May 1st, 2009; and WHEREAS, at 10:00 a.m., Thursday, May 21st, 2009, all bids received were opened as summarized below; and BIDDER BID AMOUNT ALT.No.1 BID BOND/CHECK Oval Tennis, Inc. $179,500 $20,000 Yes Peter J. Landi, Inc. $187,000 $31,000 Yes Vernon Hills Contracting $208,464 $31,404 Yes DeRosa Tennis Contractors $229,000 $31,000 Yes WHEREAS, upon reviewing the bids, the Village Consulting Engineer, h in h Site and Sport Design has determined that the lowest responsible bidder meeting the requirements of the contract documents is Oval Tennis Inc. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #09-06 "Harkness Park Tennis Court Improvements" is hereby awarded to Oval Tennis, Inc., for the total bid price of$179,500; 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. On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the resolution was opened for discussion. It was noted that this court is in need of repair. Simply resurfacing this court will not accomplish the repair work that is needed. The court is unusable at this point. The Village has gotten many decades of use out of the court and now is the time to do the repair work. Drainage will also be replaced and improved upon with this project. This project was to be funded through a serial bond. The Board of Trustees has considered an Board of Trustees Meeting June 9,2009 Page 6 alternate surface. It is a special surface that carries with it a 20 year guarantee. It makes sense for the Village to consider this alternate surface. Mayor Feinstein noted that she was very cognizant of the budget amounts. This matter will come back to the Board. The alternate surface, if chosen, should be done by the contractor on-site. Trustee Sanders Romano asked that if the contract is signed whether or not it locks in the alternate price. Mr. Bradbury stated that the Village will be able to work with the contractor. Trustee Rosenberg asked when work would be started. Mr. Bradbury noted that the goal is to have the work completed over the summer. Trustee Dean Santon noted that he never saw any plans. Mr. Bradbury noted that there are plans and they were in the bid documents, and if Trustee Santon has not viewed them he could be given the opportunity to review them. Trustee Santon felt that there were other issues still to be discussed. He questioned where the pipe replacement work begins and ends. He understood that the piping goes under the court. Mayor Feinstein noted that the Village's staff would be working with the professionals regarding drainage. Trustee Santon felt that further discussion was warranted. The consensus of the Board was to adjourned the matter to the end of the meeting to allow Trustee Santon the opportunity of reviewing the plans. Mayor Feinstein called for item #1: 1) AUTHORIZING THE VILLAGE OR RYE BROOK TO ENTER INTO AN AGREEMENT WITH PROPERTY OWNERS Mr. Bradbury read the following resolution: Board of Trustees Meeting June 9,2009 Page 7 RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN AGREEMENT WITH PROPERTY OWNERS WHEREAS the Village of Rye Brook was in receipt of an application for subdivision from the owners of the property at 44 & 46 Lincoln Avenue to confirm a prior apportionment of a certain common driveway into three separate sections; and WHEREAS, a dispute arose with respect to the prior apportionment of the common driveway between the Village and the owners of the various portions of the driveway; and WHEREAS, the Village of Rye Brook and the various owners of said driveway wish to resolve this dispute without necessity of judicial intervention or further administrative proceedings by executing an agreement (the "Agreement") which will accomplish the merge for the portions in issue into one tax lot; and WHEREAS, the Agreement will be filed in the Westchester County Clerk's Office, Division of Land Records, which Agreement shall run with the land and shall be binding on all future owners. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into the Agreement with Kip Konigsberg, Kathy Konigsberg, Frank J. Drazka, Melissa A. Drazka and Marcy Klein; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Agreement and deliver all necessary documents to accomplish this resolution. On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the resolution was adopted amended. Mayor Feinstein noted that this matter has a long history. She called upon Village's Counsel for a brief overview. Board of Trustees Meeting June 9,2009 Page 8 Edward Beane, Esq., Village Counsel, began his presentation to the Board — reviewing the history of the matter. He noted that he had personal knowledge from 2004. In 1996 there was an undivided parcel of 20' in width. In July 1996 the first subdivision happened and the 20' was divided in two parcels. Next four parcels were created out of this 20' wide strip of property, with a 10' strip becoming three separate strips. In 2000, the Tax Assessor's office was responsible for one of the subdivisions. In 2003 the other strip was further divided into two strips. In 2004, when the Village had notice of this, the Village Attorney put all three individuals involved in the illegal subdivision on notice; explaining to them that this was done improperly, without review or permission and therefore the subdivision was not legal. From that point there have been efforts to resolve this matter. The resolution now before the Board of Trustees gives each of the three owners a portion of the 10' strip. It also creates a new tax lot. This is a matter that has to come to an end in such a way that it avoids expensive litigation. It basically fixes a part of the subdivision and gets it back to where it was before the 10' strip was divided. The Village's Attorney has deemed this the most appropriate course to take, and he has recommended that the Board of Trustees sign the document now before them. It was noted that this resolution does not create a precedent for the Village. This is a unique situation. Mayor Feinstein asked Mr. Beane what action the Board of Trustees can take to preclude this type of situation from ever happening again. Mr. Beane noted that when this was discovered by Trustee Santon, his office immediately wrote a letter to the Assessor. This letter made it absolutely clear that there would be no creation of new tax lots for any reason by the Tax Assessor or his office. This letter was written on August 23, 2000. Since that time this has not happened again, and it will not happen again. There are unique circumstances in connection with this particular issue. Signing the resolution is not an admission, by anyone, that anything was done wrong. One of the things that happened in this process is that this matter was brought before the Zoning Board of Appeals. The Zoning Board's position was that they did not create the problem and they directed the property owners to get together and fix it. If they had granted a variance it would have been precedential. Mayor Feinstein noted this is an issue that goes back thirteen years. It not only involves property owners, but mortgage and title companies as well. Adopting the resolution before the Board undoes three out of the four subdivisions. Mr. Beane stated that matter would involve multi-litigation Board of Trustees Meeting June 9,2009 Page 9 and could take years. The title companies would take defensive action against the Village and the developer. The Village has a choice. They can say that the subdivision is illegal and they must take affirmative steps to nullify. At this point, if this Board decides not to do anything then, in essence, there will be an extraordinarily strong evidence of Latches. For the benefit of the Village, Mr. Beane made the recommendation that this matter be voted on and that the resolution be approved. The Village would be very hard-pressed to sustain its position in this type of litigation. Mayor Feinstein noted that in January there was one other party to this proposed agreement and that was the Blind Brook School District. The residents that own the strip are eligible to send their children to Blind Brook Schools. The School District decided that they did not want to be a part of the action. Trustee Santon noted that this is a very tedious, multi-year process. Essentially it started in 1950 with a large parcel in Harrison and Rye Brook. The parcel was divided and a portion was sold. Each property owner decided to put in 10' of their property and share the driveway. There was an easement agreement. That continued to 1996 when Kip and Kathy Konigsberg bought the property and then turned around and flipped a portion of it. This was illegal subdivision #1. The 10' portion of the right- away was served from the Rye Brook parcel. Next, in 2000, Mr. Konigsberg sold the house in Harrison and severs the 10' strip again. He then purchases a five-acre parcel in Harrison, and then subdivides this parcel. What you have at the end of the end is 5', 2 '/z' and 2 '/z' split— one small portion of land carved into three small slivers allowing access to the Blind Brook School District. Thus the School District has the right to be involved in the litigation. Mr. Beane's letter puts the property owners on notice. The proper forum to correct this situation was to seek a variance. The application went before the Zoning Board of Appeals who refused to address the matter because it realized that it did not have jurisdiction. In fact, the Zoning Board told the applicants to fix it themselves. The matter was then withdrawn without prejudice. Now the applicants are looking to create a sub-standard lot which is their idea of fixing things. Variances should be required. For example variances should be required for the frontage and lot size. Granting these variances would create a precedent. Trustee Santon felt that the Village Board was trying to avoid forcing residents to comply with the Village Code because of the threat of litigation. Board of Trustees Meeting June 9,2009 Page 10 Mr. Beane noted that the original splitting of the 20' driveway into 10' strips had nothing to do with the Tax Assessor, but slicing up of one of the 10' strips was caused by the Tax Assessor. This is a fact that cannot be ignored. Another fact is that this Board has the right to settle litigation. Trustee Santon noted that there is an agreement before the Village that is missing the exhibits. The Village does not have the composite map, the survey, or the letters from the title company that was allegedly faxed to the office of Keane and Beane. The Village has asked that the applicants comply with the Village's Code. The Tax Assessor of the Town of Harrison has issues with this matter. Now the applicants are threatening litigation and they expect the Board of Trustees to grant the variances. Mr. Beane noted that Trustees Santon and Rosenberg requested copies of the letters in his file. He noted that he did not have any letters and made a request to one of the applicants for copies of letters in their possession. A letter to Chicago Title shows that there are real lawsuits pending. The idea was for the title company to defend one of the property owners. The Village did not do anything wrong but the Village would do very well not getting directly involved in this type of litigation that could go on for years and years. It is important to note that the only part that the Village plays in this agreement is to approve the tax lot. The Village is not involved in maintenance or easement issues. Once put into place, this agreement cannot be undone. Trustee Rosenberg noted that this is a mess that was deliberately caused by Mr. Kongisberg for a parcel of land located in the Blind Brook School District. Residents stand before the Planning Board and Zoning Board all the time with applications and requests for variances. He felt that it was unfair to ask the Village Board to approve this matter without going through the proper channels. He stated that he was angry about this issue and the amount of time spent trying to rectify it. He noted, however, that litigation would cost the taxpayers of the Village a large amount of money that they should not have to spend. The developer caused these problems and now everyone is looking towards the Village Board to make everything right. This is a very difficult decision. Trustee Sanders Romano agreed with Trustee Rosenberg. She felt like the Village Board has been placed between a rock and a hard place. She noted that she was on the Planning Board when this matter was addressed by that Board of Trustees Meeting June 9,2009 Page 11 Board. She was reluctant to see this matter bounced around any longer. Economically this matter needs to be put to rest. Trustee Brown clarified that if there was a lawsuit for a judgment this matter would not be covered by any insurance policy. Mr. Beane noted that his job was to protect the Village, and his recommendations at this time would do just that. Trustee Brown noted that if there was litigation there could be a huge expense. In addition, a judicial decision does create a precedent. He noted that the court could put everything back into Rye Brook and grant an easement. He questioned why Mr. Beane felt that this would not happen. Mr. Beane noted that the issue of the school district would be part of the litigation, but no one knows what the parties to this matter knew or didn't know. No one can be sure how the court will decide. Trustee Brown questioned why the easement was not entered into. Bruno Gioffre, Esq. noted that his firm represents Frank Draska and his wife and Marcy Klein. He stated that his firm did not represent these individuals when they received title, but was retained after the applicants weregiven notice that this issue must be corrected. The Zoning Board of Appeals directed that the applicants should resolve this issue. The critical fact is that the problem is the result of the ruling from an official representative of the Village of Rye Brook. The Tax Assessor gave permission for this subdivision. Therefore, substantial one-family dwellings were created and are part of the community as a result of this permission. He felt that the court would view this matter on a pragmatic basis in order resolve this issue. The resolution now before the Board is both sensible and economical. It is time to put this to bed. He respectfully requested that this resolution be signed off and put to bed so that everyone can move on. Mayor Feinstein noted that this is not a perfect solution, but it is time to move on. We are now stuck in this quagmire, unsure of what the court of law would do. She stated that she is not afraid of litigation but she did not want the taxpayers to incur the cost of litigation. This issue has been considered in a very practical manner. Trustee Santon noted that the Assessor has the right to create a tax lot. There was another matter in the Village that was undone by the Tax Assessor. He noted that Attorney Gioffre did not represent Mr. & Mrs. Konigsberg. Mr. Gioffre stated that Mr. Konigsberg has joined in the Board of Trustees Meeting June 9,2009 Page 12 application, becoming the co-applicant. Mr. Gioffre also noted that the most directly effected property owner was not in opposition to this application. Trustee Santon asked what the hardship would be in returning the 10' strip to one parcel and creating an easement. Mr. Gioffre noted that the applicants were directed by the Zoning Board of Appeals to solve this. After much review and discussion they have chosen this form of common ownership. It would be unfair to say to the applicants start all over again. He also reiterated that adopting this resolution would not create a precedent whereas a judgment by a court of law would. Trustee Santon noted that an illegal subdivision was created and he requested that the parties reunite the property and create an easement. Mr. Gioffre pointed out that their mortgages cover these specific parcels. Mayor Feinstein stated that discussion on this matter has been exhausted. Trustee Santon questioned the rush was to approve this matter. He stated that the Board has not had the opportunity to review the survey. Mayor Feinstein felt that the survey review was minuscule. The Board's approval could be subject to Exhibit A, the survey, being reviewed by Village Counsel. Mr. Beane noted that the key was to grant the authorization. Trustee Santon felt that missing the Exhibit was a major issue. There is a key issue is the Village's authorization to move forward. The purpose of this resolution is to authorize the Mayor to sign the agreement which meets the parameters of the Village Board. One of the cardinal rules of contract is the rights of individuals to enter into agreements. Mayor Feinstein noted that the resolution could be amended. Trustee Brown asked for amendments to the agreement itself. He expressed concern that the wording would allow another document to override this document. Mr. Beane stressed that the only part that the Village plays in this agreement is the creation of the tax lot. The Village is not involved in maintenance issues. He asked that the words "any owners or future owners" be added. It was pointed out that the agreement was drafted by Mr. Gioffre's office. Trustee Rosenberg made a motion to strike paragraph #4 and amend the document to be subject to the Village's Counsel's review of Exhibit A. Board of Trustees Meeting June 9,2009 Page 13 Mayor Feinstein reiterated Mr. Beane's statement that the Village is not a party to the terms of the agreement. Trustee Rosenberg noted that his frustration here is with the person that created this problem and not with the current homeowners. The Village Board is simply creating a new tax lot. Mayor Feinstein requested an Executive Session to discussion one issue with the Village's Attorney. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the Board went into an Executive Session at 9:34 p.m. The Board returned at 9:55 p.m. and went back on the record. It was noted that the Board requested that Counsel amend the resolution to show that the agreement runs with the land and not with the property ownership. The video tape of this meeting is to be made a permanent part of the record. Mr. Beane noted that the Board is authorizing an agreement that conforms to the substance of the motion in that it only acknowledges on behalf of the Village the creation of the tax lot. This agreement runs with the land. The record of this resolution will be made a permanent part of the record. The final agreement will have Schedule "A" attached and will be shown to the Village Board for approval but will not be brought before the Village Board a second time. Mayor Feinstein stressed that the language added to the resolution shows that the sole purpose the Village Board plays is to acknowledge the creation of the tax lot and to prevent any sort of transfer in the future. She reiterated that the minutes and video and audio tapes will become part of the resolution. Trustee Rosenberg stated that the Board was consenting to the agreement to create a tax lot. He made a motion to re-word the resolution to address the spirit of the action. Mayor Feinstein called for the consensus of the Board, and after a final brief discussion the matter was temporary adjourned. Mayor Feinstein re-called item #3 before the Board. Mr. Bradbury was called upon to respond to the Board's concern regarding drainage work to be performed at the Harkness Park Tennis Court improvements. Mr. Bradbury stated that he Board of Trustees Meeting June 9,2009 Page 14 reviewed the plans and found that there is no storm line work proposed for this project. This type of drainage work can be done at a later date. Currently the storm line budget is $85,000.00. Mr. Burke called the roll for the resolution regarding Harkness Park: 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 4) CONSIDERING THE AWARD OF CONTRACT 09-09: ELECTRICAL REPAIRS AT AJP COMMUNITY CENTER Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT#09-09 ELECTRICAL WORK AT THE AJP COMMUNITY CENTER WHEREAS, the Village of Rye Brook has solicited bids for Contract 09- 09 "Electrical work at the AJP Community Center;" and WHEREAS, public notice was duly advertised in the official newspaper of the Village of Rye Brook; May 22 and 23 of 2009; and WHEREAS, on Wednesday, May 28th 2009 at 10:00 a.m., all bids received were opened as summarized below: BIDDER TOTAL BID BID BOND 1. The RDC Company of NY Inc. $28,900.00 Yes 2. Richard Hansen $38,100.00 Yes 3. Scmitt and O'Brien $47,000.00 No 4. Zaccagnino Electric $49,266.00 Yes and; Board of Trustees Meeting June 9,2009 Page 15 WHEREAS, upon reviewing the bids, the Acting Village Engineer determined that The RDC Company of New York Inc. of White Plains, 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 #09-09 "Electrical work at the AJP Community Center" to The RDC Company of New York Inc. of White Plains, New York, for the total bid price of$28,900.00; BE IT FURTHER RESOLVED, that the funds for this project be transferred from the 08-09 contingency fund; 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. On a motion made by Trustee Santon, as amended, and seconded by Trustee Sanders Romano, the resolution was adopted amended. Mr. David Burke, Assistant to the 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 5) CONSIDERING A EMERGENCY MEDICAL TRANSPORTATION AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE PORT CHESTER-RYE-RYE BROOK VOLUNTEER AMBULANCE CORPS, INC. Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees Meeting June 9,2009 Page 16 CONSIDERING A EMERGENCY MEDICAL TRANSPORTATION AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE PORT CHESTER-RYE-RYE BROOK VOLUNTEER AMBULANCE CORPS, INC. WHEREAS, The Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc. has presented a new Emergency Medical Transport Agreement. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into a Emergency Medical Transportation Agreement with the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc., along with the City of Rye and the Village of Port Chester for the term beginning July 1, 2009 through June 30, 2014; and be it further RESOLVED, that the Mayor is authorized to execute and deliver any and all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that this agreement was being modified. The extension agreement was approved by the Village of Rye Brook. The Village of Port Chester and the City of Rye made a one sentence amendment to the agreement. The language change meant that the entire agreement needed to be approved again. The agreement was never executed because the other two parties had not signed. Mayor Feinstein noted that Rye Brook is very satisfied with the level of service provided by the EMS. Trustee Rosenberg did not want to be a party to this resolution. Mayor Feinstein noted that the Ambulance Corps was comfortable with the wording. She also noted that she has had many conversations with Mayor Pilla. It was the City of Rye that requested the language change. After the issue blossomed it took on a life of its own. Everyone is completely satisfied with the Volunteer Ambulance Corps. Trustee Sanders Romano stated that the resolution should express the Village Board's satisfaction with the EMS. Board of Trustees Meeting June 9,2009 Page 17 On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted amended. 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 AUTHORIZATION OF FUNDS FOR THE IMPLEMENTATION OF A PROGRAM STUDY BY ADWAR VIDEO FOR CABLE TELEVISION IMPROVEMENTS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE IMPLEMENTATION OF A PROGRAM STUDY BY ADWAR VIDEO FOR CABLE TELEVISION IMPROVEMENTS WHEREAS, the Technology and Communications. Commission of the Village of Rye Brook explored several systems to upgrade the current cablecast system from analog to digital, enabling both Government and Public Access cable broadcasts and employing a web based digital signage system; and WHEREAS, the Technology and Communications Commission reviewed several different products and agreed the Tightrope Media System would best accomplish these goals; and WHEREAS, a Request for Proposal (RFP) was distributed to seven (7) authorized retailers of the Tightrope Media System and two (2) responses were received; and Board of Trustees Meeting June 9,2009 Page 18 WHEREAS, on January 15, 2009 the Technology and Communications Commission unanimously agreed to recommend to the Board of Trustees that funds be expended to perform the study to evaluate our current cable television system, assess our current needs and design a framework to integrate the Tightrope Media System; and WHEREAS, at the January 27, 2009 Board of Trustees meeting the necessary funds were authorized to perform the study; and WHEREAS, the Village received the study from Adwar Video on May 1, 2009 and said study was discussed at the May 7 and June 4, 2009 Technology and Communications Commission meetings; and WHEREAS, the Technology and Communications Commission of the Village of Rye Brook endorsed the study at their meeting on June 4, 2009 and recommends Adwar Video be hired to implement said study for the upgrade of our current cablecast system. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby authorizes the expenditure of $34,877.70 to Adwar Video to accomplish the purpose of said study. Trustee Rosenberg spoke about the background of this matter. He noted that there were two franchise agreements in place; Cablevision and Verizon. Part of the agreements provides for the conveyance of approximately $120,000 from each of the providers. This money is specifically to be used for public and governmental access programming. The current video capabilities in Village Hall is analog based and VCR based. The Village did a study to upgrade the Video capabilities in Village Hall and the proposal is to move to an all digital system, whereby all of the meetings are stored on very large hard drives. The Village will have a lot more flexibility and will not have to depend on the number of VCRs available to playback the meetings. The Village's Telecommunication Committee reviewed this matter. This will give the Village the capability of broadcasting on two channels — public access and education. Once Cablevision makes the modifications out in the field, the Village will have the ability to utilize the public access station. Trustee Santon noted that the cable agreements are ten year agreements. The monies from these two providers are earmarked for this type of project. Board of Trustees Meeting June 9,2009 Page 19 It is approximately $120,000.00 per provider. This is the beginning of the upgrading of the videotaping in Village Hall. There is a wish list for replacing several other pieces of equipment. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the resolution was adopted amended. The roll was called: 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 7) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PARKING VIOLATIONS Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PARKING VIOLATIONS WHEREAS, the Board of Trustees is considering the creation of Chapter 240, Section 30.1 of the Village Code regarding Parking Violations. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on June 23, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Board of Trustees Meeting June 9,2009 Page 20 On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the resolution was adopted amended. Mr. Bradbury noted that the Code Book needs to reference the fee schedule. Chief Austin noted that there has always been a set fee for violations, and the judge hearing the case has the option of reducing it. 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 recalled item #1 before the Board. Mr. Beane noted that there will now be five (5) Be It Resolved clauses. He read the new resolved clauses for the Board's approval. Trustee Rosenberg noted that he made a motion previously, which he withdrew. A new motion was made by Trustee Rosenberg, and seconded by Trustee Brown. AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN AGREEMENT WITH PROPERTY OWNERS WHEREAS the Village of Rye Brook was in receipt of an application for subdivision from the owners of the property at 44 & 46 Lincoln Avenue to confirm a prior apportionment of a certain common driveway into three separate sections; and WHEREAS, a dispute arose with respect to the prior apportionment of the common driveway between the Village and the owners of the various portions of the driveway; and WHEREAS, the Village of Rye Brook and the various owners of said driveway wish to resolve this dispute without necessity of judicial intervention or further administrative proceedings by executing an agreement (the "Agreement") acknowledging the Owners' merger of the portions of the common driveway in issue into one new tax lot; and Board of Trustees Meeting June 9,2009 Page 21 WHEREAS, the Agreement will be filed in the Westchester County Clerk's Office, Division of Land Records, which Agreement shall run with the land and be binding on all future owners. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into the Agreement with Kip Konigsberg, Kathy Konigsberg, Frank J. Drazka, Melissa A. Drazka and Marcy Klein, which shall be for the sole purpose of acknowledging the creation of a new tax lot in the Village of Rye Brook to be owned by the above-referenced parties in a form acceptable to the Village Attorney; and BE IT FURTHER RESOLVED, that the new tax lot shall be depicted on a survey prepared by Donald H. Donnelly, land surveyors, dated June 13, 2002 and revised November 28, 2008, which survey shall be in a form acceptable to the Village Attorney and shall be annexed to the Agreement as Exhibit "A" and shall be deemed to be a part of the Agreement as if fully set forth therein; and BE IT FURTHER RESOLVED, that this Agreement shall run with the land in perpetuity, and shall be recorded in the Westchester County Clerk's office, Division of Land Records; and BE IT FURTHER RESOLVED, that none of the current or future owners of the new tax lot, or their successors and/or assigns shall transfer or convey any interest in this new tax lot, by operation of law or otherwise, unless it is a part of a simultaneous transfer of the owners' entire properties; and BE IT FURTHER RESOLVED, that the video DVD of the Board of Trustees June 9, 2009 meeting relating to the consideration of this matter, including the Board's discussions, deliberations and determinations be permanently preserved and deemed a part of this Resolution as if appended thereto; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute the Agreement and deliver all necessary documents to accomplish its purposes. Mr. David Burke called the roll on the amended resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Nay Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting June 9,2009 Page 22 Mayor Feinstein returned to the agenda, calling for item #8: 8) REMOVING CLOSED CAPITAL PROJECTS FROM THE PROJECT LENGTH SCHEDULE Mr. Bradbury read the following resolution: RESOLUTION REMOVING CLOSED CAPITAL PROJECTS FROM THE PROJECT LENGTH SCHEDULE RESOLVED, that the following closed capital projects as of 5/31/08 be removed from the project length schedule. AMOUNT FUNDING PROJECT AUTHORIZATION EXPENDED GOA GIS System $80,000 $22,370 BAN Upgrade AS400 Computer $75,000 $75,000 System GOA Fingerprint Card Scan System $29,000 $29,000 GOA ICOP Network $15,000 $13,052 GOA Parks Garage Fire $12,000 $12,000 Bays Conversion BAN Pine Ridge Park $150,000 $150,000 Bathroom Facilities BAN Police Vehicles $52,000 $52,000 GOA Staff Vehicle $21,000 $0 GOA Leaf Loader Vacuum Truck $35,000 $35,000 GOA Curb Machine $12,000 $0 GOA John Deere 935 Mower $20,000 $20,000 GOA AJP Community Ctr. Roof $61,000 $45,897 GOA Pine Ridge Tennis $30,000 $15,000 Courts Resurfacing GOA Rye Hills Basketball $40,000 $7,480 Court Resurfacing GOA Harkness Park Fencing $30,000 $30,000 GOA Highway Improvements- $300,000 $291,394 2006 GOA Replace 1994 Ford $125,000 $125,000 Dump Truck GOA Highway Improvements- $353,512 $353,512 GOA Replace AJP Community $24,461 $19,087 Center Tile Floor Board of Trustees Meeting June 9,2009 Page 23 GOA Female Locker Room $41,996 $41,996 GOA/ Sidewalk Replacement $322,539 $302,381 Grant Program GOA Highway Improvements- $425,000 $258,095 2007/2008 AND BE IT FURTHER RESOLVED, that all unexpended general fund monies be reallocated to fund balance. Mr. Bradbury that the funds remaining go back to fund balance. These funds will go back and pay for next year. On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the resolution was adopted amended. The roll was called: 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 9) CONSIDERING ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDER ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of Board of Trustees Meeting June 9,2009 Page 24 New York (hereinafter "Purchase College") from July 6, 2009 to August 14, 2009; and WHEREAS, Purchase College will grant the Village of Rye Brook Recreation Department, a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms; in exchange for a fee of Six Thousand Dollars and Zero Cents ($6,000.00), which is based on a rental fee of One Hundred Fifty Dollars and Zero Cents ($150.00) per hour. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign all necessary documents to implement the Revocable Permit Agreement. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the resolution was adopted amended. Mr. Bradbury noted that the Village will be using SUNY's lifeguards. The fees are based on hourly rates. $8,800.00 is an estimated dollar amount. 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 10) APPOINTMENT OF ASSISTANT TO THE ADMINISTRATOR Board of Trustees Meeting June 9,2009 Page 25 Mr. Bradbury read the following resolution: RESOLUTION APPOINTMENT OF ASSISTANT TO THE VILLAGE ADMINISTRATOR RESOLVED, that David Burke of 52 Elmont Ave., Port Chester, New York, is hereby appointed to the position of Assistant to the Village Administrator with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $46,995 with an effective start date of June 10, 2009. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano the resolution was adopted amended. Mr. Bradbury noted that David was appointed, provisionally. He took the Civil Service exam and is now being officially appointed to the position that he has served the Village for the past several years. David was congratulated by Mr. Bradbury and the Board on his official appointment. The roll was called: 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 11)CONSIDERING THE APPROVAL OF MINUTES: APRIL 14, 2009; APRIL 28, 2009; MAY 12, 2009; MAY 26, 2009 Board of Trustees Meeting June 9,2009 Page 26 Mayor Feinstein added the March 10, 2009 summary to the list of minutes to be approved. She called for a motion to approve the March 10th, April 14th, and April 28th— subject to comments. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the summaries were approved, as amended. The roll was called: 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 the Board will vote on May 12th and May 26th summaries at the next Board of Trustee meeting. Trustee Santon asked that the staff review the summaries before they go to the Board. Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report: ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the Rye Brook Birthday celebration, to be held on June 20th, would include free food for all those that attend thanks to donations received. He reminded all residents that they were invited and hope everyone would attend. The Edgewood Basin will be going out to bid on June 15th. The data is now being put together. The bids will be due back by the end of June. Mr. Bradbury noted that there are more companies biding on projects. The decision could be made as early as July 14th. He noted that there is a state grant in place for this project, and an extension for the grant has been filed. Trustee Rosenberg noted that the construction plans have been forwarded to Dolph Rotfeld. Mr. Bradbury discussed service transition from Suburban Carting to AAA Carting. The Village is communicating with the vendor and residents. He asked for patience from the residents as there is a learning curve for the new vendor. In a few weeks things will settle down. Mr. Bradbury advised that OOPS stickers will be used. When a contaminated load is brought to the dump the Village is fined. Board of Trustees Meeting June 9,2009 Page 27 The most common things are plastic bags in recycling — plastic bags are not recyclable. Yard waste is not recyclable. Mayor Feinstein noted that this is a different vendor with different equipment. No one knows the time for pickups — it can be earlier or later than usual. If any resident has a compliant they should call 914-939-0668. The information about the new sanitation service is on the Village's website. Trustee Santon added that the routes may be done in a different order. The garbage should be at as early as 6:00 a.m., in case your route is first. He felt that the lids should be placed back on the cans, perhaps upside down, and that the cans should be returned where they have been found. Trustee Rosenberg noted that the garbage men are paid to pick up the garbage from the yard. Recyclables and bulk garbage are picked up at the curb. DISCUSSION ITEMS: (1) PROPOSAL BY FP CLARK ASSOCIATES, INC. AND KEANE AND BEANE, P.C. FOR A RECREATION ZONE STUDY Mr. Bradbury noted that this study was initially supposed to be part of the Comprehensive Plan. Two proposals were received. There are four sets of tasks — legal analysis of zoning classifications; identification of the Village owned spaces and parks; identification of open space, and drafting legislation regarding open space. This matter is on for Board discussion to see whether or not the Village should move forward with this portion of the study. Mayor Feinstein questioned the length of time needed to draft the legislation. Mr. Beane noted that it could take that long considering the complexity of the language. Trustee Santon noted that in September of 2003 F.P. Clark was awarded a scope of work. At that time the fee was about $7,000.00 and now it is $6,000.00; less than it was five and a half years ago. He felt that this is a much better work product. He also noted that some of the research is pretty complex. Board of Trustees Meeting June 9,2009 Page 28 Mayor Feinstein asked that this matter be put on the agenda for the next meeting. This study itself could be completed within a month. (2) STATUS OF VARIOUS ILLEGAL SUBDIVISIONS Trustee Santon addressed the development at 16 West Street in Port Chester. He noted that there is a roadway called Jennaway that is located in Rye Brook. It includes a small common area owned by the HOA. He noted that if any work is done on the portion of the property located in Rye Brook the Village must be notified. Mr. Beane was directed to review this matter and report back to the Board. (3) FOLLOW UP ON THE NOVEMBER, 2008 BOARD OF TRUSTEE DISCUSSION REGARDING EDUCATION OUTREACH REGARDING WATERCOURSES/WETLANDS Trustee Santon noted that he spoke with Mr. Bradbury on this matter. The majority of the watercourses in Rye Brook are on privately owned land. Residents need to be educated regarding the care of these areas. Mr. Bradbury noted that he envisioned this as a great task for the Environmental Counsel. There are times when people apply pesticides and they need to understand the effect it has on the brook. The residents of Rye Brook need to be concerned with the Brook. Educational materials can be put together and sent out to the property owners abutting the Brook. The information can be placed on doors of these residents and it may also be a great community service project for high school students. Mayor Feinstein noted that the Environmental Counsel was being reconstituted. She asked any interested resident to contact Mr. Bradbury's office if they wished to serve on the Environmental Counsel Mayor Feinstein called for a few moments of silence for Ken Heller. Mr. Heller, a resident of Rye Brook and former member of the Environmental Counsel recently passed away. His expertise and Board of Trustees Meeting June 9,2009 Page 29 knowledge will be missed. Trustee Santon felt that the Village should honor Mr. Keller by planting a tree in his memory. (4) STATUS OF VARIOUS AHOA CODE COMPLIANCE MATTERS Trustee Santon noted that correspondence was received, without a signature, from the Arbors that had commentary in it that was surprising to the Village. Diane Feinstein and the Arbors Board have embarked on updating the P.U.D. site plan that dates back to the 1970's. There have been changes done over the years that are not on the site plan. The Village is looking to move this along to the next step. Mr. Bradbury noted that he has requested an update. There is some additional work that needs to be done on the survey. In order to move this matter forward the Arbors has hired counsel, Mr. Colangelo. They will now reach out to Keane & Beane. Regarding the clean up of the sewer lines, a company has been contacted to review the work needed along Hillendale. Mayor Feinstein noted that she met with the president of the HOA. Counsel was charged to make sure that things are done correctly, and that all steps have been taken. Trustee Santon noted that there is an issue with the Arbor's landscaping service. They are apparently using the property leased from the school system to park their vehicles and tractor trailer rigs. This is very unsightly and does not comply with the Village's Code. This matter needs to be addressed. Mayor Feinstein called for members of the public wishing to address the Board. Mr. Peter of 46 Bonwit Road addressed the Board. He presented the Board with photographs of a picket fence constructed on a neighbor's property. This fence was put up about eight to ten days ago. It complies with the Village Code, but it does not like nice. It is a long piece of fence that does not travel in a Board of Trustees Meeting June 9,2009 Page 30 straight line. The fencing is 6' in height and extends from the rear yard to the front yard with step ups. It is white, shinny vinyl and runs parallel to the street. Trustee Santon noted that there is a good 90' of fencing that has been installed. He also felt that the style and type of fencing used was a poor choice and stated that he would have preferred split rail or wood. He asked that the Building Department send someone out to make sure that this fence is in compliance with the Village Code. Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for June 23, 2009 and July 14, 2009. There being no further business before the Board, she called for a motion to adjourn. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the meeting was adjourned at 11:30 p.m. Board of Trustees Meeting June 9,2009 Page 31