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HomeMy WebLinkAbout2008-01-08 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, January 8, 2008—7:30 P.M. 7:00 PM- Executive Session—Legal Matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: (1) Report by the Westchester County Department of Public Works regarding Ridge Street improvements (2) Report by Vanasse Hangen Brustlin, Inc. regarding the Pavement Management Study PUBLIC HEARINGS: (1) Public Hearing on proposed local law changing the terms of Mayor and Trustees from two years to three years. RESOLUTIONS: (1) Considering a local law changing the term of office for Mayor and Trustees From two years to three years (2) Designating polling locations and hours for the 2008 Village elections on March 18, 2008 (3) Considering Budget Modification (4) Memorandum of understanding between the County of Westchester and the Village of Rye Brook for land and legal records (5) Approval of Minutes: July 24, 2007; August 14, 2007; September 11, 2007; September 25, 2007; October 16, 2007; November 2, 2007; November 27, 2007. Board of Trustees 1 of 14 January 8, 2008 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS January 22 and February 12, 2008 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders Romano Trustee Paul Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Secretary CONVENE: Mayor Rand asked former Supervisor Robert Morabito, to lead us in the Pledge of Allegiance. Mayor Rand read and presented Certificates of Appreciation to Supervisor Morabito, former Councilman Dominick Lagana and the absent former Councilman Mike Borelli. Mr. Lagana thanked the board for their appreciation and consideration and spoke of how he enjoyed his tenure and urged all people to serve the community in some capacity because it is very rewarding. Mr. Morabito also thanked the Board for their support and spoke of his enjoyment in being Supervisor and added how he will miss the residents. He also thanked the Rye Brook Board for their due diligence and getting things done in Rye Brook. Board of Trustees 2 of 14 January 8, 2008 Mr. Morabito also spoke of the Independence Day celebration and spoke of how they raised the Town contribution from $2500 to $7000 and asked that this Board consider increasing the donation so that there is no repeat of last year where the Mayor at that time helped to personally fill the deficit. Mayor Rand called for the first item on the agenda: REPORT: Report by the Westchester County Department of Public Works Regarding Ridge Street Improvements Mr. Circosta addressed the Board and gave a brief overview of the project. He explained that the start of the project would probably be in 2009. Mr. Anthony Venterolla addressed the Board and explained that when the construction is completed the portion of Ridge Street from King Street to Westchester Avenue would be turned over to Rye Brook through an intermunicipal agreement. He explained that this project will be a mill and pave — curbing will be replaced— sidewalks between Westchester Avenue and the Hutchinson River Parkway and curb cuts will be done where required by the ADA. They will avoid rush hours as much as possible and will provide the village with a schedule. A left turn arrow would be added at Ridge and Ellendale after an accident study at that location. Minor modifications at Ridge and Westchester will also be part of the project. Mayor Rand explained that when the study came back that the right hand turn was not needed at the intersection of Ridge and Westchester, the funds were put toward the Ellendale modifications and the bottom line is the County and Rye Brook both benefit because the flow of traffic is improved. Mr. Venterolla added that they hope to have complete plans before summer—just minor issues remain. Once they are approved for bidding they plan on having contract awarded in late 2008 and construction to commence in spring of 2009. Mr. Bradbury, Village Administrator, stated he is very excited about the project as it will change the look and feel of Ridge Street. It is a much needed project and added that the curbing and sidewalks will help with the drainage problem that currently exists. Trustee Feinstein asked how long the project would be from start to finish because of disruption in traffic flow as this is a main thoroughfare. Mr. Venterolla believes 9 to 10 months based on other similar projects. Trustee Feinstein suggested that the schools also be kept informed because of bussing. Trustee Rosenberg asked about the need for Police and if they are looking for Village Police assistance. Mr. Venterolla answered that they include an allowance for the police in the project. Mr. Bradbury also explained that at Ridge Street and Betsy Brown there will be a slight shift in the road and there will be a small retaining wall on the west side of the Betsy Brown intersection. Board of Trustees 3 of 14 January 8, 2008 Mayor Rand advised that Rye Brook will only use a small part of the Legacy Grant for this project but will take control of that portion of the road when the project is complete...the remainder of Ridge Street will remain with the County. Mayor Rand thanked the gentlemen for their time and the update. Mayor Rand called for the second item on the agenda: Report by Vanasse Hangen Brustlin,Inc. regarding the Pavement Management Study Mr. Gordon Daring gave a power point presentation to the Board on their initial findings of the conditions of the roads in Rye Brook. The conclusion was that the Village roads are not in a very bad condition but the Village should consider increasing the budget for road maintenance from $400,000 to $500,000 which would assist the village in raising the prime conditions of the roadways. Mr. Bradbury stated that he is pleased with the report and the process. He believed it was a very interesting process and a great management tool for the Village. He agreed that the Village needs to look at certain issues pertaining to certain roads and agrees that the Village needs to keep up with monitoring the roads and look at the recommendations made. Mayor Rand asked if this report could be put on the web site for the public to see so residents can see their street and how it ranks overall. Mr. Bradbury said it was possible but cautioned that we need to balance the projects that need the most improvements with the preventative maintenance needed. Trustee Romano asked if there was a guide used for the PSI and if the Village staff is trained to do this process. Mr. Daring explained that there is a color chart to follow to map the streets and he does not believe that the staff has been trained yet but that it is best to do it just as the Village is ready to move forward. Mayor thanked Mr. Daring for his presentation. Mayor Rand called for the next item on the agenda: PUBLIC HEARINGS: Public Hearing on proposed local law changing the terms of Mayor and Trustees from two years to three years. Mr. Bradbury explained that the Village has drafted this Local Law that was created after special state legislation allowing the 3 year term. This is now subject to a public referendum which would be voted on in the March election but not be in effect until 2009. Mayor Rand asked for comments from the public. Board of Trustees 4 of 14 January 8, 2008 Mr. Santon of Hillandale Road addressed the Board and stated he thinks that a two year term is adequate for the Village of Rye Brook. He believes in a small Village like Rye Brook it is good to have frequent change and allows the voters to express their discontent if that is how they feel. Mr. Santon does not see the need to change the formula and asked the Board to reconsider the referendum. Mayor Rand responded that he appreciated Mr. Santon's comments and explained that the Board had the option of not going to the public and just making it a 4 year term. The Board reviewed the pros and cons and explained that the Board has a myriad of issues to deal with and believes a 3 year term is appropriate and needed to get things accomplished and decided to present it to the voters and let them decide. Trustee Feinstein agreed and stated she will be voting in favor of placing this on the ballot. She added that this is about the ability to accomplish items for the Village and a 3 year term will allow that to happen because there is a learning curve. Trustee Feinstein believes that the Village has become more complex and it takes time to accomplish things. Trustee Brown is also in favor of placing this on the ballot and agrees it takes time to develop a plan to set goals and implement them and while you may not be here to see them come to completion, you can get them started. There being no further comments, Mayor Rand asked for a motion to close the Public Hearing and on a motion by Trustee Romano and seconded by Trustee Feinstein, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury, Village Administrator, read resolution into minutes: ADOPTING A LOCAL LAW CHANGING THE TERM OF OFFICE FOR THE MAYOR AND TRUSTEES FROM TWO YEARS TO THREE YEARS Board of Trustees 5 of 14 January 8, 2008 WHEREAS, the Village Board has proposed the adoption of a Local Law to change the length of the term of office for the Mayor and the Trustees from two (2) years to three (3)years; and WHEREAS, the Village Board believes that the Village residents should decide whether or nor it is in the best interests of the Village to extend the length of the term of office for the Mayor and the Trustees to a term of three (3)years; and WHEREAS, because the proposed Local Law changes the term of an elective office it is subject to a mandatory referendum in accordance with the corresponding state enabling legislation and Municipal Home Rule Law § 23(e); and WHEREAS, the date of the adoption of this Local Law by the Board of Trustees is deemed the date of the petition and therefore the referendum will be placed on the ballot for the March 18, 2008 Village Election pursuant to Village Law § 9-902(6); and WHEREAS, the Board of Trustees proposes the following language to appear on the March 18, 2008 ballot: Effective in the March 2009 Village election, should the length of the term of office for the Mayor and the Trustees be extended from two (2) years to three (3) years? WHEREAS, on January 8, 2008 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on January 8, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, adopts the proposed local law changing the term of office for the Board of Trustees 6 of 14 January 8, 2008 Mayor and Board of Trustees from two years to three years, subject to the mandatory referendum. BE IT FURTHER RESOLVED that the Board of Trustees will place the following language on the ballot for the March 18, 2008 Village Election for approval or rejection by all qualified electors of the Village: Effective in the March 2009 Village election, should the length of the term of office for the Mayor and the Trustees be extended from two (2) years to three (3)years? Mayor Rand called for a motion on the resolution. A motion was made by Trustee Romano and seconded by Trustee Rosenberg. Trustee Feinstein asked to make a minor change in the language of the referendum to "commencing with those individuals elected in the election of March 2009." There being no objection, Mayor Rand asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item on the agenda: Mr. Bradbury, Village Administrator read the resolution into the minutes: DESIGNATING POLLING LOCATIONS AND HOURS FOR THE VILLAGE ELECTION ON MARCH 18, 2008 RESOLVED, that voting machines owned by the County of Westchester shall be used at the next Village Election to be held Tuesday, March 18, 2008; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and be it further Board of Trustees 7 of 14 January 8, 2008 RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 AM in the morning and remain open until 9:00 PM in the evening of said day; and be it further RESOLVED, that the polling places be hereby designated for the respective Election Districts as follows: Election District#20-Port Chester Middle School-Bowman Avenue (Main Lobby) Election District#21-Port Chester Middle School-Bowman Avenue (Main Lobby) Election District#22-Blind Brook High School-King Street (Main Lobby) Election District#23-Ridge Street School-North Ridge Street(Gymnasium) Election District#26-Port Chester Senior High School-Neuton Avenue (Main Lobby) Election District#27-Ridge Street School-North Ridge Street (Gymnasium) Election District#29-Ridge Street School-North Ridge Street(Gymnasium) Election District#30-Blind Brook High School-King Street (Main Lobby) Election District#31-BelleFair Meeting House (Main Lobby) Mayor Rand called for a motion to approve the resolution and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Mayor Rand stated that he believes this is insane added that a Village of this size does not need to have 9 Districts and hopefully this will be the last time and asking Mr. Bradbury to speak to the Town and try and get this reduced for next years election. Mayor Rand asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item on the agenda: Mr. Bradbury, Village Administrator, read resolution into minutes: CONSIDER BUDGET MODIFICATION RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT Board of Trustees 8 of 14 January 8, 2008 101.1990.424 101.3120.189 $ 50,000 (Contingency) (Police Dept. — Overtime) Mayor Rand called for a motion to approve the resolution and a motion was made by Trustee Rosenberg and seconded by Trustee Romano. Mr. Bradbury explained $134,000 was the total amount of overtime for the year and this modification should cover everything. Trustee Rosenberg asked Chief Austin why the figure was so high. Chief Austin explained that there are currently 4 Police Officers out on long term disability and the Village is paying them but they are not working. Basically he is covering minimum manpower requirements. Mayor Rand asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item on the agenda: Mr. Bradbury gave a brief summary of this lengthy resolution. Basically the Village is requesting 3 licenses with the County to obtain these records. The Village currently does not have the access and looks forward to getting it. Mayor Rand called for a motion to accept the resolution and a motion was made by Trustee Feinstein and seconded by Trustee Brown. Trustee Romano asked if this will assist in the comprehensive plan process and Mr. Beane, Village Attorney, responded yes and at not cost. He added that his firm currently uses the web site and it is a huge asset. Trustee Brown asked if the license goes to the person and not the company and Mr. Beane explained that yes it does but there are 3 passwords issued and if a person with a password should leave the password would be voided and a new license and password would be issued. MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF WESTCHESTER AND THE VILLAGE OF RYE BROOK WHEREAS, the County desires to provide a license for remote access to the County Clerk's land records and legal files; and Board of Trustees 9 of 14 January 8, 2008 WHEREAS, the Licensee desires a license for the privilege of utilizing such remote access to the County Clerk's records. NOW, THEREFORE, BE IT RESOLVED, the parties hereto agree upon the premises, terms and conditions as follows: 1. Licensed Access: The County hereby grants to the Licensee a License for the use of three (3) assigned user ID's from the Westchester County Clerk's system that would permit Licensee to connect computer terminal(s) for remote web access to the County Clerk's land records and legal files. Licensee accepts the land records and legal file information on an "as is" basis and the County provides no warranty as to the accuracy of the information. To the extent permitted by law, the County disclaims all liability for the information contained in the files and records. 2. Confidentiality: The licensee agrees that, except in accordance with proper judicial order or as otherwise provided by law, the licensee and any person employed, or otherwise engaged, by such licensee who by virtue of such employment or engagement is given access to the County Clerk's Office land and legal records pursuant to this Agreement, shall not divulge or make known in any manner any confidential information, such as social security numbers, contain in such records. 3. Conduct of Operations: The Licensee assumes all risk of operation and shall provide, at its sole cost and expense, all equipment and hardware, as determined by the County, necessary to gain access to the County Clerk's records. The County shall not be responsible as a bailee or otherwise for any equipment or hardware or other personal property of the Licensee, or its employees, used to gain remote access. The Licensee hereby waives any claim for loss or damages sustained to any personal property, including, without limitation, theft or other casualty. (a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the Licensee shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability damage, claims, demands, costs,judgments, fees, attorneys' fees, or loss arising directly or indirectly out of the acts or omissions hereunder by the Licensee and third parties under the direction or control of the Licensee; and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. 5. Term and Termination: The term of this License shall commence upon execution, and shall expire on December 31, 2008, unless sooner terminated as provide herein. Board of Trustees 10 of 14 January 8, 2008 In addition, this License may be terminated by the County upon thirty (30) days written notice to the Licensee when, in its sole discretion, the County deems it in its best interest to do so. Licensee shall have the right to terminate the License upon thirty (30) days written notice to the County when, it is sole discretion, Licensee deems it in its best interest to do so. 6. No Lease: it is expressly understood and agreed that no equipment of space is leased to the Licensee. No exclusive rights for remote access (other than the licensed user ID's granted herein) are granted by this Agreement. 7. Notices: All notices of any referred to in this Agreement shall be in writing and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received copy of the notice sent by overnight courier), to the respective address set forth below or to such other addresses as the respective parties hereto may designate in writing. Notice shall be effective of the date of receipt. To the County: Timothy C. Idoni Westchester County Clerk 110 Dr. Martin Luther King Jr. Blvd White Plains, NY 10601 And a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains,New York To the Licensee: Christopher Bradbury Village Administrator 938 King Street Rye Brook,NY 10573 Such addresses shall be subject to change from time to time as may be specified in writing. 8. Assignment: It is understood and agreed that this License and the privileges granted hereunder and exclusively personal in nature and the Licensee may not assign, convey, sell, transfer (including but not limited to an attempt to transfer this License pursuant to a sale or transfer of all or part of this Licensee's assets), or otherwise dispose of this License. Any attempted or purported assignment, subletting, or transfer of this License or any rights granted hereunder without the express written consent of the County is void. Board of Trustees 11 of 14 January 8, 2008 9. Entire Agreement: This Agreement and its attachments constitute the entire agreement between the parties hereto with respect to the subject matter hereof and shall not be enforceable until signed by both parties and approved by the Office of the County Attorney. Mayor Rand asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item on the agenda: Approval of Minutes: July 24, 2007; August 14, 2007; September 11, September 25, 2007; October 16, 2007; November 2, 2007; November 27, 2007. Mayor Rand called for a motion pending comments from Trustee Brown. On a motion made by Trustee Feinstein and seconded by Trustee Romano, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item which is not on the agenda: Mr. Bradbury, Village Administrator read the resolution into the minutes: CONSIDERING THE RESCHEDULING OF THE FEBRUARY 12, 2008 BOARD OF TRUSTEES MEETING NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby cancels the Board of Trustees meeting that was scheduled for February 12, 2008; and be further Board of Trustees 12 of 14 January 8, 2008 RESOLVED, that the Board of Trustees hereby reschedules the meeting for February 5, 2008. Mayor Rand asked for a motion to approve the resolution and on a motion made by Trustee Feinstein and seconded by Trustee Romano, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand added that the State of the Village report will also be given at the February 5th meeting. ADMINISTRATOR'S REPORT Mr. Bradbury addressed the Board and gave the following updates: The Greenwich Reservoir is now at 52% capacity — significant improvement although still lower then normal—will continue to monitor situation. The Fire Department Chiefs have issued the final draft of the Standard Operating Procedures guidelines — distributed copies to all members in both communities and expecting the final draft at the 2/26 meeting through a presentation. Christmas trees will be collected until the end of January. Lastly, recycling, the county is getting stricter on enforcement of current laws and residents should make sure to put the proper recycling out or it will not be taken. Mayor Rand inquired about the arrangement with Greenwich and sharing the Rye Brook Firehouse. Mr. Bradbury responded that Greenwich finds it acceptable but is still trying to work out concerns over the income tax issue. He explained that Greenwich is doing a major renovation to their Glenville firehouse and have no place to stay and asked if we would consider housing them in our firehouse for possibly up to a year during renovation. There were terms issued — sharing utilities etc....issues about Greenwich employees working in New York in regard to income tax concerns arose and they are trying to work out details. Mr. Carosi gave the Board an update on the leaf program. He explained that leaves fell late this year and shortly after that started falling, we got snow. He explained they are done at this point and there are no longer any leaf piles and the leaf trucks are in for the season. The program has reached its conclusion for this year — residents should bag their leaves from this point forward and put out with the green waste for pick up. 11570 yards of leaves were collected which is in line with previous years and information Board of Trustees 13 of 14 January 8, 2008 will be updated on the website. Mr. Carosi thanked residents for their cooperation and gave praise to the public works crews as well. Mayor Rand spoke about previous years and the horrible storms during the leaf seasons — while they were traumatic storms we thankfully did not have those problems this year and appreciates the work done by the DPW. Mayor Rand asked Chief Austin to speak of some statistic figures for the Police Department. Chief Austin stated the officers have been busy and he is pleased with his men and their work with the community. DARE will begin on the 22nd at Ridge Street School. Locker Room is almost completed— very happy to have secure area for interviewing and booking prisoners. Mayor Rand added that the Board is grateful for the work done by the Village Police and Fire Departments. He believes it is important to keep the residents safe. He does not believe the statistics quoted are high as most calls relate to service to the individual — burglar alarms — transports to the hospital, etc., and that response time is very very quick with all our public safety departments and he is grateful to them for that. Mayor Rand asked if there were any further comments from the Board or the public and there being none, the meeting was adjourned at 9:12 PM. Board of Trustees 14 of 14 January 8, 2008