Loading...
HomeMy WebLinkAbout2008-11-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET WEDNESDAY, NOVEMBER 12, 2008-8:00 P.M. AGENDA 6:30 PM–Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Discuss the installation of a proposed detention basin near Edgewood Drive and the northern section of Rich Manor Park, along the eastern branch of the Blind Brook. RESOLUTIONS: (1) Considering an amendment and extension of the emergency medical transportation agreement with the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc. (2)Approving the 2009 Port Chester-Rye-Rye Brook Emergency Medical Services budget (3) Considering a service agreement for heating, ventilation and air conditioning mechanical servicing at Village facilities (4) Memorandum of Understanding between the County of Westchester and the Village of Rye Brook (5)Approval of Minutes: August 12, 2008; September 9, 2008 ADMINISTRATOR'S REPORT Board of Trustee Meeting November 12,2008 Page 1 DISCUSSION ITEMS: (1) Lowering the building permit fee for residents who are replacing their roofs (2) Depositing/dumping of landscaping or construction materials and debris within the Village right-of-way (3) Designation of the "Official Map" (4)Potential legislation regarding (a) Expired Building Permits, (b) rules and regulations to be established for the issuance of a Temporary Certificate of Occupancy and (c) the failure to apply for a Certificate of Occupancy for open building permits (5) Code enforcement status of illegal subdivisions of Rye Brook land at 42-46 Lincoln Avenue ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Regular Trustees Meetings: November 25th and December 9th BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Nicholas Ward-Willis, Village Counsel Robert Bertolacci, Recreation Superintendent Victor Carosi, Village Engineer Marilyn Timpone-Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Board of Trustee Meeting November 12,2008 Page 2 Mayor Joan L. Feinstein called the meeting to order at 8:10 p.m., beginning with the Pledge of Allegiance. She noted that since yesterday was Veteran's Day that was the reason the regular meeting of the Board of Trustees was rescheduled for this evening. Mayor Feinstein noted that there would be an open discussion regarding the Edgewood detention basin project, a matter that has been reviewed by the Village for many years. She began with a preliminary statement so that everyone would understand the process. She noted that the Board has received many comments via email on this matter from the adjacent residents. The meeting was agreed to and scheduled at a prior Board of Trustees meeting, however, Mayor Feinstein noted that she would cut off discussions at around 10:00 p.m. as the Board has other business to attend to. She stated that there were four (4) individuals that she would ask to address the Board on this matter prior to calling on members of the public. The first individual would be Mr. Christopher Bradbury, the Village Administrator, who would be called upon to give an overview of the last seven (7) years and where the issue now stands. The Board of Trustees heard concerns regarding health issues and has contacted the experts for their input. Therefore, the next individual to address this matter would be Mr. Meyerson, the representative from the Department of Health from Westchester County. He has been asked to address issues such as the West Nile Virus. Next Mr. Dolph Rotfeld, the Village's Engineering Consultant, would address flooding, storm water management, and water quality issues. Mayor Feinstein noted that Mr. Rotfeld would not do a full presentation because he has given presentations at previous meetings. The last individual to speak would be Ms. Marilyn Timpone Mohamed, the Village's Planning Consultant from the firm of F.P. Clark & Associates. Ms. Timpone - Mohamed will address the SEQRA process and the DEIS. Mayor Feinstein noted that when these four (4) individuals completed their presentations, the public would be given the opportunity to speak. In the interest of being efficient and fair, Mayor Feinstein asked that members of the public address her as the Chair and not the professionals. The Trustees were asked to hold off on their comments until after the public had the opportunity to express their concerns. To wrap up, the Board of Trustees would be given the opportunity to address this matter. Mr. Bradbury, Village Administrator, began by reviewing the historical issues. He noted that there has been a history of flooding and water quality problems in the Village for many years. The Village responded by reviewing the storm water regulations and making amendments. In addition, the Village has been very active with LISWIC. There are two branches of the Blind Brook, with the eastern branch being located entirely in Rye Brook. Many grants over the years have been Board of Trustee Meeting November 12,2008 Page 3 submitted and accepted. These grants have given the Village the opportunity to identify the problems in this area and work on projects to correct the problems. The Village began a review of this issue, specifically looking at the eastern branch of the Blind Brook, approximately seven years ago. In November of 2002 a report was issued. In 2003 all of the projects were applied for funding. In October of 2004 the Village Board passed a resolution supporting the projects so that it could accept the grant funding. The underground drainage systems were reviewed and the Loch Lane by-pass work was competed in 2007, as have many other smaller projects down stream. In 2008 the Village Board began to work on the project now before the Board. Mayor Feinstein noted that the plan before the Board is still a conceptual plan. The estimated cost of the project is $473,000. There is a $218,750 grant that has been awarded to the Village, leaving the Village with an approximate cost os $255,000.00 associated with this project. The true number will be obtained when the project goes out to bid. Mr. Meyerson, the representative from the Department of Health, addressed the Board. He addressed the concerns regarding West Nile Virus. He noted that the best way to avoid mosquito breeding grounds is to replicate nature. Stagnant pools of water are a cause for concern. A detention basin should be large with shallow edges and plantings. The plantings create a habitat of predators of mosquitoes. There should be a flow during rain events. The pond should always have some water. The Department of Health looks for ways to avoid the breeding of mosquitoes. Certain kinds of fish also can be used to combat any problems with mosquitoes should an issue arise. Mr. Meyerson noted that he completed a review of the proposed plans and stated that the basins are acceptable to the Department of Environmental Conservation. He felt confident that the design is adequate to prevent the growth of larvae. Mr. Dolph Rotfeld was called upon for his presentation. He noted that he has been involved with this project since the start and has heard the pros and cons. He has reviewed all of the comments from the previous meeting, and a computer model was set up to review the flow of water. The water surface elevation for a two year storm will be about 4" inches higher for existing conditions than if the basin were built. The elevation difference for a ten year storm between the existing condition and the condition once the basin has been constructed would result in the water level being lowered by 8". A 25 year storm would reflect a level of 7" lower than it is now. Water spreads out as it rises in flat areas. North of Acker Drive, there are 16 properties that are impacted by water on their properties. If the basin was constructed only 12 properties would be impacted by water. There would be no Board of Trustee Meeting November 12,2008 Page 4 relief from a 100 year storm. In a storm such as the one that occurred in April 2007 when over 8" of water fell per hour, with eight to ten houses that were impacted the most by the recent storm. The Edgewood basin would reduce the impact of this flooding. There is a proposed entrance at Blue Bird Hollow for maintenance to the basin. The entrance will be grasscrete blocks and after one or two seasons no one will know that the blocks are there. Ms. Marilyn Timpone-Mohamed, Village Planning Consultant, addressed the Board. She spent a couple of minutes discussing the SEQRA process. The Environmental Impact Statement is one of the first SEQRA documents that is filled out when the process starts. The SEQRA process starts with a decision on the type of action. There are three (3) different types of actions: A Type I action has significant adverse impacts; Type 11 and unlisted actions are less intrusive. The very first step that the lead agency takes is a thorough review of the proposed action plan, looking for any significant adverse impacts that could develop. Because there was concern about what was being done in this area, they chose to use the long form which means that there has been a greater scrutiny of this project. The forms require that a certain amount of information must be provided. After the drawings for the project are created and additional information is gathered, the answers may change. The questions are asked in a very specific context knowing that the initial information will change as the project moves forward. The answers may also change as the information presented changes. The potential for mitigation is then reviewed. Mayor Feinstein called for members of the public wishing to address this matter. Janet Passerlli of 49 Rock Ridge Drive addressed the Board. She asked what assurances do the adjourning residents have that this basin will not overflow and flood their properties. She asked if there were any other options. Mr. Rotfeld responded and noted that the properties will not flood from the construction of the basin. He noted that there will be a spillway that will control the flow of water, and the overflow will go right to the stream. He assured Ms. Paserelli that this basin would not overflow into the neighbors' yards. The surrounding homes are at a higher elevation than the berm surrounding the basin. There is less than 1% of probability for the overflow occurrence, and that overflow will go into the brook. Ms. Passerelli asked about another option, and that was cleaning the Brook. Mr. Rotfeld noted that the brook should be kept clean, but the brook is located on private property. The only municipal access to the Brook is the Edgewood lot. He noted, however, that if the Brook was cleaned and dredged, there would still be a problem with flooding. The debris and the fact that the Brook has not been Board of Trustee Meeting November 12,2008 Page 5 dredged means that the flow is slowed down. From time to time the basin will need to be cleaned. Trustee Santon noted that the brook is on private property, whereas the Meadowlark/ Edgewood property is on municipal property. He also noted that the Hidden Falls pond, the Key Hole, and the General Foods pond are all on private property. Mr. Bradbury noted that the Brook has been dredged in the past. Mr. Rotfeld stated that dredging will not increase the capacity of the Brook, it will just increase the flow. Ms. Passerlli felt that it is a necessity to dredge as the Brook has not been dredged for over thirty years. She stated that other things affect our steams, brooks, such as the tides. She also noted that the sewer system is where the flooding comes from and a lot of people get sewage in their homes. She stressed her opinion that this basin will affect the character of the community. Clear cutting this lot and removing the trees will have a large visual effect. Mayor Feinstein noted that the professionals have done a lot of work on this project. They have reviewed the visual and sound impacts to the area, as well as the positive effects for the homes down stream. The Village must consider all residents and the effect that this flooding has had. Meg Veith-Heib of Valley Terrace addressed the Board. She presented the Board with photographs of Argyle and Candy Lane area, including Bobbie Lane, King Street, and Acker Drive. Mr. Bradbury noted that the Village is trying to utilize municipal property. The projects that have been completed to date have been very successful. The Loch Lane project has helped surrounding properties and properties down stream. The public land will be utilized to address flooding and water quality to provide relief to the residents of Rye Brook. Mr. Rotfeld was asked to address the catch basins at the Hutch. It was noted that Mr. Rotfeld and Mr. Carosi would be reviewing the Hutch's basins. Mr. Fredricks, the resident of 13 Argyle Road, noted that the Candy Lane project solved a lot of problems in the area. He questioned the maintenance cost of the basins. Board of Trustee Meeting November 12,2008 Page 6 Mayor Feinstein noted that there will be maintenance for the basins and the Village's staff will provide this maintenance with the assistance of professionals and the Village's consultants. The cost to maintain a basin of this nature will be calculated on an annual basis. Marilyn Timpone-Mohamed noted that the cost of the maintenance would not be much. Monitoring begins in the early part of the construction. Making sure that the mechanics are working appropriately is the first phase. Mayor Feinstein noted that a project has not yet been designed. There will be a cost associated with maintaining the basin, but no one knows yet the amount. Cynthia Pasquale Thomsen stated that she has never seen anyone cleaning the pond or the stream. Trustee Santon reiterated that most of the brook is on private property. Several years ago the Village began a program to stop dumping into the brook. Landscapers and homeowners were notified. No one is denying that there is landscape debris in the brook, but the Village does not have the right to go onto private property to clean the brook. Mayor Feinstein noted that a decision must be made soon in order to keep the grant. A resolution was approved and the state would be advised by December 31st if the Board decided to turn down the grant. The health concerns have been addressed, and next steps include reviewing the cost of construction of the basin. Trustee Santon noted that the Village maintains what the Village has control over. Grants have been accepted for proposed work at Rich Manor Park. Grass clippings should not be thrown into the brook. If a resident has a water course on their property then the resident has an obligation to keep the brook clean. Mayor Feinstein noted that a project was completed on Acker Drive about eight to ten years ago. This issue is not a new issue and a great deal of review and research has already gone into this project. Brian Berk, of 11 Edgewood Drive, addressed the Board. He thanked the Village Board for holding the public hearing. He noted that the scope of the project has been changing. Different plantings have been considered, as have placing fish in the pond. Remediation and maintenance has been addressed. A lot of people are reviewing this project and they are trying to understand it. There are a significant amount of residents that will be positively affected by the project. The EIS form was completed in 2008. This form is given to the State, however, there were some Board of Trustee Meeting November 12,2008 Page 7 inaccuracies on that form. Mr. Berk felt that this basin will change the character of the neighborhood. The removal of the trees will have a significant impact. He asked if the Village's Environmental Council was in support of this project. Mayor Feinstein noted that this committee was not involved in the Loch Lane project and the basins on the sports field. They will also be involved in this project, as are the residents surrounding the area. Mr. Berk continued, noting that mitigated noise reduction, the effect to the eco system, health and safety issues, fencing, nuisance (people use the property as a short cut) are some of the areas to be reviewed. He questioned whether or not an expenditure of this size is appropriate. Mayor Feinstein noted that the cost is a big consideration. If the Village turns the grant down then the Village will not get this type of money again. The project would be bonded over a period of time. Marilyn Timpone-Mohamed responded to Mr. Berk's concerns. She addressed filling out the environmental impact forms. She noted that the forms are meant to capture significant adverse impacts. It does not mean that if you find an impact it prohibits the project. It simply means that there is an issue of concern that needs to be dealt with it and the impact should be minimized. If trees are removed, then new trees can be planted. She reviewed questions that are contained on this form. The importance to the entire community is reviewed not just the surrounding neighborhood. Also contemplated is the size of the project. If ten (10) acres of mature forest area were removed then that would have an impact versus the removal of one acre of trees. There is only one tree on that property that is 100 years old and it is located near the cul de sac. It appears to be on the property line. The rest of the trees on that property are about 80 to 85 years old. This is not the mature forest that this particular question is asking about. The one tree that is 100 years old will not be impacted and it would remain on the property. Another issue addressed when completing the forms is whether the proposed action has a significant impact to the area. If a warehouse was constructed on this property, that would constitute an adverse impact. The area will still remain open space and it will be re-landscaped with trees that will mature. The stream ecology is not being changed. This is a hollow. There are slopes where the water flows. It will now be a larger hollow. The property will retain its character. The biggest impact would be the removal of the trees. This project has significant positive impact on the Village. Mitigation can be done. The Village needs this retention basin. Trustee Sanders Romano noted that the existing trees do not reduce the water flow during storms. The only way to deal with that water is to retain it and to slow Board of Trustee Meeting November 12,2008 Page 8 down the flow. There is a lack of storm water management on the surrounding properties. In terms of noise and air pollution, all trees and plants take in carbon dioxide and give off oxygen. The Village is not releasing carbon dioxide into the air. As the newer trees grow they will take up the job that the other trees were doing. A 100' height of forest only reduces noise 2 to 3 decibels. The human ear will not pick up that change. A thick wall, a pile of earth, a hill, will mitigate the noise. Mr. Don Moscato of 5 Edgewood Drive addressed the Board. He thanked the Board for being so open. He noted that he has been in his home for 32 years. The water rushes from the Beechwood Circle. It rushes down and up Edgewood Drive and back behind the Sileo property and then hits the Abel property and then flows to Rich Manor Park. The third area where the water comes from is where the detention basin will attach. The deer, the ticks, the mosquitoes have been around for years. The more water that can be held back, the bigger the benefit. Slowing down the release of water in any storm would be a benefit. Part of the problem is the construction and developments. Children are supervised and this mitigates the safety issues. Marilyn Yarnell of 28 Meadowlark Road noted that she has lived in this area since 1962. She went on record as being strongly opposed to the detention basin. It was her opinion that the destruction of 1.5 acres of trees would create a problem. When the trees above Meadowlark were taken down she had water problems. The deer from this area will be forced to move into the back yards. In no way will the proposed plantings be a viable alternative. She stressed that there were no assurances that after the forest is gone that this project will work. Jenny Frank, of 54 Rock Ridge Drive addressed the Board. She noted that she came from a slightly different place. Rockridge Drive residents have been subject to the flooding of their back yards for many years. They are grateful to the Village Board for addressing these problems. The quality of life in that area will be changed, but she supported the change and the project. There will be mitigation that will go along with the construction of the basin to address flooding problems in the area. Laurie Schwartzman of 15 Edgewood Drive addressed the Board. She understands how the people whose homes flood feel. However, she noted that there are almost 20 children who live in this area and safety is a big issue. She felt that the basin would be a safety hazard. She was concerned about the mosquitoes and West Nile Virus. The removal of the trees is also a large concern. She stated that she has been putting in FOI requests for information on the project and has Board of Trustee Meeting November 12,2008 Page 9 not received the information yet. Judging from the turnout at the meeting, and the response to this project, there are many residents who are against the project. She noted that there are several houses that would be affected by the removal of the trees, and it is felt that the basin will not help the residents of Beechwood, Loch, and Meadowlark. She questioned what would the next steps would be after the construction of the basin, and asked if the Village did not do not do this particular project, how would this effect what comes next. The residents feel that it is not appropriate to spend so much money when the homework has not truly been done. She felt that this basin would devalue her property, would create a health hazard, and a safety hazard. Mr. Dominick Accurso of 50 Rock Ridge Drive and 10 Whipporwill Road addressed the Board. He noted that his family has lived at 50 Rock Ridge Drive for many years. In fact, it is where he grew up. He is an architect by trade and has visited the area of the proposed detention basin. He noted that there are five properties that abut the site of the detention basin. He felt that there seems to be a misconception, and that misconception is that the basin will only help those residents along Rock Ridge Drive. In fact, these will be the properties that will be least effected. It is the homes downstream that will receive relief. Residents talked about devaluation of their property; he asked that they consider the effect that constant flooding has on the value of the property of the residents further downstream. The photographs that the Village has in its possession from the March and April storms speak for themselves. The detention basin will help with the flooding problems; selling the property and building McMansions on it would definitely hurt the character of the area and only add to the flooding problems. Mr. Bernard Abel of 6 Edgewood Drive addressed the Board. He noted that he was one of the oldest residents of the community — over 55 years. Rich Manor was supposed to be developed on this property but the Town purchased the property instead. The residents were promised that this forest would remain forever, after all Rye Brook is known as Tree City. Removing the trees on this property will destroy the character of the neighborhood. Unlike a resident, the Village Board can remove these trees without a permit, affecting the quality of life for these residents. He felt that approximately 90% of the people affected are not in favor of this project. He asked that the Village leave the character and charm of the neighborhood intact. Mayor Feinstein turned to the Board. Trustee Santon noted that this is a work in progress. The trees to be removed have not yet been identified. For example there may be mature trees that will remain. If there are trees that could be saved by modifying the design, then it will be done. This property could be sold, a home Board of Trustee Meeting November 12,2008 Page 10 could be constructed, and trees would be taken down. If the property were used as a park, trees could still come down. Contrary to Mr. Abel's comments, this property is not part of Rich Manor. This is public property and if something can be done to benefit the residents of Rye Brook down stream from this property then the Village has an obligation to move forward. Costs cannot be discussed until a scope of work has been created. When this grant was applied for in September of 2003 by the Filipowski Board several other project grants were applied for and received. The ball fields detention basin were constructed with grants. Trustee Santon stated that you have to go down the path before a final decision can be made. This is an ongoing process and it will be a public process, but it must move forward. Mr. Bradbury clarified the maintenance portion of the Village's responsibilities. Dredging would not help with storage and it could possibly cause more harm. A lot of attention has been given to the proposed plantings. This is a continuation of several projects, and the next step up the ladder. He listed the projects that have been successfully completed. Mr. Rotfeld noted that very heavy rains are expected within the next few days. He asked that the residents put a stake in the ground so that the Village can survey the amount of water that accumulates on each property. Please contact the Administrator's office with the location of the stake. Trustee Rosenberg noted that when the stream overflows and comes out over the bank, the water is spread across the entire property. The stream is only about 1' deep. This project is the next link in the chain. The projects before it have proven very successful. Mayor Feinstein, noting that it was 10:25 p.m., thanked everyone for their cooperation. She stated that the review and discussion of the project would continue and residents would be privy to the information gathered. Mayor Feinstein moved to the resolution portion of the agenda. She called upon Mr. Bradbury to read resolution #1: RESOLUTIONS: 1. CONSIDERING AN AMENDMENT AND EXTENSION OF THE EMERGENCY MEDICAL TRANSPORTATION AGREEMENT Board of Trustee Meeting November 12,2008 Page 11 WITH THE PORT CHESTER-RYE-RYE BROOK VOLUNTEER AMBULANCE CORPS, INC. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN EXTENSION OF THE EMERGENCY MEDICAL TRANSPORTATION AGREEMENT WITH THE PORT CHESTER-RYE- RYE BROOK VOLUNTEER AMBULANCE CORPS, INC. WHEREAS, on June 15, 1998, the Village of Rye Brook entered into an amendment and extension agreement with the Port Chester-Rye- Rye Brook Volunteer Ambulance Corps, Inc. for a five year term commencing July 1, 1999 and continuing until June 30, 2004; and WHEREAS, on May 11, 2004 the Village of Rye Brook entered into an amendment and extension agreement with the Port Chester-Rye- Rye Brook Volunteer Ambulance Corps, Inc. for a five year term commencing on July 1, 2004 and continuing until June 30, 2009; and WHEREAS, amendments are proposed in the agreement to renew the agreement for the term of July 1, 2009 through June 30, 2014. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into an amendment and extension of the 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 the Amendment and Extension Agreement and all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that there are about 4,600 calls annually. The response rates are better than anywhere in the northeast. These issues are reviewed Board of Trustee Meeting November 12,2008 Page 12 and taken very seriously. Any time the call time exceeds the standard time the call is reviewed. Some of the mapping systems have been changed to help avoid driver errors. The biggest benefit to the Village is having the Ambulance Corp in the Rye Brook Fire house. The Ambulance Corp has increased their area because of the closing of United Hospital and the Fire House is a more central location. In addition, the Fire Department covers for them when they are out of the area. Scott Moore is working with Westchester County and Greenwich for mutual response. Mayor Feinstein noted that Scott Moore, of the Ambulance Corp, and his staff are very professional. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll for the approval of the resolution: 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 resolution #2 on the agenda: 2. APPROVING THE 2009 PORT CHESTER-RYE-RYE BROOK EMERGENCY MEDICAL SERVICES BUDGET Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE 2009 PORT CHESTER-RYE-RYE BROOK EMERGENCY MEDICAL SERVICES BUDGET WHEREAS, the proposed municipal share of the 2009 Port Chester-Rye-Rye Brook Emergency Medical Services budget is Board of Trustee Meeting November 12,2008 Page 13 $679,800.00, representing an increase of three percent for each of the three participating communities from the 2008 adopted budget; and WHEREAS, the Emergency Medical Services Committee approved the increase at their meeting on October 9, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustee of the Village of Rye Brook hereby approves the 2009 Port Chester-Rye-Rye Brook Emergency Medical Services budget with a Rye Brook Village contribution of$198,841.50. Under the agreement the fees are split based on the population share. The EMS Services Committee knocked down their budget somewhat, and the current amount is within the Village's budget. Compared to the costs of other emergency services this is very fair agreement. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll for the approval of the resolution: 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 A SERVICE AGREEMENT FOR HEATING, VENTILATION AND AIR CONDITIONING MECHANICAL SERVICING AT VILLAGE FACILITIES Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A SERVICE AGREEMENT FOR Board of Trustee Meeting November 12,2008 Page 14 HEATING, VENTILATION AND AIR CONDITIONING MECHANICAL SERVICING AT VILLAGE FACILITIES WHEREAS, the Village of Rye Brook has solicited proposals to provide a mechanical service contract for the Heating, Ventilation, and Air- Conditioning systems at Village Hall, the Fire House, and the Anthony J. Posillipo Senior Center; and WHEREAS, three firms submitted proposals to the Village Engineer as follows: and ANNUAL SERVICE FIRM NAME CONTRACT FEE 1. Skyview Mechanical Company $5,609 2. Bruni & Campisi Inc. $5,410 3. D.P. Wollf, Inc. $19,303 WHEREAS, upon reviewing the proposals, the Village Engineer has determined that Slcyview Mechanical Company provides the most cost effective proposal for the services desired; and WHEREAS, upon further review it is beneficial to the Village to enter into a contract term for said services for the period beginning with November 2008 and extending through the next Village fiscal year, ending May 31, 2010 for a total prorated fee of$5,609; NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village approves entering into a service contract with Skyview Mechanical Company for the term November 2008 to May 31, 2010 for the total fee of $5,609; 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 Rosenberg, seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll for the approval of the resolution: Board of Trustee Meeting November 12,2008 Page 15 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. MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF WESTCHESTER AND THE VILLAGE OF RYE BROOK RESOLUTION 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 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 Board of Trustee Meeting November 12,2008 Page 16 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. 4. Term and Termination: The term of this License shall commence upon execution, and shall expire on December 31, 2009, unless sooner terminated as provide herein. 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. Board of Trustee Meeting November 12,2008 Page 17 5. 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. 6. 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. Idom 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. 7. 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, Board of Trustee Meeting November 12,2008 Page 18 or transfer of this License or any rights granted hereunder without the express written consent of the County is void. 8. 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. It was noted that this is a license agreement which must be renewed every year. The Village receives three licenses at no cost from the county. Trustee Santon noted that he does a lot of research on line for the Village on issues such as deeds and codicils, subdivisions, etc., and he pays $20.00 for 24 hours of access. This is a tool that should be taken advantage of by the Village. On a motion made by Trustee Rosenberg, seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll for the approval of the resolution: 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) APPROVAL OF MINUTES: AUGUST 12, 2008; SEPTEMBER 9, 2008 The consensus of the Board was to hold over the acceptance of the summaries until the next meeting to allow Board members additional time for review. ADMINISTRATOR'S REPORT: Board of Trustee Meeting November 12,2008 Page 19 Mr. Bradbury noted that the leaf collection program has been very successful with two remaining Saturdays of leaf pickup. This is the peak period, and the program is now 1/3 of the way through. The snow has held up and given the Village's staff the opportunity to collect the leaves. Trustee Santon noted that a tremendous volume of leaves have come down in the past week and there are a lot of piles roadside. He hoped that the weather would hold up and the Village would have the streets cleaned before Thanksgiving. Mr. Bradbury gave a brief update on the road work on King Street, between Loch Lane and Comly Avenue. DISCUSSION ITEMS: 1) LOWERING THE BUILDING PERMIT FEE FOR RESIDENTS WHO ARE REPLACING THEIR ROOFS Trustee Rosenberg noted that a Building Permit can be a couple hundred dollars. The Village is trying to encourage residents to come in and file for a Building Permit and so he suggested that lowering the cost of a building permit for roof replacement. He felt that the fee should be set at $100.00 to encourage application. Replacing a roof is a large undertaking and should be done properly, with the Village overseeing the safety issues. The Village is responsible for a plan review and an inspection, and the Village has only had 12 permits for roof replacements so far in 2008. The permit fees have averaged $113.00. In terms of the review of the plans and the inspection, it is the best money spent on this type of renovation. Mr. Bradbury noted that the fees are more of a policy issue. Only two layers of shingles are allowed under the Code and it is important that the building inspector review these types of permits. This type of permit and review protects the residents. Mayor Feinstein called for the second matter under Discussions: Board of Trustee Meeting November 12,2008 Page 20 2) DEPOSITING/DUMPING OF LANDSCAPING OR CONSTRUCTION MATERIALS AND DEBRIS WITHIN THE VILLAGE RIGHT-OF-WAY Trustee Santon noted that the Village Code was inherited from the Town of Rye that have not yet been reviewed and updated. The Village is imposing fines on landscapers who have been dumping leaves and clippings into the roadway. This is a violation of the Village's Code. In addition there have been cases of residents and/or their landscapers who are dumping debris and leaves into the streams, also in violation the Village's Code. He felt that the sections of the Code that deal with this issue should be reviewed corrected. The Code needs to be cleaned up to make it consistent. The violators should be reprimanded and the Code should be enforced. Trustee Santon asked that the Village's staff review these areas of the Village's Code and come up with proposed changes to be approved by the Village Board. Mr. Bradbury noted that when contractors are caught dumping in the street the Village should be more aggressive in that area. Trustee Santon felt that the landscapers should be reprimanded, and that is the job of the residents to advise them of how to comply with the Village's Code. 3) DESIGNATION OF THE "OFFICIAL MAP" Trustee Santon noted that he has raised this issue under the prior Mayor and Board. There is an official map that has never been designated. Everyone knows what the Zoning Map is, but no one has said this is our official map. The Town of Rye had a map in 1937 that was named the official map. The purpose of that map is to identify the streets and their widths. Every sub-division has to comply with the official map. A map should be identified. Mr. Bradbury noted that he felt that the Zoning Map should be made the official map. This map has not captured all of the changes or recent subdivisions, but it is a good idea to name an official map and then update it at a later date. Board of Trustee Meeting November 12,2008 Page 21 4) POTENTIAL LEGISLATION REGARDING (A) EXPIRED BUILDING PERMITS, (B) RULES AND REGULATIONS TO BE ESTABLISHED FOR THE ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND (C) THE FAILURE TO APPLY FOR A CERTIFICATE OF OCCUPANCY FOR OPEN BUILDING PERMITS Trustee Santon noted that there are 100 expired building permits. A few are ancient history from the Town, and most others are since 2003 that expired in 2006 that have never applied for a Certificate of Occupancy. This is a safety issue. There is also a list of open permits that have not yet expired. He felt that the Village must be fiscally prudent and give the applicants incentive — if they can't finish their work in a year and a half then they can apply for an extension. Residents have installed swimming pools and never had an inspection. There are definitely safety issues that need to be addressed. Mr. Bradbury noted that violations have been issued. Many people ignore the violations and then they must be taken to court. Trustee Santon felt that it is outrageous that the Village must litigate these issues. Mayor Feinstein noted that it is the obligation of the homeowner and the contractor to apply for a Certificate of Occupancy. Not having a Certificate of Occupancy becomes an issue when the homeowner prepares to sell their house. Trustee Santon felt that a fee should be placed if the permit expires. This is additional source of revenue for the Village. He felt that it would be bad policy if the Village did not enforce the fine. Trustee Sanders Romano suggested that a small bond be put in place when a Building Permit is pulled. Trustee Brown felt that perhaps a scale could be set— if you don't have a Certificate of Occupancy by this date, then the penalties increase. Trustee Santon felt that it was unfair for the Village staff to have all of these open Building Permits. Mr. Bradbury agreed and noted that perhaps a separate administrative fee should be charged for expired Board of Trustee Meeting November 12,2008 Page 22 permits. He will review this portion of the Village's Code with staff and legal counsel. Trustee Santon noted that a Certificate of Occupancy is discussed throughout the code. The Building Inspector uses the New York State Code when reviewing a permit. He felt that it would benefit the staff and Village to have guidelines/ parameters. A building permit can be renewed and renewed. Mayor Feinstein questioned whether or not this has been an issue. Mr. Carosi, Village Engineer, stated that it has not. Trustee Santon felt that the Village should have clear terms. Mayor Feinstein asked that Mr. Bradbury turn to the Building Inspector for additional input on this matter. Mr. Bradbury agreed, and noted that the legislation can follow the goal of the Village Board. The final discussion item was called before the Board: 5) CODE ENFORCEMENT STATUS OF ILLEGAL SUBDIVISIONS OF RYE BROOK LAND AT 42-46 LINCOLN AVENUE With the consensus of the Board, this matter was deferred to the next Board of Trustee meeting. It was noted that Mr. Beane, who is familiar with this matter, will be in attendance at the next regular meeting of the Board of Trustees. Mayor Feinstein noted that the next regular meetings of the Board of Trustees have been scheduled for November 25 and December 9, 2008 There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the meeting was adjourned at 11:32 p.m. Board of Trustee Meeting November 12,2008 Page 23 Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustee Meeting November 12,2008 Page 24