HomeMy WebLinkAbout2007-09-11 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, SEPTEMBER 11, 2007-7:30 P.M.
AGENDA
6:30PM— Executive Session— Personnel and Legal Matters/Litigation
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT
PUBLIC HEARINGS:
1) Public Hearing on a proposed local law creating a new Chapter 130,
Flood Damage Prevention, of the code of the Village of Rye Brook
2) Public Hearing on a proposed local law to amend Chapter 24 of the
Village of Rye Brook Village Code regarding the annual financial
disclosure statement
RESOLUTIONS:
1) Considering a proposed local law creating a new Chapter 130, Flood
Damage Prevention, of the code of the Village of Rye Brook
2) Considering a proposed local law to amend Chapter 24 of the Village of
Rye Brook Village Code regarding the annual financial disclosure
statement
3) Appointment of Recreation Attendant
4) Approving the use of Village streets for the Friends of Crawford Park
5K Race
Board of Trustees Meeting
September 11, 2007
Page 1 of 39
5) Declaring municipal equipment as surplus for sale
6) A Resolution authorizing the issuance of$341,000 bonds of the Village
of Rye Brook, Westchester County, New York, to pay the cost of
various capital purposes in and for said Village
7) Agreement with the Town of Rye for health claims and tax collection
8) Considering the support for a Regional Stormwater District
9) Authorizing the Village of Rye Brook to retain the Village Attorney to
defend the Village, its Trustees and Planning Board members against an
article 78 proceeding commenced by the City of Rye and certain
individuals residing in the City of Rye
10)2006—2007 year end budget modifications
11)Appointment of Lead Maintenance Mechanic (Automotive)
12)Considering the appointment of Assistant to the Village Administrator
13)Appointment to the Airport Advisory Council
14)Approving the re-appointment of the Village of Port Chester's
community representative to the Emergency Medical Services
Committee
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: September 25 and October 9, 2007
Board of Trustees Meeting
September 11, 2007
Page 2 of 39
BOARD: Mayor Lawrence A. Rand
Trustee Michael S. Brown
Trustee Joan L. Feinstein
Trustee Paul S. Rosenberg
Trustee Patricia Sanders Romano
STAFF: Christopher Bradbury, Village Administrator
Gregory Austin, Chief of Police
David Burke, Assistant to the Village Administrator
Victor Carosi, Village Engineer
Mayor Rand called for a moment of silence for all those lost on September 11"'
Mayor Rand welcomed everyone to the September 11, 2007 regular meeting of the
Board of Trustees. He noted that there was a full agenda, and he called for the
first item on the agenda.
PUBLIC HEARINGS:
1) PUBLIC HEARING ON A PROPOSED LOCAL LAW CREATING A
NEW CHAPTER 130, FLOOD DAMAGE PREVENTION, OF THE
CODE OF THE VILLAGE OF RYE BROOK.
Mr. Bradbury noted that this was a very significant revision to the Village
of Rye Brook's Code. This makes changes to flood plain development, and
also makes changes to the Zoning Map. It will guide the Village for future
developments so that it does not allow development in potential flood areas.
These changes will help regulate flood areas. Mr. Bradbury noted that this
matter has been before the Planning Board, and it has made its
recommendations.
Mayor Rand declared the public hearing open. He called for members of
the public wishing to address this matter. As no one wished to address this
matter, and there were no comments or questions from the Board, Mayor
Rand called for a motion to close the public hearing.
On a motion made by Trustee Michael Brown, and seconded by
Trustee Patricia Sanders Romano, the public hearing was closed.
Mr. David Burke, Assistant to the Administrator, called the roll:
Board of Trustees Meeting
September 11, 2007
Page 3 of 39
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand called for the resolution on this matter.
RESOLUTIONS:
1) CONSIDERING A PROPOSED LOCAL LAW CREATING A NEW
CHAPTER 130, FLOOD DAMAGE PREVENTION, OF THE CODE
OF THE VILLAGE OF RYE BROOK
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING ADOPTING
A LOCAL LAW CREATING A NEW CHAPTER 130, FLOOD DAMAGE
PREVENTION, OF THE CODE OF THE VILLAGE OF RYE BROOK
WHEREAS, the Board of Trustees is considering repealing existing
Chapter 130 of the Code of the Village of Rye Brook and adopting a local
law to create a new Chapter 130, Flood Damage Prevention; and
WHEREAS, the proposed local law was referred to the Planning
Board by the Board of Trustees for review and comment; and
WHEREAS, the Planning Board discussed the local law at public
meetings on July 26, 2007 and August 16, 2007 at which time members of
the public were given an opportunity to comment and members of the
Planning Board directed the Village staff and consultants to make revisions
and modifications; and
WHEREAS, at the August 16, 2007 meeting the Planning Board
referred the local law back to the Board of Trustees with suggested
revisions and modifications; and
WHEREAS, on September 11, 2007 the Board of Trustees opened a
public hearing on the subject Local Law, at which time all persons
Board of Trustees Meeting
September 11, 2007
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interested were given an opportunity to speak on behalf of or in opposition
to said Local Law and the public hearing was closed on
September 11, 2007
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees hereby repeals the existing Chapter 130 of the Code and adopts the
proposed local law as revised by the Planning Board, creating a new
Chapter 130 entitled Flood Damage Prevention.
NOW BE IT FURTHER RESOLVED, that the Village of Rye
Brook's license and fee schedule is amended by adding a fee for a
floodplain Development Permit in the amount of$50.
Mayor Rand noted that the public hearing was closed and now the Board
was prepared to vote on the resolution. Trustee Paul Rosenberg requested
that a little more background on this resolution be presented so that
residents could understand how it would affect homeowners. It is
important that this law be passed so that residents of Rye Brook will be
eligible for flood insurance.
Trustee Joan Feinstein agreed with Trustee Rosenberg, and asked that
Mr. Victor Carosi, Village Engineer, give a brief overview of the changes
that have been made to the flood map.
Mr. Carosi addressed the Board. He noted that this is a model legislation.
The Planning Board has reviewed this matter, and some of the definitions
have been revised and made specific to this local law. In addition, some of
the legislation has been updated. The goal of the entire flood insurance
program is to ensure that Rye Brook residents are eligible for flood
insurance and more importantly, to try and reduce the reoccurrence of
flooding and flood damage.
Trustee Feinstein noted that if someone wanted to do a 50% or more
addition to their home, they would have to bring their entire home into
compliance with these regulations. Mr. Carosi noted that this local law
addresses the prevention of flooding of the home, and making sure that the
structure of the home is not damaged by floodwaters. It also addresses
ways to prevent greater damage in the home.
Mr. Bradbury noted that the Village would have to meet or exceed the
requirements of the local law. The next step is to send this proposed
legislation to the FEMA regional office for approval.
Board of Trustees Meeting
September 11, 2007
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Mr. Carosi noted that this is a very important item for the Village of Rye
Brook and for its residents. He stated that additional information was
available in the Building Department office for residents that are interested.
Mr. Carosi noted that a new series of maps, which replace those from 1978.
These new maps have been reviewed and accepted and will supplement the
new legislation. They contained revised additional information, i.e.: revised
elevations. These maps are available for review at Village Hall and they
will be on the Village's website shortly.
Trustee Feinstein questioned how a resident would know if they are in a
flood plain. Mr. Carosi noted that the new maps are much more accurate.
The maps now take advantage of satellite technology. Information can also
be obtained through FEMA and the Village's website. Insurance companies
now request the elevation of the property being insured.
Mr. Carosi presented the current map and reviewed the flood areas depicted
on it. This map was completed in 1979, and it was difficult to see specific
details. Next Mr. Carosi presented the new map. He pointed out that the
new map consists of five (5) pages and it depicts each home. It also shows
flood zones and, in general, shows a greater level of detail. These maps
give a good overview and representation of what currently exists.
Trustee Feinstein requested several wording changes to the proposed local
law, which were approved by the Board.
On a motion made by Trustee Joan Feinstein, and seconded by
Trustee Patricia Sanders Romano, the resolution was approved.
Mr. David Burke, Assistant to the Administrator, called the roll:
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand requested that a matter be taken out of order. He called for item #3
under resolutions:
Board of Trustees Meeting
September 11,2007
Page 6 of 39
3) APPOINTMENT OF RECREATION ATTENDANT
Mr. Bradbury read the following resolution:
RESOLUTION
APPOINTMENT OF A RECREATION ATTENDANT
RESOLVED, that Michael Iantorno of 63 Sylvan Road, Port
Chester, is hereby appointed to the position of Recreation Attendant with
the Village of Rye Brook, with a probationary period of no less than twelve
(12) weeks and no more than fifty-two (52) weeks; and be it further
RESOLVED, that the effective start date is October 1, 2007 with an
annual salary of$38,057.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the resolution was adopted.
Mr. Burke called the roll:
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mr. Bradbury noted that Mr. Iantorno comes highly recommended. He is a
resident of Port Chester and has been working with the Town or Rye. The
position to which he has been appointed is an additional position.
Mayor Rand welcomed Mr. Iantorno aboard. Mr. Iantorno thanked that
Board and Village for this opportunity.
With the consensus of the Board, Mayor Rand called for resolution#8:
Board of Trustees Meeting
September 11,2007
Page 7 of 39
8) CONSIDERING THE SUPPORT FOR A REGIONAL
STORMWATER DISTRICT
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE SUPPORT FOR A REGIONAL STORMWATER
DISTRICT
WHEREAS, the Environmental Protection Fund grant provided
funding to enable the Long Island Sound Watershed Intermunicipal Council
(LISWIC) to enter into an agreement with Malcolm Pirme, Inc., a
recognized engineering and consulting firm, to identify and evaluate
methods of providing services, funding scenarios, organizational structures,
proposed staffing, details of governance and the advantages and
disadvantages of a regional storm water management district; and
WHEREAS, the devastation to persons and property resulting from
the April 2007 nor'easter that struck Westchester County underscores the
exigency for regional cooperation to address storm water quantity as well
as storm water quality issues; and
WHEREAS, Malcolm Pirme's final report entitled Evaluation of a
Regional Storm Water Management District details and recommends and
organizational, operational, and financial structure for a regional storm
water management district and outlines legislative strategies, procedures,
statutory powers, authority, responsibility and other essential legislative
components of such a district; and
WHEREAS, LSIWIC members desire to implement the
recommendations of the Malcolm Pirnie report and to achieve the
economic, environmental, public health and service benefits that can be
realized by developing a legislative model to foster cooperation among
local governments in addressing regional storm water management and
flooding concerns.
NOW THEREFORE BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook hereby endorses the recommendations
contained in the Evaluation of a Regional Storm Water Management
District report and authorizes LISWIC to request that the state legislature
draft legislation to create a regional storm water management district for the
Board of Trustees Meeting
September 11, 2007
Page 8 of 39
lower Long Island Sound Drainage Basin with the authority, powers, duties
and responsibilities delineated in the Malcolm Pirnie report.
On a motion made by Trustee Sanders Romano, and seconded by
Trustee Michael Brown, the resolution was adopted.
Mr. Bradbury noted that is a resolution that LISWIC members drafted.
LISWIC is comprised of twelve (12) communities within the Long Island
water shed. LISWIC has been a very active group. They provide public
education, and have a website that all residents can access. The intent of
this document is that a grant was received to hire a consultant. The
municipalities are trying to review flood and storm water issues and this
$100,000.00 grant offsets a lot of the costs. Data has been reviewed and
conclusions have been reached. The goal is to solve water and flooding
problems. Pollution control is also part of this project. Mr. Bradbury
reviewed several of the proposed projects and goals set for the district.
There is a lot of information to be digested.
Mr. Burke called the roll:
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand noted that Trustee Rosenberg is the liaison to the Parks and
Recreation Council. Trustee Rosenberg was excused from the Board of Trustees
meeting to attend the Recreation meeting in the Board Room, and would return at
the completion of that meeting.
Mayor Rand reminded everyone that he is a resident of the Byram Ridge area, and
that he is very aware of the flooding issues in this area. A lot of the residents are
concerned about the storm water impact and flooding issues. He called upon
Mr. Bradbury to address the positive effect of the King Street Athletic Fields on
flooding and stormwater management.
Board of Trustees Meeting
September 11, 2007
Page 9 of 39
Mr. Bradbury stated that the work on the Village's ball fields have had a positive
impact on storm water runoff downstream. The additional retention offered by the
fields has reduced the water downstream. The retention system holds some of the
water back, and then releases it slowly. The next big project will be improvements
along King Street and Loch Lane. Mr. Carosi noted that the intent was to mitigate
the flooding problems along King Street and area, especially the area surrounding
the Beechwood Circle. Quite a bit of research has been done, and one of the
issues to be addressed is the aging infrastructure that is in place. The existing pipes
are deteriorated and some are no longer functioning. The project will include the
installation of new improved piping. This piping will go from King Street through
Loch Lane, and it is going to be an extensive project. The bidding will begin in
October as this will be a winter project. The Village will be working with the
residents in this area in order to obtain easements.
Mr. Bradbury noted that this is a very large project, and the objective is to stop the
flooding of the residents' properties. It was noted that the circle area had a slightly
lower elevation than the surrounding homes.
A resident of Woodland Drive asked that the channel be cleaned and that the area
be dredged. This would be a benefit to the residents in the area.
Mr. Bradbury noted that the work was being done in collaboration with LISWIC,
and Rye Brook has an equal vote. Mr. Carosi noted that the existing channel is in
very good condition. Dredging will be done in Rich Manor Park as it is an outlet.
Prior to dredging, Mr. Carosi stated that it is important to recognize how the water
behaves and the elevation. The idea is to control the water sent further down
stream. There was a retention system built in the King Street fields that holds
back some of the water back. A resident of the area noted that the way that the
King Street ball field system works is that it holds back some of the water and then
releases it slowly. Some residents have already noted that these improvements
have made a difference.
Another resident asked what type of guarantees the residents would be given that
this new piping will give the residents the relief that they are looking for. He
noted that during his home project there were specific items that he needed to
accomplish before being given permission to proceed with his addition. He
understood that everyone was working towards the same goal, and that was some
type of relief from the excessive storm water runoff. Mr. Carosi noted that the
proposed new piping will be rearranged to reduce the flooding up stream. The
potential problems downstream have been reviewed, and a limiting factor has been
built in.
Board of Trustees Meeting
September 11,2007
Page 10 of 39
Mayor Rand noted that the Village is trying to replace the aging systems. He
stated that there has been a lot of construction, and the Village has cut back
impervious surfaces, which helps with storm water management. In addition, the
Village has required substantially more drywells on properties. No one could have
anticipated the amount of water that came down during the storms in April, but the
Village is working towards avoiding this type of flooding in the future.
Mayor Rand returned to the agenda and called for the public hearing on item #2.
2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND
CHAPTER 24 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING THE ANNUAL FINANCIAL DISCLOSURE
STATEMENT.
Mayor Rand declared the public hearing open.
Mr. Bradbury gave a brief overview. Mayor Rand noted that the Ethics
Board began the requirement that members of the Village's various boards,
councils and commissions and staff fill out a financial disclosure forms. At
this time the Village Board was looking to add the Village Engineer and
Village Inspector to the list of who must annually fill out a financial
disclosure statement.
Mayor Rand called for discussion from the public and comments and
questions from the Board. As no one wished to address this matter, he
called for a motion to close the public hearing.
On a motion made by Trustee Feinstein, and seconded by Trustee Brown,
the public hearing was closed.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Board of Trustees Meeting
September 11,2007
Page 11 of 39
Mayor Rand called for the resolution on this matter.
2) CONSIDERING A PROPOSED LOCAL LAW TO AMEND
CHAPTER 24 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING THE ANNUAL FINANCIAL DISCLOSURE
STATEMENT
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 24
OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING
THE
ANNUAL FINANCIAL DISCLOSURE FORM
WHEREAS, a local law has been proposed to amend Chapter 24
adding additional Village employees to the list of required employees who
must fill out the annual financial disclosure form; and
WHEREAS, on September 11, 2007 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 September 11, 2007.
NOW, THEREFORE, BE IT RESOLVED, the amendments to
Chapter 24 of the Code of the Village of Rye Brook regarding required
employees who must fill out the annual financial disclosure form are
hereby adopted.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Board of Trustees Meeting
September 11,2007
Page 12 of 39
4) APPROVING THE USE OF VILLAGE STREETS FOR THE
FRIENDS OF CRAWFORD PARK 5K RACE
Mr. Bradbury read the following resolution:
RESOLUTION
APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF
CRAWFORD PARK 5K RACE
RESOLVED, that the Friends of Crawford Park are authorized to
use Village of Rye Brook streets for their 5K race on Sunday,
October 21, 2007, as requested in an email by Laura Klein dated
August 16, 2007; and be it
FURTHER RESOLVED, that Village streets shall be used in
compliance with the terms and/or conditions established by the Village of
Rye Brook Police Department.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the resolution was adopted.
Mayor Rand noted that everything is in place for this event.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
5) DECLARING MUNICIPAL EQUIPMENT AS SUPRLUS FOR SALE
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
September 11, 2007
Page 13 of 39
RESOLUTION
DECLARING MUNICIPAL EQUIPMENT AS SURPLUS FOR SALE
WHEREAS, the Village of Rye Brook has several pieces of municipal
vehicles and equipment that are no longer of functional value or use to the
Village and;
WHEREAS, the equipment may have a nominal resale value;
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the
equipment listed below is declared surplus to be sold to the highest qualified
bidder through sealed bids solicited through classified advertisement in the
official paper of the Village.
Make MODEL YEAR VIN DESCRIPTION
FORD CROWN VIC. 2000 2FAFP71 W7YX178797 Pass; 62,563 miles
FORD CROWN VIC. 2003 2FAFP71 WX3X105934 Pass; 51,330 miles
FORD CROWN VIC. 2003 2FAHP71 W23X105975 Pass; 52,422 miles
FORD CROWN VIC. 2004 2FAHP71 W94X100167 Pass; 37,080 miles
DODGE INTREPID 1995 1B3HD46FXSF624772 Pass; 74,381 miles
CHEVY KODIAK 1989 1GBP7D1Y6KV110633 Dump; 29,521 miles
GIANT VAC TRAILER 1985 177727 Leaf Loader
GIANT VAC TRAILER 1986 182850 Leaf Loader
GIANT VAC TRAILER 1986 239379 Leaf Loader
and,
BE IT FURTHER RESOLVED, that if no bids are received for a
particular item, the item may be disposed of through appropriate means;
and
BE IT FURTHER RESOLVED, that the Mayor is hereby
authorized to execute and deliver all documents necessary or appropriate to
accomplish the purposes of this resolution.
On a motion made by Trustee Sanders Romano, and seconded by
Trustee Rosenberg, the resolution was adopted.
Board of Trustees Meeting
September 11, 2007
Page 14 of 39
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
6) A RESOLUTION AUTHORIZING THE ISSUANCE OF
$341,000 BONDS OF THE VILLAGE OF RYE BROOK,
WESTCHESTER COUNTY, NEW YORK, TO PAY THE
COST OF VARIOUS CAPITAL PURPOSES IN AND FOR
SAID VILLAGE
Mr. Bradbury read the following resolution:
RESOLUTION
A RESOLUTION AUTHORIZING THE ISSUANCE OF $341,000 BONDS OF
THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY, NEW
YORK, TO PAY THE COST OF VARIOUS CAPITAL PURPOSES IN AND
FOR SAID VILLAGE
WHEREAS, all conditions precedent to the financing of the capital
purposes hereinafter described, including compliance with the provisions of
the State Environmental Quality Review Act to the extent required, have been
performed; and
WHEREAS, it is now desired to authorize the financing of such
capital purposes; NOW, THEREFORE, BE IT
BE IT RESOLVED, by the Board of Trustees of the Village of Rye
Brook, Westchester County, New York, as follows:
Section 1. For the purpose of paying the cost of the objects or purposes
hereinafter set forth in Section 2 of this bond resolution,
including, in each instance, incidental expenses in connection
therewith, there are hereby authorized to be issued $341,000
bonds of said Village pursuant to the provisions of the Local
Finance Law, allocated and apportioned among the specific
objects or purposes or classes of objects or purposes in
Board of Trustees Meeting
September 11, 2007
Page 15 of 39
accordance with the maximum estimated cost of each as set
forth in Section 2 hereof
Section 2. The objects or purposes to be financed pursuant to this bond
resolution are as follows:
(a) To pay the cost of the purchase of police vehicles for use
by the Village's Police Department to replace similar
vehicles in service for one year or more, a class of objects
or purposes, at a maximum estimated cost of $50,000. It
is hereby determined that the plan for the financing
thereof shall consist of the issuance of $50,000 bonds of
the $341,000 bonds authorized to be issued pursuant to
this bond resolution. It is hereby further determined that
the period of probable usefulness of the aforesaid class of
objects or purposes is three years pursuant to subdivision
seventy-seven of paragraph a of Section 11.00 of the
Local Finance Law;
(b) To pay the cost of the purchase of passenger vehicles to
replace similar vehicles in service for three years or more,
a class of objects or purposes, at a maximum estimated
cost of $64,000. It is hereby determined that the plan for
the financing thereof shall consist of the issuance of
$64,000 bonds of the $341,000 bonds authorized to be
issued pursuant to this bond resolution. It is hereby
further determined that the period of probable usefulness
of the aforesaid class of objects or purposes is three years
pursuant to subdivision seventy-seven of paragraph a of
Section 11.00 of the Local Finance Law;
(c) To pay the cost of the acquisition and installation of diesel
generators, a class of objects or purposes, at a maximum
estimated cost of $176,000. It is hereby determined that
the plan for the financing thereof shall consist of the
issuance of $176,000 bonds of the $341,000 bonds
authorized to be issued pursuant to this bond resolution. It
is hereby further determined that the period of probable
usefulness of the aforesaid class of objects or purposes is
five years pursuant to subdivision thirty-two of
paragraph a of Section 11.00 of the Local Finance Law;
(d) To pay part of the $65,000 estimated maximum cost of the
replacement of a passenger bus seating at least ten
persons, for senior citizens and others, a specific object or
purpose, at a maximum estimated cost of $16,000. It is
hereby determined that the plan for the financing thereof
Board of Trustees Meeting
September 11, 2007
Page 16 of 39
shall consist of the issuance of $16,000 bonds of the
$341,000 bonds authorized to be issued pursuant to this
bond resolution, together with $49,000 expected to be
received in the form of a grant from the County of
Westchester. It is hereby further determined that the
period of probable usefulness of the aforesaid specific
object or purpose is five years pursuant to subdivision
twenty-nine of paragraph a of Section 11.00 of the Local
Finance Law;
(e) To pay the cost of the purchase of a new trailer for Village
recreation purposes, a specific object or purpose, at a
maximum estimated cost of $15,000. It is hereby
determined that the plan for the financing thereof shall
consist of the issuance of $15,000 bonds of the $341,000
bonds authorized to be issued pursuant to this bond
resolution. It is hereby further determined that the period
of probable usefulness of the aforesaid specific object or
purpose is five years pursuant to subdivision thirty-two of
paragraph a of Section 11.00 of the Local Finance Law;
(f) To pay the cost of the replacement of heating, ventilating
and air conditioning equipment at the Anthony J. Posillipo
Senior Center, a class of objects or purposes, at a
maximum estimated cost of $20,000. It is hereby
determined that the plan for the financing thereof shall
consist of the issuance of $20,000 bonds of the $341,000
bonds authorized to be issued pursuant to this bond
resolution. It is hereby further determined that the period
of probable usefulness of the aforesaid class of objects or
purposes is five years pursuant to subdivision thirty-two
of paragraph a of Section 11.00 of the Local Finance Law;
Section 3. It is hereby further determined that the maximum maturity
of the bonds herein authorized in paragraphs (c), (d), (e) and
(f) of Section 2 hereof is limited to five years.
Section 4. Subject to the provisions of the Local Finance Law, the
power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the bonds herein authorized, including renewals of such
notes, is hereby delegated to the Village Treasurer, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be
prescribed by said Village Treasurer, consistent with the
provisions of the Local Finance Law.
Board of Trustees Meeting
September 11, 2007
Page 17 of 39
Section 5. The faith and credit of said Village of Rye Brook,
Westchester County, New York, are hereby irrevocably
pledged to the payment of the principal of and interest on
such bonds as the same respectively become due and
payable. An annual appropriation shall be made in each
year sufficient to pay the principal of and interest on such
bonds becoming due and payable in such year. There shall
annually be levied on all the taxable real property of said
Village a tax sufficient to pay the principal of and interest
on such obligations as the same become due and payable.
Section 6. Such bonds shall be in fully registered form and shall be
signed in the name of the Village of Rye Brook,
Westchester County, New York, by the manual or facsimile
signature of the Village Treasurer and a facsimile of its
corporate seal shall be imprinted or impressed thereon and
may be attested by the manual or facsimile signature of the
Village Clerk.
Section 7. The powers and duties of advertising such bonds for sale,
conducting the sale and awarding the bonds, are hereby
delegated to the Village Treasurer, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in
such manner as he shall deem best for the interests of the
Village; provided, however, that in the exercise of these
delegated powers, he shall comply fully with the provisions
of the Local Finance Law and any order or rule of the State
Comptroller applicable to the sale of municipal bonds. The
receipt of the Village Treasurer shall be a full acquittance to
the purchaser of such bonds, who shall not be obliged to see
to the application of the purchase money.
Section 8. All other matters, except as provided herein relating to such
bonds, including determining whether to issue such bonds
having substantially level or declining annual debt service
and all matters related thereto, prescribing whether manual
or facsimile signatures shall appear on said bonds,
prescribing the method for the recording of ownership of
said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds
(and if said bonds are to be executed in the name of the
Village by the facsimile signature of its Village Treasurer,
providing for the manual countersignature of a fiscal agent
or of a designated official of the Village), the date,
denominations, maturities and interest payment dates, place
Board of Trustees Meeting
September 11, 2007
Page 18 of 39
or places of payment, and also including the consolidation
with other issues, shall be determined by the Village
Treasurer. It is hereby determined that it is to the financial
advantage of the Village not to impose and collect from
registered owners of such bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the
fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70.00 of the Local Finance Law, no such charges
shall be so collected by the fiscal agent. Such bonds shall
contain substantially the recital of validity clause provided
for in section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in
addition to those required by section 52.00 of the Local
Finance Law, as the Village Treasurer shall determine.
Section 9. This resolution shall constitute a statement of official intent
for purposes of Treasury Regulations Section 1.150 - 2.
Other than as specified in this resolution, no monies are, or
are reasonably expected to be, reserved, allocated on a long-
term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described
herein.
Section 10. The validity of such bonds and bond anticipation notes may
be contested only if:
(1) Such obligations are authorized for an
object or purpose for which said Village is not authorized to
expend money, or
(2) The provisions of law which should be
complied with at the date of publication of this resolution
are not substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
(3) Such obligations are authorized in
violation of the provisions of the Constitution.
Section 11. This resolution, which takes effect immediately, shall be
published in summary in The Journal News, a newspaper
having general circulation in said Village, together with a
notice of the Village Clerk in substantially the form
provided in Section 8 1.00 of the Local Finance Law.
Board of Trustees Meeting
September 11, 2007
Page 19 of 39
Mr. Bradbury noted that this was a bond resolution that covers items not in
the Village's annual budget. Trustee Rosenberg noted that these items have
been discussed
On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders
Romano, the resolution was adopted.
Mr. Burke called the roll:
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
7) AGREEMENT WITH THE TOWN OF RYE FOR HEALTH
CLAIMS AND TAX COLLECTION
Mr. Bradbury read the following resolution:
RESOLUTION
AUTHORIZING THE VILLAGE OF RYE BROOK
TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT
WITH THE TOWN OF RYE CONCERNING
REIMBURSEMENT OF MEDICAL AND DENTAL BENEFITS
AND TAX COLLECTION FEES
WHEREAS, a dispute arose between the Village of Rye Brook (the
"Village") and the Town of Rye (the "Town") concerning the Village's
obligation to reimburse the Town for the Town's payment of medical and
dental benefits for certain Rye Town employees pursuant to an agreement
between the Village and the Town dated March 15, 1984; and
WHEREAS, the Village and the Town desire to resolve these issues
by entering into an agreement for the reimbursement of certain medical and
dental benefits and tax collection fees by the Village to the Town totaling
Two Hundred Seventy Two Thousand Four Hundred Sixty One and 77/100
($272,461.77) Dollars (Two Hundred Thirty-One Thousand Three Hundred
Board of Trustees Meeting
September 11,2007
Page 20 of 39
Fifty-Six and 52/100 [$231,356.52] Dollars in reimbursed medical and
dental benefits and Forty One Thousand One Hundred Five and 25/100
[$41,105.25] Dollars in tax collection fees); and
WHEREAS, by the reimbursement of these fees, the Village has
fully satisfied all of its obligations to reimburse the Town for such
payments pursuant to the March 15, 1984 Agreement, up to and including
the date of this resolution, September 11, 2007.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook authorizes the Village to enter into an
Intermunicipal Agreement with the Town of Rye concerning the
reimbursement of these medical and dental payments and tax collection
fees; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to
execute and deliver the Agreement (a copy of which is annexed hereto) and
any other necessary document to resolve these claims.
Mr. Bradbury noted that in March of 1984 the Village and the Town came
to an agreement. Mayor Rand noted that the Village had to carry a
contingent and this agreement resolves the outstanding claims, and the
Village can remove the liability from its balance sheet
Through negotiations with the Town, the numbers were decided upon, and
an agreement was reached.
On a motion made by Trustee Sanders Romano, and seconded by
Trustee Rosenberg, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Board of Trustees Meeting
September 11, 2007
Page 21 of 39
9) AUTHORIZING THE VILLAGE OF RYE BROOK TO RETAIN
THE VILLAGE ATTORNEY TO DEFEND THE VILLAGE, ITS
TRUSTEES AND PLANNING BOARD MEMBERS AGAINST AN
ARTICLE 78 PROCEEDING COMMENCED BY THE CITY OF
RYE AND CERTAIN INDIVIDUALS RESIDING IN THE CITY OF
RYE
Mr. Bradbury read the resolution.
RESOLUTION
AUTHORIZING THE VILLAGE OF RYE BROOK
TO RETAIN THE VILLAGE ATTORNEY TO DEFEND
THE VILLAGE, ITS TRUSTEES AND
PLANNING BOARD MEMBERS AGAINST AN
ARTICLE 78 PROCEEDING COMMENCED
BY THE CITY OF RYE AND CERTAIN INDIVIDUALS
RESIDING IN THE CITY OF RYE
WHEREAS, the City of Rye and certain individual business owners
and residents in the City of Rye have commenced an Article 78 proceeding
against the Village of Rye Brook, its Mayor and Trustees and the Planning
Board of the Village of Rye Brook, all in their representative capacity
seeking to vacate, annul and set aside the Village's Site Plan Approval
Resolution for the K&M Realty Group, Ltd. project located on Bowman
Avenue, including the construction of ten (10) residential units on the
peninsula portion of the property and the development of a passive Village
park on the asset park parcel and also to annul the Planning Board's
approval resolution granting said project a Wetlands Permit and Steep
Slope Permit for a purported failure to prepare a Supplemental
Environmental Impact Statement ("SEIS") and consider certain
environmental impacts of the project; and
WHEREAS, the Village, on behalf of its Mayor, Trustees, Planning
Board and Planning Board Members vigorously deny the allegations set
forth in said Petition and assert that the Petition lacks substantive merit and
is procedurally defective.
NOW, THEREFORE, BE IT RESOLVED, that the Village of
Rye Brook hereby authorizes Keane & Beane, P.C. as Village Attorney, to
defend the Village, its Mayor and Trustees, Planning Board and Planning
Board Members in this Article 78 proceeding and to perform all related
Board of Trustees Meeting
September 11, 2007
Page 22 of 39
functions in connection with that defense, including the assertion of any
appropriate counter-claims and other relief.
Trustee Feinstein noted that the application of the Bowman Avenue
property was approved by the Board of Trustees in July of 2007. The
Planning Board reviewed parts of the application, made recommendations,
and approved parts of the application. The law firm of Keane and Beane
has now been retained to defend the Village against this action that was
brought against the Village of Rye Brook by individual and commercial
property owners in the City of Rye.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
10) 2006— 2007 YEAR END BUDGET MODIFICATIONS
Mr. Bradbury read the following resolution:
RESOLUTION
2006 - 2007 YEAR END BUDGET MODIFICATIONS
RESOLVED, that the following 2006/2007 budget modification be
hereby approved:
FROM TO AMOUNT
101.1990.424 101.1230.110 $ 10,783
(Contingency) (Village Administrator—
Village Administrator)
Board of Trustees Meeting
September 11,2007
Page 23 of 39
FROM TO AMOUNT
101.1990.424 101.1325.110 $ 4,003
(Contingency) (Village Treasurer—
Treasurer)
101.1990.424 101.1325.140 $ 4,214
(Contingency) (Village Treasurer—
Deputy Treasurer)
101.1650.497 101.1010.468 $ 700
(Central Communications) (BOT—Municipal
Associations)
101.1650.497 101.1010.469 $ 428
(Central Communications) (BOT—Misc.)
101.1650.497 101.1325.140 $ 393
(Central Communications) (Village Treasurer—
Deputy Treasurer)
101.1650.497 101.1325.442 $ 3,601
(Central Communications) (Village Treasurer—
Banking Services)
101.1650.497 101.1325.499 $ 2,224
(Central Communications) (Village Treasurer—
Contractual)
101.1660.496 101.1410.110 $ 2,871
(Central Supplies) (Village Clerk—
Village Admin/Clerk)
101.1660.496 101.1410.170 $ 223
(Central Supplies) (Village Clerk—
Village Admin/Clerk)
101.1660.496 101.1410.499 $ 4,760
(Central Supplies) (Village Clerk—
Contractual)
101.1660.496 101.1670.495 $ 29
(Central Supplies) (Central Print/Mail)
101.8120.403 101.5110.110 $ 1,146
(Sewer District) (Highway Maint—
Dir. Of Operations/Foreman)
Board of Trustees Meeting
September 11,2007
Page 24 of 39
FROM TO AMOUNT
101.8120.403 101.5110.160 $ 16,893
(Sewer District) (Highway Maint—
Laborer)
101.8120.403 101.8160.468 $ 29,251
(Sewer District) (Refuse/Recycling
Collection)
101.8120.403 101.8160.471 $ 42,064
(Sewer District) (Disposal Fees)
101.8120.403 101.1640.110 $ 511
(Sewer District) (Central Garage—
Mechanic)
101.8120.403 101.1640.445 $ 9,996
(Sewer District) (Central Garage—
Repair Parts)
101.8560.414 101.1640.189 $ 1,471
(Shade Trees - (Central Garage—
Shrubs/Trees) Overtime)
101.8560.458 101.1640.189 $ 32
(Shade Trees - (Central Garage—
Supplemental Services) Overtime)
101.3410.441 101.3120.189 $ 1,638
(Fire Protection - (Police Dept—
Equipment Maint/Repairs) Overtime)
101.3410.170 101.3120.189 $ 45
(Fire Protection - (Police Dept—
Caretaker) Overtime)
101.3410.190 101.3120.189 $ 296
(Fire Protection - (Police Dept—
Holiday) Overtime)
101.3410.425 101.3120.189 $ 919
(Fire Protection - (Police Dept—
Uniforms) Overtime)
Board of Trustees Meeting
September 11,2007
Page 25 of 39
FROM TO AMOUNT
101.3410.451 101.3120.189 $ 66
(Fire Protection - (Police Dept—
Heating Fuel) Overtime)
101.3410.470 101.3120.189 $ 288
(Fire Protection - (Police Dept—
EMS Supplies) Overtime)
101.3410.471 101.3120.189 $ 1,994
(Fire Protection - (Police Dept—
Hose Replacement) Overtime)
101.6772.160 101.7140.419 $ 91
(Human Services - (Recreation Dept—
Program Leaders) Tools)
101.6772.160 101.7140.475 $ 19
(Human Services - (Recreation Dept—
Program Leaders) Adult Programs)
101.6772.160 101.7140.478 $ 15
(Human Services - (Recreation Dept—
Program Leaders) Special Events)
101.6772.450 101.7140.431 $ 284
(Human Services - (Recreation Dept—
AJP Utilities) Utilities)
101.6772.454 101.7140.431 $ 721
(Human Services - (Recreation Dept—
Travel/Conf/Dues) Utilities)
101.6772.469 101.7140.431 $ 36
(Human Services - (Recreation Dept—
Misc.) Utilities)
101.6772.475 101.7140.431 $ 581
(Human Services - (Recreation Dept—
Transportation) Utilities)
101.6772.499 101.7140.431 $ 551
(Human Services - (Recreation Dept—
Contractual) Utilities)
Board of Trustees Meeting
September 11,2007
Page 26 of 39
FROM TO AMOUNT
101.5142.417 101.1640.189 $ 11,370
(Snow Removal - (Central Garage—
Sand/Salt) Overtime)
101.5142.417 101.1640.431 $ 2,969
(Snow Removal- (Central Garage—
Sand/Salt) Utilities)
101.5142.417 101.1640.415 $ 1,000
(Snow Removal- (Central Garage—
Sand/Salt) Fuel& Oil)
101.1660.496 101.1620.411 $ 1,141
(Central Supplies) (Village Offices—
Maint Supplies)
101.1660.496 101.1680.408 $ 493
(Central Supplies) (MIS—Diskettes, Etc.)
101.1660.496 101.1680.411 $ 1,647
(Central Supplies) (MIS—Computer Supplies)
101.1910.422 101.1680.110 $ 1,022
(Unallocated Insurance) (MIS—MIS Coord.)
101.1910.422 101.1680.498 $ 2,330
(Unallocated Insurance) (MIS—Educ./Training)
101.1910.422 101.1680.499 $ 820
(Unallocated Insurance) (MIS—Contractual)
101.1910.422 101.1980.423 $ 1,011
(Unallocated Insurance) (Consulting Fees)
101.1910.422 101.3120.189 $ 1,842
(Unallocated Insurance) (Police Dept—
Overtime)
101.9040.800 101.7140.110 $ 5,567
(Employee Benefits - (Recreation Dept—
Workers Comp) Supt. of Recreation)
101.9040.800 101.7140.120 $ 1,405
(Employee Benefits - (Recreation Dept—
Workers Comp) Recreation Leader)
Board of Trustees Meeting
September 11,2007
Page 27 of 39
FROM TO AMOUNT
101.9040.800 101.7140.130 $ 747
(Employee Benefits - (Recreation Dept—
Workers Comp) Senior Office Asst.)
101.9040.800 101.7140.140 $ 770
(Employee Benefits - (Recreation Dept—
Workers Comp) Recreation Attendant)
101.9040.800 101.7140.150 $ 3,050
(Employee Benefits - (Recreation Dept—
Workers Comp) Seasonal Maint Attendants)
101.9040.800 101.7140.160 $ 8,623
(Employee Benefits - (Recreation Dept—
Workers Comp) Program Leaders)
101.9040.800 101.7140.199 $ 7,650
(Employee Benefits - (Recreation Dept—
Workers Comp) Overtime/Vacation Pay)
101.8120.403 101.8320.400 $ 24,467
(Sewer District) (Hydrant Rental)
101.1995.426 101.1325.499 $ 2,322
(Bonding Expenses) (Treasurer's Office—
Contractual)
101.9050.560 101.1325.499 $ 3,100
(Employee Benefits - (Treasurer's Office—
Prof. Development) Contractual)
101.9050.815 101.1325.499 $ 964
(Employee Benefits - (Treasurer's Office—
Life Insurance) Contractual)
101.9060.818 101.1325.499 $ 2,271
(Employee Benefits - (Treasurer's Office—
Dental Insurance) Contractual)
101.9060.820 101.1325.499 $ 1,003
(Employee Benefits - (Treasurer's Office—
Vision Care) Contractual)
Board of Trustees Meeting
September 11,2007
Page 28 of 39
FROM TO AMOUNT
101.3510.499 101.3620.110 $ 3,295
(Control of Dogs - (Safety Inspection—
Contractual) Village Engineer)
101.8020.199 101.3620.120 $ 2,259
(Planning Board- (Safety Inspection—
Part time Videotaping) Building Inspector)
101.1930.439 101.1325.469 $ 2,694
(Special Items - (Treasurer's Office—
Judgments & Claims) Misc.)
101.1930.439 101.1325.499 $ 7,273
(Special Items - (Treasurer's Office—
Judgments & Claims) Contractual)
101.8120.403 101.1325.499 $ 13,402
(Sewer District) (Treasurer's Office—
Contractual)
101.4540.460 101.1325.499 $ 2,200
(Volunteer Ambulance) (Treasurer's Office—
Contractual)
101.9010.428 101.1325.499 $ 201
(Employee Benefits - (Treasurer's Office—
State Retirement) Contractual)
101.9040.800 101.1325.499 $ 375
(Employee Benefits - (Treasurer's Office—
Workers Comp) Contractual)
101.9950.900 101.1620.441 $ 5,697
(Interfund Transfer) (Village Offices—
Maint/Repairs)
101.9950.900 101.1650.497 $ 2,421
(Interfund Transfer) (Central Communications)
101.9950.900 101.3620.110 $ 1,157
(Interfund Transfer) (Safety Inspection—
Village Engineer)
Board of Trustees Meeting
September 11,2007
Page 29 of 39
FROM TO AMOUNT
101.9950.900 101.3620.120 $ 1,928
(Interfund Transfer) (Safety Inspection—
Building Inspector)
101.9950.900 101.7140.473 $ 6,056
(Interfund Transfer) (Recreation Dept. —
Youth Activities)
101.1420.458 101.1325.469 $ 2,887
(Village Attorney - (Village Treasurer—
Supplemental Services) Misc.)
101.1680.200 101.1325.469 $ 1,185
(MIS—Equipment) (Village Treasurer—
Misc.)
101.7140.160 101.6772.445 $ 423
(Recreation Dept. - (Human Services—
Program Leaders) Repairs)
101.9950.900 101.1325.499 $20,014
(Interfund Transfer) (Village Treasurer—
Contractual)
101.9730.101 101.9710.301 $ 1,490
(BAN Interest) (Serial Bond Interest)
101.7140.445 101.9710.301 $ 1,557
(Recreation Dept. - (Serial Bond Interest)
Equipment Repair&
Supplies)
FURTHER RESOLVED, that the following budget increases in Revenues
and Expenditures be approved:
ACCOUNT ACCOUNT
NUMBER NAME INCREASE
101.2200.156 Inspection Fees $100,000
101.2200.240 Interest Earnings $100,000
101.2200.305 Mortgage Taxes $ 11,000
101.2200.307 Sales Tax $ 61,500
101.1930.439 Special Items - $125,000
Judgments & Claims
Board of Trustees Meeting
September 11,2007
Page 30 of 39
ACCOUNT ACCOUNT
NUMBER NAME INCREASE
101.1420.458 Village Attorney - $ 20,000
Supplemental Services
101.1680.200 MIS—Equipment $ 20,000
101.4540.460 Volunteer Ambulance $ 40,000
101.7140.160 Recreation Dept— $ 10,000
Program Leaders
101.7140.445 Recreation Dept- $ 10,000
Equipment Repair&
Supplies
101.5182.402 Street Lighting $ 6,000
101.9730.100 BAN Principal $ 31,500
101.9730.101 BAN Interest $ 10,000
Mr. Bradbury noted that this is a transfer between accounts. A copy of this
resolution is available in the Administrator's office for anyone wishing to
review it. Mr. Bradbury reviewed several of the transfers for the Board,
showing how some accounts were over budgeted, while others were under
budgeted.
On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders
Romano, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
11) APPOINTMENT OF LEAD MAINTENANCE MECHANIC
(AUTOMOTIVE)
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
September 11,2007
Page 31 of 39
RESOLUTION
APPOINTMENT OF LEAD MAINTENANCE MECHANIC
(AUTOMOTIVE)
RESOLVED, that Edward Lipowiecki of 219 Irenhyl Avenue, Rye
Brook, New York, is hereby appointed to the position of Lead Maintenance
Mechanic (Automotive) 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 $69,343 with an
effective start date of September 12, 2007.
On a motion made by Trustee Sanders Romano, and seconded by
Trustee Brown, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mr. Bradbury noted that Mr. Lipowiecki could not attend this evening's
meeting, but extended his thanks to the Board for this opportunity through
Mr. Bradbury. It was noted that Ed has been a Village employee for 20
years.
9) CONSIDERING THE APPOINTMENT OF ASSISTANT TO THE
VILLAGE ADMINISTRATOR
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
September 11,2007
Page 32 of 39
RESOLUTION
APPOINTMENT OF ASSISTANT TO
THE VILLAGE ADMINISTRATOR
RESOLVED, that David Burke of 52 Elmont Avenue, 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 $42,000 with an
effective start date of September 12, 2007.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the resolution was adopted.
Mr. Burke called the roll:
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
13) APPOINTMENT TO THE AIRPORT ADVISORY COUNCIL
Mr. Bradbury read the following resolution:
RESOLUTION
APPOINTMENT TO THE AIRPORT ADVISORY COUNCIL
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook, hereby appoints David J. Meiselman
of 3 Meeting House Lane, Rye Brook, NY to the Airport Advisory Council.
Board of Trustees Meeting
September 11, 2007
Page 33 of 39
On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders
Romano, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
14) APPROVING THE RE-APPOINTMENT OF THE VILLAGE OF
PORT CHESTER'S COMMUNITY REPRESENTATIVE TO THE
EMERGENCY MEDICAL SERVICES COMMITTEE
Mr. Bradbury read the following resolution:
RESOLUTION
APPROVING THE RE-APPOINTMENT OF THE VILLAGE OF PORT
CHESTER'S COMMUNITY REPRESENTATIVE TO THE EMERGENCY
MEDICAL SERVICES COMMITTEE (EMSC)
WHEREAS, the inter-municipal agreement, between the Village
Rye Brook, City of Rye and Village of Port Chester, for emergency medical
services provides for an Emergency Medical Services Committee; and
WHEREAS, the Village of Port Chester has approved the
nomination of David Byrnes to the Committee as their Community
Representative.
NOW, THEREFORE, BE IT RESOLVED, that the Village of
Rye Brook hereby approves the re-appointment of David Byrnes as the
Community Representative to the Emergency Medical Services Committee
(EMSC) for the Village of Port Chester.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the resolution was adopted.
Board of Trustees Meeting
September 11, 2007
Page 34 of 39
Mr. Burke called the roll:
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
With the permission of the Board, Mayor Rand requested that an additional
resolution be added to the agenda.
RESOLUTION
NOW THEREFORE BE IT RESOLVED that the Village Board
regular meeting currently scheduled for October 91h and 23rd will be re-
scheduled to October 16th and 30th
Mayor Rand noted that the changes were being made in order to ensure that
there would a quorum at the meetings.
On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders
Romano, the resolution was adopted.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand called for the Administrator's Report.
Board of Trustees Meeting
September 11,2007
Page 35 of 39
ADMINISTRATOR'S REPORT:
Mr. Bradbury stated that he had some updates for the Board on capital projects.
He noted that the street resurfacing is almost complete, and the sidewalks on
Ellendale, West Williams and Franklin are completed. The road conditions survey
is also almost finished and the final report is expected by late October. He also
noted that the Greenwich/King Street project, near Shemins Nursery, is still on
track. This is a State run project.
Mr. Bradbury addressed issues regarding the airport. He noted that a public
hearing was scheduled for December 17, 2007. At that time the Westchester
County Energy and Environmental Committee will address the de-icing project.
In addition, Martin Rogowsky has reported that there will be no increase in noise
from the airport to the Bellefair Community.
The Green Waste Program is starting. No garbage is to be put out prior to the
night before. The police have been issuing warnings, and giving out violations.
The Leaf Program starts on October 1, 2007 and runs through December.
Residents are asked to keep piles on the curb line. They are also reminded to
consider the safety of the workers and ensure that nothing but leaves are in these
piles.
Mayor Rand noted that there has been an issue with some of the programs run
through the Rye Brook Recreation Department. Some residents are upset that
certain programs are open to boys and not girls, and an e-mail was sent around
using the words "gender discrimination." Trustee Rosenberg stated that this was a
miscommunication, because all children will be given every opportunity to play.
The staff tries to offer as many programs to the Village children as possible. If
there is a boy's program that is not offered to the girls in that age group, then the
Village will make sure that if a child wants to play they will be given every
opportunity to play. There is no discrimination here. The Recreation Counsel and
Village Staff try to offer as many programs as possible to the Village's children as
possible.
Mayor Rand noted that he receives e-mails regarding residents who have been
reminded that trash is not allowed out until a certain time by either the police or a
Village employee. It is incumbent upon the resident who puts trash out early to
remove it and then put it out at the appropriate time. Staff has it within their
purview to remind the residents, and the police force can issue summons.
Board of Trustees Meeting
September 11, 2007
Page 36 of 39
Chief Austin noted that officers go out on daily patrol. A log is kept of the
violations that are noticed. First warnings are issued, and if the violation
continues, then summons are issued. Only 20 summons have been issued in
comparison to the 170 residents that have been notified of violations.
Mayor Rand noted that the sanitation workers are not employees, but they try their
best to advise the residents prior to reporting a violation.
Chief Austin noted that every Saturday and Sunday officers are removing tag sale
and real estate sale signs down. Residents are reminded that no signs should be
installed in the Village's right of way.
Mayor Rand called for comments from the public. A resident asked that the
discussion of Byram Ridge area be continued. He asked that the exact role of Rich
Manor Park be described because as he understood it 30 years ago the purpose of
this parcel was to catch the water from Beechwood Circle. Rich Manor Park is
actually a swamp and the resident felt that it should not be referred to as a park. It
was noted that many of the rear yards in this area flood, and stay wet. The
determination of what this parcel is makes the decision of whether to dredge or
pick up sticks.
Mr. Carosi responded that he did not have a definitive answer. From an
engineering perspective there are no mapping or plans that would specifically
identify that parcel for flood control. The Village does have some generalized
information regarding the Pond at Acker Drive. Rich Manor is a generally flat
parcel of land.
Mr. Bradbury agreed that Rich Manor Park is not a park per se. This area has
been studied along with the Eastern Branch of the Blind Brook. This study has to
do with hydrology and the flow of the water. The review is a systematic approach
and refers back to a report prepared in 2002. Some of the area of the Brook is on
private property, which makes the study a little more difficult. Easements are
given for the purpose of the study.
Mayor Rand noted that Rich Manor Park is a flood zone. Unfortunately this
property is only hard in January when it is frozen over. This area cannot be
changed because it is a federally designated flood zone.
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September 11, 2007
Page 37 of 39
Edward Beane, Esq. noted that the Rich Manor Park was designated as parkland
when it was donated to the Village.
Dean Santon of Hillendale addressed the Board. He noted that The Rich Manor
subdivision was built in various phases. In 1968 Rich Manor Park was deeded to
the Village, and designated as parkland. An additional 9+ acres was purchased by
the Village. Building homes in the flood plain made no sense and so the Village
now owns approximately 10 '/2 acres there. The intent of purchasing this property
was to stop more homes from being built in that area. Mr. Santon continued,
noting that there is no body of water in the Village of Rye Brook that is on
municipally owned land other than Rich Manor Park. All other property around
the Blind Brook is private property. The Village would need to obtain easements
across private property to gain access to the Blind Brook.
While the Village looks at reducing the flow of water into the Beechwood Circle
area, Mr. Santon suggested a detention basin be constructed upstream. He also
suggested an underground detention basin in the Beechwood Circle. Mr. Bradbury
noted that this type of project is a very expensive project.
Mr. Richard Abel addressed the Board. He questioned what the executive session,
that was held prior to the regular meeting, entailed. Mayor Rand noted the session
surrounded personnel and legal matters. The legal matters concerned resolution
#9.
Mr. Abel questioned where the change of the length of terms for the Board of
Trustees originated. Trustee Feinstein noted that she brought the matter up to the
Board and that it has been discussed, at public meetings, for some time now. The
Board reviewed why a three (3) year term would be better versus a two (2) year
term or a four (4) year term. Trustee Feinstein noted that once elected, it takes
time to figure out the requirements of the position and, by that time, it is election
time again. She felt that a three (3) year term would be better for everyone
involved. The decision to initiate the change was the Board's decision, a public
hearing was held on this matter, and now the final decision will be left up to the
voters. Mr. Abel reminded the Board that this matter was on the ballot one time
before and it was turned down. Trustee Feinstein noted that the Board was aware
of that, but she hoped that the open discussions and genesis behind putting this on
the ballot again would result in its approval.
A resident asked that a DARE program be started in the Port Chester School
system. There is a program in the Blind Brook High School, but nothing in Port
Board of Trustees Meeting
September 11, 2007
Page 38 of 39
Chester. It was noted that 1/3 of the population of the Port Chester schools are
Rye Brook residents. Chief Austin was directed to look into this matter, along
with Mr. Bradbury.
Trustee Rosenberg noted that he read a recent article about a change in the Zoning
Code in Crreenburg mandating energy star homes. He requested that the Village's
administration review this matter and see if it was something that Rye Brook
should be doing as well. Mr. Bradbury stated that he would be happy to review
this matter.
There being no further business before the Board, the meeting was adjourned at
9:40 p.m.
Board of Trustees Meeting
September 11,2007
Page 39 of 39