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HomeMy WebLinkAbout2007-12-11 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, DECEMBER 11, 2007—7:30 P.M. 7:00 PM- Executive Session—Legal Matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: (1) Public Hearing on proposed amendments to Chapter 130 of the Village of Rye Brook Village Code, Flood Damage Prevention (2) Public Hearing on an amended local law extending the Building Permit Amnesty Program RESOLUTIONS: (1) Considering amendments to Chapter 130 of the Village of Rye Brook Village Code, Flood Damage Prevention (2) Considering an amended local law extending the Building Permit Amnesty Program (3) Setting a Public Hearing to adopt a local law changing the term of office for the Mayor and Trustees from two years to three years (4) Considering request for NYS Department of Transportation traffic improvements on King Street (5) Authorizing the County to act as Purchasing Agent for the Village of Rye Brook (6) Considering the appointment of a parks attendant (7) Authorizing a salary adjustment for caretaker (8) Authorizing a stipend for additional responsibilities as Assistant Foreman ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: (1) Permit for connecting into drainage system ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS January 8 and January 22, 2008 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders Romano Trustee Paul Rosenberg STAFF: David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Secretary CONVENE: Mayor Rand asked everyone to join him in the Pledge of Allegiance. Mayor Rand introduced Melissa DeVincenzo and Lisa Simon from the Port Chester Public Library and explained they were here tonight to give the Rye Brook Board an update on the Library negotiations and what took place at their meeting with the Village of Port Chester. Ms. DeVincenzo addressed the Board and stated they had a very productive meeting with the Village of Port Chester Mayor and Board of Trustees and that there were a lot of questions asked and answered. Ms. DeVincenzo believed it was a positive meeting but explained there was still a question regarding governance and the election of Library Board Trustees. The Library Board has mechanisms in place to keep the Villages informed with the monthly reports and the annual audits. She added that the Village of Port Chester would be putting a resolution to vote at their next meeting and was optimistic and hopeful they would be moving forward. Mayor Rand and Mr. Bradbury explained that prior to tonight's meeting they met with George Latimer and addressed some issues that are of concern to Rye Brook. Mr. Latimer advised that there is a sense of urgency in regard to the Library and hopefully the attorneys can address the issues by mid February. Mayor Rand added that the Village will inform the law firm of Turner and Turner of the time constraints. Ms. DeVincenzo believes Turner and Turner is close to completion of the various documents and that once received she will e-mail them to everyone for review. She added again that the issue of governance may be a deal breaker because the Library Board is adamant about not bring politics into running the Library. Mayor Rand thanked them for coming and for providing the monthly updates and looks forward to moving ahead. Mayor Rand called for Resolution Number 6 on the agenda. Chris Bradbury, Village Administrator,read the resolution: APPOINTMENT OF A RECREATION ATTENDANT RESOLVED, that Joseph Orlando of 28 Comly Avenue, Greenwich, CT 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 December 17, 2007 with an annual salary of$38,057. Mayor Rand called for a motion on the resolution and a motion was made by Trustee Romano and seconded by Trustee Brown. Mr. Bradbury gave a brief introduction of Mr. Orlando and there being no further discussion, Mayor Rand called for a vote on the resolution. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Orlando addressed the Board and thanked them all for the opportunity to work for the Village of Rye Brook. Mayor Rand called for the first item on the agenda: PUBLIC HEARINGS: Mayor Rand called for the first public hearing. Mr. Bradbury explained that basically this was just a clean up of the language. Trustee Rosenberg asked about letter B and asked how it is determined which Board it goes to, the Village Board or the Zoning Board and it was explained that it would be at the discretion of the Building Inspector. Mayor Rand called for a motion to close the Public Hearing and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Chris Bradbury, Village Administrator, read the resolution: CONSIDERING AMENDMENTS TO CHAPTER 130 OF THE VILLAGE OF RYE BROOK VILLAGE CODE, FLOOD DAMAGE PREVENTION WHEREAS, the Board of Trustees is considering amendments to Chapter 130 of the Code of the Village of Rye Brook concerning the Appeals process; and WHEREAS, the amendments are meant to correct a discrepancy in the appeals process when the local law was adopted by the Board of Trustee in September of 2007; and WHEREAS, on December 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 December 11, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 130 of the Code as proposed concerning the appeals process. Mayor Rand called for a motion to accept the resolution and on a motion made by Trustee Feinstein and seconded by Trustee Romano, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Motion carries. Mayor Rand called for Public hearing#2: Mayor Rand asked if there was a number on how many applications were filed and Mr. Bradbury responded between 25 and 30 applications since inception. Trustee Feinstein explained it is being extended because there have been some recent inquiries. Mayor Rand called for a motion to close the Public Hearing and on a motion made by Trustee Feinstein and seconded by Trustee Brown; Mr. Burke called the role: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Motion carries. Mr. Bradbury, Village Administrator read the resolution: CONSIDERING AN AMENDED LOCAL LAW EXTENDING THE BUILDING PERMIT AMNESTY PROGRAM WHEREAS, a building permit is required to erect, enlarge or structurally alter any building or other structure in the Village of Rye Brook; and WHEREAS, there currently is an administrative fine assessed against persons owning a building or structure that has undergone the erection, enlargement, or structural alteration of any building or other structure or who engaged in or caused to be engaged in such activities without obtaining the required building permits; and WHEREAS, the Board of Trustees has knowledge that property owners have failed to secure the required building permit(s) for such activities and wishes to encourage compliance with the building permit requirements by offering a suspension of the administrative fine for a limited time; and WHEREAS, the Board of Trustees has previously adopted a local law creating an Amnesty Program in the Village of Rye Brook and now wishes to extend the period of time in which the Building Department may accept applications; and WHEREAS, on December 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 December 11, 2007. NOW, THEREFORE BE IT RESOLVED, that the amendments to the Local Law of the Village of Rye Brook regarding the Amnesty Program are hereby adopted. Mayor Rand asked for a motion to accept the resolution and on a motion made by Trustee Feinstein and seconded by Trustee Romano, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Motion carries. Mayor Rand called for Resolution#3 on the agenda: Chris Bradbury, Village Administrator, read the resolution: SETTING A PUBLIC HEARING TO ADOPT A LOCAL LAW CHANGING THE TERM OF OFFICE FOR THE MAYOR AND TRUSTEES FROM TWO YEARS TO THREE YEARS WHEREAS, the Village Board has proposed the adoption of a Local Law to change the length of the term of office for the Mayor and the Trustees from two (2) years to three (3)years; and WHEREAS, the Village Board believes that the Village residents should decide whether or nor it is in the best interests of the Village to extend the length of the term of office for the Mayor and the Trustees to a term of three (3)years; and WHEREAS, because the proposed Local Law changes the term of an elective office it is subject to a mandatory referendum in accordance with the corresponding state enabling legislation; and WHEREAS, if this proposed Local Law is approved, the Village Board has requested that the referendum be placed on the ballot for the March 18, 2008 Village Election. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on January 8, 2008 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed Local Law. Mayor Rand called for a motion to accept the resolution and on a motion made by Trustee Romano and seconded by Trustee Brown, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Motion carries. Mayor Rand called for Resolution#4 on the agenda: Chris Bradbury, Village Administrator, read the resolution: CONSIDERING REQUEST FOR NYS DEPARTMENT OF TRANSPORTATION TRAFFIC IMPROVEMENTS ON KING STREET WHEREAS, King Street (New York State Route 120A) is a major North-South thoroughfare owned by the State of New York and used not only by Rye Brook residents connecting to Interstate 684 and the Westchester County Airport, the Hutchinson River Parkway and Greenwich, CT, but also by residents of the surrounding Sound Shore communities; and WHEREAS, the Village of Rye Brook shares the concern of the Blind Brook-Rye Union Free School District, the Village of Port Chester, the Port Chester School District, and the Town of Rye regarding the dangerous situation for motorists as well as pedestrians that the high volume of traffic on King Street has produced; and WHEREAS, a considerable amount of residential and commercial development has occurred within the Village of Rye Brook, Port Chester, and Greenwich, CT over the past decade that has resulted in an increased volume of traffic on King Street including two hundred sixty-three (263) residential homes completed in the BelleFair development, a senior living facility at Sterling Glen, the occupancy of the long-vacant commercial office building at 900 King Street, and additional construction at the Brunswick School; and WHEREAS, the Village of Rye Brook has been working cooperatively with the Town of Greenwich, CT to address the major traffic problems at the Ridge Street, King Street, Hutchinson River Parkway and Merrit Parkway interchange, including the completion of a joint engineering study that made specific traffic improvement recommendations to the NYS Department of Transportation that have not been accepted to date by NYS; and WHEREAS, the Village is very concerned for school children from two (2) elementary schools, a middle school and a high school who all travel on King Street and cross several intersections, especially the Ridge Street, King Street, Hutchinson River Parkway and Merrit Parkway intersection as well as the three way intersection just south of the Village of Rye Brook at King Street and Betsy Brown Road, that have become extremely unsafe for all residents; and WHEREAS, the Rye Brook Police Department has documented thirteen (13) accidents in 2005, six (6) accidents in 2006 and eight (8) accidents in 2007 at the Ridge Street, King Street, Hutchinson River Parkway and Merrit Parkway interchange; and WHEREAS, the Rye Brook Police Department has also documented two (2) accidents in 2005, five (5) accidents in 2006 and three (3) accidents in 2007 at the intersection of King Street and Glenville Street, directly in front of the Blind Brook Middle School/High School; and WHEREAS, the Port Chester Police Department has documented that between June 27, 2006 and February 4, 2007 there have been six (6) reported traffic accidents at the four- way intersection of King Street and Indian Road/Quintard Drive and five (5) reported accidents between September 14, 2005 and August 28, 2006 at the three-way intersection of King Street and Betsy Brown Road; and WHEREAS, the fact that more than five (5) accidents have occurred at each of these four intersections in both Rye Brook and Port Chester over a twelve month period provides the necessary basis under Section 271.8 of the New York State Department of Transportation Manual of Uniform Traffic Control Devices for the State of New York to initiate a study of traffic patterns for remedial purposes. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook firmly believes the conditions on King Street have become unacceptable and unsafe to motorists and pedestrians in its current condition; and be it further RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby requests the New York State Department of Transportation immediately implement a traffic analysis of the King Street corridor from Ridge Street in Rye Brook south to Indian Road/Quintard in Port Chester, and immediately implement all reasonable remedial measures to make this corridor safer for motorists and pedestrians traveling on this street; and be it further RESOLVED, that the Village Administrator shall distribute a copy of this resolution to the New York State Department of Transportation, as well as NYS Assemblyman George Latimer and NYS Senator Suzi Oppenheimer requesting their efforts to champion this important issue. Mayor Rand called for a motion on the resolution and a motion was made by Trustee Romano and seconded by Trustee Brown. Mayor Rand stated that he does not like the words "have become" in the resolve clause because they are unacceptable and wants it kept in the present and to would also like "street" changed to "thoroughfare". King Street is a high volume thoroughfare and it should be stated as such. Trustee Feinstein would like "control devices as necessary" also added after thoroughfare. Mayor Rand stated this mirrors what the Village of Port Chester the Town and the Port Chester and Blind Brook School Districs have done and this has been an ongoing effort to have the DOT address this. Trustee Romano asked if there was cooperation and support from Connecticut and Mr. Bradbury responded that we do. Trustee Rosenberg agrees whole heartedly and added that the total accidents per year shows that 2002 was the worst by far but there seems to be a slight trend downward and wondered why. Mayor Rand responded that the figures are reported accidents only and that he believes the fender benders and near misses are the unknowns. He added that speeding is also an issue and the reduction in the speed limit has helped with the reduction in serious accidents. Trustee Feinstein acknowledged and thanked Dr. Rick Buzin, President of the Blind Brook Board of Education in the audience for spearheading this campaign. Mayor Rand asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Motion carries. Mayor Rand called for Resolution #5 on the agenda: Chris Bradbury, Village Administrator,read the resolution: AUTHORIZING THE COUNTY TO ACT AS PURCHASING AGENT FOR THE VILLAGE OF RYE BROOK WHEREAS, by Act No. 8-1983, The County Board of Legislators authorized the County Purchasing Agent to act as Purchasing Agent for the Village of Rye Brook within the County of Westchester, provided that said unit by act, ordinance or resolution authorizes the County Purchasing Agent to act as its Purchasing Agent for items purchased by the County, and empowering designated officers and employees to sign requisitions, and further directing the proper official of local government to audit and pay County bills for the cost of County services within thirty (30) days after the receipt of said bill by the local government to proved the County with such insurance coverage as may be required by the County's Director or Risk Management. NOW, THEREFORE BE IT RESOLVED, that the County Purchasing Agent is hereby authorized to act as Purchasing Agent for the Village of Rye Brook on a continuing basis; and be it further RESOLVED, that the following officers and employees are hereby authorized to sign appropriate requisitions: Village Administrator, Village Treasurer, Village Engineer; and be it further RESOLVED, that the Village Administrator is hereby authorized to secure and provide the County of Westchester any and all insurance required by the County Director of Risk Management, in Accordance with County Act No. 8-1983 Mayor Rand called for a motion and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Trustee Feinstein asked about a paragraph missing and Mr. Bradbury explained this was old language and not required any longer. Mayor Rand asked Mr. Burke to call the role on the resolution: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Motion carries. Mayor Rand called for Resolution #7 on the agenda: AUTHORIZING A SALARY ADJUSTMENT FOR CARETAKER THEREFORE BE IT RESOLVED, that the annual salary of Ernest Tigam, Caretaker, is hereby adjusted to $34,205, effective December 15, 2007. Mayor Rand called for a motion and on a motion made by Trustee Rosenberg and seconded by Trustee Brown, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for Resolution#8 on the agenda: Chris Bradbury, Village Administrator,read the resolution: AUTHORIZING A STIPEND FOR ADDITIONAL RESPONSIBILITIES AS ASSISTANT FOREMAN WHEREAS, the Village of Rye Brook highway department would benefit from having an existing employee be assigned to the responsibilities of an Assistant Foreman; and WHEREAS, the Teamsters Local 456 have agreed to the terms and conditions and stipend for this assignment by letter agreement with the Village Administrator dated November 1, 2007; and WHEREAS, if this work assignment and stipend is established by the Village Board, the Village Administrator intends to post, seek interested candidates, and assign an Assistant Foreman from among the existing eligible highway personnel. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves the terms of the letter agreement dated November 1, 2007, including a stipend of $250 per month, for the assignment of the responsibilities of Assistant Foreman to an eligible highway employee. Mayor Rand asked for a motion and on a motion made by Trustee Romano and seconded by Trustee Rosenberg, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE COMPREHENSIVE PLAN UPDATE Mr. Bradbury gave a brief overview of the Comprehensive Plan explaining what has taken place to date and that he is now presenting the Board with another version that is a little more narrative and would like to get the RFP's out by the end of this month. Trustee Feinstein would like Mr. Burrows comments incorporated and asked about the concern over the number of areas in need of review. She is concerned that this needs to be toned down or it will end up being too far reaching. Mayor Rand wants to allow for some flexibility and believes we should be as over reaching as possible at this time. Mrs. Romano added that she would rather be more inclusive then exclusive. Mr. Bradbury will incorporate Mr. Burrows comments and get it back out to the Board for review. ADMINISTRATOR'S REPORT Mr. Bradbury thanked Mr. Carosi for keeping the web site up to date in regard to the leaves. He also noted that we now accept credit cards for payment from our residents which is a big step for the Village and in the not too far future we will be able to accept on line payments and residents will be able to register for Recreation programs on line as well. Mr. Bradbury discussed the two big reports that were sent to the Board, one being the Pavement Management Study which is an excellent report with useful tools and believes it would be useful to have it presented at a future Board meeting. The other report from Homeland Towers should be referred to the Technology and Communications Committee as suggested by Trustee Rosenberg. After they review it, it can come back to the Village Board for further review. POLICE DEPARTMENT REPORT Chief Austin gave an update to the Board and stressed that due to the recent number of cars being broken into that he would like everyone to lock their car doors and remove any valuables from the vehicle. There were two burglary arrests in Mount Vernon in which the Rye Brook Police Department was involved in the execution of the search warrant. Items were retrieved but however, the person arrested is not yet tied to the burglaries in this Village because we have not retrieved any stolen property. Cellular 911 calls—Chief Austin was notified that equipment was installed at 60 control and now 911 calls will be routed to our Police Department but wanted to inform residents that when they dial 911 from their cell phones to advise of their location and to not hang UP. Vacant houses—Chief Austin stressed that if any resident is planning to be away—notify the Police Department where you are going and for how long so that the police can check and if something does happen, will be able to make contact. Mr. Carosi addressed the Board after Mayor Rand thanked him for a fine job on the leaf collection especially as compared to other communities. Mr. Carosi added that they are doing well and that the crews are working hard—this is week 11 of a 13 week season—2200—2300 yards of leaves collected in one week— crews are working Saturday and starting an hour earlier every day due to the snow potential. 9800 yards of leaves collected so far this year compared to last years 9500 yards—the peak was 12,300 yards in 2005. DISCUSSION ITEM (1) Permit for connecting into drainage system Trustee Rosenberg advised that anyone wanting to connect their storm water into the village's sewer system is going to have to get a street opening permit in addition to the Building permit and believes that is a little excessive. The fee is $400.00. The posted bond is needed in case any damage is done but would like to introduce a new fee of $150.00 which is more in line with what he believes we are trying to accomplish. Mr. Bradbury has a resolution prepared and read it into the minutes. AUTHORIZING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE FOR STORMWATER SYSTEM CONNECTIONS WHEREAS, a street opening permit is currently required for connections to the municipal stormwater system such as curb cuts or other connections directly to storm drain basins; and WHEREAS, a street opening permit is also applied for other types of work in the street such as driveway widening or utility repairs that may be more costly and disturbing to the street surface. NOW THEREFORE BE IT RESOLVED, that in lieu of a fee for a street opening permit for connections to the municipal stormwater system, that the Village establish a new fee in the Village of Rye Brook License and Permit Fee Schedule as follows for this type of work: Connection to Municipal Stormwater System: $150 Mayor Rand called for a motion on the resolution and on a motion made by Trustee Rosenberg and seconded by Trustee Brown, Mr. Burke called the roll: Trustee Brown VOTING AYE Trustee Rosenberg VOTING AYE Trustee Feinstein VOTING AYE Trustee Romano VOTING AYE Mayor Rand VOTING AYE Motion carries. Mayor Rand spoke about an article about holiday decorations last year that was written in our local paper that our holiday decorations were not suitable. He disagreed with this. He added that we also have suitable decorations this year. Mayor Rand advised everyone of the Food Drive going on at Village Hall as well as the Coat Drive being held at AJP and asked everyone to participate. Mayor Rand spoke of his term of office and why he ran: wanting to have a fiscally responsible Village, more effective government, quality of life issues and that he has seen through such projects as the new firehouse and the baseball fields. Now, he explained, he feels it is necessary to spend some more time in his day job. He added that this has been a very loyal board, loyal staff and has been his privilege to work with everyone. He announced that he would not be on the ballot in the upcoming March election and he hoped he would be passing the office of Mayor on to one of his current board members. He would like to see the completion of the Library issue and Bowman Avenue project as well. Mayor Rand wished everyone a happy and healthy holiday and a good New Year and thanked everyone for their continued support. Trustee Feinstein stated that she has worked with Mayor Rand for 4 years and it has been her honor and noted his unparalleled leadership and how he has restored decorum to meetings. She wished him the best and personally thanked him for all he has accomplished. Mayor Rand stated the next Village Board meeting would be held January 8t'- Meeting adjourned at 9:08 PM.