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HomeMy WebLinkAbout2005-04-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 12, 2005-7:30 P.M AGENDA EXECUTIVE SESSION 7:00 P.M.: Negotiations ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Presentation and consideration of the 2005-06 Tentative Budget RESOLUTIONS: 1) Appointment of Police Sergeant. 2) Authorizing the Village of Rye Brook to enter into a revised inter-municipal agreement with Westchester County for a Legacy Grant to assist in the improvement of real property on King Street as Athletic Fields. 3) Transfer/Reallocation of funds for Garibaldi Park Retaining Wall. 4) Authorizing the Village of Rye Brook to enter into an inter-municipal agreement with the Village of Sleepy Hollow to administer a grant for Storm Water Permit Implementation Projects. 5) Supporting the continued funding of the Community Development Block Grant (CDBG) Program. 6) Considering Annual Organizational Resolutions. 7) Considering Appointments to various Boards, Committees and Commissions. 8) Setting a public hearing on the application of Dr. Samuel and Diane Schwartz for modification of hours of operation for a Tier II Home Occupation. Board of Trustees Meeting April 12,2005 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM • Discussion as to amending the notice requirements contained in Section 250-40B. (2) of the Village Code. • Discussion with respect to moving the Village elections from March to November. • Discussion as to the Village sidewalk policy. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: April 26, 2005 and May 10, 2005 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Robert Bertolacci, Parks and Recreation Superintendent Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE: Mayor Rand called the meeting to order at 7:45 p.m. with the Pledge of Allegiance led by Trustees Brown and Rosenberg. Board of Trustees Meeting April 12,2005 Page 2 Mayor Rand called for a minute of silence in memory of Steven Piccolo, a young member of the Rye Brook community who recently passed away. Mayor Rand requested the Board's permission to take one matter out of order from the agenda. With the Board's consensus, he called for the first resolution on the agenda: 1) APPOINTMENT OF POLICE SERGEANT Mr. Bradbury read the following resolution: RESOLUTION APPOINTMENT OF POLICE SERGEANT RESOLVED, that Terence Wilson of P.O. Box 791, Poughquag, New York, is hereby appointed to the position of Police Sergeant 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 $84,984 with an effective start date of April 13, 2005. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. Mr. Keith Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Sergeant Terence Wilson thanked the Mayor, Board of Trustees, and the Village for this opportunity. He stated that it has been an honor and privilege to serve the community. Mayor Rand called for the public hearing on the 2005-2006 tentative budget. PUBLIC HEARINGS: 1) PRESENTATION AND CONSIDERATION OF THE 2005-06 TENTATIVE BUDGET Board of Trustees Meeting April 12,2005 Page 3 Mayor Rand thanked the Village's staff for their hard work in putting together this budget, which included several Work Sessions. The presentation is the outcome of all of the sessions, and hard work. Mr. Bradbury reviewed the budget, which covered the time period of June 1, 2005 through May 31, 2006. His presentation included a slide presentation and narrative. It was noted that the budget process starts in December, and the tentative budget was filed on March 18, 2005. This was a difficult budget year and a lot of discussions have been held on the budget. The increase is 2.4% over the prior year. He pointed out the major increases in the budget, one of which was the expansion of public services. It was also noted that revenues, including the tax levy, are up. Mr. Bradbury reviewed the impact of the re-evaluation and the adoption of Homestead. It was noted that the tentative budget must be approved by May 1, 2005. Also discussed was where the tax dollars go, the tax levy increases, and expenditures. In comparison to ten years ago, the Village now offers more services to a larger population, and more streets. Rye Brook has the third lowest tax burden of any Village in Westchester County. Other Villages in the County are considering tax rate increases of between 2.8% and 19.9%, with the average increase being 7.15%. Mayor Rand thanked Mr. Bradbury for his presentation, and Village staff was commended for their hard work. He called for comments from the Board and members of the public. Trustee Paul Rosenberg expressed concern regarding the allocation of funds for a pool. Mr. Bradbury noted this project was not slotted for this summer, but rather if the pool concept is approved, the project would be designed, bid out and planned for the 2006 pool season. The Village has a swim program, and a summer camp, that currently uses the pool at Purchase for these activities. Mr. Robert Bertolacci, Parks and Recreation Superintendent, stated that the Rye Brook summer camp swims at Purchase but they are only allotted 2 hours per day. The cost is approximately $6,000 to $7,000 dollars, plus the cost of lifeguards, who are paid at an hourly rate. Mr. Bertolacci noted that when the process begins, the neighbors would be included. The first step is to have the Village Board approve the budget. Mr. Ken Heller of Lincoln Avenue addressed the Board. He cautioned the Board to review the Budget very carefully. A Board member of the Talcott Homeowners Association addressed the Board. He asked that a liaison from the Village Board be appointed to discuss the pool with the Talcott residents. The homeowners of Talcott are concerned about having this pool in their backyard. Mayor Rand noted that the Village has just begun reviewing the financial aspects. It must make sense, both financially and for the community, or else it will not be constructed. Board of Trustees Meeting April 12, 2005 Page 4 Trustee Joan Feinstein expressed her concern regarding the allocated insurance expenditures. She asked that this matter be re-visited. Mr. Bradbury responded that this could be done. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A REVISED INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR A LEGACY GRANT TO ASSIST IN THE IMPROVEMENT OF REAL PROPERTY ON KING STREET AS ATHLETIC FIELDS. Mr. Bradbury read the following resolution: AGENDA WHEREAS, the Village of Rye Brook owns a parcel of property on King Street on which it desires to construct new athletic fields; and WHEREAS, Westchester County has offered to enter into an agreement with the Village of Rye Brook to provide $2,754,000.00 for the construction of the new athletic fields; and WHEREAS, as part of this agreement, the Village of Rye Brook agrees to accept the transfer approximately 0.54 miles of Anderson Hill Road from Westchester County, and approximately 2.36 miles of Ridge Street following certain improvements from Westchester County; and WEREAS, at the January 25, 2005 meeting, the Village Board, as Lead Agency for the project, determined that the proposed action will not result in any significant adverse environmental impacts and adopted a Negative Declaration, thereby ending the State Environmental Quality Review process; and Board of Trustees Meeting April 12,2005 Page 5 WHEREAS, the Inter-Municipal Agreement previously approved at the February 15, 2005 meeting of the Village Board has been substantively revised requiring an additional approval of the Village Board. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into a revised Inter- Municipal Agreement with the County of Westchester concerning the new athletic fields to be constructed on Village property along King Street; and BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to Westchester County for their consideration. Trustee Rosenberg noted that the Village was receiving funds from Westchester County to fund the athletic fields in the form of the Legacy Grant. In return, the Village would be taking over the ownership of a portion of two County roads, after Westchester County has completed the repairs to the roadways, sidewalks, and drainage. Mr. Bradbury reviewed improvements and roadwork to be done, using County funds. Mayor Rand noted that there were two County roads to be improved. Also included are sidewalks, and the improvement of the flow of traffic. This project involved residents, homeowners associations, the school district, Village boards, legislators, and everything has now come together. Mr. Ken Heller, of Lincoln Avenue, addressed the Board. He commented on the Village taking over Anderson Hill Road. He felt that this narrow Road, with hills on both sides, could be considered a liability. He asked that the Village take a very close look at this matter before taking it over from the County. Mayor Rand thanked Deputy Mayor Joan Feinstein, and Village Counsel, for their hard work in putting together this IMA. Deputy Mayor Feinstein noted that the Village would now have control over Ridge Street, which is a gateway into the community. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 12,2005 Page 6 3) TRANSFER/REALLOCATION OF FUNDS FOR GARIBALDI PARK RETAINING WALL. Mr. Bradbury read the following resolution: RESOLUTION TRANSFER/REALLOCATION OF FUNDS FOR GARIBALDI PARK RETAINING WALL RESOLVED, that the following transfer/reallocation of funds be hereby approved: FROM TO AMOUNT 101.1990.424 901.7140.408 $12,000 Contingency (Capital Fund— Garibaldi Park Retaining Wall) 901.1620.447 901.7140.408 $6,000 (Capital Fund - (Capital Fund— Interior Painting/ Garibaldi Park Village Hall) Retaining Wall) On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 12,2005 Page 7 4) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF SLEEPY HOLLOW TO ADMINISTER A GRANT FOR STORM WATER PERMIT IMPLEMENTATION PROJECTS. Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF SLEEPY HOLLOW TO ADMINISTER A GRANT FOR STORM WATER PERMIT IMPLEMENTATION PROJECTS WHEREAS, the Village of Rye Brook is participating with sixteen (16) other Westchester municipalities to cooperatively implement two grant programs for the purposes of (1) mapping all municipal storm system outfall locations and (2) to provide an audit of existing municipal storm water regulations and training associated with storm water management projects. These two programs are part of New York State Department of Environmental Conservation (DEC) storm water permitting regulations; and WHEREAS, Rye Brook with the other participating municipalities has been awarded two matching funds grants from the DEC under the Environmental Protection Fund totaling $200,000 (Project#2003WQ16033 and Project#2003WQ162367), to assist in the implementation of its work plans; and WHEREAS, these grants require a matching municipal contribution and Rye Brook with the other participating municipalities are matching the grant cash award through staff time contributions only. The value of estimated staff and support time for all participating municipalities is $200,000, of which Rye Brook will support approximately $12,500 in combined staff time; and WHEREAS, for the purposes of administration of the awarded grant funds it is necessary for a single municipality to receive the grant and be responsible for the fiscal management of the grants; and WHEREAS, the Village of Sleepy Hollow has elected to provide the administration and management of the grants for the sixteen participating municipalities; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into an agreement with the Village of Sleepy Hollow concerning the administration and management of the awarded grants; and Board of Trustees Meeting April 12,2005 Page 8 BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the deposit of $2,500 to the Village of Sleepy Hollow to an escrow fund for expenditures related to the grants as fully described in the attached agreement; and, BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to the Village of Sleepy Hollow for the purposes of entering into the subject IMA. Mr. Bradbury noted that this was a wonderful project. This is a way for the Village to accomplish a lot. It is a nice project, with 16 communities working together. The proposal was reviewed and the Board commented on it. It was felt that additional review was needed in order to make sure that the Agreement was satisfactory. Mayor Rand called for a motion to adjourn this matter. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, this matter was tabled. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) SUPPORTING THE CONTINUED FUNDING OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Mr. Bradbury read the following resolution: RESOLUTION SUPPORTING THE CONTINUED FUNDING OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the CDBG program has as its primary objective "...the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income;" and Board of Trustees Meeting April 12, 2005 Page 9 WHEREAS, according to the Department of Housing and Urban Development (HUD), in FY 2004, the CDBG program provided funds for thousands of activities, assisting over 23 million persons and households through such activities as expanding homeownership activities, eliminating slums and blighting influences, improving infrastructure such as roads, water and sewer systems, libraries, community centers, adult day care and after school care for children, homeless housing facilities, employment training, transportation services, crime awareness, and business and job creation as well as the preservation and restoration of historic buildings; and WHEREAS, the FY 2006 budget proposes to completely eliminate the CDBG program; and WHEREAS, should such a proposal be enacted, it would have a devastating effect on Westchester County's CDBG program, in that it would limit the availability of public transportation for seniors to get to their centers and important programs; would not allow for the construction of new senior and youth centers in low and moderate income areas to provide safe havens and advocacy programs for both seniors and youth; would impose great financial hardship on lower income residents to make repairs to sidewalks in front of homes; would limit day care opportunities for families making the transition from welfare to work; and would not help to rehabilitate the homes of our neediest residents on limited or fixed incomes; and WHEREAS, the Village of Rye Brook has benefited from this program in the past, receiving a significant amount of monetary funds in order to advance the quality of life and safety in the community. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby calls on the Congress to preserve the Community Development Block Grant (CDBG) Program within the Department of Housing and Urban Development and provide a FY 2005 funding of at least $4.7 billion overall, with no less than $4.35 billion in formula funding; and BE IT FUTHER RESOLVED, that this resolution be forwarded to Congresswoman Nita M. Lowey, and Senators Charles Schumer and Hillary Clinton, Federal Congressional representatives to the Village of Rye Brook. Mr. Bradbury noted that this was a very valuable program. He summarized the improvements and benefits to the Village of Rye Brook. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting April 12, 2005 Page 10 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMITTEES AND COMMISSIONS APPOINTMENTS TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION RESOLVED, that Craig Moskowitz of 10 Bell Place is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Stephen Lurie of 2 Fairlawn Parkway is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Harvey Schiller of 26 Meadowlark Road is hereby reappointed Chairperson. APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Ed Kulik of 21 Magnolia Drive is hereby reappointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Cliff Shaw of 11 Birch Lane is hereby reappointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Richard Gutner of 21 Mohegan Lane is hereby appointed for a term that shall expire on the first Monday in April 2007; and be it Board of Trustees Meeting April 12,2005 Page 11 FURTHER RESOLVED, that Ed Kulik is hereby reappointed Chairperson APPOINTMENTS TO THE AIRPORT ADVISORY COUNCIL RESOLVED, that Marcia Teschner of 6 Doral Greens Drive East is hereby reappointed Chairperson. APPOINTMENTS TO THE ARCHITECTURAL REVIEW BOARD RESOLVED, that Adrienne Wesley of 26 Beechwood Boulevard is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Mitchell Levy of 14 Churchill Road is hereby appointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Greg Sanzari of 56 Brookridge Court is hereby appointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Richard Romm of 25 Talcott Road is hereby reappointed Chairperson. APPOINTMENTS TO THE ETHICS BOARD RESOLVED, that Michael Stolzar of 19 Rockinghorse Trail is hereby reappointed to for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Carol Goodman of 6 Legendary Circle is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Barbara Bernstein of 5 Mark Drive is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Robert Lewis of 16 Eagles Bluff is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Michele Mendicino of 9 Phyllis Place is hereby reappointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Michael Stolzar is hereby reappointed Chairperson. Board of Trustees Meeting April 12,2005 Page 12 APPOINTMENTS TO THE PLANNING BOARD RESOLVED, that Warren Agatston of 15 Paddock Road is hereby appointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that John Grzan of 10 Candy Lane is hereby appointed for a term that shall expire on the first Monday in April 2007; and be it FURTHER RESOLVED, that Gary Zuckerman of 29 Hillandale Road is hereby appointed to fulfill the unexpired term of Floyd Caplan, which will expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that James Winter of 14 Boxwood Place is hereby appointed for a term that shall expire on the first Monday in April 2006; and be it FURTHER RESOLVED, that Patricia Romano of 7 Bellefair Boulevard is hereby appointed for a term that shall expire on the first Monday in April 2009; and be it FURTHER RESOLVED, that Michele Fredman of 11 Eagles Bluff is hereby appointed for a term that shall expire on the first Monday in April 2010; and be it FURTHER RESOLVED, that Domenic Accurso of 10 Whippoorwill Road is hereby appointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Warren Agatston of 15 Paddock Road is hereby appointed Chairperson. APPOINTMENTS TO THE RECORDS MANAGEMENT COMMITTEE RESOLVED, THAT THE FOLLOWING INDIVIDUALS ARE HEREBY REAPPOINTED TO THE RECORDS MANAGEMENT COMMITTEE FOR A TERM WHICH EXPIRES ON THE FIRST MONDAY IN APRIL, 2006: Lawrence A. Rand, Mayor Christopher J. Bradbury, Administrator Diane DiSanto, Treasurer Jean Gesoff, Senior Citizen Coordinator Theodore Sabato, Police Chief Board of Trustees Meeting April 12,2005 Page 13 APPOINTMENTS TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION RESOLVED,that Mark Mapper of 1 Charles Lane is hereby reappointed Chairperson. APPOINTMENTS TO THE TRAFFIC COMMISSION RESOLVED, that Gerald Appelbaum of 1 Country Ridge Drive is hereby reappointed Chairperson. APPOINTMENTS TO THE ZONING BOARD OF APPEALS RESOLVED, that Joseph Pellino of 8 Terrace Court is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Ronald Rettner is hereby reappointed for a term that shall expire on the first Monday in April 2008; and be it FURTHER RESOLVED, that Mark Harmon of 16 Hillandale Road is hereby reappointed Chairperson. Outgoing board members were thanked and new board members were welcomed. It was noted that there are still openings on various boards, and all resident that are interested were directed to contact Mr. Bradbury. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS Board of Trustees Meeting April 12,2005 Page 14 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS RESOLUTION DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Michael S. Brown of 158 Brush Hollow Crescent is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that Paul S. Rosenberg of 3 James Way is hereby declared elected to the office of Trustee of the Village of Rye Brook for a two-year term of office; and be it FURTHER RESOLVED, that said term of offices are effective at noon on the lst Monday of April 2005. RESOLUTION RETAINING VILLAGE ATTORNEY RESOLVED, that the law firm of Keane and Beane, PC of 445 Hamilton Avenue, White Plains, New York 10601 is hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the retainer agreement dated July 9, 2004. RESOLUTION APPOINTMENT OF LABOR COUNSEL RESOLVED, that the law firm of Grotta, Glassman & Hoffman (Craig R. Benson, Esq.) of 125 West 55th Street, NY, NY 10019 is hereby retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year. Board of Trustees Meeting April 12,2005 Page 15 RESOLUTION APPOINTMENT OF TAX CERTIORARI COUNSEL RESOLVED, that the law firm of Oxman, Geiger, Natale & Tulis, P.C. (Mark S. Tulis, Esq.) is hereby retained as Tax Certiorari Counsel for the Village of Rye Brook for the next ensuing fiscal year subject to the retainer agreement dated April 26, 1994. RESOLUTION RETAINING VILLAGE RISK MANAGER RESOLVED, that Risk Management Services, Inc. (Alan H. Bader) is hereby retained as Risk Manager for the Village of Rye Brook for the next ensuing official year subject to the terms of the Risk Management Proposal dated August 24, 1993. RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED, that Dolph Rotfeld Engineering, P.C. (Dolph Rotfeld, PE) is hereby retained as Engineering Consultant for the Village of Rye Brook for the ensuing official year subject to the terms of the Engineering Consultant Agreement dated May 19, 1995 and revised hourly fee schedule, received January 1, 2001. RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED, that Frederick P. Clark Associates, Inc. (David Stolman) is hereby retained as Village Planning Consultant for the Village of Rye Brook for the next ensuing official year subject to the rate schedule dated July 9, 2004. Board of Trustees Meeting April 12,2005 Page 16 RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED, that Christopher J. Bradbury, of 3355 Poplar Street, Yorktown, New York is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED, THAT CHRISTOPHER J. BRADBURY OF 3355 POPLAR STREET, YORKTOWN, NEW YORK IS HEREBY APPOINTED VILLAGE CLERK FOR THE VILLAGE OF RYE BROOK FOR A TWO-YEAR TERM. RESOLUTION APPOINTMENT OF VILLAGE TREASURER RESOLVED, that Diane DiSanto of 98 Lakeview Avenue, Scarsdale, New York is hereby appointed as Village Treasurer for the Village of Rye Brook for a two-year term. RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 61 Scenic View, Yorktown Heights is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED, that Hope Vespia, Receiver of Taxes for the Town of Rye, is hereby appointed as the Receiver of Taxes for the Village of Rye Brook for the next ensuing fiscal year. Board of Trustees Meeting April 12,2005 Page 17 RESOLUTION APPOINTMENT OF REGISTRAR OF VITAL STATISTICS RESOLVED, that Frances Nugent, Registrar of Vital Statistics for the Town of Rye, is hereby appointed as the Registrar of Vital Statistics for the Village of Rye Brook for the next ensuing official year. RESOLUTION RESOLUTION OF RECORDS MANAGEMENT OFFICER RESOLVED, that Christopher J. Bradbury of 3355 Poplar Street, Yorktown, New York is hereby appointed Records Management Officer for the Village of Rye Brook for the next ensuing fiscal year. RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED, that the second (2'd) and fourth (4th) Tuesday of each and every month are hereby designated as the Meeting nights of the Village of Rye Brook Board of Trustees pursuant to the adopted Rules of Procedure of the Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED, the Mayor, the Village Administrator, Village Treasurer, and Deputy Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BAN's) and other obligations of the Village; and be it Board of Trustees Meeting April 12, 2005 Page 18 FURTHER RESOLVED, that bank internal transfers and out-going wires from one account to another can be made by telephone, online with Bank of New York, Wachovia and Hudson United Bank, or by voice or data transmission by any one of the above named signatories or by Catherine M. Spinosa or Diane DiSanto, followed by written confirmation to the bank in accordance with the Village's Investment Policy. RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, J.P. Morgan Chase, Wachovia, Hudson Valley Bank, Bank of America and Hudson United Bank are hereby designated as depositories for the Village of Rye Brook. RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPER WHEREAS, the Village must publish legal notices in any newspaper designated as the official newspaper for the municipality; and WHEREAS, the Journal News is a daily newspaper circulated and available to its residents in the Village of Rye Brook; and WHEREAS, the Journal News can more easily meet the filing deadline requirements for the village to publish official notices; and WHEREAS, the Village Clerk is encouraged to publish notices in multiple newspapers covering the Village. NOW THEREFORE BE IT, RESOLVED, that the Journal News is hereby designated as the official Newspaper of the Village of Rye Brook for the ensuing official year. RESOLUTION FRIENDS OF RYE BROOK, INC. Board of Trustees Meeting April 12,2005 Page 19 RESOLVED, that it is hereby disclosed by members of the Board of Trustees that they are directors of a not-for-profit corporation, the Friends of Rye Brook, Inc., created to assist in obtaining donations from prospective grantors in support of qualifying activities of the Village. RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the attached rules of procedure of the Board of Trustees as amended on April 13, 2004 are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April, 2005. Mr. Bradbury noted that the Village must re-establish various procedures, positions, etc. and this is done throughout New York State. He summarized the resolutions, and noted that there were no major changes. Mr. Bradbury did make one typographical correction to the name of the Bank designated as the Village's depository — Fleet Bank has now become Bank of America. Trustee Feinstein also requested a correction to the address for the firm of Keane and Beane. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE S) SETTING A PUBLIC HEARING ON THE APPLICATION OF DR. SAMUEL AND DIANE SCHWARTZ FOR MODIFICATION OF HOURS OF OPERATION FOR A TIER II HOME OCCUPATION. Mr. Bradbury read the following resolution: Board of Trustees Meeting April 12,2005 Page 20 RESOLUTION SETTING A PUBLIC HEARING ON THE APPLICATION OF DR. SAMUEL AND DR. DIANE SCHWARTZ FOR MODIFICATION OF HOURS OF OPERATION FOR A TIER II HOME OCCUPATION WHEREAS, Dr. Samuel Schwartz and Dr. Diane Schwartz own the real property located at 492 North Ridge Street, identified on the Tax Map of the Town of Rye as Section 1, Block 5, Lot E-26; and WHEREAS, pursuant to Village of Rye Brook Code Section 250-381)(2)(a)(13), Dr. Samuel Schwartz and Dr. Diane Schwartz have applied for permission to modify the hours of operation for a Tier II Home Occupation on their property to be Monday through Friday, from 6:00 a.m. to 8:00 pm and Saturday, 6:00 a.m. to 2:30 p.m. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on April 26, 2005 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the application of Dr. Samuel Schwartz and Dr. Diane Schwartz to modify the hours of operation for a Tier 11 Home Occupation. Mayor Rand reminded everyone that this resolution was just on setting the pubic hearing. Having reminded the public and the Board of this, he called for comments on the resolution. Richard Steer, Esq., the attorney for the Fay family who live next door to the Schwartz family, addressed the Board. He presented the Board with information he felt was pertinent to setting the public hearing. He stated that this was a full fledge commercial business and not a Tier 11 or Tier III occupation. There are over one hundred cars entering and exiting the premises six days per week. He stated that this is a very serious problem that affects the quality of life of the neighbors. Counsel felt that whether or not this was a Tier II or Tier II home occupation, or a commercial venture, should be decided upon prior to setting a public hearing regarding hours of operation. Bruno Gioffre, Esq., addressed the Board in support of the application. He reiterated that this resolution was simply a matter of setting a public hearing. He felt that all arguments on merits should be held for the public hearing, along with all evidence. Mr. Gioffre noted that the applicant and the neighbor, the Fay's, were working diligently to come up with a resolution of the other matters recently addressed at a Zoning Board hearing. As part of the agreement, Dr. & Dr. Schwartz have commissioned the removal of the guardrail, and commissioned the installation of the fence and the arborvitae. The applicants have done everything possible to change their Saturday hours until the matter Board of Trustees Meeting April 12,2005 Page 21 has been decided. The applicant's position, however, is that this is a pre-existing, legal, non-conforming use, preceding the adoption of the Code. Trustee Feinstein questioned setting the public hearing before the conditions set by the Zoning Board of Appeals have been met. Edward Beane, Esq., Village Counsel, noted that the stipulations were a separate matter from the hours of operation. The applicant must comply with the Village's law, and Village law clearly notes hours of operation. He respectfully suggested that the applicant comply with the law. Mr. Gioffre noted that Mr. Beane has been very cooperative and diligent in attempting to bring the parties together. He reiterated the fact that Dr. Schwartz has revised his schedule and does not have Saturday evening hours as of this week. Saturday hours do not exist for the time being and there has been quick adherence since the Zoning Board of Appeals meeting. It was noted that the applicant has modified from a Tier II to a Tier III. Trustee Rosenberg asked that the applicant be prepared with a response to why a 6:00 a.m. start hour is appropriate. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted as amended. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 12, 2005 Page 22 ADMINISTRATOR'S REPORT Mr. Bradbury thanked Mr. Bertolacci and his staff for a wonderful opening day. He also thanked the Mayor for having former New York Mets and Yankees pitcher, David Cone, throw out the ceremonial first pitch. King Street Fields Committee has a meeting scheduled for Thursday, April 28, 2005 at 8:00 p.m. The Committee anticipates coming back to the Village Board with a final plan for the Board to assess in order to move towards construction. This is the time of year that the Public Works crew is repairing potholes. They are doing a great j ob. The Planning Board has been granted final approval authority and the new local law has now been accepted by New York State. DISCUSSION ITEM • Discussion as to amending the notice requirements contained in Section 250-40B. (2) of the Village Code. Trustee Feinstein placed the matter on the agenda. She stated that land use applications currently require notification to the surrounding neighbors within a 500' radius. Notification is to be made by Certified Mail/Return Receipt, along with the installation of a sign and a public notice. It has come to the Village Board's attention that in some instances the 500' notification area and the process is onerous. There is a procedure in the Village's Ordinance where an applicant can come before the Board of Trustees and request relief from that ordinance. She suggested that the Board of Trustees review this ordinance and perhaps reduce the number of feet, perhaps basing it upon the zoning district. By using 500' as the number of feet, the number of neighbors to be notified varies with each District. For example, an application within an R20 would have less people notified. There is a cost factor. She asked that the Building Department consider this. Mr. Bradbury was instructed to review this matter with the Building Department. Mr. Bradbury asked that the requirement of Certified Mail also be reviewed as this is where the cost factor lies. The objective is to reduce the burden on the residents. Board of Trustees Meeting April 12, 2005 Page 23 • Discussion with respect to moving the Village elections from March to November. Trustee Feinstein noted that she brought up this issue in December. She noted that the weather last March was very inclement and it was difficult for people to come out and vote. The turn out for the March elections have never been very good. This is a very busy time for the Village staff as it is budget time, which is one of the reasons to move the elections to November. She noted that she has done a lot of research and has found reasons both pro and con for moving the elections. One reasons not to move the elections to November was because the local elections could get lost in the shuffle. She asked that a dialogue be opened on this matter. Mr. Bradbury noted that other communities have switched to November. He stated that he would create a draft resolution for the Board's review. • Discussion as to the Village sidewalk policy. Trustee Feinstein noted that changes to the sidewalk policy have been discussed over the past several years. As it now stands residents are responsible for repairs to sidewalks in front of their homes. However, it has been noted that many sidewalks throughout the Village are in a state of disrepair. A cost sharing policy has been considered, eve though it would be an expense for the Village to take this project on. There is a safety issue involved with this matter. Trustee Feinstein asked that the dialogue, which has been going on for a while, be concluded and a decision be made. Mr. Bradbury noted that some sidewalks in the Village have been repaired with the assistance of the County. The main roadways are in pretty good shape. As the Village becomes aware of a potential safety hazard because of sidewalks that are in disrepair, the work can be done but the financial burden does fall upon the homeowner. The review of this matter will continue. Mayor Rand called for members of the community wishing to address the Board. Two residents of Edgewood Drive addressed the Board. It was noted that the Zoning Board of Appeals granted a variance to an applicant in the Byram Ridge area even though there was significant opposition. The residents of the area are very concerned about teardowns. They asked that all applicants be required to stay within the Zoning requirements. Future developments should be made to conform. The character of Byram Ridge needs to be preserved. The residents also requested that the meeting minutes be made available on the Village's Board of Trustees Meeting April 12,2005 Page 24 Website so that all residents can understand why variances were granted, and so that residents can be informed without making a request through the Freedom of Information Act. Mr. Bradbury noted that the Village is trying to post the minutes on the web, but they are available to anyone requesting them. Mayor Rand announced that the next Trustees meetings were scheduled for April 26, 2005 and May 10, 2005 Mayor Rand called for a motion for an Executive Session. There was a motion and a second, and Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE There being no further business before the Board, the meeting was adjourned at 9:30 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting April 12,2005 Page 25