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HomeMy WebLinkAbout2005-11-08 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 8, 2005-7:30 P.M AGENDA EXECUTIVE SESSION 7:00 PM: Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding nonconforming uses, structures, and lots. 2) Consideration of an application for a five (5) year extension of the site plan and wetlands permit approvals for phase three (3) of the Reckson Executive Park. RESOLUTIONS: 1) Adopting a proposed local law amending Chapter 250 of the Code of the Village of Rye Brook regarding nonconforming uses, structures, and lots. 2) Approving the agreement with Reckson Operating Partnership, L.P. 3) Approving an application for a five (5) year extension of the site plan and wetlands permit approvals for Phase Three of the Reckson Executive Park. 4) Setting a public hearing date to consider a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit parking and standing along portions of Hillcrest Avenue. 5) Opposing the Broadband Investment and Consumer Choice Act and the Video Choice Act of 2005. 6) Authorizing the issuance of $172,000 serial bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the implementation of a street lighting replacement project, throughout and in and for said village. Board of Trustees November 8,2005 Page 1 of 16 7) Authorizing modifications to Rye Brook's flexible spending program managed by AFLAC New York ADMINISTRATOR'S REPORT: • Fire Protection Board's recommendations EMS/Fire response training OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: • Timing and administration of Village elections. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: November 22, 2005 and December 14, 2005 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Chief Theodore Sabato Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the meeting to order at 7:30 p.m. with the Pledge of Allegiance. Mayor Rand noted that it was Election Day, and he hoped that everyone made the time to go out and vote. Board of Trustees November 8,2005 Page 2 of 16 PUBLIC HEARINGS: 1) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NONCONFORMING USES, STRUCTURES, AND LOTS. Mr. Bradbury noted that currently if an application is for a non-conforming structure, or if the applicant is doing any kind of work on a property with a non-conforming structure on it, that application must go before the Zoning Board of Appeals—even if the applicant is not increasing the non-conforming area. The proposed changes to the local law simply adds language to clarify that if the structure is non-conforming it must be reviewed by the Zoning Board of Appeals if the area that is non-conforming is increased or enlarged. The new local law also adds additional information to clarify the law in the event that a structure is damaged by fire or if there is a major problem with the structure and it must be demolished and re-constructed. The Local Law has been prepared and sent to the Planning Board and the Zoning Board of Appeals for review. The Planning Board has completed its review and submitted its comments. However, the Zoning Board of Appeals has not yet completed its due diligence. Mayor Rand noted that, in light of the fact that the Zoning Board has not yet completed its review, he felt that the matter should be kept open to the December 13, 2005 meeting in order to accommodate the Zoning Board of Appeals. He asked for a motion from the Board to open the public hearing, and keep it open to the December 13, 2005 meeting. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was opened. Mr. Keith Rang, Assistant to the Village Administrator, was asked to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE There were no comments from the public on this matter. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was adjourned to the December 13, 2005 meeting. Board of Trustees November 8,2005 Page 3 of 16 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE It was noted that the resolution on this matter, resolution #1, would also be adjourned to the December 13, 2005 meeting. Trustee Paul Rosenberg, liaison to the Planning Board, noted that the Planning Board has been instrumental in the review of the Village's Code. He thanked the members of this Board for all of their hard work. Mayor Rand called for the next public hearing on the agenda: 2) CONSIDERATION OF AN APPLICATION FOR A FIVE (5) YEAR EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE THREE (3) OF THE RECKSON EXECUTIVE PARK. Mayor Rand declared the public hearing open. He called upon Mr. Bradbury for a brief review of the matter. Mr. Bradbury noted that the prior Village Board approved the application for Phase III of this project. The approvals expired earlier this year, and the applicant applied for an extension. At this time the application before the Board requests a five-year extension of the Wetlands and Site Plan Approval for the Phase III of the Reckson Executive Park. This matter was referred to the Planning Board for review and it recommended a three- year extension. Mr. Bradbury noted that as the applicant was requesting a five-year extension, and the Planning Board was recommending a three-year extension, this matter warranted further review. The Planning Board has also requested that the water quality and detention basins be completed at this time, along with the creation of a functional buffer and a wetland mitigation plan. Mayor Rand called for comments from members of the public on this matter. There were no comments from the public, or from the Board of Trustees. Mayor Rand called for a motion on the matter. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was closed. Board of Trustees November 8,2005 Page 4 of 16 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the third resolution on the agenda, noting that resolution #2 would be addressed after discussion and a decision was made for resolution#3. RESOLUTIONS: 3) APPROVING THE AGREEMENT WITH RECKSON OPERATING PARTERSHIP, L.P. Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE AGREEMENT WITH RECKSON OPERATING PARTNERSHIP, L.P. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the November 8, 2005 Agreement with Reckson Operating Partnership, L.P. Mayor Rand called for a motion. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the matter was opened for discussion. Edward Beane, Esq., Village Counsel, noted that the agreement that was being considered was an agreement that would serve the Village and the applicant. Reckson will make a voluntary contribution of $500,000.00 towards the athletic fields, i.e.: the scoreboard or a similar type of contribution. In addition, Reckson has agreed to discontinue a number of pending tax certs, several of which could result in the Village and School District having to repay tax funds collectively in excess of$200,000.00. The Blind Brook School District would be responsible for approximately $189,000.00 and the Village would be responsible for approximately $15,000.00. Another part of this agreement will include a pilot program in connection with Reckson's taxes for the less intrusive Phase III of this project. Finally, the original building fees applicable in 1990 that were unused will be issued as a credit for Phase III. Mr. Beane stressed that there were benefits to the Village, the School District, and Reckson in this agreement. Mayor Rand called for questions or comments from members of the public. There being none, he called upon Mr. Rang to call the roll. Board of Trustees November 8,2005 Page 5 of 16 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that a lot of hard work has gone into this agreement. He thanked the staff of Reckson and the Village Staff that has worked so hard on this mutually beneficial agreement. Mr. Bradbury was called upon to read the second resolution on the agenda: 2) APPROVING AN APPLICATION FOR A FIVE (5) YEAR EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE THREE (3) OF THE RECKSON EXECUTIVE PARK. Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN APPLICATION FOR A FIVE (5) YEAR EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK WHEREAS, Reckson Operating Partnership, L.P. ("Reckson") is the owner of certain property located at 1100 King Street, Rye Brook, New York, which property also is commonly known as "Reckson Executive Park;" and WHEREAS, Reckson has made an application to the Village of Rye Brook for a five (5) year extension of its Site Plan and Wetlands Permit Approvals (the "Approvals") for that portion of the Reckson Executive Park known as "Phase 3," which also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4 (the "Property"); and WHEREAS, the previous Approvals for Phase 3 would have expired on August 8, 2005; and WHEREAS, the Board of Trustees, at its June 14, 2005 meeting, granted a ninety (90) day temporary extension of the Approvals, until 11:59 p.m. on November 7, 2005; and Board of Trustees November 8,2005 Page 6 of 16 WHEREAS, the Board of Trustees, at its October 25, 2005 meeting, granted a one-day extension of the Site Plan and Wetlands Permit Approvals for Phase 3 until 11:59 p.m. on November 8, 2005 to afford Reckson the opportunity to pursue its application for a five (5)year extension of these approvals at the next regularly scheduled Village Board meeting; and WHEREAS, the application was referred to the Planning Board for review and comment on September 27, 2005 and on October 6, 2005 the Planning Board recommended approval of a three (3) year extension and that the Board of Trustees, as the Approval Authority for this application, should carefully review the application for a five (5)-year extension of the site plan and wetlands permit approvals since although the approved plan complies with current requirements of the Village Code at present, this may not be the case in five (5) years and a five (5)-year extension may inhibit the ability of the Village to guide development within the watercourse buffer to the accepted standard in place at that time; and WHEREAS, the subject application was referred to the Westchester County Department of Planning and comments were received, and the application was referred to the Town/Village of Harrison and the Town of Greenwich CT for review and no comments were received; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on October 25, 2005, the Village Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the Village Board of Trustees closed the public hearing on November 8, 2005; and WHEREAS, the Board of Trustees, after due deliberation, finds it would be in the best interest of the Village to approve a five (5) year extension of the Site Plan and Wetlands Permit Approvals for that portion of the Reckson Executive Park known as "Phase 3." NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves a five (5) year extension of the Site Plan and Wetlands Permit Approvals for that portion of the Reckson Executive Park known as "Phase 3"until 11:59 p.m. on October 24, 2010 subject to the following conditions: 1. The detention basin and water quality basin should be completed at this time to provide a functional buffer in the area within the watercourse buffer around the detention basin and water quality basin. 2. The water quality basin and detention basin should be fully planted as shown on the approved Wetland Mitigation Plan to comply with the planting requirements for wetlands and wetland buffers. Board of Trustees November 8,2005 Page 7 of 16 On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Rosenberg requested clarification of the timeframe for construction of the water quality basin. Mr. Beane noted that there is no compulsion for Reckson to immediately begin construction. He noted, however, that everyone is assuming that Reckson will build this project, and the first step in that project is the detention basins. Mayor Rand called for comments from the public. Dean Santon, former Trustee for the Village, addressed the Board. He questioned whether or not former land use matters that were brought to the Village's attention over the years were discussed. Mr. Beane noted that the matters were reviewed and an agreement was reached. 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 Mayor Rand returned to the order of the agenda, and called for the next resolution: 4) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT PARKING AND STANDING ALONG PORTIONS OF HILLCREST AVENUE. Mr. Bradbury read the following resolution: Board of Trustees November 8,2005 Page 8 of 16 RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT PARKING AND STANDING ALONG PORTIONS OF HILLCREST AVENUE WHEREAS, the Traffic Commission has recommended certain parking restrictions on school days from 11:00 AM to 1:00 PM on Hillcrest Avenue; and WHEREAS, a local law has been proposed to amend Chapter 240 of the Village Code regarding the above-referenced recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on November 22, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapter 240 of the Village Code to prohibit parking and standing along portions of Hillcrest Avenue. Mayor Rand urged everyone to make comments at the public hearing. The Village Board would like to know what all of the residents in that area want before a final decision is reached. Trustee Joan Feinstein wanted to understand where the idea came from. This is a very busy street. It was noted that this matter was brought to the attention of the Village by the residents who, over the years, have been experiencing problems caused by students parking in the front of their homes. An intense review has taken place and comments from residents and the Port Chester School District have been taken into consideration. The concept is to try and get the students to park alongside of the fields. The residents of this area have been very involved in this review. The Village is trying to accomplish a more serene neighborhood. In addition, having no parking from 11:00 a.m. to 2:00 p.m. will also allow the Village's Public Works' Department access to this road. Trustee Rosenberg noted that the Village has done a lot of work on changing the parking rules on many streets within the Village. Many residents have given up the comfort of being able to park in front of their own homes. Mr. George Varbero, member of the Traffic Commission, addressed the Board. He noted that he is a resident of Neuton Avenue. He also felt that any resident with comments should come forward now. He noted that this change also effects the residents of Neuton down to Irenhyl. Mr. Bradbury noted that the residents will be sent a notice of public hearing. Board of Trustees November 8,2005 Page 9 of 16 Mayor Rand called for a motion to set the public hearing. 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 5) OPPOSING THE BROADBAND INVESTMENT AND CONSUMER CHOICE ACT AND THE VIDEO CHOICE ACT OF 2005. Mr. Bradbury read the following resolution: RESOLUTION OPPOSING THE BROADBAND INVESTMENT AND CONSUMER CHOICE ACT AND THE VIDEO CHOICE ACT OF 2005 WHEREAS, the right of local governments to order their own affairs to the fullest extent reasonable, without undue interference from distant rulers, has evolved over the years since 1776 as a fundamental principle of American democracy; and WHEREAS, a tendency for power and authority to be taken from local governments and transferred to the national government seems to be accelerating, to the detriment of a balanced sharing of functions among different levels of government; and WHEREAS, bills are pending in the US House of Representatives and Senate, notable 51504, that would usurp the time-honored local function of negotiating television franchise agreements with providers so as to receive compensation for the use of local public rights of way; and WHEREAS, the proposed establishment of national templates for television franchises would disregard and diminish the local variety that makes each community unique and cherished by its inhabitants. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby declares its total opposition to S.1504 and S.1349/HR3146 and all legislation of like effect at the national, state or county level. Mr. Bradbury noted that this matter was originally brought to Rye Brook's attention by the City of Rye. It has now been referred to all local municipalities. While in favor of Villages and municipalities retaining their rights, this resolution really doesn't have any impact on what goes on. Board of Trustees November 8,2005 Page 10 of 16 Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that the Bill before Congress has to do with opening up the service to everyone, without an additional cost. Mr. Bradbury noted that a major concern is that the franchise should not be at a local level. He pointed out that there are some real concerns that must be addressed. This matter has been referred to the Technology and Communications Committee and that Committee has spent a lot of time reviewing the Rye Brook franchise agreement. 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 6) AUTHORIZING THE ISSUANCE OF $172,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE IMPLEMENTATION OF A STREET LIGHTING REPLACEMENT PROJECT, THROUGHOUT AND IN AND FOR SAID VILLAGE. Mr. Bradbury read the following resolution: RESOLUTION A RESOLUTION AUTHORIZING THE ISSUANCE OF $172,000 SERIAL BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE IMPLEMENTATION OF A STREET LIGHTING REPLACEMENT PROJECT, THROUGHOUT AND IN AND FOR SAID VILLAGE. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the implementation of a street lighting replacement project throughout and in and for the Village of Rye Brook, Westchester County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $172,000 serial bonds of said Village pursuant to the provisions of the Local Finance Law. Board of Trustees November 8,2005 Page 11 of 16 Section 2. The maximum estimated cost of the aforesaid class of objects or purposes is hereby determined to be $172,000, and the plan for the financing thereof is by the issuance of the $172,000 serial bonds of said Village authorized to be issued pursuant to this bond resolution, provided, however, that the amount of serial bonds ultimately to be issued will be reduced by any future appropriations of general fund monies by the Town for the aforesaid class of objects or purposes, which appropriations are presently anticipated to aggregate $72,000. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized 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 serial 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. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged for 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 bonds 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 or she shall deem best for the interests of said Village; provided, however, that in the exercise of these delegated powers, he or she 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 Board of Trustees November 8,2005 Page 12 of 16 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 the 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 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 serial 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 The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Trustee Feinstein noted that the Village was borrowing a little more than needed as a cushion. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was adopted. Board of Trustees November 8,2005 Page 13 of 16 TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) AUTHORIZING MODIFICATIONS TO RYE BROOK'S FLEXIBLE SPENDING PROGRAM MANAGED BY AFLAC NEW YORK Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING MODIFICATIONS TO RYE BROOK'S FLEXIBLE SPENDING PROGRAM MANAGED BY AFLAC NEW YORK WHEREAS, the Village of Rye Brook has authorized Flexible Spending accounts, permitted under the Internal Revenue Code, to be available to its employees, so that eligible medical and dependent care expenses can to be taken out of their gross salaries resulting in a tax savings; and WHEREAS, since the New York State Empire Plan does not manage Flexible Spending accounts for member municipalities, the Village Board has previously authorized AFLAC New York to manage the medical and dependent care flexible spending accounts; and WHEREAS, certain IRS amendments have recently become available to employer's medical care reimbursement programs allowing employees additional time to submit claims for reimbursement; and WHEREAS, certain Rye Brook employee agreements also allow for increases in the annual amount designated for medical expense reimbursement. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor and Administrator to sign the necessary paperwork with AFLAC New York to extend the year-end deadline for medical care reimbursement expenses for an additional two months and 15 days; and be it further RESOLVED, that the Flexible Spending Program's annual reimbursement for medical expenses shall be increased to a maximum of $5,000, and the dependent childcare expenses shall remain at a maximum of$5,000. Mr. Bradbury gave a brief background and reviewed the changes from the prior program. Board of Trustees November 8,2005 Page 14 of 16 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 Mayor Rand he called upon the Chief of Police to give a presentation on the request from the Blind Brook School District for Crossing Guards positioned on King Street. A pilot program was initiated about one month ago to see if this area warrants maintaining crossing guards. Chief Theodore Sabato stated that the number of children crossing in this area is not sufficient to warrant a permanent crossing guard. During the morning crossing period there have been zero to one or two children crossing. The afternoon period has had an average of three children crossing in this area. These numbers do not warrant a permanent crossing guard in these two areas. It was felt that as the weather gets colder fewer children will be walking. Mayor Rand took a moment to compliment the police force for their diligent watch during the Halloween season. He was happy to announce that it was a peaceful and pleasant event. Mayor Rand called for the Administrator's Report: ADMINISTRATOR'S REPORT Mr. Bradbury acknowledged correspondence from the Fire Protection Board. He noted that he served on that Board along with a representative of Port Chester. They have discussed several issues recently. Progress reports have been issued, and this matter has been discussed at the Port Chester Village Board meeting. One of the recommendations made is to ensure that all firefighters are trained at the same level. There are great firefighters in both communities, as well as volunteers. Another recommendation that has been discussed for the past year and a half is whether or not firefighters should go out on EMS calls. The EMS response has been watched to determine the impact because of the closing of United Hospital. Included in this review was pulling the firefighters out of their service area to go out on EMS calls. Protocol has now been changed so that firefighters do not have to go out on every EMS call. Mr. Bradbury reviewed the leaf collection program. He once again stressed the need to make sure that foreign objects do not get mixed in with the piles of leaves. Rocks, large branches, and miscellaneous items can create a safety risk. He noted that recently a large nail, the type used to secure railroad ties, became wedged in the equipment. If it had not become wedged it could have shot out of the leaf vacuum and seriously injured someone, or it could have destroyed the Village's equipment. He asked that all residents discuss this matter with their landscapers to ensure that they understand that the Village will only pick up leaves. If a pile is found to be contaminated, it will be left for the homeowner to dispose of. Board of Trustees November 8,2005 Page 15 of 16 Mr. Bradbury noted that the EPA had an updated listed on the Village's website in connection with clean up work being done on Hillandale Road. He noted that the house has been removed, and clean-up work continues. The ball field project is underway. The contractors will start clearing the area this week. The Village has received a letter from the New York State Department of Transportation in regard to King Street traffic in opposition to the plan that was designed by the Village of Rye Brook and the Town of Greenwich. Assemblyman George Lattimer and Susie Oppenheimer are working with the Village, and the Town of Greenwich, to come up with a safe solution to this development. Mr. Bradbury extended congratulations to the Rye Brook Police Department who have been awarded the Gold Award for Traffic Safety from AAA. Mayor Rand congratulated former Trustee Carol Goodman and Michael Stolzar, Chairman of the Ethics Board, for their participation in the New York City Marathon. It was noted that a good number of Rye Brook residences ran in the marathon. DISCUSSION ITEMS: TIMING AND ADMINISTRATION OF VILLAGE ELECTIONS. Trustee Feinstein noted that she has been researching this matter for the past year and a half. Now that the research is complete, she felt that the matter could be put to rest. She noted that research has shown that although the weather tends to be bad in March, moving the elections to November would take away from Village elections and they could be lost in the shuffle. Rye Brook is a non-partisan municipality, and moving the elections to November could change this. Also reviewed was changing the terms for Village officials from two-year terms to three-year terms so that the Village elections would be held less often. However, it was found that New York State law only allows for two or four year terms. Mr. Bradbury noted that there will be a change in the election process as the County will be running Town elections. Now the towns maintain the equipment and inspectors, but when the County takes over the Village will have to apply to the County for the use of their equipment (voting machines). Mayor Rand called for members of the public wishing to address the Board. There being no one, and no further business before the Board, the meeting was adjourned at 9:00 p.m. and the Board of Trustees went into a short Executive Session. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees November 8,2005 Page 16 of 16