Loading...
HomeMy WebLinkAbout2003-04-08 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING Village Of Rye Brook BOARD OF TRUSTEES MEETING Village Hall, 938 King Street Tuesday,April 8, 2003 AGENDA ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1. CONSIDERING THE 2003-2004 PROPOSED TENTATIVE BUDGET 2. CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE WITH REGARD TO NON-CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW RESOLUTIONS 1. AWARDING CONTRACTS FOR 903-01: RYE BROOK FIREHOUSE 903-01-1: Site Work 903-01-2: General Construction 903-01-3: Roofing 903-01-4: Plumbing 903-01-5: Sprinklers 903-01-6: HVAC 903-01-7: Electrical 2. AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR EASEMENT AGREEMENT WITH RYE KING ASSOCIATES, LLC REGARDING THE SEWER AND DRAINAGE EASEMENT FOR THE FIREHOUSE 3. APPROVING THE INSTALLATION OF A NO LEFT TURN SIGN ENTERING AND EXITING THE RIDGE STREET COUNTRY SCHOOL 4. SUPPORTING THE EFFORTS OF THE LONG ISLAND SOUND WATERSHED INTER-MUNICIPAL COUNCIL (LISWIC) TO CREATE A REGIONAL STORM WATER DISTRICT 5. CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS Board of Trustee Meeting April 8,2003 Page 1 of 27 6. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO CREATE CHAPTER 214, STORM WATER MANAGEMENT CONTROL OF THE CODE OF THE VILLAGE OR RYE BROOK 7. SUPPORTING THE STATE COMPTROLLER'S REFORM OF THE NEW YORK STATE COMMON RETIREMENT 8. AUTHORIZING THE REALLOCATION OF 2002/03 CAPITAL PROJECT MONIES TO PURCHASE AN ADDITIONAL SALT SPREADER 9. AUTHORIZING USE OF VILLAGE STREETS FOR RYE BROOK PARKS AND RECREATION PARADE FOR THE OPENING OF THE LITTLE LEAGUE AND SOFTBALL PROGRAMS 10. AUTHORIZATION OF FUNDS FOR THE 2003 MEMORIAL DAY PARADE TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE VETERAN'S CENTRAL COMMITTEE 11. AUTHORIZING ACCEPTANCE OF A DONATION TO THE RYE BROOK POLICE DEPARTMENT 12. APPROVAL OF MINUTES: February 8, 2003 (Grievance Day) February 18, 2003 (Special Meeting) March 11, 2003 (Tree Work Session) March 25, 2003 (BAR Final Determination 13. ANNOUNCEMENT OF MAYORAL APPOINTMENTS OF TRUSTEES TO ACT AS LIAISONS FOR BOARDS, COMMITTEES AND COUNCILS DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1. DISCUSSION OF LAND USE COMMITTEE REPORT AS IT RELATES TO THE VILLAGE OWNED PARCEL OF LAND OFF COMLY AVENUE 2. DISCUSSION ON RECOMMENDING SURVEY OF MEADOWLARK PARK AS IT RELATES TO THE ENCROACHMENTS ON THE NEIGHBORING PARCEL ALREADY SURVEYED DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Board of Trustee Meeting April 8,2003 Page 2 of 27 Next Trustee Meetings: April 22, 2003 and May 13, 2003 PRESENT: Mayor Francis L. Filipowski Trustee Carol Goodman(Deputy Mayor) Trustee Donald Degling Trustee Robert Harris Trustee Dean P. Santon STAFF: Christopher J. Bradbury, Village Administrator Connie DiSalvo, Assistant to the Village Administrator Ed Beane, Village Attorney Victor Carosi, Village Engineer Diane DiSanto, Treasurer Robert Santoro, Police Chief Fred Seifert, Public Access Coordinator Kathy Spinosa, Deputy Treasurer David Stolman, Village Planning Consultant Marilyn Timpone-Mohamed, Village Planning Consultant Paula Patafio, Meeting Secretary Mayor Filipowski welcomed everyone to the April 8, 2003 meeting. He congratulated Trustee Carol Goodman on her recent appointment as Deputy Mayor. Mayor Filipowski noted that the agenda would be taken slightly out of order. Mr. Lawrence Rand, Chairman of the Firehouse Committee, was called upon for his presentation. Mr. Rand addressed the Board. He noted that Mr. Christopher Bradbury, Village Administrator, is the Co-Chair of the Firehouse Committee. Mr. Rand began by noting that the Village received 55 bids for seven contracts. The Village is required to accept the lowest possible bidder. The total cost of all the bids was roughly $2.3 million. This is substantially lower than anticipated. He noted that some items, which are not part of the bid, still remain open. Trustee Dean Santon felt that there would be limited basement storage area. He asked whether or not construction of a full basement was considered. Mr. Bradbury noted that the basement has been expanded from the original plan and a full basement was original considered. The additional excavation work would increase the budget significantly. After a thorough review it was decided to limit the basement space and, at this time, there are no plans for additional excavation work. Trustee Santon asked how much extra it would cost to gain the additional space in the basement area. Mr. Rand responded that Board of Trustee Meeting April 8,2003 Page 3 of 27 this matter was reviewed from both architectural and construction viewpoints. It was found that there is sufficient room in the new facility for at least a decade or more. Trustee Donald Degling noted that the additional excavation and construction costs would not be worth it. The basement would be simply used for storage. If, and when the need arises, the second story could be used for expansion. He asked that the optional expenses be carefully monitored. Mr. Rand reiterated that the firehouse size is more than sufficient for current needs, and the needs of the Village for the next decade to decade and a half. On behalf of the Board, Mr. Rand, and his Committee, were thanked for their hard work. Mayor Filipowski returned to the agenda, calling for item 91. He declared the Public Hearing open. PUBLIC HEARINGS 1. CONSIDERING THE 2003-2004 PROPOSED TENTATIVE BUDGET A presentation was made by the Mr. Bradbury on the Village's Budget. He stated that the process started in December, 2002 and the tentative budget was filed on March 20, 2003. He noted that this has been a very challenging year, with a total budget of$13.38M. Increases in prior years have ranged from 3% to 12% and this year's increase is approximately 7.27%. This was a sizeable increase, but it is a very stable budget. The impact to the average taxpayer is approximately $212 per household. The Village's total expenditure is $13,380,230. Of this amount $3,974,642 is for Public Safety, $2,102,553 is for Public Works, and $1,813,691 is for General Government. Mr. Bradbury noted that 80% of the revenue comes from property taxes. Additional revenue comes from various areas such as mortgage taxes, interest on investments, and inspection fees. Mr. Bradbury noted that there have been three budget work sessions held by the Board of Trustees. This is the Public Hearing, and the budget must be adopted by April 22, 2003. This is a tight budget, but one that allows the Village of Rye Brook to continue with its current level of service. Trustee Santon requested some changes to be made to the budget. Mayor Filipowski suggested that the Board hold an Executive Session to discuss these changes further. Trustee Santon cautioned that depleting the Village's Fund Balance should be watched. He asked if the Village should be doing things differently to live within Board of Trustee Meeting April 8,2003 Page 4 of 27 the budget and not depend on the Fund Balance. These funds have been used for basic operating budgets. Mr. Bradbury responded that this has been the practice of the Village. The Village has a very healthy fund balance, especially when compared to other Village's. He also pointed out that at the end of the year any surplus is applied to the next year's budget. Controllable revenues are watched. Mayor Filipowski noted that real estate taxes do not pay for all of the government services. Fees are paid, i.e. alarm services, false alarms, recreation fees, Building Department permits, etc. Additional fees can be assessed to help provide for some of the services. Mr. Ken Heller of Lincoln Avenue addressed the Board. He asked that the Board of Trustees try and keep the tax increase at a minimal. According to his calculations homeowners would be assessed an increase of $1,000 in property taxes this year. Most of the residents have spent most of their lives here and now they are senior citizens who are now struggling to stay here. He hoped that the residents would not be over taxed in order to build up a favorable fund balance. He asked that the taxpayers be considered. As there were no further comments from the Board, or members of the public, Mayor Filipowski asked for a motion to close the Public Hearing. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the Public Hearing was closed. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Santon felt that all meetings relating to the budget should be public meetings in order to serve the public's interest. He felt that there were choices that need to be made before the budget is approved, and that there were salary and benefit positions that could be deleted in order to save money. Hard decisions about budgetary restraints should be made public. By consensus of the Board, a Special Session was scheduled for Tuesday, April 150'. The meeting will be televised. Mayor Filipowski called for item 91 under Resolutions. 1. AWARDING CONTRACTS FOR#03-01: RYE BROOK FIREHOUSE #03-01-1: Site Work Board of Trustee Meeting April 8,2003 Page 5 of 27 #03-01-2: General Construction #03-01-3: Roofing #03-01-4: Plumbing #03-01-5: Sprinklers #03-01-6: HVAC #03-01-7: Electrical Mr. Dominick Calgi, of Calgi Construction Company, Inc., addressed the Board to review the awarding of contracts for the Rye Brook Firehouse. He noted that 55 bids were received. The bids were reviewed and the companies' references and bonding companies were checked out. A telephone call was made to each reference listed for each contractor. He stated that he has reviewed each bid received and the contracts awarded. Trustee Degling noted that the quality of the equipment used should be carefully reviewed. Mr. Calgi noted that this was done, however, there were still no guarantees that there would not be any maintenance problems. He pointed out that the workmanship is as important as the equipment. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION AWARDING CONTRACTS #03-01-1: Site Work #03-01-2: General Construction #03-01-3: Roofing #03-01-4: Plumbing #03-01-5: Sprinklers #03-01-6: HVAC #03-01-7: Electrical RYE BROOK FIREHOUSE WHEREAS, the Village of Rye Brook has solicited bids for contract 03- 01 (1-7) for the new Rye Brook Firehouse; and WHEREAS, a public notice was duly advertised in the Journal News, the official newspaper of the Village of Rye Brook on February 140i and 160', 2003; and WHEREAS, at 11:00 a.m., Friday, March 14, 2003, all bids received were opened by the Village; and Board of Trustee Meeting April 8,2003 Page 6 of 27 WHEREAS, these bids have been reviewed and summarized in the report of Calgi Construction Company, Inc. dated April 2, 2003; and WHEREAS, the summary of the lowest responsible bidder for each contract meeting the requirements of the contract documents are summarized below: Contract Contractor Base Bid Alternates Total Bid 03-01-1 Site Work Etre Associates, Ltd. $367,480.00 $9,714.00 $377,194.00 03-01-2 General Constr.Marquise Constr. Corp. $1,179,000 N/A $1,179,000 03-01-3 Roofing Milcon Constr. Corp. $38,800 N/A $38,800 03-01-4 Plumbing S&L Plumbing & Heating $114,217 N/A $114,217 03-01-5 Sprinklers D&S Fire Protection $325800 N/A $32,800 03-01-6 HVAC S&O Construction Services$276,740.00 N/A $276,740 03-01-7 Electrical All Phase Electric $293,000 N/A $293,000 TOTAL AMOUNT $2,302,037.00 $9,714.00 $2,311,751.00 NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye Brook Board of Trustees hereby awards 03-01-1 Site Work Contract to Etre Associates, Ltd. for a total bid price of $377,194.00, 03-01-2 General Construction Contract is awarded to Marquise Construction Corporation for a total bid price of $1,179,000, 03-01-3 Roofing Contract is awarded to Milcon Construction Corporation for a total bid price of $38,800, 03-01-4 Plumbing Contract is awarded to S&L Plumbing and Heating for a total bid price of$114,217, 03-01-5 Sprinklers Contract is awarded to D&S Fire Protection for a total bid price of $32,800, 03-01-6 HVAC Contract is awarded to S&O Construction Services for a total bid price of$276,740, and 03- 01-7 Electrical Contract is awarded to All Phase Electric for a total bid price of $293,000; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting April 8,2003 Page 7 of 27 Mayor Filipowski called for the second Public Hearing on the agenda: 2. CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE WITH REGARD TO NON-CONFORMING HOME OCCUPATIONS/SPECIAL PERMIT LAW Mayor Filipowski declared the Public Hearing open at 8:57 p.m. Mr. Fay, a resident of N. Ridge Street, addressed the Board. He noted that there is a Tier II Home Occupation in the adjacent residence that effecting his quality of life. He has addressed his concerns with the Village several times. He asked that as the Village is now reviewing these types of home uses that the Board assist him in addressing this matter. Mayor Filipowski noted that the proposed local law would change the Village Code for all perspective new Tier I, Tier II, and Tier III Home Occupations. However, he felt that the Home Occupations in existence need to be addressed as many of these Home Occupations have grown up and expanded. The result is that some of these residences have become a commercial venture. Mr. Beane responded that the changes in the law address some of the concerns with respect to Tier I and Tier II occupations. If adopted, this law requires that both Tiers register with the Village, and be reviewed every year. A violation of the law would nullify any pre-existing conditions. All Tier I and Tier II uses will be subject to regulations concerning signage, trash, and noise. The only difference between Tier I and II and Tier III is with respect to hours as only the hours for Tier III Home Occupation hours can be regulated. Being grandfather for Home Occupation purposes means that the use was in existence pre-1996. If anything has changed since then, then there is no grandfathering. Mayor Filipowski asked what can be done to regulate the impact of the Home Occupations on the neighbors. Mr. Beane noted that noise, lighting and signage can be addressed. You cannot change anything that has been pre-existing. It cannot be expanded or changed. Anything that happens outside the house can be controlled, however, the Village cannot change what goes on inside. You also cannot change the hours of operation. If it is really a pre-existing use you cannot change it. If anyone tries to make any changes once the law is enacted then they will be required to conform to the current law. Mr. Beane noted that when an application comes before the Board of Trustees, regulations can be imposed. However, if there is a pre-existing use and nothing changes then no regulations can be imposed. Board of Trustee Meeting April 8,2003 Page 8 of 27 Mr. Bradbury asked the Board to consider to limiting the amount of visits per day for each of the Tiers. A limit of visits per day, or one visitor at a time could be set. Trustee Santon felt that Tier III Home Occupations can impact the enjoyment and use of adjacent homeowners' properties. Trustee Goodman noted that this matter will be reviewed as all Home Occupations will be required to register with the Village. The Building Inspector will then have 90 days to investigate. Trustee Santon made a motion to eliminate Tier I Home Occupations as virtual every resident works from their home at one time or another. Trustee Harris seconded this motion. Trustee Goodman noted that registration should not be eliminated. All Home Occupations must register before a determination of whether they are Tier I, II, or III can be made. Mr. Beane noted that without a general registration process there is no way to determine whether they are Tier I, Tier II, or Tier III. He felt that Tier I should not be excluded. Trustee Santon felt that registering Tier I is too intrusive, however, he withdrew his motion. Mr. Bradbury suggested continuing the Public Hearing. The local law will be re- drafted to include the suggestions made by the Board of Trustees. On a motion made by Trustee Goodman, and seconded by Trustee Santon, the Public Hearing was continued to May 13, 2003. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski called for item 92 under Resolutions: 3. AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR EASEMENT AGREEMENT WITH RYE KING ASSOCIATES, LLC REGARDING THE SEWER AND DRAINAGE EASEMENT FOR THE FIREHOUSE Mr. Bradbury read the following Resolution: RESOLUTION Board of Trustee Meeting April 8,2003 Page 9 of 27 AUTHORIZING ENTRY INTO FIRST AMENDMENT FOR EASEMENT AGREEMENT WITH RYE KING ASSOCIATES, LLC REGARDING THE SEWER AND DRAINAGE EASEMENT FOR THE FIREHOUSE WHEREAS, in 1997, the Village of Rye Brook entered into an Easement Agreement with the owner of 900 King Street, Rye Brook, New York whereby the Village acquired permission to install drainage and sewer pipes at the 900 King Street property for the construction of Village Hall; WHEREAS, the Village is constructing the Village Firehouse on property adjacent to Village Hall and 900 King Street and requires an easement over a portion of 900 King Street to connect new drainage and sewer pipelines to the pipes located in the easement area created in 1997 for the purpose of draining stormwater from the Firehouse Property and to install a sanitary sewer spur to serve the Firehouse Property; and WHEREAS, Rye King Associates, LLC, the current owner of 900 King Street, and the Village of Rye Brook desire to modify the terms of the 1997 Easement Agreement so as to permit the Village's Firehouse property to have access to the sewer and drainage pipelines in the 1997 Permanent Easement Area and to expand the Permanent Easement Area to accommodate the 900 King Street property adjacent to the Firehouse Property; and NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby authorizes entering into the First Amendment to the 1997 Easement Agreement subject to the approval of the First Amendment to the 1997 Easement Agreement by the Village Attorney; and IT IS FURTHER RESOLVED, that the Village of Rye Brook agrees to pay Rye King Associates LLC reasonable attorneys' fees and engineering fees incurred in reviewing the First Amendment to the 1997 Easement Agreement and; IT IS FURTHER RESOLVED, that Rye King Associates LLC's attorney is allowed to further modify the easement agreement if necessary; and IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. It was the sense of the Board that the easement was a good idea and that the Village should proceed, however, it required further review. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was deferred. TRUSTEE GOODMAN VOTING AYE Board of Trustee Meeting April 8,2003 Page 10 of 27 TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4. APPROVING THE INSTALLATION OF A NO LEFT TURN SIGN ENTERING AND EXITING THE RIDGE STREET COUNTRY SCHOOL Mr. Bradbury was asked to read the resolution. RESOLUTION APPROVING THE INSTALLATION OF A NO LEFT TURN SIGN AT THE ENTRANCE OF THE RIDGE STREET COUNTRY SCHOOL WHEREAS, Westchester County is currently in the process of resurfacing and repaving North Ridge Street; and WHEREAS, the curbing alignment installed by Westchester County is causing an increase in the amount of traffic congestion into and out of the Ridge Street Country School; and WHEREAS, the Ridge Street Country School has informed the Village of its interest in trying to alleviate the traffic congestion, including staggering the vehicle arrival times, changing the parent drop-off traffic patterns to flow in a counter-clockwise direction, and only allowing right-hand turns out of their exit; and WHEREAS, to assist in this effort and improve the traffic conditions on North Ridge Street, it is suggested that a no left turn sign be installed at the entrance of the Ridge Street Country School traveling southbound on Ridge Street; and WHEREAS, the Ridge Street Country School will need some time to implement these traffic patterns and communicate them to the parents. NOW, THEREFORE, BE IT RESOLVED, that the Village Engineer is authorized to install a no left turn sign at the entrance of the Ridge Street Country School traveling southbound on Ridge Street,no earlier than May 5, 2003. Board of Trustee Meeting April 8,2003 Page 11 of 27 Trustee Santon felt that clarification was needed. The proposal was to have a no left turn southbound into their premises, and no left turn outbound. It should be made clear that turns across traffic into their premises are now prohibited. Trustee Goodman noted that the Ridge Street Country School is not incredibly happy about these changes. They had preferred to discuss this matter in the summer. She felt that further review should be conducted prior to making a decision to implement these changes. Trustee Santon stated that public safety is under the jurisdiction of the Village. The intent here is to keep the traffic flowing on this very busy street. He suggested that the Village Engineer and Police Chief comment on this matter. Mr. Bradbury responded that the Ridge Street Country School is okay with restricting a left turn into the school. He suggested that the representatives for the School be asked to attend the next Board of Trustee meeting. The Police Chief and Village Engineer can also comment at that time. Trustee Harris agreed and asked that the resolution be amended. Trustee Santon disagreed. He noted that only four cars can stack in the school's driveway. Not restricting the left turn out of the driveway will back up the traffic. He felt that both signs should be installed at the same time and that a modification could be made at a later date if there is a better solution. Police Chief Santoro noted that this area is becoming hazardous. This problem has been under review for a long time. It was his opinion that a no left into the grounds should be restricted. On a motion made by Trustee Goodman, and seconded by Trustee Degling, the resolution was adopted as amended. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 5. SUPPORTING THE EFFORTS OF THE LONG ISLAND SOUND WATERSHED INTER-MUNICIPAL COUNCIL (LISWIC) TO CREATE A REGIONAL STORM WATER DISTRICT Board of Trustee Meeting April 8,2003 Page 12 of 27 Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION SUPPORTING THE EFFORTS OF THE LONG ISLAND SOUND WATERSHED INTER-MUNICIPAL COUNCIL (LISWIC) TO CREATE A REGIONAL STORM WATER DISTRICT WHEREAS, the Long Island Sound Watershed Inter-Municipal Council (LISWIC) was created in 1999 through inter-municipal agreements approved by each legislative body pledging their support to work together on a regional basis to improve water quality by the management of storm water runoff, the protection of animal and plant habitats, and the maintenance and improvements to tributaries in the watershed leading to Long Island Sound; and WHEREAS, the twelve municipalities in LISWIC, the cities of Mount Vernon, New Rochelle and Rye, Town of Mamaroneck, Town/Villages of Harrison and Scarsdale, and Villages of Larchmont, Mamaroneck, Pelham, Pelham Manor, Port Chester and Rye Brook, have worked cooperatively to address storm water problems; and WHEREAS, LISWIC is aware of the financial commitment required from municipalities when they act separately to properly address the operational, maintenance and capital improvements to control storm water and believes that a regional body can immeasurably improve storm water management and, basin wide planning utilizing a fee based funding source which does not rely on the already burdened municipal real property tax; and WHEREAS, the federal government recently finalized regulations for storm water management in smaller communities operating Separate Storm Water Systems (MS4's) known as the National Pollutant Discharge elimination system (NPDES) Phase II Rule, which is designed to comply with the requirements of a 1987 amendment to the 1972 Clean Water Act by protecting streams; rivers and beaches from polluted non-point storm water runoff, and WHEREAS, all operators of small MS4s, of which all LISWIC member municipalities are categorized, must develop a comprehensive Storm Water Pollution Prevention Plan and submit, to the New York State Department of Environmental Conservation (NYSDEC), a "Notice of Intent" (NOI) of such plan by March 10, 2003 with full implementation of the submitted plan achieved by March 2008, NOW, THEREFORE, BE IT Board of Trustee Meeting April 8,2003 Page 13 of 27 RESOLVED, that the Village of Rye Brook Board of Trustees hereby supports the efforts of LISWIC to form a storm water utility district to advance the efficiency and effectiveness in managing surface water runoff and the network of streams, brooks and ponds that eventually flow into the Long Island Sound; and BE IT FURTHER RESOLVED, that such a storm water Utility District organized on a regional basis structured for the single purpose of managing surface water runoff and water quality can better plan, monitor, maintain and construct facilities that will enhance the overall management and control of storm water with a dedicated funding source that will relieve member municipalities from the burden of taxing its residents and the obligation to individually provide required programs and services; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees does hereby support the efforts of LISWIC to form a storm water utility district to assume responsibility for compliance with the NPDES Phase II Rule; and be it FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees does hereby support the efforts of LISWIC to form a storm water utility district and further supports the drafting of legislation to be submitted to the New York State Legislature for consideration. Trustee Santon felt that the Village should review the legislation before endorsing it. Trustee Degling pointed out that the proposed legislation was attached to the resolution, along with a list of the municipalities that have adopted it. He felt that this type of regional approach to this problem is necessary, and Rye Brook should support this Council. This is a good program and Rye Brook will be well represented on the Board through Mr. Bradbury. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS Mr. Bradbury reviewed the annual organization resolutions. Board of Trustee Meeting April 8,2003 Page 14 of 27 RESOLUTION CONSIDERING ANNUAL ORGANIZATIONAL RESOLUTIONS RESOLUTION DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED, that Robert Harris of 45 Meadowlark Road 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 Dean P. Santon of 39 Hillandale Road 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 1st Monday of April 2003. RESOLUTION RETAINING VILLAGE ATTORNEY RESOLVED, that the law firm of Keane and Beane, PC of One North Broadway, 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 June 19, 2001. RESOLUTION APPOINTMENT OF LABOR COUNSEL RESOLVED, that the law firm of Grotta, Glassman& Hoffinan (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. RESOLUTION Board of Trustee Meeting April 8,2003 Page 15 of 27 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 June 14, 2001. 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. Board of Trustee Meeting April 8,2003 Page 16 of 27 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 ASSESSOR RESOLVED, that Mitchell Markowitz, Assessor for the Town of Rye, is hereby appointed as the Assessor for the Village of Rye Brook. 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 Board of Trustee Meeting April 8,2003 Page 17 of 27 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. 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 (2nd) and fourth (40') 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 Board of Trustee Meeting April 8,2003 Page 18 of 27 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 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 and Bank of New York Flexicash on-line Investment Program with Merrill Lynch and Lehman Brothers as custodian, 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, Chase Manhattan/J.P. Morgan, First Union National Bank/Wachovia, Hudson Valley Bank, Fleet Bank 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 Board of Trustee Meeting April 8,2003 Page 19 of 27 FRIENDS OF RYE BROOK,INC. 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 December 19, 2001 are hereby re-adopted and promulgated for the Village official year, commencing the first Monday of April, 2003. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the resolution was adopted. Trustee Degling noted that it is the duty of the Board of Trustees to audit the bills. Trustee Santon will assist Trustee Degling in the review. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustee Meeting April 8,2003 Page 20 of 27 7. REFERRAL TO PLANNING BOARD ON A LOCAL LAW TO CREATE CHAPTER 214, STORM WATER MANAGEMENT CONTROL OF THE CODE OF THE VILLAGE OR RYE BROOK Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Goodman, the following resolution was adopted: RESOLUTION REFERRAL TO THE PLANNING BOARD ON A LOCAL LAW TO CREATE CHAPTER 214, STORM WATER MANAGEMENT CONTROL, OF THE CODE OF THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is considering a local law to create Chapter 214, Storm Water Management, of the Code of the Village of Rye Brook; and WHEREAS,the proposed local law draft is attached to this resolution. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed draft local law, as attached hereto, to the Planning Board for review and comment. Trustee Degling asked that each law be worded similarly. He felt that there should be a glossary with the definitions. Ms. Timpone-Mohamed responded. She noted that the definitions for each section could be tailored to that section. The other alternative would be to have a broad definition section where there is a single definition. She was unsure of which way was the better way, but suggested that this be discussed with the Planning Board. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 8. SUPPORTING THE STATE COMPTROLLER'S REFORM OF THE NEW YORK STATE COMMON RETIREMENT FUND Mr. Bradbury read the resolution. On a motion made by Trustee Degling and seconded by Trustee Goodman the following resolution was adopted: Board of Trustee Meeting April 8,2003 Page 21 of 27 RESOLUTION SUPPORTING THE STATE COMPTROLLER'S REFORM OF THE NEW YORK STATE COMMON RETIREMENT FUND WHEREAS, the New York State Comptroller has proposed certain reforms to the New York State Common Retirement Fund; and WHEREAS, the New York State Comptroller Alan Hevesi is the sole trustee of the New York State Common Retirement Fund, and in such capacity, has presented a plan to the New York State Legislature regarding certain modifications and reform of payment contributions to the Common Retirement Fund; and WHEREAS, the Comptroller's reform plan also provides for (1) requiring employers to make a minimum contribution of 4.5% of payroll every year; (2) altering the billing cycle to match government budget cycles; and (3) requiring New York State payments to the Common Retirement Fund to be paid in the current fiscal year; and WHEREAS, such modifications to the Common Retirement Fund will strengthen the Fund and reduce fluctuations and payments to the Fund by their employers, and as such, provides fiscal relief to local governments and the State. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby supports and endorses the Comptroller's proposal to strengthen the New York State Common Retirement Fund, encourages the Legislature to enact the proposed legislation into law as written, and requests that it be signed into law by the Governor. TRUSTEE GOODMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 9. AUTHORIZING THE REALLOCATION OF 2002/03 CAPITAL PROJECT MONIES TO PURCHASE AN ADDITIONAL SALT SPREADER Board of Trustee Meeting April 8,2003 Page 22 of 27 Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Harris, the following resolution was adopted. RESOLUTION REALLOCATION OF 2002/2003 CAPITAL PROJECT MONIES TO PURCHASE AN ADDITIONAL SALT SPREADER RESOLVED, that $8,000 of monies remaining in account number 901.5000.203 after the purchase of three Highway vehicles listed in the 2002- 2003 capital budget be reallocated to purchase an additional salt spreader. Mr. Carosi noted that the Village needs a new spreader which would replace an older model that the Village currently owns. This spreader would fit on the back of the Village's trucks. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 10.AUTHORIZING USE OF VILLAGE STREETS FOR RYE BROOK PARKS AND RECREATION PARADE FOR THE OPENING OF THE LITTLE LEAGUE AND SOFTBALL PROGRAMS Mr. Bradbury read the resolution. On a motion made by Trustee Degling and seconded by Trustee Santon the following resolution was adopted. RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR RYE BROOK PARKS AND RECREATION PARADE FOR THE OPENING OF THE LITTLE LEAGUE AND SOFTBALL PROGRAMS Board of Trustee Meeting April 8,2003 Page 23 of 27 RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village Streets for the opening of the spring Little League Baseball and softball programs on April 26, 2003 at 12:30 pm along the route described in the memorandum received from Robert Bertolacci, dated April 1, 2003; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 11.AUTHORIZATION OF FUNDS FOR THE 2003 MEMORIAL DAY PARADE TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE VETERAN'S CENTRAL COMMITTEE Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION AUTHORIZATION OF FUNDS FOR THE 2003 MEMORIAL DAY PARADE TO BE PAID TO THE PORT-CHESTER-RYE BROOK-TOWN OF RYE VETERAN'S CENTRAL COMMITTEE WHEREAS, The Port Chester-Rye Brook-Town of Rye Veteran's Central Committee will be hosting the 2003 Memorial Day Parade on Monday May 26, 2003; and WHEREAS, the Village of Rye Brook Board of Trustees would like to assist the Port Chester-Rye Brook-Town of Rye Veteran's Central Committee with this event; and BE IT FURTHER RESOLVED, that the Village of Rye Brook will pay seven hundred and fifty dollars ($750.00) to the Port Chester-Rye Brook-Town of Rye Veteran's Central Committee for its 2003 Memorial Day Parade. Board of Trustee Meeting April 8,2003 Page 24 of 27 TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 12.AUTHORIZING ACCEPTANCE OF A DONATION TO THE RYE BROOK POLICE DEPARTMENT Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and seconded by Trustee Santon, the following resolution was adopted. RESOLUTION AUTHORIZING ACCEPTANCE OF A DONATION FOR THE RYE BROOK POLICE DEPARTMENT RESOLVED, that the Village of Rye Brook Board of Trustees hereby accepts a donation from William V. Aughavin for a Ruger Rifle Model "M-77" 308 caliber which will supplement the special use weapons presently in inventory. TRUSTEE DEGLING VOTING AYE TRUSTEE GOODMAN ABSENT TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 13. APPROVAL OF MINUTES: February 8, 2003 (Grievance Day) February 18, 2003 (Special Meeting) March 11, 2003 (Tree Work Session) March 25, 2003 (BAR Final Determination) Trustee Santon asked that this matter be adjourned to the next meeting to allow the Board additional time to review the summaries. The Board agreed and this matter will be placed on the agenda for the next Board of Trustee Meeting. Board of Trustee Meeting April 8,2003 Page 25 of 27 14. ANNOUNCEMENT OF MAYORAL APPOINTMENTS OF TRUSTEES TO ACT AS LIAISONS FOR BOARDS, COMMITTEES AND COUNCILS Trustee Robert Harris Advisory Council on Parks & Recreation Blind Brook Board of Education Traffic Committee Rye Brook Birthday Committee Trustee Donald Degling Planning Board Tree Committee Telecommunications Commission Rye Brook Birthday Committee Trustee Goodman Architectural Review Board Airport Committee Zoning Board of Appeals Rye Brook Birthday Committee Trustee Dean Santon Advisory Council on Environmental Conservation Port Chester Board of Education Facilities Committee Rye Brook Birthday Committee DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD 1. DISCUSSION OF LAND USE COMMITTEE REPORT AS IT RELATES TO THE VILLAGE OWNED PARCEL OF LAND OFF COMLY AVENUE Trustee Harris reported on this matter. He noted that there were two parcels of land involved. He recommended selling these parcels. The land cannot be built upon, and would carry some covenants, which would reduce the sale price. However, the goal would be to have the sale yield the highest result. Mayor Filipowski suggested that Mr. Bradbury and Mr. Beane review this matter. Trustee Degling felt that the Village needed to make sure that the property off of Comly Avenue cannot be subdivided. The only access is by easement across a narrow strip to the castle. This property is more of a liability than an asset and selling it is a good idea. Board of Trustee Meeting April 8,2003 Page 26 of 27 Trustee Santon noted that the Magnolia Drive subdivision borders this property. There is a limited number of property owners that would be interested in this property. He stated that there were additional properties that should be reviewed. 2. DISCUSSION ON RECOMMENDING SURVEY OF MEADOWLARK PARK AS IT RELATES TO THE ENCROACHMENTS ON THE NEIGHBORING PARCEL ALREADY SURVEYED. Trustee Harris suggested additional survey work on this park. He felt that there are encroachments from the adjacent homeowners. Mr. Carosi would review this matter with Trustee Santon. This park is a 1.3 acre parcel. DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC Mr. Ken Heller addressed the Board. He noted that a number of months ago he asked for relief on sewer tax. It is now time to make the payment and he has received no response from the Village. Mr. Bradbury was asked to set a timeline. He is looking into this and will have a response by May 22. Mr. Bradbury reviewed the agenda for the next meeting. Mayor Filipowski noted that the Aquarion Water Company has begun cleaning out the water mains throughout the Village. The water is safe, but may be discolored. It was suggested that bottled water be used when the water is discolored. Mayor Filipowski noted that the next Trustee Meetings were scheduled for April 22, 2003 and May 13, 2003 There being no further business before the Board the meeting was adjourned at 11:10 P.M. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustee Meeting April 8,2003 Page 27 of 27