HomeMy WebLinkAbout2003-03-11 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, MARCH 11, 2003
AGENDA
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATION
1) UPDATE ON REVALUATION AND THE CONSTRUCTION OF A SOCCER
FIELD AT CRAWFORD PARK PROVIDED BY RYE TOWN SUPERVISOR
ROBERT MORABITO.
RESOLUTIONS
1) REFERRAL TO PLANNING BOARD AND SETTING A PUBLIC HEARING
DATE TO READOPT AND AMEND THE INTERIM DEVELOPMENT LAW.
2) APPROVING AN INTERMUNICIPAL AGREEMENT WITH
WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR
PRISONER TRANSPORTATION.
3) APPROVING AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY
OF WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE
VILLAGE OF RYE BROOK.
4) AUTHORIZING SURVEYS FOR TWO VILLAGE OWNED PROPERTIES
ON KING STREET, AND AUTHORIZING A CONCEPTUAL DESIGN PLAN
TO CONSTRUCT A SOCCER/SOFTBALL FIELD AT HARKNESS PARK.
5) AUTHORIZING AN AGREEMENT BETWEEN WESTCHESTER COUNTY
AND THE VILLAGE OF RYE BROOK REGARDING THE SHARING OF
GEOGRAPHIC INFORMATION SYSTEM DATA.
6) SUPPORTING WESTCHESTER COUNTY'S REHABILITATION OF
NORTH RIDGE STREET AND SOUTH RIDGE STREET.
7) SUPPORTING GOVERNOR PATAKI'S PLAN TO REDUCE EMPLOYER
PENSION CONTRIBUTIONS.
Board of Trustee Meeting
March 11,2003
Page 1 of 20
8) CONSIDERING THE APPOINTMENT OF HEAVY MOTOR EQUIPMENT
OPERATOR(HMEO).
9) APPROVAL OF MEETING MINUTES:
January 2, 2003 Special Meeting
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE
BOARD
1) REVIEW OF PROPOSED "SIX-YEAR CAPITAL IMPROVEMENT PLAN
FOR 2003-2004 THROUGH 2008-2009."
2) STATUS OF VARIOUS PROJECTS INVOLVING VILLAGE-OWNED
PROPERTIES.
3) UPDATE ON VARIOUS RYE BROOK ADVISORY COMMITTEE
MATTERS.
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC
Next Trustee Meetings: March 25, 2003 and April 8, 2003.
CONVENE
Mayor Filipowski called the meeting to order at 7:30 p.m., by asking everyone to join him in the
Pledge of Allegiance.
BOARD Trustee Donald Degling
Trustee Carol Goodman
Trustee Robert Harris
Trustee Dean Santon
Mayor Francis Filipowski
STAFF: Christopher Bradbury, Village Administrator
Connie DiSalvo, Assistant to the Village Administrator
Edward Beane, Esq.,Village Counsel
Robert Bertolacci, Parks & Recreation Superintendent
Victor Carosi, Village Engineer
Mitchell Markowitz, Village Tax Assessor
Marilyn Timpone-Mohamed, Village Planning Consultant
Robert Santoro, Police Chief
Fred Seifert, Public Access Coordinator
David Stolman, Village Planning Consultant
Paula Patafio, Meeting Secretary
Board of Trustee Meeting
March 11,2003
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Mayor Filipowski called for the first item on the agenda:
PRESENTATION
1) UPDATE ON REVALUATION AND THE CONSTRUCTION OF A SOCCER
FIELD AT CRAWFORD PARK PROVIDED BY RYE TOWN SUPERVISOR
ROBERT MORBATIO.
Mr. Robert Morabito, Rye Town Supervisor, addressed the Board. He noted that the
views on the revaluation vary. Some citizens of Port Chester, Rye Brook and Rye
Neck view it as a scary concept, while other residents view this as a positive step and
are looking to move forward. A study is currently being conducted, and the Town has
reviewed studies done by other municipalities such as Scarsdale and Mamaroneck.
The Village's property record cards have been upgraded and work is being done on
Village maps. The second phase of the revaluation program has just begun. The
School Boards support this revaluation and will be sending letters of support.
The first public relations piece has been mailed out. It gives the background of the
Town of Rye and where the revaluation fits in. It includes a photograph of each
home, responses to commonly asked questions, and a questionnaire to be completed
by the resident. The second photography session will be completed in Rye Brook in
early spring. The fly over photographs will be taken in the early part of April, and
this data will be shared with the County. By going to 100% value, although there
may be some drawbacks, the benefits will be ten-fold.
Mr. Morabito noted that the Town of Pelham completed the re-evaluation and they
received a deduction. The levy went up, but their taxes went down. The objective of
revaluation is not to raise more money in taxes but rather to establish fairness and
equity for all property — both commercial and residential. The Village Boards and
School Board will be able to have more realistic budgets. It is important to remember
that a revaluation has not been done since 1967.
There has been a tremendous upward soaring of the value of residential homes.
However, this does not happen with commercial properties. When the value of
homes goes up 15%, commercial property is also raised. But a year or two later the
businesses apply for Tax Certs which can result in a repayment of taxes, as well as
additional fees paid out, i.e.: attorney fees.
At this time the Board was asked to sit in the audience for a slide presentation by the
Rye Town consultant and Mitchell Markowitz, Tax Assessor. Mr. Markowitz
reminded everyone that the intent of a revaluation is to create a fair and equitable
assessment role and levy the real estate taxes as fairly as possible. The last time a
revaluation was done in the Town of Rye was in 1967. There is a need to update the
basis on which all municipalities and school districts rely upon taxation. As part of
this project, the tax maps will be updated. This is a very important process for the
community and there are various impacts upon the community.
Board of Trustee Meeting
March 11,2003
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At a previous meeting it was explained that the first set of photographs had been
completed. Every single property in the Village of Rye Brook has been
photographed. The second set of photographs are now almost complete. These
photographs have been taken from two different angles. Now there are full sets of
photographs for each property—with and without foliage. Starting in May this same
team will be going to each residents' door asking to take pictures of the inside of the
home. The law is very clear — no resident has to allow these inspectors into their
homes. All of the information is now computerized. The benefit is more accurate
information. Within the next several weeks there will be a mailing of the public
relations pieces. Every property owner will get a mailing with their property's
information on it.
It was noted that all of this information will be shared with the police department, the
fire department, and the EMS. They will have the photographs of the property and be
able to respond to any emergency with this extra knowledge. The GIS system will
allow emergency services to view the property involved, and all of the surrounding
properties as well. The intention here is to provide the municipalities with the tools
that will potentially make it easier for them to do their jobs.
Revaluation is used to restore the equity within a jurisdiction. That means that there
are some properties that have been under assessed for years, and others that are over
assessed. The point is to bring everyone back to the center — as close to 100% of
market value as they can be. In essence, the residents who are now under assessed
have been receiving a tax break because other residents are paying more than they
should in order to cover that deficit. The real key here is equalization rate set by the
State. Simply stated, there is an assessment on each property and the State sets the
value of each property. Every year as property values go up and the State comes in
and sets this equalization rate. The unfortunate part about the equalization rate is
commercial properties are impacted at a heavier level than residential. The net result
is that commercial properties know that they can come in and file a tax cert. The
commercial property owners wait a few years and then come in file the cert to have
their taxes lowered. Now the Village loses tax dollars and has to pay back the
commercial property owner for being over charged. By doing the revaluation and
maintaining the control of that equalization rate the Town will no longer have to
depend upon New York State to set the equalization rate. Some people will receive a
tax increase. They will receive a tax increase just because the budgets have gone up.
There is no way to say whose taxes will go up. It is important to note that every
resident is afforded three opportunities to challenge the value. The first opportunity
comes after the notice of change in value is received. The second opportunity is to
appear before the Board of Assessment Review. And the third and final opportunity
is going to Court. The land you own plays a large part of the value of your property.
The objection of revaluation is to treat everyone fairly, and equitably.
At 8:15 p.m., with the completion of the revaluation presentation, Mr. Morabito
commenced the presentation on the use of Crawford Park. He noted that over the
years the uses of this parkland has grown. At this time there is a tremendous shortage
Board of Trustee Meeting
March 11,2003
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of soccer fields within our community and the Town of Rye is trying to address this
shortage. A proposed field has been sketched for Crawford Park and the Town is
now moving forward with a study. Feedback from the residents and the Village of
Rye Brook is needed. He stated that a meeting regarding this proposed soccer field
was scheduled for March 12, 2003 at Rye Town. It is the Town's objective to help
and enhance recreational use. This soccer field can be installed at virtually no cost to
the taxpayers. Mr. Morabito noted that a parking area is also being reviewed. This
area could potentially accommodate 39 cars.
A landscape architect has been hired to review this project. He has walked the park
and in an attempt to find the best site possible. The main objectives are to preserve
the integrity of the park, save as many trees as possible, and not add more impervious
surfaces than needed.
Mr. Morabito pointed out that the entrance to Crawford Park curves up the hill. At
the top of the hill there is an area where parking for 37 to 39 cars can be established.
This parking area would be set back from the roadway by approximately 100', and
could be screened with shrubs so that the cars are not visible when entering the park.
The proposed field will be 360' x 100', with removable goals. Landscaping will be
added around the field. The use of the field must be scheduled through the Town of
Rye and, when not in use, the parking area will be chained off.
The Town is looking forward to working hand-in-hand with the Rye Brook and Port
Chester Recreation Departments, as well as the School Districts. The intention is to
allow both Recreation Departments, and the School Districts, use of the field. This
field will not be used 24 hours a day, seven days a week. This field can become a
marvelous amenity.
Trustee Harris noted that he had the opportunity to review the Rye Town Master Plan
for Crawford Park. At that time there was a suggestion to put a field near Lincoln
Avenue, on the hill. Grading would be required, and a few trees would be lost, but
the impact would be much smaller. He pointed out that there are two groups that are
concerned. The first is the Friends of Crawford Park. The second is the Hidden Falls
Homeowners. These two groups would be satisfied if the proposed location was
changed and Trustee Harris encouraged the Town to look at the location near Lincoln
Avenue.
Mr. Morabito noted that they have reviewed this area. It was found that the roadway
would have to be re-routed, which is very costly. In addition, only a junior field
would fit in this area. Another problem was the parking, as having the parking at the
bottom of Lincoln Avenue would be unsightly.
Trustee Santon commended the Town of Rye for stepping up to fill a void. He noted
that Port Chester is in the middle of their planning for soccer facilities, as is Rye
Brook. He suggested that everyone work together so that we do not replicate efforts
to create soccer fields. He also questioned the various sizes of fields that have been
Board of Trustee Meeting
March 11,2003
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proposed. It was noted that there are various sizes for soccer fields. The Village will
be researching this matter further, as will the Town.
The Board thanked Mr. Morabito for his presentation.
Mayor Filipowski asked that item 94 of the agenda be taken out of order to accommodate the
residents who were in attendance:
4. AUTHORIZING SURVEYS FOR TWO VILLAGE OWNED PROPERTIES
ON KING STREET AND AUTHORIZING A CONCEPTUAL DESIGN PLAN
TO CONSTRUCT A SOCCER/SOFTBALL FIELD AT HARKNESS PARK.
Mr. Bradbury read the resolution. On a motion made by Trustee Degling and
seconded by Trustee Santon the following resolution was adopted:
RESOLUTION
AUTHORIZING SURVEYS FOR TWO VILLAGE-OWNED PROPERTIES
ON KING STREET AND AUTHORIZING A CONCEPTUAL
BALL FIELD DESIGN PLAN TO CONSTRUCT
A SOCCER/SOFTBALL FIELD AT HARKNESS PARK
WHEREAS, the Advisory Council on Parks and Recreation, after considerable
review, meetings and discussion with the community and the project architect, has
determined that there is a need to establish a full-size soccer and softball field to meet the
present and future recreational goals of the Village; and
WHEREAS, the Village has been unable to develop an acceptable ball field
design on the former Village compost site on King Street that meets this recreational goal
due to a lack of property to support this field solely on Village property; and
WHEREAS, on February 10, 2003, the Advisory Council on Parks and
Recreation unanimously passed a resolution recommending that the Village of Rye Brook
Board of Trustees proceed with constructing a soccer/softball field at Harkness Park and
also recommended that the contract with The Thomas Group be amended to reflect the
move to Harkness Park; and
WHEREAS, the Blind Brook School District, the Port Chester School District
and the Town of Rye are all considering the construction, refurbishment or replacement
of soccer fields on their properties within the Village of Rye Brook.
NOW, THEREFORE BE IT RESOLVED, that in order to fully determine the
best available property that will meet the recreational and fiscal goals of the community,
the Village Board hereby authorizes the Village Administrator to obtain updated surveys
for the former compost site and the Harkness Park site, and authorizes The Thomas
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March 11,2003
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Group to provide a conceptual design for the full-size soccer/softball field at Harkness
Park, and be it further
RESOLVED, that the Mayor is authorized to execute and deliver all documents
necessary and appropriate to accomplish the purposes of this resolution.
Mr. Ed Kulik, Chairman of the Recreation Council addressed the Board. He announced
that based upon a letter received from the Arbors Board, the Village would not be
proceeding with the plans for the compost site. At this time Harkness Park is being
considered for a full sized soccer field. Rye Brook is a growing community with
expanding recreational needs. Mr. Kulik noted that the Council is also looking into the
possibility of an additional softball field. The Village's consultants will be reviewing the
park in order to make a proposal. Mr. Kulik asked that the survey of Harkness Park
begin as soon as possible in order to move the process along.
Trustee Harris noted that when he reviewed the letter from the Arbors his interpretation
was different. He felt that they were not shutting the door. He believed that many of the
residents preferred the compost site as long as they have control over the easement.
Mr. Kulik noted that the Arbors notified the Village prior to forwarding the letter. After
this discussion, and review of the letter, the Recreation Council felt that it was in the best
interest of the Village to move forward and look at Harkness Park.
Trustee Santon noted that the letter from Michael Brown, Vice President of the Arbors
Homeowners Association, was dated February 11, 2003. In his review of the letter he felt
that it was very clear that the homeowners of the Arbors felt that the original plan was a
much better plan. They would be willing to give an easement over Arbor property to get
to the parking at the school. Mr. Brown expressed his concern over the current plan and
having a soccer field of 195' x 360' which extends onto the Arbor's property. It is too
close to Arbor Drive. In addition, the top of the field is too close to King Street. It was
also noted that the plan does not show the mature trees on the property that would have to
be removed. There would be a significant impact to the character of the neighborhood
and the streetscape. Topographical surveys show a 6' to 8' elevation change. This
means a massive retaining wall must be constructed. Now you would be on top of the
school district property.
Trustee Santon pointed out that the Blind Brook school board has not been presented with
this plan so there is no opinion from them as to whether or not they would be in favor.
He felt that the compost site was the best location, utilizing the original plans. In
considering Harkness Park it must be noted that the existing tennis courts would have to
be demolished. Rebuilding the tennis courts is an additional cost that needs to be
considered. Trustee Santon questioned why the Village would start on one path and then
switch to another. It was his belief that if the Village went with their original plans they
would already have a shovel in the ground. He questioned why the surveys have not
already been completed for the compost site.
Board of Trustee Meeting
March 11,2003
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Mr. Kulik noted that the Harkness Park survey presented is from 1992. The Thomas
Group was hired to assist with this project. The plan before the board simply shows that
the field will fit. The Thomas Group specializes in ball fields and they will look at the
entire site. The School Board asked for an update and they are aware that the Village is
looking at Harkness Park. The Recreation Department is very concerned about the tennis
courts. These courts are in the current budget for renovation. The tennis courts can be
relocated to the compost site. The Recreation Council was asked to address the need for
a soccer field. He reminded the Board that this Council is made up of volunteers who
have the best interest of the Village and children in mind. Mr. Kulik noted that the
School Board is aware of the proposed plans.
Toby Marrow from the Arbors addressed the Board, noting that the Arbors feels that their
position has been misunderstood. She recapped the circumstances surrounding the
proposed field. In May 2002 a proposed field was presented to the Arbors but by
December 2002 the originally proposed soccer field had grown significantly. She
reminded the Village Board that a compromise was offered to the Village by the Arbors.
It was in the form of a land swap of the Arbors' property at the compost site in exchange
for Village property at Harkness Park. In this manner the Village would have the land
necessary to build the recreational fields, the Village and the school would not be
inconvenienced, and the Arbors would have a replacement parcel of land to create a
secondary means of ingress and egress should it become necessary. Throughout all of the
Village proposals, the Arbors' position has remained the same. They cannot recommend
the current plan to the homeowners. She noted that the parcel of land that the Village is
looking to utilize is the only secondary means of ingress and egress for the Arbors.
Although there is no question that additional fields will be beneficial to the community,
the Arbors Board has an obligation to their members.
Daniel D. Tartaglia, Esq. addressed the Board as the attorney for the Arbors Homeowners
Association. He began by noting that this project has morphed from one thing to another.
Football fields, no football fields, softball fields, soccer fields, etc. — the plans keep
changing. He stated that he has been trying to get a handle on what the Village Board
was doing regarding SEQRA. The Arbors need to know how this project is being
classified and whether or not an environmental assessment will be done. There are
issues, such as storm water management that need to be reviewed. The residents of the
Arbors are experiencing a lot of confusion. This project will have a direct impact on
hundreds of homeowners. What everyone is trying to do is something good, but it is not
proceeding in a manner that is fruitful.
Mr. David Stolman, Village Planning Consultant addressed the Board. He noted that Mr.
Tartaglia's point is well taken. It is important to make the distinction between what the
Board is doing and when SEQRA should be filed. The Board can study a project as
much as they would like to without making a determination regarding SEQRA. This
process is evolving and the Board is trying to gather information to determine what
direction it would like to go. A plan must be submitted before an evaluation can be
made. At the appropriate time, when this process has evolved, the information will be
taken and the SEQRA process will be done.
Board of Trustee Meeting
March 11,2003
Page 8 of 20
Mr. Bradbury attempted to summarize the Village's position at this time. He noted that
the Village Board requested that the Recreational Council review the possibility of
utilizing the former compost site for recreational uses. The Recreation Council felt that
this parcel could not meet the recreational needs of the Village. They have asked the
Board to consider Harkness Park.
Trustee Santon stated that work on this project began nine months ago in June 2002.
There was a project description and it was very clearly declared to the public. Now the
Village is considering a different parcel. He reminded the Board that the Harkness Park
is part of the P.U.D. At this time there are two separate projects being reviewed. The
soccer field constructed in Harkness Park and the tennis courts being reconstructed on the
compost site. At this time the Village must decide whether or not it is prepared to spend
taxpayer money knowing that the school district will be addressing their own needs. The
Village does not have a football program and has no need for a football field. The Arbors
proposed a land swap six weeks ago in January 2003. The Arbors is looking for an
additional buffer along Arbor Drive. This possibility should not be ruled out, especially
if the land has not been dedicated as parkland. He asked that the Village Board address
the costs associated with these proposed projects before allowing the architects to spend
more and more money.
Mr. Beane was asked for his input. He stated that he reviewed a resolution from June of
1974 that notes that the developer was required to deed to the Town of Rye 10% of land
for parks and recreation. He reviewed the subdivision map, however, it does not make
any reference to what the area of Harkness Park is called. The Town of Rye does not
have this property included on the assessment map. All of the above indicates that this is
dedicated parkland. Assuming that it is dedicated parkland, you would need State
legislative approval to make any change. Mr. Beane asked the Board to clarify what
legal opinion they are requesting. This Board must determine where they want to build
the soccer field, and what type of soccer field they would like to build. He agreed with
Mr. Stolman that the SEQRA process is totally premature.
Trustee Harris noted that he has worked closely with F.P. Clark. As the president of F.P.
Clark, he trusted David Stolman's viewpoint. If he is confident that the Village is not
violating SEQRA, he accepted that opinion. He asked that the Arbors Board clarify the
request regarding ingress/egress. Harkness Park borders Arbor Drive and this parcel does
not seem to solve the issue of ingress/egress.
Ms. Marrow responded. This land swap would give the Arbors the ability to widen the
road. If the Atrium building ever decided that they wanted a road of their own there
would still be a way to enter the Arbors.
Mr. Dan Tartaglia reiterated his opinion that he felt that the Village was violating the
SEQRA process.
Mr. Beane respectfully disagreed. The resolution only authorizes the updated survey and
the modification of the consulting agreement. No determination has been made regarding
Board of Trustee Meeting
March 11,2003
Page 9 of 20
what project would move forward. Nothing even comes close to violating SEQRA. This
is still the beginning of the process.
Mr. Stolman noted that the Village needed to organize. In order to complete an
Environmental Assessment Form a certain amount of information is required. A
proposed project does not give enough information. The SEQRA process will be reached
at the appropriate time.
Trustee Goodman noted that the Village is exploring a second alternative — Harkness
Park. A decision must be made as to which plan is more amenable.
Trustee Santon noted that the Recreation Council's meeting minutes of November 19,
2002 indicated that estimated costs of$1.6 million were prepared by the Thomas Group.
He questioned whether the Board was prepared to spend an additional million dollars
beyond the $600,000 authorized bond financing in the current budget. Mayor Filipowski
pointed out that this was not the topic of the motion before the Board. He asked that the
roll be called.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING NAY
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING NAY
MAYOR FILIPOWSKI VOTING AYE
Mayor Filipowski returned to the order of the agenda, and called for item 91.
1. REFERRAL TO PLANNING BOARD AND SETTING A PUBLIC HEARING
DATE TO READOPT AND AMEND THE INTERIM DEVELOPMENT LAW.
Mr. Beane was asked to read an amended resolution. On a motion made by Trustee
Santon and seconded by Trustee Goodman the following resolution was adopted:
RESOLUTION
REFERRAL TO PLANNING BOARD AND SETTING
A PUBLIC HEARING DATE TO AMEND THE
INTERIM DEVELOPMENT LAW
WHEREAS, the Village of Rye Brook Board of Trustees adopted Local Law 95-
2002 on August 12, 2002 to regulate for an interim period, the approval of subdivision
plats, project development plans and special use permits in the R-12, R-15 and R-20
Zoning districts and the Lincoln Avenue corridor; and
Board of Trustee Meeting
March 11,2003
Page 10 of 20
WHEREAS, Local Law 95-2002 states that the law shall be in effect for a period
of I80 days from its effective date; and
WHEREAS, the effective date that the interim development law was filed by the
Secretary of State was September 20, 2002 and will expire on March 20, 2003; and
WHEREAS, the attached interim development law amends the effective date to
July 8, 2003;
NOW, THEREFORE BE IT, RESOLVED, that the Village of Rye Brook
Board of Trustees hereby refers the attached Interim Development Law to the Village of
Rye Brook Planning Board for review and comment; and
BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a special
meeting on March 19, 2003 at 7:30 p.m. at the Village Hall, Rye Brook, New York to
consider amending the interim development law by extending its term to July 8, 2003.
Mr. Beane offered a quick synopsis. The law must be refiled because there was an issue
regarding the language added. The 180-day period, as called for, runs out on March 20,
2003. It was his strong opinion that it would be better to amend the law within the 180
days, and extend it to July 8, 2003 rather than let the law lapse. If the law should lapse,
then the Village would have to start all over— beginning with public hearings. It would
be very simple to extend the local law, and he suggested a special meeting for March
180i.
Trustee Santon noted that he was told that the date was October 3, 2002 and not
September 20th. He felt that the law really expires April 3, 2003. Mr. Beane responded
that the date is September 20, 2002, with an expiration date of March 20, 2003. Having
been corrected, he agreed with Mr. Beane in that the law should not be allowed to lapse.
Mayor Filipowski suggested a meeting on the evening of Tuesday, March 18th. Trustee
Santon felt that it was inappropriate to suggest that a meeting be held on the 18th as it was
election day. He realized that the Mayor was not up for re-election and might not
understand, however, he felt it would be more appropriate to hold the meeting on
Wednesday, March 19th. Mr. Beane noted that the on 18th the Board would already be
together and that is why he suggested that date. However, the date of the 19th is fine.
Trustee Harris, who was also up for election, noted that he would not be able to attend a
meeting on the 19th. He asked to be excused from that meeting. In order to
accommodate Trustee Santon's request, both Trustee Harris and Trustee Degling were
excused from attendance at the meeting for the 19th. The meeting was scheduled for
7:30 p.m. on March 19, 2003.
Mayor Filipowski asked for a motion to change the resolution date from March 18th to
March 19th. Trustee Santon made the motion, and Trustee Goodman seconded.
Board of Trustee Meeting
March 11,2003
Page 11 of 20
TRUSTEE DEGLING VOTING NAY
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING NAY
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
2. APPROVING AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY
OF WESTCHESTER AND THE VILLAGE OF RYE BROOK FOR
PRISONER TRANSPORTATION.
Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and
seconded by Trustee Santon, the following resolution was adopted:
RESOLUTION
APPROVING AN INTERMUNICIPAL AGREEMENT WITH
WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK
FOR PRISONER TRANSPORTATION
RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-
municipal agreement with Westchester County for prisoner transportation, for the period
of January 1, 2003 to December 31, 2004 as follows:
(1/1/03-12/31/03) $127.35 per round trip
(1/1/04-12/31/04) $133.70 per round trip; 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 Degling noted that he was in favor of the resolution and the agreement. He did,
however, express a few concerns regarding the resolution. Mr. Beane pointed out that
this is a Westchester County generic contract. The County is not always willing to make
corrections, but he would make an attempt.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
Board of Trustee Meeting
March 11,2003
Page 12 of 20
3. APPROVING AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY OF
WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE VILLAGE
OF RYE BROOK
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded
by Trustee Goodman, the resolution was approved.
RESOLUTION
APPROVING AN INTERMUNICIPAL AGREEMENT WITH
THE COUNTY OF WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND
THE VILLAGE OF RYE BROOK
RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-
municipal agreement with the County of Westchester Employee Assistance Program for
administrative, managerial and referral services for the period of January 1, 2003 to
December 31, 2004 at a rate of$1,525.00 per year; 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.
There were no comments from the Board.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
5. APPROVING AN AGREEMENT BETWEEN WESTCHESTER COUNTY AN
THE VILLAGE OF RYE BROOK REGARDING HE SHARING OF
GEOGRAPHIC INFORMATION SYSTEM DATA
Mr. Bradbury read the resolution. On a motion made by Trustee Santon and
seconded by Trustee Goodman the following resolution was adopted:
RESOLUTION
APPROVING AN AGREEMENT BETWEEN WESTCHESTER COUNTY
AND THE VILLAGE OF RYE BROOK
REGARDING THE SHARING OF GIS DATA
Board of Trustee Meeting
March 11,2003
Page 13 of 20
RESOLVED, that the Village of Rye Brook is hereby authorized to enter into an
agreement with Westchester County for the mutual sharing of geographic information system
(GIS) data for the period of March 12, 2003 to January 31, 2008 subject to further modifications
and/or review by the Village Attorney; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all
documents necessary and appropriate to accomplish the purposes of this resolution.
Trustee Degling questioned the maps and coordination with the Town of Greenwich. The
maps stop dead at the State Line. He asked that the maps cross over the State Lines a
little bit. He also requested that the GIS maps of Connecticut scale be matched.
Mr. Bradbury responded that the Village would be matching the County's GIS program.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
6. SUPPORTING WESTCHESTER COUNTY'S REHABILITATION OF
NORTH RIDGE STREET AND SOUTH RIDGE STREET
Mr. Bradbury read the resolution. On a motion made by Trustee Degling and
seconded by Trustee Goodman the following resolution was adopted:
RESOLUTION
SUPPORTING WESTCHESTER COUNTY'S REHABILITATION
OF NORTH RIDGE STREET AND SOUTH RIDGE STREET
BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook
hereby endorses and supports the current multi-year Federal Transportation Bill, the
Transportation Equity Act of the 21" Century which is up for re-authorization in
Congress; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of
Rye Brook hereby supports the efforts of Westchester County and the New York
Congressional Delegation to earmark funds from said act for major County projects
including the rehabilitation of North Ridge Street and South Ridge Street, streets located
in the Village of Rye Brook as such street rehabilitation would be to the benefit of
Village residents and emergency services of the Village of Rye Brook.
Board of Trustee Meeting
March 11,2003
Page 14 of 20
Mr. Bradbury stated that he has spoken with County Legislator Rogowksy. The project is
not contingent on receiving the funds. The balance of the project is still several years
away.
Trustee Santon asked for clarification on what the expectations of the current project is.
Mr. Bradbury noted that Phase I is the current project. Phase II is the additional project.
He also noted that the current project covers several improvements in the area such as
drainage and resurfacing from the Hutch South to Westchester Avenue. The County is
working from North to South.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
7. SUPPORTING GOVERNOR PATAKI'S PLAN TO REDUCE EMPLOYER
PENSION CONTRIBUTIONS
Mr. Bradbury read the resolution. On a motion made by Trustee Degling, and
seconded by Trustee Goodman, the resolution was adopted.
RESOLUTION
SUPPORTING GOVERNOR PATAKI'S PLAN
TO REDUCE EMPLOYER PENSION CONTRIBUTIONS
WHEREAS, the New York State Retirement system recently announced an
unprecedented increase in employer payments for the NYS Retirement System that is
creating significant financial challenges for local governments throughout the state; and
WHEREAS, Governor Pataki is actively seeking to reduce the employer pension
costs and has proposed a comprehensive plan to amend the retirement and social security
law in relation to options to limit volatility and improve planning for employer
contributions; and
WHEREAS, the proposed bill prepared by the Governor would require the state
Comptroller to review options to reform the process of determining employer pension
contributions in an effort to address the current pension-funding crisis facing local
governments; and
Board of Trustee Meeting
March 11,2003
Page 15 of 20
WHEREAS, the Comptroller would be required to evaluate options to: (i) modify
current methods of recognizing investment gains and losses; (ii) amortize recent benefit
improvements over a 30 year period; (iii) phase in large increases in contribution rates;
(iv) cap 2003 contribution rates at previously estimated levels; (v) notify employers of
actual contribution rates one year prior to billing; and (vi) provide employers with
multiyear projections of contribution rates; and
WHEREAS, the Comptroller must provide a report on the above determinations
to the Governor and the Legislature by June 1, 2003,
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
hereby endorses and supports Governor Pataki's budget bill for pension relief from the
State Comptroller that would provide essential financial relief to State and local taxpayers
and would avoid more than $1.8 billion in higher pension costs that are currently
threatening state and local budgets.
There were no comments on this resolution.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
8. CONSIDERING THE APPOINTMENT OF HEAVY MOTOR EQUIPMENT
OPERATOR(HMEO)
Mr. Bradbury read the resolution. On a motion made by Trustee Degling and
seconded by Trustee Santon the following resolution was adopted:
RESOLUTION
CONSIDERING THE APPOINTMENT OF
HEAVY MOTOR EQUIPMENT OPERATOR (HMEO)
RESOLVED, that Peter Sileo, of 98 North Ridge Street, Rye Brook, New York,
is hereby appointed to the position of Heavy Motor Equipment Operator (HMEO) 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 for the position is $55,942 with
an effective start date of April 1, 2003, and a probationary period of 26 (twenty-six)
weeks.
Board of Trustee Meeting
March 11,2003
Page 16 of 20
Trustee Santon questioned other open positions. Mr. Bradbury responded that the open
labor positions would be filled in the near future.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
9. APPROVAL OF MEETING MINUTES:
January 2, 2003 Special Meeting
The summary was discussed, with several Trustees requesting changes. As a result,
the approval of the January 2, 2003 Special Meeting minutes were adjourned to the
next Board of Trustees meeting.
Mayor Filipowski moved to the discussion portion of the agenda:
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE
BOARD
1. REVIEW OF PROPOSED "SIX-YEAR CAPITAL IMPROVEMENT PLAN
FOR 2003-04 THROUGH 2008-09."
Trustee Santon requested the opportunity to discussion this matter and to have the
public notified of these discussions. He stated that neither he nor Trustee Harris were
able to attend the initial meeting, which was not telecast. He felt that all budget
meetings and workshops should be televised. Residents should also be made aware
that they can come to these meetings.
Mr. Bradbury stated that this matter was on the agenda for the next meeting. He also
pointed out that although the meeting was not televised, this matter is on the Village's
website for any residents that would like to educate themselves.
Board of Trustee Meeting
March 11,2003
Page 17 of 20
2. STATUS OF VARIOUS PROJECTS INVOLVING VILLAGE-OWNED
PROPERTIES
Trustee Santon requested that this matter be placed on the agenda for discussion. He
asked if the Village Administrator could be prepared to give an update at the next
Board of Trustees' meeting. There are a variety of projects involving municipal land
and recreational land that he would like to be updated on. He also asked that the
recreation projects also be updated. The update would be prepared for the April
meeting.
3. UPDATE ON VARIOUS RYE BROOK ADVISORY COMMITTEE
MATTERS
Trustee Santon asked that members of the Board be appointed as liaisons to sit in on
various committees, especially the replacements for Trustee Brackman's committees.
He felt that many of the committees are working on matters that the Board should
hear first hand about. He also suggested having a committee member attend the
Village Board meetings in order to provide this information.
Trustee Santon noted that the many of the commissions had appointments that were
expiring. He suggested that interested residents contact Mr. Bradbury's office if they
are interested in serving on any of the committees. Mayor Filipowski noted that the
Traffic Commission is in need of two members. He noted that the Board would be
announcing appointments to various committees in April.
ANTICIPATED TOPICS FOR MARCH 25, 2003 MEETING, PROVIDING THEY ARE
READY FOR ACTION:
Mr. Bradbury reviewed the anticipated topics for the upcoming Board of Trustees meeting:
• Public hearing and resolution to extend the interim development law (moratorium).
• Public hearing and resolution considering Sammartino/Pirro lot merger/subdivision.
• Public hearing and resolution considering Carlson subdivision/wetlands application.
• Resolution setting date for public hearing on 2003-2004 Tentative Budget (April 8).
• Resolution authorizing advance of general funds for the firehouse project until bond is
issued.
• Discussion on future use of Village property on Lincoln Avenue (pending reports from
committees due February 28, 2003).
• Hiring of Laborer(s).
• Referral of Zoning Code amendments re: Moratorium.
• Approval of Minutes (as they are available).
• Administrator Update.
Board of Trustee Meeting
March 11,2003
Page 18 of 20
He noted that there were other items that were not yet ready to be placed on the agenda.
They include the following:
• Garden Inn FEIS
• K&M Application DEIS
• AT&T at 900 King Street
• Parking recommendations being discussed by the Traffic Commission
• Planning Board review of steep slopes, impervious surfaces, and lot area coverage
ordinances
Trustee Santon noted that there has been no activity on the Hoffinan subdivision. He asked for
an update on this matter. Mr. Beane stated that there has been no activity. The property has
been sold. The Village has incurred fees related to the hiring of consultants. He asked for the
Board's direction and noted that the former owner could be sued for the consultant's fees. Mr.
Bradbury noted that the Village is pursuing the prior owner. Mr. Beane was asked to review this
matter. Trustee Santon asked that the Lien Law be pursued.
DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC
Mr. Ken Heller addressed the Board in regard to the revaluation. He noted that Mr. Morabito
referred to Pelham's revaluation. He pointed out that Pelham is now paying twice the taxes as
everyone else. He felt that there should not be a rush into this revaluation, especially considering
the fact that no one knows what the effect will be on the Veterans and senior citizens of our
community. It is a fact that the properties that are run down will have their assessed values
lowered. It is also a fact that the people who have maintained their properties will be punished
by having their taxes raised. He asked that the Village Board give careful consideration before
proceeding.
Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He noted that the catch basins in the
Hillcrest area need to be cleaned. During a recent rainstorm the rain, and the melted snow, had
no place to go because the catch basins were not clear. He asked that the Highway Department
address this matter.
Mayor Filipowski stated that the next Board of Trustees meetings were scheduled for March 25,
2003 & April 8, 2003. He also reminded everyone that Village elections were scheduled for
March 18, 2003.
Board of Trustee Meeting
March 11,2003
Page 19 of 20
Mayor Filipowski asked for a motion for an executive session. On a motion made by Trustee
Santon, and seconded by Trustee Degling, the executive session was scheduled.
TRUSTEE DEGLING VOTING AYE
TRUSTEE GOODMAN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR FILIPOWSKI VOTING AYE
There being no further business before the Board, the meeting was adjourned at 10:50 p.m.
Respectfully Submitted,
Christopher J. Bradbury
Village Administrator/Clerk
Board of Trustee Meeting
March 11,2003
Page 20 of 20