The URL can be used to link to this page

Home My WebLink About2005-06-07 - Board of Trustees Special Meeting Minutes SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK,NY 10573 TUESDAY,JUNE 7,2005-7:00 P.M BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury,Village Administrator Nicholas Ward-Willis,Village Counsel Victor Carosi, Village Engineer WESTCHESTER COUNTY CONSULTANT: Sven Hoeger, Creative Habitat Corp. 1) Rich Manor Park Stream Bank Restoration and Stream Buffer Improvement Project. Mayor Rand and Village Administrator Bradbury outlined the proposed Rich Manor Park stream bank restoration and stream buffer improvement project. A presentation of this project held at the AJP Center was also given at a meeting with area residents on May 23, 2005. The project will be federally funded through a $100,000 grant and will be coordinated by the Westchester County Department of Planning ("WCDP"). It is the goal of the WCDP and the Village of Rye Brook to improve the water quality of the brook and to make habitat improvements along the eastern branch of Blind Brook in Rich Manor Park. The project also involves restoration of the stream bank and stream bank buffer along the brook by removing invasive species of plants and by replanting the area with native grasses, shrubs and trees. Several residents on Rock Ridge Drive, adjacent to Rich Manor Park, requested the May 23rd meeting and this Special Meeting with the Village Board, and asked the Board to permit them to maintain part of the turf grass (i.e. lawn area) on Village property behind their homes. As background, the Mayor and the Village Administrator provided some history on this project. To that effect, they noted that previously, the Village had commissioned surveys of Village property in an effort to determine resident property lines and to what extent residents encroach Village-owned property. It had also been a Village plan that the Village would construct a split- Board of Trustees Meeting June 7,2005 Page 1 rail fence to delineate the property lines. The Village withheld construction of the fence and asked residents to remove all physical items (fences, sheds,jungle gyms, etc.) that residents had placed on Village land. In most cases, the residents have complied and the Village has allowed these residents to maintain part of the turf grass with the understanding that no encumbrances would be placed on the land and that the Village might wish to use its land at some future date. In a few cases where residents have failed to adhere to the Village's request to remove all physical items the Village has been taking action to have those cases adjudicated. The Administrator then gave an overview of this proposed project and the timetable for implementation. The Village has discussed this project with Westchester County and the project consultants, and is willing to consider allowing residents to maintain 10-15 feet of Village property where turf grass presently exists. The Mayor then said that in a conversation with the County, it was agreed that if the Village allowed residents to maintain 15 feet of the Village's property, this would leave adequate room for a buffer area for this project and it was hopeful that the residents would be happy with this arrangement. As a pre-condition for the right of residents to use and provide turf maintenance to the 15 feet of Village property, the affected residents would have to agree to sign a legal document prepared by the Village. The purpose of this legal document, which will be recorded with the County, is to provide notice to future owners of the residents' properties and make them aware of the property lines and their restricted use of Village property. The Village has also proposed to place small boulders to delineate the edge of the vegetated buffer area, with markers on these boulders indicating the distance to the adjacent property line. It was expressed that these small boulders with markers would be less intrusive than other options, such as a split-rail fence, for the neighboring residents. Adjacent property owners who would like to maintain and have access to the additional turf grass on Village property would need to sign a border agreement or other legal document in a form acceptable to the Village attorney. Access to the Village project must also be provided through at least one of the affected properties. Nicholas Ward-Willis, Village counsel, explained the legal parameters of establishing this access and border agreements, and stated that in the absence of those agreements, the Village of Rye Brook has the right to go to up to its property line, at its discretion. Jennifer Frank-Goldsmith of 54 Rock Ridge Drive and Jeffrey Rennecker of 66 Rock Ridge Drive, expressed support to improve the brook, but also stated various concerns including desiring more use of the lawn turf areas, and questioned the size of the boulders to be placed at the edge of the buffer area. Sven Hoeger of Creative Habitat Corp, Westchester County's design consultant for this project, explained that a larger stream buffer area would help improve the quality of the storm water and ecological environment, while a smaller buffer would have less effect. While it would be optimal if there were a 100-foot buffer to work within, it is not possible in this area and they can work within the proposed work area in Rich Manor Park. He further stated that the boulders would be of a size that they could not be easily moved, and would be placed at the edge of the Board of Trustees Meeting June 7,2005 Page 2 buffer area to delineate the start of the buffer. Westchester County would prefer a clearly delineated border to the buffer area. On a motion made by Trustee Rosenberg and seconded by Trustee Brown the following resolution was considered for approval: RESOLUTION PROCEEDING WITH THE PROPOSED PLAN FOR THE RICH MANOR PARK STREAM BANK RESTORATION AND STREAM BUFFER IMPROVEMENT PROJECT BE IT RESOLVED, that the Village hereby accepts the Rich Manor Park plan described earlier in the meeting, which will improve the water quality, stabilize the stream bank, and improve the stream back buffer; and permit property owners adjacent to the project to continue to use and maintain existing turf grass behind their properties on Village-owned property to a distance of up to 15 feet, provided that property line distance markers are placed by the Village on the small boulders at the edge of the buffer area, and provided that access to the Village project site is granted and property owners sign boundary agreements or other legal documents acceptable to the Village Attorney. The residents left the room to discuss this Village project, and the Village Board agreed not to call for a vote on this matter until they returned. 2) 2003/2004 Budget Modifications: With unanimous consent of the Village Board, the following resolution was added to the agenda and considered, and with a motion made by Trustee Rosenberg and seconded by Trustee Brown the following resolution was adopted: RESOLUTION 2003/2004 BUDGET MODIFICATIONS RESOLVED, that the following 2003/2004 budget modifications be hereby approved: FROM TO AMOUNT 101.1620.210 101.1010.469 $ 556.46 (Village Offices - Board of Trustees— Office Equipment) Misc.) Board of Trustees Meeting June 7,2005 Page 3 101.1620.411 101.1010.469 $ .46 (Village Offices - (Board of Trustees— Maint. Supplies) Misc.) 101.1910.422 101.1230.110 $ 7.62 (Unallocated Insurance) (Administrator— Village Administrator) 101.1910.422 101.1230.120 $ 1,341.75 (Unallocated Insurance) (Administrator— Assistant to the Administrator) 101.1910.422 101.1230.199 $ 1,885.89 (Unallocated Insurance) (Administrator— Temps/Longevity/Vacation) 101.1910.422 101.1230.454 $ 221.16 (Unallocated Insurance) (Administrator— Travel/Conference) 101.1680.200 101.1325.499 $ 7,157.91 (MIS—Equipment) (Treasurer's Office— Contractual) 101.1680.411 101.1325.499 $ 613.98 (MIS—Computer Supplies) (Treasurer's Office— Contractual) 101.1680.498 101.1325.499 $ 2,673.13 (MIS - (Treasurer's Office— Education/Training) Contractual) 101.1930.439 101.1410.462 $ 393.97 (Judgments & Claims) (Village Clerk— Legal Advertising) 101.1930.439 101.1410.469 $ 1,328.39 (Judgments & Claims) (Village Clerk—Misc) 101.1930.439 101.1410.486 $ 2,326.60 (Judgments & Claims) (Village Clerk— Village Election) 101.1930.439 101.1410.499 $ 5,014.14 Board of Trustees Meeting June 7,2005 Page 4 (Judgments & Claims) (Village Clerk— Contractual) 101.1930.439 101.1420.458 $62,383.15 (Judgments & Claims) (Village Attorney— Supplemental Services) 101.1930.439 101.1420.469 $ 642.00 (Judgments & Claims) (Village Attorney— Misc.) 101.1620.411 101.1640.415 $ 674.00 (Village Offices - (Central Garage— Maint. Supplies) Fuel& Oil) 101.1620.431 101.1640.415 $ 4,564.65 (Village Offices - (Central Garage— Utilities) Fuel& Oil) 101.1620.432 101.1640.415 $ 755.15 (Village Offices - (Central Garage— Quality Task Force) Fuel & Oil) 101.1620.452 101.1640.415 $ 2,000.00 (Village Offices - (Central Garage— Contractual) Fuel& Oil) 101.1950.407 101.1640.415 $ 3,000.00 (Tax on Property) (Central Garage— Fuel & Oil) 101.1990.424 101.1640.415 $ 4,514.00 (Contingency) (Central Garage— Fuel & Oil) 101.1995.426 101.1640.415 $ 640.66 (Bonding Expenses) (Central Garage— Fuel & Oil) 101.1995.426 101.1640.445 $ 1,870.47 (Bonding Expenses) (Central Garage— Repair Parts) 101.1995.426 101.1640.450 $ 235.39 Board of Trustees Meeting June 7,2005 Page 5 (Bonding Expenses) (Central Garage— Garage Repair/Maint.) 101.6772.150 101.3120.189 $ 263.00 (Human Services - (Police Dept.— Driver PT) Overtime) 101.6772.160 101.3120.189 $ 536.65 (Human Services - (Police Dept.— Program Leaders) Overtime) 101.6772.200 101.3120.189 $ 1,116.14 (Human Services - (Police Dept.— Equipment) Overtime) 101.6772.411 101.3120.189 $ 1,153.93 (Human Services - (Police Dept.— Supplies) Overtime) 101.6772.450 101.3120.189 $ 1,366.74 (Human Services - Police Dept. — AN Utilities) Overtime) 101.6772.454 101.3120.189 $ 1,026.58 (Human Services - (Police Dept.— Travel/Conference/Dues) Overtime) 101.6772.469 101.3120.189 $ 132.76 (Human Services - (Police Dept.— Misc.) Overtime) 101.6772.478 101.3120.189 $ 1,084.86 (Human Services - (Police Dept.— Special Events) Overtime) 101.6772.499 101.3120.189 $ 365.51 (Human Services - (Police Dept.— Contractual) Overtime) 101.5182.402 101.3120.189 $12,810.30 (Street Lighting) (Police Dept.— Overtime) 101.5182.402 101.3120.195 $ 7,749.25 Board of Trustees Meeting June 7,2005 Page 6 (Street Lighting) (Police Dept.— Police School/Training) 101.5182.402 101.3120.469 $ .30 (Street Lighting) (Police Dept. —Misc.) 101.5182.402 101.3410.160 $ 8,577.04 (Street Lighting) (Fire Protection— Firefighters) 101.5182.402 101.3410.190 $ 3,193.35 (Street Lighting) (Fire Protection—Holiday) 101.5182.402 101.3410.426 $ 997.60 (Street Lighting) (Fire Protection— Protective Equipment) 101.5182.402 101.3410.450 $ 1,342.80 (Street Lighting) (Fire Protection—Utilities) 101.5182.402 101.3410.469 $ 455.66 (Street Lighting) (Fire Protection— Supplies) 101.5182.402 101.5110.411 $ 120.38 (Street Lighting) (Highway Main. — Highway Supplies) 101.5182.402 101.5110.412 $ 1,243.63 (Street Lighting) (Highway Maint.— Street Maintenance) 101.5182.402 101.5110.413 $ 138.31 (Street Lighting) (Highway Maint. — Road Signs) 101.5182.402 101.5110.425 $ 1,871.30 (Street Lighting) (Highway Maint.— Uniform Allowance) 101.5182.402 101.5110.438 $ 91.00 (Street Lighting) (Highway Maint.— Equipment Rental) 101.5182.402 101.5142.199 $ 6,411.49 Board of Trustees Meeting June 7,2005 Page 7 (Street Lighting) (Snow Removal— Overtime/Temp Help) 101.5182.402 101.5142.417 $ 7,609.05 (Street Lighting) (Snow Removal— Sand/Salt/Cal. Chl.) 101.5182.402 101.1670.495 $ 6,136.48 (Street Lighting) (Central Print/Mail) 101.5182.402 101.4540.460 $ 907.52 (Street Lighting) (Ambulance Service— Volunteer Ambulance) 101.3620.120 101.9030.427 $ 13,966.78 (Safety Inspection - (Employee Benefits— Building Inspector) Social Security) 101.3620.200 101.9030.427 $ 4,095.65 (Safety Inspection - (Employee Benefits— Equipment) Social Security) 101.8120.403 101.9040.800 $72,755.43 (Sewer District) (Employee Benefits— Workers Comp) 101.9950.900 101.9060.817 $225,472.50 (Interfund Transfer) (Employee Benefits— Health Insurance) Trustee Brown Voting Aye Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Mayor Rand Voting Aye Continuation of the Rich Manor Park Stream bank Restoration and Stream Buffer Improvement Project: The Village Board resumed the topic of the proposed Rich Manor Park improvement project. Board of Trustees Meeting June 7,2005 Page 8 Joseph Scopoletti of 64 Rock Ridge Drive asked about dredging and questioned past and future maintenance of the brook. Victor Carosi, Village Engineer, said that he did not believe that dredging would significantly help the brook because water will reach its natural height. He also said that with the properties delineated and access provided to the site, maintenance should be improved. Mr. Scopoletti also suggested that the Village address other areas upstream and downstream on the brook. Lina Accurso of 52 Rock Ridge Drive asked whether a safety study has been performed, particularly regarding the impact of wildlife in the area. Domenic Accurso of 50 Rock Ridge Drive expressed support for addressing problems along the brook. He also requested that the priorities be shifted so that flood control projects are done first prior to this water quality improvement project. Jeffrey Rennecker of 66 Rock Ridge Drive requested additional use of the turf grass on Village property beyond the 15 feet discussed at this meeting. Mayor Rand said that was unlikely. The Mayor stated that potential upstream flood control projects, an issue that was also discussed at the aforementioned AN Center meeting, will be addressed in the future but, at present, the Village wants to move forward on this important project at this time and does not wish to risk the loss of funding for the project, and called for a vote on the resolution that was previously moved and seconded. Trustee Brown Voting Aye Trustee Buzin Voting Aye Trustee Feinstein Voting Aye Trustee Rosenberg Voting Aye Mayor Rand Voting Aye There being no further business before the Board, the meeting was adjourned. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting June 7,2005 Page 9