Loading...
HomeMy WebLinkAbout1999-04-13 - Board of Trustees Meeting Minutes AGENDA VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL,938 KING STREET TUESDAY,APRIL 13, 1999 -- 7:30 P.M. PLEDGE OF ALLEGIANCE PUBLIC HEARING: ACTION: 1. HEARING ON PROPOSED 1999-2000 VILLAGE BUDGET. RESOLUTIONS: 2. ANNUAL ORGANIZATIONAL RESOLUTIONS. 3. CONSIDERING RATIFYING THE RE-APPOINTMENT OF SUSAN BROWN TO THE EMERGENCY MEDICAL SERVICES COMMITTEE. 4. CONSIDERING REFERRING THE APPLICATION FOR AN AMENDED SITE PLAN AND SPECIAL PERMIT BY THE KING STREET NURSING HOME TO THE PLANNING BD. NEXT TRUSTEES MEETINGS APRIL 27, 1999 MAY 11, 1999 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact.the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING AT (914) 939-1121. MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK TUESDAY,APRIL 13, 1999—7:30 P.M. CONVENE MEETING The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room and the Pledge of Allegiance followed. The following members of the Board of Trustees were present: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Gary J. Zuckerman Village Staff attending the meeting were: Village Administrator, Christopher J. Russo Village Attorney, Kenneth E. Powell Victor Carosi, Village Engineer Assistant to the Administrator,Richard C. Slingerland Police Chief Robert Santoro Diane DiSanto, Village Treasurer Catherine M. Spinosa, Deputy Village Treasurer Mayor Filipowski welcomed new Board members Jody Brackman and Roger Herman, and announced that Donald E. Degling is the new Deputy Mayor. PUBLIC HEARING: 1. HEARING ON PROPOSED 1999-2000 VILLAGE BUDGET. Village Administrator Christopher J. Russo made his presentation on the Proposed 1999-2000 Village Budget. Mr. Russo noted that the Village began preparing for the 1999-2000 proposed budget before January. He discussed long-term capital needs of the departments,which would be handled under a separate process. He explained that department heads submit proposals and the budget is deliberated over until the date set by law. This year,that date is March 20'. The Budget Officer must submit a tentative budget to the Village Clerk to be filed by then. The next step is holding a series of budget work sessions, and tonight is the formal hearing. By law, the budget needs to be adopted on or before May I". If the Board cannot come to an agreernt on a budget document, and does not vote on it, then the tentative budget becomes law and is adopted automatically for the next fiscal year. Mr. Russo discussed the"100"accounts for personnel,which are on a delayed schedule because the Board determines personnel salary issues in June. All the increases in the 100 accounts are the increases from last year;they are not proposed increases for this year's budget. He continued his discussion on"200" accounts for equipment and "400" accounts for miscellaneous items, which provide for other operating expenses of various departments. Mr. Russo presented a general overview of the factors and some of the environmental issues which April 13, 1999 affect the budget process in Rye Brook. Mr.Russo displayed a series of slides. The first covered the Decline of State Revenue Shared with Localities. Under New York State Law,the State is required to share 8% of their total revenues with localities, but State Revenue Sharing has declined since around 1980 and currently municipalities receive about 2%. Rye Brook's revenue sharing dropped from a high of approximately $150,000 to the current $35,000. Governor Pataki had established a deadline of December 31, 1998, for a Commission to present recommendations on how to resolve these issues, but that deadline had passed without any resolution. Now he has to consider whether or not to extend the deadline for the Commission. The second slide covered Reductions in Assessed Value over the past 11 years. He noted that it had one of the single greatest effects on our budget for the better part of the past dozen years, amounting to actual revenue lost of$1,752,731. Rye Brook has weathered this loss and maintained a fairly low tax burden in comparison to the rest of Westchester County. The slide on Assessed Value explained a reduction from$66 million in 1987 to the current roughly $49 '/2 million of assessed value, one of the highest percentage losses in proportion to the rest of the State of New York, Mr. Russo continued to review Budget Appropriations including Capital Budget, a Budget Summary breakdown of the budget, expenditures by services and operations, legal expenses and claims. He also discussed the Total Amount of Village Attorney Fees Billed to Developers under the Professional Fees law, the bills to the Environmental Impact Fund for planning and engineering, and Recreation Trust and Agency Expenditures. He noted that the Village is proposing to resurface three tennis courts at Pine Ridge Park, install toddler swings at Garibaldi Park,and install a pathway at Harkness Park for handicapped accessibility. He reviewed Fire Service costs,including the last Rural Metro contract amount for$839,401,and the current operating budget for our firefighters at $872,814. He noted that if the Village was still under contract with Rural Metro the expenditure for this FY would be $889,765. Mr. Russo continued to review the Village's Interest Earnings over the past 14 Years; Tax Increases over the past seven years;Tax Dollar allocations between the County, Village and Schools; and the Tax Burden Comparison to other Villages in Westchester County.He noted that Rye Brook is third from the bottom for this year on the basis of tax rate per assessed valuation. Mr. Russo proceeded to review the actual budget document, pointing out some of the most significant highlights. Diane DiSanto, Village Treasurer, assisted Mr. Russo with this portion of the presentation. Mr. Russo noted the Village's significant fiord balance and explained that for 12 years Rye Brook had been able to appropriate a significant amount of surplus to balance the budget. Last year's financial statement showed a number in the range of$700,000 of unappropriated fund balance. The Village budgeted back$300,000 of that money. He explained that the Village's surplus, or emergency fund, has been as high as about $1.2 million and last year as low as approximately$400,000. Mr. Powell asked Mr. Russo to review the Personal Services section of the budget under the Board of Trustees. Mr. Russo stated that the Board of Trustees are all unpaid volunteers and this is reflected on the budget by zero dollar amounts. Mr. Russo briefly recapped several of the accounts throughout the budget such as consultant fees, snow removal, recreation and certiorari tax pay backs (Mr. Russo pointed out the annual payback for the Rye Town Hilton will last for about five to six years). Mr. Russo noted that the budget for the Central Garage has one significant new item in it under equipment, with the addition of a tire changing and balancing machine. The machine would pay for itself within a few 2 April 13, 1999 years from the savings for having to send tires out to have them balanced, including manpower for transporting the tires. He explained that the fire protection budget is new,with the minor proposal for a utility vehicle. This utility vehicle can extend the life of our front line fire apparatus and serve the practical purpose of providing for immediate emergency medical services response. The Building Department budget contains an amount for a full-time assistant/code enforcement officer, a position which is overdue. The Human Services account includes the operation of the Senior Citizen Program and the Anthony I Posillipo Community Center,including a non-subsidized nutrition program at the Posillipo Center. There is also a pilot Teen Program planned to be located at the Posillipo Center. Mr.Russo explained that Rye Brook contributes towards the library and the$14,000 figure is the second year of a five year agreement to share costs 70%/30%with Port Chester for a new heating system at the library. Mayor Filipowski thanked Mr.Russo for all of his work and effort in putting together the budget,and opened the floor to questions from the Trustees. Trustee Zuckerman asked for information regarding the amount set for fire protection with the Village of Port Chester, and asked if the Village of Port Chester would be using any ofRye Brook's contribution to upgrade fire protection?Mr.Russo had not had the opportunity to review this yet. Trustee Zuckerman urged that action be taken to upgrade the fire department and increase the number of paid/career firefighters. He also stated that it was necessary to include a proposed fire house in the review. He commented on the amount of money allocated for the Youth Bureau, commenting that the expenditure of$8,000 funds an executive position and that no program accompanies it. He also asked that the nutrition matter be looked at closely. Trustee Herman agreed that the expenditures for the nutrition program should be examined. Trustee Brackman expressed a concern regarding the condition of the roads in Rye Brook and felt that this should be considered in the budget. Bobbie Keeshan of 15 Maple Court asked if the Village was considering purchasing a wood chipper to assist in the removal of dead tree limbs throughout the Village. Mr. Russo noted that the Village already has a new wood chipper, as well as one currently being rented. The Public Works Department has been working six days a week to clean up the Village and remove debris.Due to recent storms,there was an incredible amount of trees and limbs down throughout the community. The clean-up has been ongoing for the Highway and Parks Departments. Trustee Zuckerman asked if the Village could hire an outside contractor; Mr. Russo stated this was why the Village had rented the extra chipper. Frank DiCresenzo of Wilton Road addressed the Board.He stated that a tree from the park fell and crushed his shed and smashed a maple tree on his property. The total cost of repairs was $2005. He had requested reimbursement,and noted that the Village's insurance company had decided that the Village is not liable and they do not want to reimburse him. Mr. Russo stated that he was currently looking into this matter. Mr. DiCresenzo also asked about plantings that would be added to the park, and Mr. Russo noted that there is a plan to plant trees during this year's planting season. Mayor Filipowski asked for further comments on the$9 million budget. Chief Santoro noted that he needed to contact the Board on a few items before they adopted the budget. There being no further comments, on 3 April 13, 1999 the motion of Trustee Zuckerman, seconded by Trustee Degling,the Board voted unanimously to close the hearing on the 1999-2000 Village Budget. RESOLUTIONS- 2. ANNUAL ORGANIZATIONAL RESOLUTIONS: Trustee Brackman asked for information regarding the Friends of Rye Brook. Village Attorney Kenneth Powell replied that the Friends of Rye Brook is a not-for-profit 501(c)3 corporation that the Village created approximately three years ago. Corporations only donate to 501(c)3 corporations and entities, i.e. in connection with Rye Brook's Birthday Celebration, because under the IRS Code, a business can deduct a contribution to an organization with a 501(c)3 designation. There was no further comment,and the Board considered all of the organizational resolutions with one vote, including an amendment to appoint Diane DiSanto as Village Treasurer. On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION 1999 DECLARATION OF ELECTION OF BOARD OF TRUSTEES RESOLVED,that Jody Brackman of 76 Tamarack 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 Roger Herman of 25 Lincoln Avenue 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 I"Monday of April 1999. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye (The next resolution appears on the following page.) 4 April 13, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: RESOLUTION APPOINTMENT OF THE VILLAGE ADMINISTRATOR RESOLVED,that Christopher J. Russo, of 14 Jennifer Lane is hereby appointed Village Administrator for the Village of Rye Brook for the next ensuing official year. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye ,On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPOINTMENT OF VILLAGE ATTORNEY RESOLVED, that Kenneth E. Powell of the law firm of Ponzini, Spencer & Geis is hereby appointed as Village Attorney for the Village of Rye Brook for the next ensuing official year subject to the terms of the retainer agreement dated April 29, 1996. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION RETAINING VILLAGE LABOR COUNSEL RESOLVED,that the law firm Rains&Pogrebin,P.C. (Craig R. Benson,Esq.)is hereby retained as Labor Counsel for the Village of Rye Brook for the next ensuing official year subject to the terms of the retainer letter dated March 17, 1997. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 5 April 13, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: RESOLUTION RETAINING VILLAGE TAX CERTIORARI COUNSEL RESOLVED,that the law firm 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 official year subject to the terms of the retainer agreement dated April 26, 1994. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION RETADflNG VILLAGE RISK MANAGER RESOLVED,that Risk Management Services,Inc. (Allan 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. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION RETAINING ENGINEERING CONSULTANT RESOLVED,that Dolph Rotfeld Engineering,P.C. (Dolph Rotfeld,P.E.)is hereby retained as Engineering Consultant for the Village of Rye Brook for the next ensuing official year subject to the terms of the Engineering Consultant Agreement dated May 19, 1995. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 6 April 13, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION RETAINING VILLAGE PLANNING CONSULTANT RESOLVED, that Frederick P. Clark Associates, Inc., (Christian K. Miller, AICP) 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 April 5, 1999. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPOINTMENT OF VILLAGE ASSESSOR RESOLVED,that William Wendlandt, Assessor for the Town of Rye, is hereby appointed as the Assessor for the Village of Rye Brook for the next ensuing official year. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: RESOLUTION APPOINTMENT OF RECEIVER OF TAXES RESOLVED,that Hope Vespia,Receiver of Taxes for the Town of Rye,is hereby appointed as the Receiver of Taxes for the Village of Rye Brook, effective immediately. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 7 April 13, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: 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. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION APPOINTMENT OF VILLAGE CLERK RESOLVED,that Christopher J.Russo of 14 Jennifer Lane is hereby appointed Village Clerk for the Village of Rye Brook for a two-year term. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: 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 (2) year-term. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 8 April 13, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION DESIGNATION OF DEPUTY VILLAGE TREASURER RESOLVED, that Catherine M. Spinosa of 28 Division Street is hereby appointed as Deputy Village Treasurer for the Village of Rye Brook for the next ensuing official year. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION DESIGNATION OF BOARD OF TRUSTEES MEETING NIGHT RESOLVED,that the second(2')and fourth(0)Tuesday of each and every month are hereby designated as the Meeting night of the Village of Rye Brook Board of Trustees; and be it FURTHER RESOLVED, that said meetings are to commence at 7:30 p.m. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: RESOLUTION DESIGNATION OF SIGNATORIES RESOLVED,the Mayor,the Village Administrator and the Village Treasurer are hereby authorized to sign checks on behalf of the Village of Rye Brook for the next ensuing official year; and be it FURTHER RESOLVED, that the Treasurer and Deputy Treasurer are authorized to sign Bonds, Bond Anticipation Notes (BANS) 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 Direct 24 and Bank of New York Prism Investment 9 April 13, 1999 Program, 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. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: RESOLUTION DESIGNATION OF DEPOSITORIES RESOLVED, that the Bank of New York, Chase Manhattan, First Union National Bank, Hudson Valley Bank and Fleet Bank are hereby designated as depositories for the Village of Rye Brook. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Degling, the following resolution was adopted: RESOLUTION DESIGNATION OF OFFICIAL NEWSPAPERS RESOLVED, that the Journal News, or the Westmore News or the Sound Shore Review are hereby designated as the official Newspapers of the Village of Rye Brook for the next ensuing official year. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 10 April 1.3, 1999 On the motion of Trustee Zuckerman, seconded by Trustee Degling,the following resolution was adopted: RESOLUTION 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. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye On the motion of Trustee Zuckerman, seconded by Trustee Herman,the following resolution was adopted: RESOLUTION RE-ADOPTION OF RULES OF PROCEDURE OF BOARD OF TRUSTEES RESOLVED, that the attached rules of procedure of the Board of Trustees as adopted for the previous Village official year are hereby re-adopted and promulgated, for the Village official year, commencing the first Monday of April, 1999. VILLAGE OF RYE BROOK BOARD OF TRUSTEES RULES OF PROCEDURE 1. MEETINGS OF THE BOARD OF TRUSTEES. Meetings of the Board of Trustees of the Village of Rye Brook (hereinafter referred to as Village Board) shall be on the second(2") and fourth (4') Tuesday of each month, except if such a Tuesday is a holiday,the meeting shall be held on the next day. Meetings shall be called to order at 7:30 p.m. 2. SPECIAL MEETINGS. Special Meetings may be called by the Mayor and shall be called by him at the request ofany two Trustees by their giving the Mayor written notice thereof,which written notice shall contain a statement of the purpose for which the special meeting shall be called, and shall also state the date, time and place for the holding of such meeting. 3. NOTICE OF SPECIAL MEETINGS. The Mayor shall cause written notice of a special meeting to be left at the residence or place of business of each member of the Village Board at least six hours before the time for which such special meeting is called. Such notice shall state the object for which such special meeting is called and shall also state the time and the place of the holding of such meeting. In lieu of the aforesaid method of service of notice of a special meeting, the Mayor may 11 April 13, 1999 cause written notice of such special meeting to be sent to each member of the Village Board by special delivery mail, directed to the residence or place of business of the member, at least twenty- four hours before the time for which the meeting is called. Notice requirements may be waived by the written acknowledgment of a Trustee that he had actual notice of the Special Meeting. 4. TRANSACTION OF BUSINESS AT SPECIAL MEETINGS. At special meetings the business to be transacted thereat shall be only that stated in the notice of such meeting, except that any other business may be transacted at such special meeting by the unanimous consent of all the members of the Village Board. 5. AGENDA: A clerk shall prepare an agenda for each meeting of the Village Board which shall list the matters to be considered by the Village Board at such meeting, and which shall include a reference to all communications and other matters in writing,which have been received by the Clerk,not later than noon of the sixth day preceding the date of the meeting. Said agenda shall list the matters to be considered by the Village Board insofar as is possible in the order set forth in rule 6 (hereof). The Clerk shall arrange for the delivery of a copy of the agenda to each member of the Village Board not later than the morning of the third day preceding the date of the meeting. At any time, after 9 a.m. of the second day preceding the date of each board meeting, the Village Clerk shall during regular office hours furnish to any person appearing personally at the office of the Village Clerk, a copy of the agenda and a copy of any communication or any other written document which accompanies or is part of any item appearing on the agenda. The person appearing and making such request shall pay to the Clerk the sum of 25� for each page or part thereof requested by said person. The Clerk shall not be required to reproduce any documents or pages which are not readily reproduced by the average copying machine. Items not listed on the agenda may be considered by the Village Board as new matters, however,no matter shall be acted upon at a meeting of the Village Board unless listed in the agenda except by unanimous consent of all members of the Village Board present at the meeting. Items may be added to the agenda by any board member delivering a written communication to the Clerk, not later than seventy two (72) hours prior to the meeting. 6. ORDER OF BUSINESS. The order of business at meetings of the Village Board shall be as follows: 1. Roll Call. Ia. Flag Salute. 2. Public Hearings concerning Local Laws. Introduction of the proposed law. Statement by mayor and report of committees. Discussion and action on proposed law. 3. Public Hearings concerning other matters. Introduction of proposed resolution or ordinance. Statement by Mayor and report of committees. Discussion and action on proposals. 4. Old Business. 12 April 13, 1999 5. New Business. 6. Action on non-agenda matters, subject to the unanimous consent of the Trustees present at the meeting. 7. SUSPENSION OF REGULAR ORDER OF BUSINESS. The regular order of business at a stated meeting may at any time be suspended by the affirmative vote of two-thirds of the members of the Village Board present at such meeting. 8. ORDER OF BUSINESS AT SPECIAL MEETINGS. The order of business at special meetings of the Village Board shall be as follows: I. Roll call. Ia. Salute to the Flag. 2. Consideration of business specified in the notice of the special meeting. 3. Consideration of other business, if unanimous consent given by all members of the Village Board. 9. EVERY MEMBER PRESENT TO VOTE. Every member of the Village Board present at any meeting thereof, when a vote is taken, shall vote for or against, unless excused from voting by the Village Board. In the event of a roll call vote, silence when a Trustee' s name is called shall be deemed an affirmative vote by the Trustee. Roll call vote shall be called in alphabetical order of the last name of the Trustee. The Mayor shall be the last one to cast a vote. 10. WITHDRAWAL OF MEMBER FROM MEETING. No member shall withdraw from a meeting of the Village Board without the permission of the Mayor. 11. ROBERT' SRULES OFORDERREVISEDFORDELIBERATIVEASSEMBLIES TOBEUSED. All questions of order or procedure of the Village Board not herein provided for shall be decided in accordance with Robert' s Rules of Order Revised for Deliberative Assemblies. 12. LOCAL LAWS. In introducing,presenting and transmitting local laws,the following procedure shall be followed: a) Every local law shall be introduced by a member or on the report of a committee b) If a local law purports to change or supersede any provision of an act of the legislature or to amend an existing local law, it shall show all the new matter underscored and all the matter to be eliminated in brackets and when such local law is printed or reprinted all new matter must appear in italics and all matter to be eliminated, in brackets. c) Every local law introduced shall be deposited with the Village Clerk and shall be read in its order of introduction when the order of business"Introduction of local laws" shall be reached. d) The Clerk shall cause every local law immediately upon its introduction to be copied (or printed) and placed on the desks of the members;he(she)shall number them consecutively as received. Such 13 April 13, 1999 number shall be retained as an introductory number. Each local law shall also have a print (or draft) number,and if the same is printed(or redrafted),the original print(or draft)number shall be retained and there shall be added its new print (or draft) number. 13. COMMENTS BY MEMBERS OF THE PUBLIC. The Mayor shall entertain comments as to the merits of any item on the agenda, from members of the public, such comments to be limited to statements not to exceed three minutes in length. Any statement not germane to the items on the agenda shall be out of order. The Mayor shall have the discretion to withhold recognition of members of the public until the agenda has been completed. Any member of the public may request additional speaking time by writing to the Clerk forty eight (48)hours in advance of the meeting. The granting of such additional time shall be subject to a voice vote of the Village Board. 14. COMMUNICATIONS. No communications to the Village Board shall be read at a meeting unless so directed by the Village Board, which direction may be made by voice vote. The Mayor shall entertain a single motion to file, spread and record separately on the minutes of the meeting, all communications presented to the Village Board. 15. RECORDING OF PROCEEDINGS OF MEETINGS. No person shall record the proceedings of the meetings of the Village Board, or any part thereof, by electronic or any other type of recorder, not with a "steno-type" or similar machine, nor by motion picture, television or any other type of camera or visual record, nor shall any person broadcast or transmit the proceedings, or any part thereof, by radio, television or any other means of broadcasting or transmission, without having previously made application, in writing, to the Village Board at least ten days in advance of the meeting for which permission is requested and without having received written permission therefore. This rule shall not be construed to prohibit the making of notes by any person or persons at such meetings, whether or not such notes shall constitute a complete transcript of the proceedings, nor shall this rule apply to the Village Clerk or to members of the Village Board. 16. EXECUTIVE SESSIONS. Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the general area or areas of the subject or subjects to be considered, the Village Board may conduct an executive session for the below enumerated purposes only, provided however, that no action by formal vote shall be taken to appropriate public monies: a) matters which will imperil the public safety if disclosed; b) any matter which may disclose the identity of a law enforcement agent or informer; c) information relating to current or fixture investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; d) discussions regarding proposed, pending or current litigation; e) collective negotiations pursuant to article fourteen of the civil service law; f) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; 14 April 13, 1999 g) the preparation, grading or administration of examinations; h) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, held by such public body, but only when publicity would substantially affect the value thereof, i) review or consideration of communications between the Village Board and its Attorney; j) deliberation or negotiations with respect to labor agreements or related matters; k) consideration of matters which would be likely to affect the reputation of any private person; 1) any other matter which Federal or State law permits to be discussed in executive session. Attendance at an executive session shall be permitted to any member ofthe public body and any other person authorized by the public body. Nothing herein contained shall be deemed to preclude the Village Board from meeting in executive session to consider any other matter which for reasons of the public interest requires such executive session. 17. The words he,him or his shall be deemed to refer to singular and plural and to persons of any gender. (Originally adopted January, 1983;revised April 14, 1998) Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 3. CONSIDERING RATIFYING THE REAPPOINTMENT OF SUSAN BROWN TO THE EMERGENCY MEDICAL SERVICES COMMITTEE. The Mayor asked Mr. Russo to read the next item on the agenda. Mr. Russo noted that there are three community representatives to the Port Chester/Rye/Rye Brook Emergency Medical Services Committee, which is an advisory committee for our Ambulance Corps. Susan Brown is a representative for the City of Rye and is being appointed to the Board. On the motion of Trustee Degling, seconded by Trustee Herman, the following resolution was adopted: RESOLUTION RATIFYING THE REAPPOINTMENT OF SUSAN BROWN TO THE EMERGENCY MEDICAL SERVICES COMMITTEE RESOLVED, that the reappointment of Susan Brown to the Emergency Medical Services Committee for a term of 3 years ending on June 30, 2002, under section 3A, the inter-municipal agreement for emergency medical services is hereby approved. 15 April 13, 1999 Trustee Brockman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye 4. CONSIDERING REFERRING THE APPLICATION FOR AN AMENDED SITE PLAN AND SPECIAL PERMIT BY THE KING STREET NURSING HOME TO THE PLANNING BOARD. On the motion of Trustee Zuckerman, seconded by Trustee Brackman, the following resolution was adopted: RESOLUTION REFERRING THE APPLICATION TO THE PLANNING BOARD FOR AN AMENDED SITE PLAN AND SPECIAL PERMIT KING STREET NURSING HOME,INC., BETTY WILNER RESOLVED,that the application of King Street Nursing Home Inc., and Betty Wilner, to amend the site plan and special pen-nit for the King Street Nursing Home to use the enclosed atrium as a lounge/dining area, is referred to the Planning Board for a report and recommendation; and it is further RESOLVED, that the applicant shall pay the sum of$1,000 into the professional fees/environmental review fund, and such additional sums as may be requested to defray the costs of review of the application. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Zuckerman Voting Aye Mayor Filipowski Voting Aye Upon completion of the agenda,Mayor Filipowski requested that the Board hold a special meeting on April 20, 1999, as a result of a proposal which came up at the facilities Committee Meeting. Bellefair had a 2400 square foot sales office that Spectrum/Skanska intended to remove from the site. The company had proposed donating the structure to the Village, and it needs to be removed between June 15" and July 4". Mayor Filipowski noted that the value of the house has been set at $200,000, with a cost of approximately $50,000 to relocate it and install a new foundation. Mayor Filipowski commented that the house could be used by the Village for a teen center. A question regarding the cost of maintaining this building was asked. Mayor Filipowski felt this needed to be looked at. Diane Gumpel requested the Village to have a Master Plan for Recreation in place before the Village considered accepting the gift of the building from Bellefair for a Recreation Center. The Board scheduled the meeting for 6:30 p.m. on April 20', with a budget workshop to be held first and 16 April 13, 1999 if time permits, an executive session after the budget discussion. Mr. Ken Heller commented that the building at Bellefair might be better used on the Recreation Land at Bellefair. He briefly commented that the Village did not require a new zip code and commented on possible reasons why the Village was experiencing difficulty with tree branch and limb removal. Bobbie Keeshan of 15 Maple Court approached to discuss a drainage problem on her property that has been ongoing for years. She noted that she and her neighbors, Mr. McDonald and Mr. Viscome, had come to the meeting to seek help from the Village. She explained that in heavy rains the water from the street drains down her driveway onto her property, and she commented that the curbs which were put in approximately four years ago made matters worse. She noted that the water coining down her driveway had removed all of the topsoil from her property. The Highway Department came in and created a "bump" in the driveway which created a kind of dam without a bottom. Mrs. Keeshan commented that the catch basin drain is completely filled and has not been cleaned in over four years, which causes storm water to bypass the drain directly into Mrs. Keeshan's driveway. Mr. Viscome of 14 Maple Court noted that this problem first began when Maple Court was being repaved, which resulted in Mr. Viscome's driveway being lower than the road. He had been calling for several years about the problem, and he suggested that another catch basin would alleviate the situation. Mr. A] McDonald of 13 Maple Court also expressed his concern regarding this problem. He felt that the drain is not capable of handling the water from heavy rain storms. Mayor Filipowski stated that this issue would be looked into. He asked Victor Carosi, Village Engineer, and Mr. Bill Gerety,Building Inspector, to look into this issue and report back to him. There was no further business, and the Board agreed to adjourn the meeting at 9:28 p.m. Respectfully submitted, Christopher J. Russo, Village Administrator/Clerk 17