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HomeMy WebLinkAbout2001-01-23 - Board of Trustees Meeting Minutes MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK, NEW YORK JANUARY 23, 2001 CONVENE MEETING The January 23, 20001 meeting of the Board of Trustees 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 Brackman Trustee Donald Degling Trustee Roger Herman Excused. Trustee Lawrence Rand The following Village staff were present: Christopher Bradbury, Village Administrator Ingrid Bent, Assistant to the Village Administrator Ken Powell, Village Attorney Victor Carosi, Village Engineer William Gerety, Building Inspector Robert Santoro, Police Chief Jon Kantor, Consultant Helen Glynn, Youth Bureau Director It was noted that the Board held an Executive Session prior to the commencement of the meeting to discuss Personnel Issues and Labor Negotiations. Mayor Filipowski took the agenda out of order and asked that the Resolutions be addressed first. He called for the first item under the Resolutions. RESOLUTIONS: 1. APPOINTING INSPECTORS OF ELECTION FOR THE 2001 VILLAGE ELECTION Mr. Christopher Bradbury, Village Administrator, read the following Resolution: 1 RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK- MARCH 20, 2001 RESOLVED, that pursuant to Section 15-116 of the Election law, there shall be two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 20, 2001 from 7:00 a.m. to 9:00 p.m.; and be it FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: District Inspector Address Location #20 Maria Varbaro, Chair 10 Paddock Road PCMS 420 Bette D. Harris 12 Rock Ridge Drive PCMS #21 Betty Greto, Chair 3 West Street PCMS #21 Marie D' Ambrosio 56 Avon Circle, Apt. D PCMS #22 Marie Capoci, Chair 20 '/2 Lincoln Avenue BBHS #22 Sonia Briganti 54 North Ridge Street BBHS 923 Irving Starr, Chair 9 Bowman Avenue RSS #23 Naomi Starr 9 Bowman Avenue RSS #26 Josephine Aulenti, Chair 127 Ridge Street PCHS #26 Mildred DiSanto 151 North Ridge Street PCHS #27 Clem Patafio, Chair 62 Valley Terrace RSS 427 Antoinette Patafio 62 Valley Terrace RSS #29 Judy Uhry, Chair 19 Rockridge Drive RSS #29 Mary Summa 50 North Ridge Street RSS 930 Agnes Kanning, Chair 16 Sheldon Street, Ardsley BBHS #30 Mindy Aronowitz 1636 Mamaroneck Ave., BBHS Mamaroneck #31 Marie Godano, Chair 16 Jennifer Lane RSS #31 Estelle Cohen 50 North Ridge Street RSS Alternate Inspectors Betty Sabourin 6 Lincoln Avenue Katherine Teevan 43 Avon Circle Gene Reich 11 Winthrop Drive Marion Aicher 17 Rock Ridge Drive Linda Fricke 108 Old Orchard Road Victor Lionte 2 Winthrop Drive 2 On a motion made by Trustee Jody Brackman, and seconded by Trustee Roger Herman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 2. APPOINTMENT OF GENERAL FOREMAN Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF GENERAL FOREMAN RESOLVED, that Ronald V. Romano, 65 Rossiter Avenue, Yonkers, New York, is hereby appointed to the position of General Foreman 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 $60,000 with a probationary period of six months and an effective start date of January 29, 2001. On a motion made by Trustee Donald Degling, and seconded by Trustee Herman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FIL POWSKI VOTING AYE 3. PROMOTION OF POLICE OFFICER Mr. Bradbury read the following Resolution: RESOLUTION PROMOTION OF POLICE OFFICER 3 RESOLVED, that Richard Carroll, 914 Warren Avenue, Thornwood, New York, is hereby promoted, subject to the New York State Civil Service rules, to the position of Police Sergeant with the Village of Rye Brook; and be it FURTHER RESOLVED, that the annual salary for the position is $ 72,715 with an effective start date of February 5, 2001 and a probationary period of six (6) months. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Police Chief Robert Santoro introduced Officer Carroll who was congratulated by the Mayor and Board of Trustees. Also introduced was Officer Robert Byrnes. 4. AUTHORIZATION TO HIRE ENGINEERING CONSULTANT FOR SITE PLAN APPLICATION TO CONSTRUCT WIRELESS TELECOMMUNICATIONS FACILITY AT 900 KING STREET Mr. Bradbury read the following Resolution: RESOLUTION RETAINING LAWLER, MATUSKY & SKELLY ENGINEERS LLP PROPOSED TELECOMMUNICATIONS FACILITY SPRINT SPECTRUM SPECIAL PERMIT APPLICATION WHEREAS, Sprint Spectrum L.P. d/b/a Sprint PCS has made a special permit and site plan application to the Board of Trustees to install an attached wireless telecommunications facility on an existing building at 900 King Street, Rye Brook,New York; and WHEREAS, the application was referred to the Planning Board, the Advisory Council on Environmental Conservation and the Telecommunications Commission for reports and recommendations; and WHEREAS, in a letter dated December 18, 2000, the Chairman of the Planning Board advised that the Planning Board will require technical assistance to complete its review of the application. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to retain the firm of Lawler Matusky and Skelly Engineers LLP, Environmental Science and 4 Engineering Consultants, to provide a review and report on the Sprint Spectrum attached telecommunications facility application; and it is further RESOLVED,that the cost of the review and report shall be borne by the applicant; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Degling, and seconded by Trustee Herman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Trustee Brackman asked about the process that was used to choose this firm. Mr. Bradbury noted that Lawler Matusky and Skelly Engineers LLP was recommended to the Village. This firm has worked on other similar projects with neighboring communities. Trustee Herman asked for information regarding costs involved. Mr. Bradbury responded that Lawler Matusky and Skelly Engineers' fees were reasonable when compared with other consultants. 5. 1999/2000 YEAR END BUDGET MODIFICATIONS Mr. Bradbury read the following Resolution: RESOLUTION 1999/2000 YEAR END BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1680.499 101.1325.469 $ 5,067.94 (MIS - Contractual) (Treasurer's Office—Misc.) 101.1680.499 101.1325.499 $ 4,067.37 (MIS — Contractual) (Treasurer's Office— Contractual) 101.1980.423 101.3510.499 $ 1.00 (Consulting Fees) Control of Dogs— Contractual) 101.1980.423 101.5110.469 $ 1,420.84 (Consulting Fees) (Highway Dept. —Misc.) 5 101.9730.100 101.9730.101 $ 17,664.78 (Principal—BAN) (Interest—BAN) 101.9730.100 101.9950.910 $115,495.00 (Principal—BAN) (Interfund BAN Financing) 101.9950.900 101.971.0.600 $ 4,000.00 (Interfund Transfer) (Serial Bond Principal) On a motion made by Trustee Brackman, and seconded by Trustee Degling, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 6. SETTING GRIEVANCE DAY Mr. Bradbury read the following Resolution: RESOLUTION SETTING GRIEVANCE DAY FEBRUARY 20, 2001 WHEREAS, the tentative assessment roll for the Village of Rye Brook will be completed by the Assessor of the Village of Rye Brook, County of Westchester, on February 1, 2001; and WHEREAS, said assessment roll may be seen and examined by any interested person until the third Tuesday in February (February 20, 2001) at the Assessor's Office, 10 Pearl Street, Port Chester, New York, 10573; and WHEREAS, persons having objections or grievances against the assessments must file with the Assessor of the Village of Rye Brook, an application for review no later than the third Tuesday in February, 2001. NOW, THEREFORE, BE IT THEREBY RESOLVED, that the Village of Rye Brook Board of Trustees sitting as the Board of Assessment Review will meet on said third Tuesday, February 20, 2001, at Village Hall, 938 King Street, Rye Brook, New York, 10573, between the hours of 6:00 p.m. and 10:00 p.m. to consider those applications that have been filed on or before that date. On a motion made by Trustee Brackman, and seconded by Trustee Degling, the 6 Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE 7. CONSIDERING THE APPROVAL Of, MINUTES: January 9, 2001 On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Minutes were accepted subject to minor corrections. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski returned to the agenda and called for the first item under Presentations. PRESENTATIONS: 2. REPORT ON PORT CHESTER/RYE BROOK YOUTH BUREAU Helen Glynn, Youth Bureau Director, was asked to give a report about the Youth Bureau's accomplishments during its first year of operation. She noted that the primary objectives of the Bureau were to learn about the community and assess the community's needs. She noted that there are four entities that contribute to the budget for the Youth Bureau: 1) The Village of Rye Brook; 2) The Village of Port Chester; 3) The School District of Port Chester, and 4) The State of New York. Ms. Glynn discussed some of the programs that are coordinated by the Bureau. One program, the Careers in Law Enforcement Program, is being offered to at risk youths in high school. This program explores careers within the police force, the legal field, and the public sector. It was offered to students from Rye Brook and Port Chester, but unfortunately no responses were received from Rye Brook's young people. A second program is the anti-tobacco program that was started this year by two students fi•om Rye Brook and one from Port Chester. Also, a new program which has been scheduled to start in February of 2001, primary goal is to help families prepare their children for college. This program will enlist the aid of universities, corporations, and local groups from around the area. The Youth Bureau is in the process of identifying other programs that will mentor and provide leadership to young people. Dean Santon of Hillandale Road requested clarification of the grants that were being 7 applied for and what they would be used for. He was curious about two things #1) the interaction of the Rye Brook's residents, and #2 the amount of tax payer monies that have been spent on this program. In response, Ms. Glynn noted that her office works as a conduit. It is not involved in providing direct programing, nor does it counsel children. The Bureau is responsible for the coordination of youth services in the community and, hopefully in the future, will work to generate additional programs. Everyone understands that there needs to be more activities for the children of Rye Brook. Ms. Glynn noted that her Board meets eleven times per year. This is an advisory board and it has been in place since last April. This Board is a process that is still in its infancy. This Youth Bureau is one of six in Westchester County. The total cost of the Youth Bureau office is $63,951 per year. This amount covers her salary and benefits package, and the operation of the office —rental space, equipment, etc. Of this amount the Village of Port Chester pays just about half— $31,823. The State of New York contributes $21,128. The Village of Rye Brook contributes $8,000. The Port Chester School District contributes $2,000. They Rye Brook School District is currently not contributing. Trustee Brackman asked if Ms. Glynn has had contact with the DARE program and the Youth Awareness Committee. Ms. Glynn stated that the schools have not contacted her about any of the drug prevention programs. Mayor Filipowski asked what the Youth Bureau was doing to help promote the joint SADD Chapter. Ms. Glynn stated that some of the students from Port Chester are interested in creating a local chapter of SADD. Currently there is a State Chapter. Mayor Filipowski thanked Ms. Glynn for her presentation. He then called for the next item on the agenda. 1. TELECOMMUNICATIONS COMMISSION PRESENTATION ON PUBLIC ACCESS GUIDELINES Mr. Ed Howe, Chairman of the Telecommunications Commission addressed the Board. He noted that a request was made approximately one year ago to run a tape concerning the school bond on the government access channel. The request was denied and many residents felt that this was unfair. As a result, the Telecommunications Commission was given the task of researching this issue. A subcommittee was put together and it worked to create the "Rye Brook Government Access Channel Public Access Guidelines." Mr. Howe noted that as the Village does not have the proper equipment, tapes will have to run on a continuous loop for days at a time. Accordingly, the Village has to purchase new equipment that will have the capabilities necessary to properly air tapes, this issue is currently being researched. Mr. Howe presented the Board with copies of the Guidelines. In addition, copies of this document were made available to any individual wishing to review it. 8 Lori Hecker and Pamela Kaplow, members of the Telecommunications Commission, addressed the Board. Their presentation was based on the document. They gave an overview, noting that although the document presented this evening is a final document, it can be changed to reflect comments from the public, such as the Village Board and Village Officials. They also noted several specific areas of the document. One specific issue addressed was elections. The Commission is hopeful that the guidelines will be accepted so that it will apply to the upcoming election. There are three channels allocated to the Village: two are educational channels — one for District 5 and one for District 4; the third is the government access channel. This government access channel provides information to the community related to government affairs. It includes videotaped meetings of the Board of Trustees and Committees, government related community message, other government related communications. This channel is accessible to all residents who receive cable. The Commission has delineated time to be used for public access and government information. The purpose of Rye Brook public access is to provide a conduit of information to its residents -- a means by which residents may take advantage of the television media. It is to be used to increase opportunities for community expression and to provide a place where announcements can be posted. The goal is to encourage the broadest possible diversity of use and programming by the community. Programs must serve the viewing audience and must conform to Local, State and Federal laws with respect to content. In addition, programs must adhere to governmental access criteria. Ms. Hecker noted that the Village has the authority to impose reasonable limitations. The document is divided into sections which address specific issues, i.e. the community billboard and political programming. Ms. Hecker read the entire section on Political Programming to ensure that members of the public, and candidates, are clear on the guidelines that are being set forth. Also reviewed were legal liabilities, copyrighting content, disciplinary action and the appeals process. Mayor Filipowski asked who would be overseeing the programming. Ms. Hecker stated that it would be the Public Access Coordinator. If the Coordinator denies access to an individual then the issue can be referred to the Telecommunications Commission. It will also be available to resolve any other disputes that may arise. Mayor Filipowski asked the Commission to look into the issue of time limitations. Mayor Filipowski noted that as Village elections are always on the third Tuesday of the month, he asked for clarification of the statement `the immediately preceding Monday,' which was used to describe when campaigning should end (one week prior to an election). Mr. Howe noted that this was a conflicting statement, but it was the intention of the Commission to disallow campaigning for one whole week before an election day. Trustee Herman noted that the school board should have access to the channel, as should the Village of Port Chester, for election purposes. Mr. Howe stated that what was being addressed with this document was not the ability to produce a program but rather the ability to govern the rules surrounding the showing of the program. 9 Gary Zuckerman of Hillandale Road addressed the Board. He commended the Telecommunications Commission on the work that it has done, noting that there has been a real attempt to create a level playing field for all of the candidates. Mr. Dean Santon, of Hillandale Road, suggested that the Village Board hold public workshops to discuss this issue; preferably a setting less formal than the Board of Trustee meeting. However, he wanted the arbitration process to be clarified. He suggested that the Commission research the legal ramification of such a process. Mayor Filipowski commended the Commission for its volunteer work. Mr. Powell, the Village's Attorney, was asked to review the document and prepare a memorandum for the Board of Trustees. Board members were instructed to submit any comments and questions to Mr. Powell. At the completion of the Telecommunication's presentation, Mr. Bradbury read a Resolution appointing a Recreation Assistant. RESOLUTION APPOINTMENT OF RECREATION ASSISTANT RESOLVED, that Jason Gallo, 16 Galloway Lane, Peekskill,New York, is hereby appointed to the position of Recreation Assistant 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 $33,000 with a probationary period of six months and an effective start date of February 5, 2001. On a motion-made by Trustee Degling, and seconded by Trustee Brackman, the Resolution was adopted. TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FILIPOWSKI VOTING AYE Mayor Filipowski moved to the Discussion portion of the agenda, calling for item 91. 10 1. VISION PLAN Mr. Jon Kantor, Village Planner, was asked to comment on how the Board should proceed with the Vision Plan. He noted that there are questions regarding whether or not this Vision Plan is a land use plan. He felt that the environmental review process should be researched some more. Acceptance of the plan could be done through the short Environmental Assessment Form — which would involve a somewhat less intense review process. Trustee Herman asked if the Village Board has the right to make the decision of whether or not there should be a long form or a short form. Mr. Kantor responded that they do. Mayor Filipowski asked if the less formal process has the same sense of validity that a court could look at and support with regard to the land use issue. Acceptance suggests that the plan is received and acknowledged as presented by the Task Force. Ken Powell felt that the Board should adopt the Vision Plan as something not set in stone. He stated that they can endorse the whole plan or parts of the plan. A member of the public asked if there would be a public hearing on this document before it is accepted. Mayor Filipowski stated that there would be. The final item on the agenda was called before the Board. 2. WATER DISTRICT#4 Mr. Bradbury made a brief presentation regarding Water District. #4, which consists of Rye Brook, Rye City, Rye Town and Port Chester. Since 1994 approximately $300,000 was raised by taxes. The water district funded a study of the possible acquisition of the New York Water Company. It is important to note that it was not willing to be purchased. An update followed that report. At this time it is felt that the District should be abolished and the remaining funds should be returned to the taxpayers. Three options have been discussed and a meeting has been scheduled for February 6, 2001 at the County. Mr. Bradbury will be in attendance. He will prepare a second presentation which will include information gathered at this meeting. The members of the Board felt that trying to purchase the Water Company at a time when they do not want to sell is inappropriate. In addition, it was noted that the District would then have to purchase water. The Village Board felt that attempting to return the taxpayers monies made the most sense. Gary Zuckerman suggested that rather than returning this money and then turning around and raising money to repair the existing sewers, that this money be used for these repairs. Mayor Filipowski asked for further comments on this subject. There being none, he made several community announcements, starting with snow removal. Once again he reminded residents that all sidewalks must be cleared of snow and ice. Notices/warnings will be given to individuals who have not cleared their sidewalks on a timely basis. A member of the public raised a question regarding snow removal. She noted that on 11 Ridge Street, coming off the Hutchinson River Parkway, there are snow mounds which block visibility. Mayor Filipowski stated that this will be looked into and removed. It was noted that the Facilities Committee has reported back with a recommendation for the location of the firehouse. The Committee has chosen the Village Hall property as the best site. Mr. Bradbury will continue exploring exactly what this will entail and will put together a presentation showing how this can be completed. Dean Santon addressed the Board, stating that he was in attendance at the meeting where the Facilities Committee discussed the firehouse. He expressed confusion about the Facilities Committee's recommendation of the Village Hall site. He explained that at the meeting the Committee discussed two sites: the first site was on Sleepy Hollow/Ridge Street, which would best serve the community with regard to firefighting. The second site was the Village Hall site, which it felt would have less community opposition. After listening to the discussion, his opinion was that the best site for firefighting is Sleepy Hollow/Ridge Street. Mayor Filipowski noted that the final word from the Facilities Committee was that it suggested that the Village Hall site was the best site. He stated that there were problems with the amount of space available on the Sleepy Hollow/Ridge Street site and therefore it was removed from the memorandum the Facilities Committee submitted to the Board of Trustees. Mayor Filipowski announced that the Board of Trustees will hold a Work Session on January 29, 2001 at 7:00 p.m. for the BelleFair Middle Income Units. The next Board of Trustee meetings are scheduled for February 13, 2001 and February 27, 2001. Mayor Filipowski asked for a motion for an Executive Session to be held following the Board meeting to discuss Personnel and Litigation. On a motion made by Trustee Degling, and seconded by Trustee Brackman, the Board scheduled the Executive Session, TRUSTEE BRACKMAN VOTING AYE TRUSTEE DEGLING VOTING AYE TRUSTEE HERMAN VOTING AYE MAYOR FH.IPOWSKI VOTING AYE There being no further business before the Board, the meeting was adjourned. Res ctfitlly sub fitted, Christopher J. Bra ury Village Administrator 12