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HomeMy WebLinkAbout2001-10-04 - Board of Trustees Special Meeting Minutes VILLAGE OF RYE BROOK WORK SESSION -- BOARD OF TRUSTEES VILLAGE HALL, 938 KING STREET THURSDAY, OCTOBER 4, 2001 -- 7:30 P.M. AGENDA DISCUSSION: 1. CONSIDERING AMENDING THE RULES OF PROCEDURE OF THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES Mayor Filipowski began the roundtable discussion of the Rules of Procedure by noting that from 1982 until April 14, 1998 the Board of Trustees operated under a single-series of rules. There was an agenda meeting held on the second Tuesday of the month, and a Board Meeting held on the fourth Tuesday of the month. As of 1998 these rules were modified. The rules were very effective, and brought about an orderly procedure. A motion has now been made to return to the previous rules, restoring a practice that worked for 15+ years. This will create a more effective government. Trustee Donald Degling felt that Mayor Filipowski's motion was a very good one. It will streamline the meetings and yet not delay important business. Trustee Degling endorsed the suggestion of returning to the original rules of procedure. Trustee Larry Rand noted that he had spoken with a number of former Trustees on this subject in an attempt to discover why the rules were changed. He was unable to find out why the change was made in 1998. Trustee Rand, during his research, was advised when something was missed in a regular meeting, the Board had to wait two or three meetings before the missed item could be placed on the agenda. He asked that the current Resolution be clarified with regard to how special meetings are called. Mayor Filipowski noted that April 14, 1998 was his first Board Meeting as the Mayor. He was uncertain of how these changes came about. Neither he, nor Trustee Degling, placed this item on the agenda. However, it was put on the agenda was and passed by the Board at the time. As part of his research on this topic, Mayor 1 - Filipowski noted that he pulled the Summary for the March, 1998 meeting and found nothing with regard to this issue. In analyzing the old rules of procedure, there is no way that anyone could miss putting things on the agenda because the special meeting category is very broad. The agenda meetings were used as public meetings. Trustee Degling stated that under special rules it should be noted that the Mayor can call special meetings, and these meetings can be called on relatively short notice. There is ample provision for getting business before the Board promptly. All that is required is a written request of any two Trustees. Trustee Rand noted that at a previous meeting a reference was made to the three- minute rule. Mayor Filipowski responded that during the four years that he was a Trustee, and during the period that he has been the Mayor, he could not remember this rule being enforced. He noted that people normally stayed within the three minute time frame and, therefore, the meetings were not very long. Amy Schoen of Country Ridge Drive addressed the Board. She was curious whether or not the past administration was contacted as it may be able to shed some light on this issue. She felt that she needed an explanation of why the change took place. She questioned the way that special meetings were called. Her concern was with regard to why a request for a special meeting would require two Trustees providing i written notice. In the business world a special meeting can be called simply by notice. Mayor Filipowski responded to Ms. Schoen that former Trustee Joseph Pellino was on the Board at the time of the change. The original rules were set by the first administration. In November and December 1982 a discussion tools place. The rules were then publicly enacted at the January 1983 meeting and these rules were used continuously until April 14, 1998. Mayor Filipowski asked former Trustee Pellino to offer his recollection on this issue. Former Trustee Pellino addressed the Board, and noted that he did not have any recollection. He felt that the best place to obtain this information was in the minutes. He asked for permission to review the records himself. Trustee Santon noted that he had both versions of the rules, 1983 and 1998, and had reviewed them. Even after researching this issue he was unsure of what the differences were. He felt that the changes were not substantial. He could only find one real change and that was one meeting per month, on the fourth Tuesday of the month. He asked that someone point out the changes for him. Mayor Filipowski noted that one change was that the agenda items could be any number of agenda items for each of the meetings as opposed to the Trustees 2 choosing what items would be on the agenda. At an agenda meeting Trustees could bring up an item and then the Board would decide, by majority vote, what would be placed on the agenda. Trustee Santon stated that he could not find where in the original rules it stated that there was a definite agenda meeting. The rules of procedure explained agenda meetings, and how to set it. The one monthly meeting was used as it is used now, but special meetings could be called at any time. Mayor Filipowski pointed out that a regular agenda meeting was held on the second Tuesday of the month. Trustee Rand noted that the second Tuesday became the agenda meeting and then the fourth Tuesday became the regular meeting. Mr. Bradbury clarified that the Board makes the decision of what it wants the meetings to be. Through his research he discovered that the April 1997 minutes designated the first meeting as an agenda meeting and the second one as the regular meeting. It was formally adopted. Joan Feinstein of Robins Roost addressed the Board. She stated that the Board has said that things were not working well at this time and that this is why it wishes to return to the original rules of procedure. She felt that this issue had come up because of tension on the Board, and as a way to silence some of the members. She asked that Board do what is in the best interest of the community. She felt that to change the procedures because of tension would be a disservice to the community. She asked that Board consider the reasoning behind this change. She asked that the Board work cooperatively. Mayor Filipowski responded to Mrs. Feinstein's concerns. He noted that many times in the recent past he has had to call a Point of Order when personal attacks were made, or when situations were not relevant to orderly government. Also out of order are discussions regarding what staff is doing or not doing. When personal attacks are made, the Board is placed in a negative situation. He noted that he has cut off anyone, and everyone, who has made personal comments. He also pointed out one example of an issue in particular where personal statements were made (the appointment of the new Village Counsel). Trustee Santon felt that there was an underlying topic that brought about the suggestion of changes to the rules. In his opinion, it was to limit Trustees to three minutes, and that it was targeted at him. The Mayor is the Chair of the meeting, but in watching other meetings the Chair does not offer editorial comments and interrupt speakers. Trustee Santon entered into a very personal discussion regarding his election and opposition that was offered by the Mayor. Trustee Santon, feeling that this was not a personal discussion continued his comments. He felt that the Mayor 3 i did not have the right to interrupt an elected official. Mayor Filipowski stated that the Board follows Robert's Rules and asked Mr. Ed Beane, Village Counsel, to locate the ruling in the book which allows the Mayor to call a `point of order.' Trustee Santon continued to speak, stating that he had the floor. Mr. Beane had to intervene in order to try and clarify this issue. He stated that no one would be stifled by returning to the original rules. Looking on as a neutral observer, he noted that to have a meeting that goes on until 11:30, 12:00, 12:30 creates problems with everyone having the opportunity to be heard. If there is an issue that any Trustee, or member of the public, wants to have aired in public, the agenda meeting is the appropriate place. Everyone can have an opportunity to place things on the agenda without interfering with public hearings. Mr. Beane noted that when the meetings run until 12:00 a.m. it means that the Board goes into Executive Session and reviews important issues until 1:00 a.m. He felt that the change will create the very forum that everyone is looking for. Mrs. Feinstein addressed the Board a second time. She agreed that the Board meetings need to have order. Her reason for addressing the Board was to express her opposition to the three-minute rule. She felt that for the benefit of the community the five members of the Board of Trustees should put aside their personal differences, each member should have respect for one another. Mayor Filipowski stated that a lengthy Board meeting, when the hour became very late, out of frustration he suggested that a three-minute rule be put into effect. He offered his apology for this suggestion. Trustee Rand noted that there have been times that he has e-mailed Mr. Bradbury for the status of items. That follow up helps the process so that the residents and the Board knows that very few things will fall between the cracks. Much more is accomplished this way versus running meetings until 1:00 a.m. Former Trustee Roger Herman addressed the Board. He did have a recollection from March of 1998. He remembered a conversation with Mr. Christopher Russo regarding the non-agenda meeting and the fact that the Board was handling for only one regular meeting. Therefore, the Board switched to two meetings per month. He also stated that Mayor Cresenzi did allow all residents the opportunity to speak at the end of the meetings. He expressed his concern that by cutting back the result would be very lengthy meetings. Former Trustee Pellino stated that he came to the meeting to express his opposition to the three-minute rule. In looking at the Resolution, he made a suggestion that there be time at the end of the meeting for open discussion from the public. This could cover issues not on the agenda. He asked that this be included in the rules. 4 Mayor Filipowski noted that under item 14 it notes that the Mayor shall entertain comments from the public. There has always been open microphone time at the end of the meetings. Trustee Pellino noted that as issues come up the Village Administrator shall have an official duty of reporting back to the Board on a monthly basis. Monthly follow up is very important. Agenda meetings are necessary to bring a sense of order to the Village Board. It is an appropriate forum for all members of the Board to bring before the public an item that it feels is important. He did feel that the 72 hours that is required to place an item on the agenda is not sufficient time to properly research issues. The agenda meeting is an important element in bringing a sense of order to the Village. Elected officials have a duty to conduct business in an orderly fashion. He stated that taking shots at each other is disruptive, and the personality issues must be bridged. Amy Schoen supported the comments that have been made by Mrs. Feinstein and Trustee Pellino. What is best for the Village is what is paramount. Issues that are important need to be brought up at the meetings. If an issue is important to an elected official then respect for that issue must be given. Trustee Degling appreciated the comments and felt derogatory comments shouldn't occur. He offered a concrete example by noting an incident that occurred at a recent meeting. He stated that the amended site plan of Bellefair of June of 1998 was addressed. As no one knew that a certain point regarding the site plans was going to be raised, no research on this issue was done. If this issue was raised at an agenda meeting, or discussed with the Administrator, then it could have been researched and the answer could have also been heard. However, raising an issue such as this (one that happened three years ago) in the midst of a meeting meant that no answer was available and the look of impropriety was given. The comments made gave the appearance that the Mayor had broken the rules, when in fact that was not the case. This is the sort of thing that the amended rules would prohibit. That issue should not have reached the light of day. Other issues, such as whether or not a member of the staff has done something, or not done something, should also not be addressed at the meetings. This Board must deal with the governance of the Village. Trustee Degling noted that there are other ways to address important topics. As Trustee Rand suggested, sending an e-mail to Mr. Bradbury or the Chief allows the staff to research the matter and respond as to whether or not there is a problem. Perhaps, as in many instances, the problem is already being looked into, or has been resolved. Addressing issues in the manner avoids putting people on the spot, and yet provides answers regarding very important issues. Trustee Santon noted that he does generate a lot of paperwork. He believes that the public has a right to know about issues that he feels are important. He noted that he 5 prepares very lengthy memorandums for the Board and Counsel regarding issues put on the agendas for discussion. He reminded the Board that his first meeting was April 10, 2001 and it was a very long meeting. He felt that the meeting that was held on July 10`h was a perfect example of what he has been complaining about. This meeting was disrupted because of electrical problems that were the result of a storm. The meeting was adjourned, but the issue of counsel was addressed. He felt that this was inappropriate as he was unable to review his notes. He felt that, in general, he could not be wrong on every topic that he brought up. It seems, however, that the Board thinks he is. He asked for respect for the issues he raised. Mr. Beane reminded the Board that he is the Village Attorney for all of the Trustees. No one is saying that issues should not be discussed. Everyone is saying that everything must be done in the best interest of the Village. The discussions that take place should be on the issues before the Board and the Board needs to learn how to do this in a less confrontational way. Mr. Bradbury noted that as the Administrator he ends up in the middle all the time. The agenda meetings will allow for more discussion. There can be better updates on projects. Mr. Bradbury reviewed several items in the rules that could be changed. The Board discussed these changes, which were clarified for Trustee Santon. Trustee Santon felt that the Board needed more time to study the rules. He asked for a `black line' copy of the 1983 rules and procedure to reflect the 1998 changes so that everyone would be aware of what the changes are. Trustee Degling pointed out each change, noting that he has carefully compared both versions. Mr. Bradbury stated that he does provide a lot of communication, and welcomes back and forth dialogue. Trustee Degling agreed with Mr. Bradbury's comments. This is not a micromanagement Board and it is not its job to try and second-guess everything the Administrator or the staff does. Trustee Santon questioned the paragraph on communications. Trustee Degling felt that there are times when letters are written to the Village that they should be made part of public record, but certainly not every letter should be read into the record. A voice vote is normally taken in order to decide whether or not the correspondence should be read. Clarification on this issue was made for Trustee Santon's benefit, who felt that the rules did not address this issue. Trustee Santon stated that the Board must have a uniform policy, one that applies to everyone. He noted that he believes in an open government and hoped that his fellow Board members will take the same view. He felt that all meetings, including Work Sessions, should be aired. 6 The decision of the Board was that this matter be placed on the agenda for the next Board of Trustee Meeting. There being no further business before the Board, the meeting was adjourned at 9•.,00 p.m. Respectfully submitted, Christopherradbury Village Cler.c 7