VILLAGE OF BREWSTER
BOARD OF TRUSTEES

Draft Minutes

The Board of Trustees of the Village of Brewster held a Regular Meeting on 21 February 2007 at Village Hall, 208 Main Street, Brewster, New York.  The meeting was called to order at 7:30 P.M. by Mayor John Degnan. 

Present:                                                                                   Absent:
Mayor: John Degnan
Deputy Mayor and Trustee: William Banks
Trustees; James Schoenig, Yoshihiko Ito, Terri Stockburger
Village Engineer: John Folchetti,
Village Counsel: Gary Kropkowski
Clerk & Temporary Treasurer: Peter Hansen

Pledge to flag.

  1. Public Comment
  2. Brewster Parking Associates –
    1. Dick Lewis introduced his company, associates, and concept for an automated parking structure in the Village of Brewster.  Atlantic-Heydt, a major steel scaffolding company will be the production partner.  Financial figures are preliminary and are constantly being reviewed and updated.  A “Ground Lease” document was submitted to special counsel Shamberg, Marwell, Davis & Hollis for review.  Gary Kropkowski will also review the proposed lease.  Mr. Lewis introduced Brian Howells.  Mr. Howells would be the project lead and explained the concept further.  Currently the concept calls for 650 spaces on 5 levels completely automated from drive-in on.  The concept is in use in high density areas particularly in Europe where the first known automated parking structure was built in 1957.  The European design is not exactly right for American automobiles and needs to be adapted.  Atlantic Height has a prototype under construction which is scheduled to begin shakedown testing from June to December 2007.  If all goes as planned the garage could break ground in Spring 2008.  The structure will also house some retail/commercial space for shopping, etc.  The final design plans have not been drawn up.
  3. Engineer’s Report – the engineers report was accepted via Mayor Degnan’s motion and Trustee Stockburger’s second.  Vote: 5-0 [report can be found later in this document] – additional to the report, Mr. Folchetti indicated that his engineer on site had looked at the stairway to the lower parking lot and a report will be forthcoming.
  4. Authorization to mail out ”Rental/Owner Registration Form
    1. Mayor Degnan made a motion and Trustee Banks seconded to authorize the mailing of the Rental/Owner Registration Form.  Vote: 5-0
  5. Designate Police Vehicle Parking Space in front of 31 Main St.
    1. Mayor Degnan motioned and Trustee Ito seconded directing the Highway Superintendent to remove the parking meter from the space directly in front of 31 Main Street and to affix signage indicating the space is for Police cars only.  Vote: 5-0
  6. 50 Main Street
    1. Resolution of authorization – Resolution passed 5-0, as recorded later in this document.
    2. Resolution regarding arrears. – Resolution passed 5-0, as recorded later in this document.
    3. Total arrears: $18,167.27; consisting of
      1. Tax: 8,267.27
      2. Water: 9,900.00
  7. Approval of Vouchers – Payment of the following Vouchers was approved on a motion by Mayor Degnan, seconded by Trustee Banks.  Vote: 5-0
    1. Total Amount = $224,142.21; consisting of:
      1. A Fund (General) -         $96,476.38
      2. F Fund (Water) -              $8,436.91
      3. G Fund (Sewer) -           $37,902.50
      4. H Funds (Capital) - $80,621.44; consisting of:
        1. H1       $50,334.46
        2. H9       $30,286.98
      5. T Fund (Trust & Agency) - $704.98
  8. New Business
    1. Parking meter repairs – Mayor Degnan motioned and Trustee Stockburger seconded authorization to purchase and or repair Duncan Heads for parking meters; Vote: 5-0 Mayor Degnan directed the Clerk to inform the Highway Superintendent to discuss the purchase with him prior to finalizing.
  9. Public Comment
    1. 2 Hour free parking on Saturdays is difficult to enforce.  It appears there is a percentage feeding meters but not everyone.  Additionally there are 2 hour parking, and three hour parking zones on side streets.  Trustee and Parking Commissioner Ito cited the need to update all the parking ordinances and invites official and public participation.  The Village board directed the Police to not enforce parking meters on Saturdays, Sundays, and Holidays until we can get the signage and meters on the same page.
    2. Jack Gress brought up ticketing issues with the delay of remittance charges not being printed on the back of the physical ticket.  We will need to purchase new tickets with the appropriate language.  Jack also pointed out that V&T schedules referenced in the 2002 local V&T law are not accessible.  Gary Kropkowski will speak to court and attach necessary schedules.
    3. Trash receptacles will be purchased by the County.
    4. Lease status update on Brewster Taxi?  Not yet in hand.
    5. Continuing taxi parking and queuing problems.
    6. Request to have the rental registration inspection checklist mailed or available to all owners of property.  The board agreed with the caveat that the list is not finite and all inclusive.  The list provided will be guidelines only.  Christine Piccini suggested posting the list on the website with a clarification clause as to not be finite.
    7. Denis asked about the work on Park Street.  Mr; Folchetti said the work should be finished by the end of April.
    8. Rob DiFrancesco, Chief of Staff for Assemblyman Greg Ball (R-99) stopped by to introduce himself and offer assistance to the Village at any time.  The Mayor thanked Mr. DiFrancesco for coming and welcomed him to future meetings.
  10. Adjourn – Mayor Degnan motioned to adjourn, Trustee Stockburger seconded, Vote: 5-0

Respectfully submitted:  Peter Brewster Hansen, Village Clerk

Village of Brewster
Resolution

 

The duly constituted and authorized Board of Trustees of the Village of Brewster, New York this 21st day of February, 2007 does hereby state and resolve upon motion of Mayor Degnan seconded by Trustee Stockburger the following:

            WHEREAS, the Village of Brewster is obligated both to protect the Village from economic blight and to preserve the physical integrity of the buildings and properties within the Village of Brewster; and

            WHEREAS, the Village of Brewster is desirous of preserving, protecting and enhancing the quality of life of its citizens within the Village of Brewster at every opportunity; and

            WHEREAS, certain premises at 50 Main Street in the Village of Brewster (“the Premises”) comprised of four stories of approximately 28,256 square feet with three retail spaces on the first floor and twenty-five apartments on the upper three floors, all on .63 acres, and has fallen into disrepair; and

            WHEREAS, the former owners of the Premises incurred and then defaulted upon an  indebtedness, secured by a mortgage to Eastern Savings Bank on the Premises in the approximate amount of $2,600,000, including, but not limited to, unpaid principal, interest, and real property taxes; and

            WHEREAS, Eastern Savings Bank commenced a foreclosure action in the Supreme Court, Putnam County against the Premises; under Index Number: 860/04 and obtained a Judgment of Foreclosure in such action; and

            WHEREAS, it had been determined by the Village of Brewster Board of Trustees that (a) it would be in the best interests of the Village of Brewster and its citizens and property owners for the Village of Brewster to acquire the Premises so as not to allow the Premises to fall into further disrepair and/or a condition of economic blight and (b) that the Village of Brewster has a demonstrated need for new, more modern and efficient office space within which to house its municipal offices and other valid public purposes; and

            WHEREAS, the Village of Brewster commenced negotiations with the Putnam County Foundation (the “Foundation”) for the acquisition of the Premises by the Foundation, subject to a lease agreement to the Village of Brewster for space in which its municipal offices and other valid public purposes would be located; and

            WHEREAS, the Village of Brewster was the successful bidder at the public foreclosure sale of the Eastern Savings Bank mortgage on the Premises on July 17, 2006, at the bid price of $1,900,000; and

            WHEREAS, because the Foundation did not agree to acquire the Premises prior to the date required for closing in accordance with the terms of the foreclosure sale, the Village of Brewster, in accordance with the terms of a Resolution of the Village Board of Trustees dated October 12, 2006, purchased the Premises on October 16, 2006; and


 

 

 

 

 

WHEREAS, it is in the best interest of the Village of Brewster not to continue to carry the costs of the Premises pending a finalization of the terms for the leasing of the Premises by the Village of Brewster from the Foundation; and

            WHEREAS, the Foundation has agreed to make the Village of Brewster financially whole with regard to the Village of Brewster’s expenditures in the acquisition of the Premises; and

            WHEREAS, the Village of Brewster and the Foundation executed a Purchase and Sale Agreement dated as of January 26, 2007 (the “Agreement”), pursuant to which the Village agreed to sell and the Foundation agreed to purchase the Premises for a sales price of $2,170,000, which price represents the amount of $1,900,000 paid by the Village for the Premises, together with a substantial portion of the expenses incurred by the Village in connection with such purchase; and

            WHEREAS, it is in the further best interest of the Village of Brewster not to have to extend financing for the Premises by means of a Bond Issue; and

            WHEREAS, the Village of Brewster and the Foundation continue to be in negotiations with respect to the leasing of a portion of the Premises to the Village of Brewster for the use by the Village for its offices;
 
            NOW THEREFORE, on this 21st day of February, 2007, the Board of Trustees of the Village of Brewster does hereby resolve that:

                      That the execution and delivery of the Agreement by the Village of Brewster are hereby ratified and approved and the Village of Brewster is authorized to sell the Premises upon the terms and conditions set forth therein and to take any and all steps necessary to consummate such sale, including, without limitation, the execution of a deed and other transfer documents containing such terms and conditions as may be acceptable to the Mayor with the advice and consent of the Village of Brewster Special Counsel;

            II.         That the Village of Brewster is authorized to continue to negotiate with the Foundation the terms of a lease agreement acceptable in form and substance to the Mayor of the Village of Brewster, with the advice and consent of the Village of Brewster’s Special Counsel, for a term not less than ninety-nine years, for space in the Premises for use by the Village of Brewster for its municipal offices and other valid public purposes, and upon completion of such negotiations, to execute and deliver such lease; and

           


III.        That the Mayor of the Village of Brewster is hereby authorized to execute and deliver all documents on behalf of the Village of Brewster to accomplish the purposes set forth in the foregoing resolutions.
           
The provisions of this Resolution are declared to be severable if any section, clause or phrase thereof shall, for any reason, be held to be invalid, such finding shall not affect the validity of the remaining sections, clauses or phrases, which shall remain in full force and effect notwithstanding the invalidity of any part.

 

 

Dated:  Brewster, New York
            February 21, 2007

 

 

THOSE VOTING                              VOTE

Mayor John A. Degnan                       Aye    
James J. Schoenig                               Aye    
Teresa P. Stockburger                         Aye    
William C. Banks                                Aye    
Yoshihiko Ito                                      Aye    

 

Peter Brewster Hansen

Clerk, Village of Brewster
Signed and seal affixed this 21st of February, in the year 2007

Village of Brewster
Resolution

 

The duly constituted and authorized Board of Trustees of the Village of Brewster, New York this 21st day of February, 2007 does hereby state and resolve upon motion of Mayor Degnan seconded by Trustee Banks the following:
WHEREAS, the Village of Brewster desires to facilitate the prompt and accurate filings with the County Department of Real Property Services and
Whereas the Village of Brewster currently owns 50 Main Street and
Whereas the said property is in arrears for water rents and tax payments to the Village, now, therefore be it

RESOLVED, the Board of Trustees of the Village of Brewster hereby authorizes the debt forbearance and encumbrance of water and tax arrears on the property owned by the Village of Brewster known as 50 Main Street in the total amount of: $18,167.27  comprised of (Tax: 8,267.27, Water: 9,900.00)
FURTHER RESOLVED, that this resolution shall be effective immediately, this day 21st of February 2007 with simultaneous notification to the assessor’s office Town of Southeast, NY and the Real Property Tax Office of Putnam County, NY

Dated:  Brewster, New York
            February 21, 2007

 

THOSE VOTING                              VOTE

Mayor John A. Degnan                       Aye    
James J. Schoenig                               Aye    
Teresa P. Stockburger                         Aye    
William C. Banks                                Aye    
Yoshihiko Ito                                      Aye    

Peter Brewster Hansen
Clerk, Village of Brewster
Signed and seal affixed this 21st of February, in the year 2007

February Engineer's monthly report