VILLAGE OF BREWSTER BOARD OF TRUSTEES

DRAFT

Village of Brewster – Board of Trustees

REGULAR BOARD MEETING

April 5, 2006

MINUTES

Pledge to flag

PUBLIC HEARING

ON PROPOSED WATER RATES FOR BALANCE OF FY 05-06

5 APRIL 2006

Mayor John Degnan made a motion to open the Public Hearing on proposed water rates for the balance of FY 05-06. Teresa Stockburger seconded. All in favor, 4 ayes. Time ______ P.M.

PLEASE TAKE NOTICE, that the Board of Water Commissioners of the Village of Brewster will hold a Public Hearing on Wednesday, April 5, 2006, at 7:30 P.M. or as soon thereafter as time permits, at Village Hall, 208 Main Street, Brewster, NY, for a determination of water rates for the balance of the 2005/2006 fiscal year.

Mayor Degnan read the Public Notice and asked if there were any questions, comments or statements.

Discussion

Mayor Degnan asks if there are any public comments or comments from the Board of Trustees.

James Schoenig states that his family would be penalized, based on the Treasurer’s suggestion for water rates.

Jack Gress thinks that the prospective water rate schedule is right on target for incentives on conserving water, however, Peaceable Hill could be charged a little more.

Mayor Degnan makes a motion to continue this public hearing until April 19^th. James Schoenig second it. All in favor, 5 ayes. Time 8:10 P.M.

CONTINUED PUBLIC HEARING

ON PROPOSED LOCAL LAW NO. 1 OF 2006 ENTITLED,

“A Local Law to Amend Article II of the Village Code of the Village of Brewster, New York: Sidewalk Repair and Maintenance”

5 April 2006

Mayor Degnan made a motion to open the Public Hearing on a proposed Local Law [No. 1 of 2006] entitled, “A Local Law to Amend Article II of the Village Code of the Village of Brewster, New York”. James Schoeng second. All in favor, 4. Time 8:10 P.M.

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Brewster will continue a Public Hearing on Wednesday, April 5, 2006, at 7:30 P.M. or as soon thereafter as time permits, at Village Hall, 208 Main Street, Brewster, NY, to discuss a Local Law to Amend Article II of the Village Code of the Village of Brewster, New York: Sidewalk Repair and Maintenance

Mayor Degnan read the Public Notice and asked if there were any questions, comments or statements.

John Leather asks a question about the width of the sidewalk. In laymans terms, it doesn’t state the width size. Gary Kropkwoski

Close the Public hearing on Local Law no. 1.

Mayor Degnan make a motion to close the Public Hearing. Teresa Stockburger second. All in favor, 4 ayes. Time 8:15 P.M.

_________________________________________________________________________

The Board of Trustees of the Village of Brewster held a Regular Meeting on 5 April 2006 at Village Hall, 208 Main Street, Brewster, New York. The meeting was called to order at 8:15 P.M. by Mayor John Degnan. Present were Mayor Degnan, Stephen Fasano, Terri Stockburger, Trustee and Deputy Mayor James Schoenig, Engineer John Folchetti, Counsel Gary Kropkowski, Treasurer Mike Santos, and Clerk Bernadette Martabano. Trustees William Banks absent.

1. Public Comment

Yoshi Ito: The Planning Board – update – 3/23/2006 – one application – 2 parts – 20 Main Street. Renovation of the interior and the exterior. Two separate applications – could either re-do the site plan or have the board waive…. We decided that the two should count as one and asked that James Nixon come back again with more detail on the outside renovations.

What we have in mind with revitalization to make the downtown area more inticing and find that 20 Main Street doesn’t set a precident , and if the board could consider labeling Main Street as historic, or something like that. Is it more beneficial of the Village to preserve that style of the building or would it be better to preserve the historic of the Village by creating a fake exterior for esthetic purposes. I think we need a much broader vision. The Planning Board does nto have full authority of how to dermine the facades of the building. Update the existing style or enforce a new exterior for the total revitalization of the Main Street strip.

Mayor Degnan: Not familiar what the board can do with existing buildings. The question is take to heart, however, without having an architectural review committee, I don’t know if we can set a standard.

Could you investigate whether we could adopt an overlay zone, given the status of our re-zoning changes. I don’t recall.

Any other public Comment:

Richard Ruchalla: Would like the board to put together something of my own to present to the board of trustees, like Exceed has done.

You don’t need authorization by this board to come forward with a presentation for a project of your own, just like Exceed did. If you’re requesting a waiver of the moratorium, then you’ll need to go before the board.

2. United Methodist Church – Homeless Shelter

- Teresa Stockburger excuses herself as a board member to speak on behalf of Kathy Meyerson.

The churches are trying to do something for the homeless during the cold months, not year round. The plan is that they would stay for a week in different churches. All the bedding and stuff will be in transit. Still in planning stages, but wanted to make sure that there isn’t a legal issue with doing this. They understand that there might be a problem with long term stays, however this would be temporary.

Mayor Degnan: How have the churches delt with homelessness in the past?

Teresa: I know from experience, that the pastor would direct people Bob’s Diner and they would charge the meal back to the church. As far as sleeping quarters, people would break in to sleep inside. As far as I know, this something we do not have. Soup kitchen, food panty, but nothing to stay out of the cold.

D you have any idea of the number of homeless?

Teresa: I have no idea, however there has been talk of 15-20. I have no idea, however, they’ve said there are more than that.

Mayor: Are the churches aware that they will be receiving water and sewer bills?

Teresa: Yes. But the churches do not have showers anyway.

Does anyone have any questions?

Gary Kropkowski: There doesn’t seem to be anything that leaps out, but there might be a violation of the code of inhabitance space.

John Leather: You’re establishing a room in a dwelling… fire law. Insurance problem, would insurance cover a space not normally covered.

Mayor Degnan: I don’t think that anyone would deny the safetiness of people in the community. However, if the board would need to sign off on this, we would need to be sure of all rules and codes.

Stephen Fasano: What starts as one day, doesn’t always stay at one day. There should be some sort of program that the church follows so that the people can be moved on to permanent shelter, instead of turning into a residency issue. Word of mouth draws many more people, and the churches will never turn anyone away.

Bruce: Are we talking about people from outside the area? Or just homeless people in the Village?

Teresea: No. And they would be designated to a particular church, after meeting as a group. Planning to have someone who is bi-lingual spending thhe night with people and supplying bedding and blankets.

Bruce: Where would these people go during the day?

Teresa: That’s part of the program. They would be told they cannot stay, they would need to go. It’s not all confirmed, as of yet.

Bruce: The churches are not set up for living quarters. Being that it’s a religious organization, there may be a fine line between church and state. And what would be the impact to the sewer?

3. Lewis Group Parking Structure Resolution

James Schoenig: Interest in the real property not recv. w/in one year. That would be breakup fee?

Gary: No. It’s about the NYC DEP. Not about the Village.

I would like to open this discussion up to the public, because this is an important decision for the Village.

Castelli: The ownership of the property would remain with the Village of Brewster would then lease the property to LDC parking garage for no less than 99 years.

John Leather: How are you going to protect yourself? If the building goes default?

Mayor Degnan: The footprint generates a lease, the reveneue is shared. The Village is not financially obligated to build or operate this. The idea is that a developer is willing to spend $18million to form a partnership. His financial capabilities and his track record is long a successful. This is not without risk, hwoever, the bottom line is that they’ve put together something they think they can make money on. I understand about liability insurance that I’m sure will be part of this deal. However, about insurance to buy for performance, is required for contracts we enter into.

VILLAGE OF BREWSTER

DRAFT

RESOLUTION

In furtherance of securing a vehicle parking facility to serve the Village of Brewster and as part of the revitalization of its Main Street and Village Center, the following resolution is introduced for consideration and action, upon motion of Mayor Degnan; seconded by Teresa Stockburger, this 5^th day of April, 2006.

WHEREAS, on November 2, 2005, the Board of Trustees, hereinafter referred to as the “Board” adopted a resolution as an expression of its intent to have a vehicle parking facility constructed, operated and maintained on the southeast corner of the intersection of Main Street and Railroad Avenue across from the MTA Brewster train station, hereafter referred to as the “Parking Facility,” a copy of which resolution is incorporated herein by reference; and

WHEREAS, the Board has been presented with a proposed development plan prepared and submitted by Brewster Parking Associates, LLC, the Designated Developer, hereinafter referred to as the “Developer,” consisting of a conceptual site plan, and architectural elevation plans, annexed as Exhibits A1 and A2; and

WHEREAS, these development plans are consistent with the goals and purposes of the Village of Brewster to accomplish this project of community betterment; and

WHEREAS, enabling the project to go forward will require the expenditure of a substantial investment by the Developer, provided there is reasonable protection for the risks, costs and expenses that will be incurred;

NOW, THEREFORE, it is hereby:

RESOLVED, that since the Board is not committing to an irreversible course of conduct to proceed with the project until it enters into a lease agreement with a not for profit LDC to be formed and since there is the need to obtain, review and analyze the development, financial,

such reasonable and necessary expenses as were incurred by or on behalf of the Developer and BMPLDC in the furtherance and performance of all contractual obligations of the Developer to the Village, inclusive of all amounts paid by the Developer to the Village’s consultants, except that a breakup fee shall be due only where the Village or its officers or agents have in bad faith failed or refused to discharge their obligations under this resolution and future agreements with the Developers without having rational reason; and it is

FURTHER RESOLVED, that the Village Attorney, Village Engineer and such other consultants as the Board may determine from time to time are necessary to aid and assist the Village in connection with this parking facility project, are authorized within the terms of their approved retainer and engagement agreements to provide such services as are reasonable and necessary to advance the project and to protect the interests of the Village of Brewster; and it is

FURTHER RESOLVED, that a lease agreement be drafted between the Village of Brewster and the BMPLDC providing for the necessary terms, conditions and provisions for the lease of the vehicle parking facility site from the Village to the BMPLDC, to be submitted for consideration by the Board at the earliest possible time.

Dated: Brewster, New York

April 5, 2006

Trustee Stockburger - aye

Trustee Schoenig – aye

Trustee Fasano – aye

Mayor Degnan – aye

Trustee William Banks – absent

4. Water District

a) Update on Gary’s research of private wells within 500 feet of public water source

Gary: County levels state you cannot charge – however, Putnam County is not one of those. The Village does not have the ability to force someone to use the potable water system if they have a well.

The next logical step: Does the board want to approach the county to pass such a legislation?

Mayor: Would be a county wide law, or just us?

Gary: I’m sure there would be no Grandfaterh law, however, it would cover everyone.

Two properties: Beale & Red Fox

Mayor: Can John Folchetti check to see if Red Fox Gardens is in the area to pick up the water line. If it’s not brought there, we can bring it there. But as a property owner it would be your responsiblitly to connect to your own water meter.

I’d like to make a motion to have the Village Engineer to instruct Laws Construction to bring a water line to Red Fox Gardens, Ray Durkin’s property, right away. Stephen Fasano seconds it. All in favor, 4 ayaes.

This property was not in the district of installing water meters at the time. Does the board want to hear a waiver of moratorium.

I’d like to make a motion to waive the moratorium to have Mr. Durkin. Mr. Schoenig states that based on good faith, the Village of Brewster should honor the cost of the water meter. Stephen Fasano seconds ti. All in favor, 4 ayes.

Putnam County does not have a law inforcing the issue of a water meter, so we cannot enforce Mr. Beale to have a water meter.

Mayor Degnan requests that Gary Kropkowski contact Putnam County regarding water.

Mayor Degnan makes a motion to recind the bill sent to Red Fox Garden at 555 North Main Street, based on the error of billing. Seconded by Stephen Fasano. 5 ayes.

b) Rates for balance of 05-06 FY

TABLED

c) Partial period Billings

90 days or longer – prorated to 180 days

Less than 90 days – flat billing – 1.5x the four month billing;

Mayor makes a motion to give permission to the Treasurer to use his own discretion on billing the water rates for the next few weeks. Stephen Fasano seconds it. All in favor, 5 ayes.

d) Legislation to penalize tampering with or disconnecting meters

Mayor Degnan makes a motion to set a public hearing to set a schedule of violation fees and laws regarding crimes on the water meters and water use and re-doing thte current water Local Law of 1999. May 3^rd, 2006. Stephen Fasano seconds it. All in favor, 5 ayes.

Theft of services law – there are strict penaliteis.

Would a Village Law allow us to prosecute through Judge O’Rourke or through the state?

Still prosecuted through this court and the fines are given to the Village. A felony would have to go through the Putnam County court.

Who is responsible for the water meters after they have been installed? Who is responsible if they are not working? The homeowner or the Village?

Mayor Degnan: I don’t know. This would be a discussion that we’d need to have with the DPW.

Gary: Based on Local Law of 1999 – the normal wear and tear would be the responsible of the homeowner.

e) Ray Durkin – Red Fox Garden – water bill – HANDLED ABOVE

5. Sewer District

a) Resolution to authorize refunds of over-billings paid

b) Resolution to authorize ten percent penalties for late payment of sewer bills

c) Information in/on bills to inform recipients on how they are being charged – 83% - of course. No need to ask the board for permission to do that.

6. Refuse District

a) Resolution to authorize ten percent penalties for late payment of refuse bills

RESOLUTION

April 5^th, 2006

The duly constituted and authorized Board of the Village of Brewster, New York, this 5^th day of April, 2006 upon motion of Mayor Degnan; seconded by Stephen Fasano, does hereby resolve and state:

WHEREAS, the Village Board is authorized to establish and impose sewer rents pursuant to New York General Municipal Law Article 14-F and municipal refuse fees pursuant to Section 4-412 of the Village Law of the State of New York, and

WHEREAS, the Village Board has already established by Village Law Section 11-1116 a municipal system for setting water rents, inclusive of the statutory authority for the establishment or imposition of a penalty fee for late payment of rents, and

WHEREAS, the Village Board encourages uniformity and standardization in all administrative enforcement actions, inclusive of late penalty rules and regulations, specifically the imposition of a ten percent (10%) penalty fee for late water charges, now therefore be it

RESOLVED, that the Board of Trustees hereby authorizes the imposition of a ten percent (10%) penalty to be imposed on late payment of all municipal charges, specifically on late payment of municipal refuse and sewer charges to be enforced by the authorized, designated members of the Village staff, and be it

FURTHER RESOLVED, that the non-payment of these authorized late payment penalties will also be designated as unpaid refuse charges and sewer rents, and shall be thereby included in the annual tax levy and those amounts shall be levied on the real property in default, and be it

FURTHER RESOLVED, that said ten percent (10%) penalty will be effective immediately, but will not be imposed on municipal property owners an/or district users/subscribers until actual notice is provided to affected property owners by the municipality.

Dated: Brewster, New York

April 5, 2006

AYES: 4 NAYS: 0 ABSENT: 0 ABSTAIN: 0

9:40 p.m. – Five minute break

9:45 p.m.

7. Adopt the minutes of the meeting of 15 March 2006.

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the minutes of the meeting of the Trustees held 15 February 2006 and 1 March 2006. Stephen Fasano seconds it. Ayes 4 Nays 0 Abstain 0 Absent 0

8. Approve Correspondence Sent/Received for March 2006

On a motion by Stephen Fasano, duly constituted Board of Trustees of the Village of Brewster hereby accepts the Correspondence Sent & Received for March 2006.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent _____

9. Building Inspector's Report

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the Building Inspector’s Report submitted 5 April 2006.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent _____

10. Code Enforcement Officer's Report

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the Code Enforcement Officer’s Report submitted 5 April 2006.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent

11. Resolution for Village Justice O’Rourke

12. Resolution for grant writing

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes J. Robert Folchetti, Associates to write grant applications on behalf of the Village of Brewster relating to the Village Constable Program.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent

13. Resolution for Garden Street School parking

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the suspension of normal parking regulations on Garden Street, Prospect Street and Eastview during the hours of 8:00 AM and 4:00 PM on Thursday, 4/6/06, Thursday, 6/1/06, and Monday 6/12/06 with the exception of blocking the fire hydrants, for the convenience of parents attending special events at Garden Street School.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent

14. Resolution to appoint three (3) constables

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Village Clerk to appoint the following three individuals who have passed a background check, as constables for the Village of Brewster. They will not be on the payroll until all necessary paperwork has been completed.

Wayne Peiffer

Kristi Schulze

Christopher Hassan

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent

15. Discuss Jack Gress’s comments to the board regarding Re-Zoning laws.

16. Discuss Local Law to tax private parking

17. Muni-meters to replace Duncan head parking meters

18. Increase commuter parking fees by 33%

Mayor Degnan makes a motion to increase commuter parking fees by 33% by the next billing cycle. Teresa Stockburger seconds it. All in favor, 4 ayes.

19. Parade Permit for Brewster Little League.

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Village Clerk to issue a Parade Permit to Brewster Little League for the 22^nd day of April, 2006 from 10:00 AM - 11:00 AM along a route from Electrazone Field to RR Street to Main Street, ending at Markel Park. The Brewster Little League will be responsible for arranging parade route security with the Sheriff’s Department, and notifying the Brewster Fire Department when streets along the parade route will be closed. Rain date is set for the 23^rd day of April, 2006 from 2:00 PM – 3:00 PM.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent _____

20. Parade Permit for the Village of Brewster – Earth Day

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Village Clerk to issue a Parade Permit to the Village of Brewster for the 22^nd day of April, 2006 from 1:00 PM – 3:00 PM along Main Street from the area of Bob’s Diner to Oak Street. The Village of Brewster will be responsible for arranging parade route security with the Sheriff’s Department, and notifying the Brewster Fire Department when streets along the parade route will be closed. Rain date is set for the 23^rd day of April, 2006 from 4:00 PM – 6:00 PM.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent _____

21. Parking Report for March 2006

Total Rented Spaces = 328

Total Monies Collected = $10,158.55

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the Parking Report for March, 2006.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent _____

22. Justice Report for March 2006

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the Justice Report submitted for March 2006 in the amount of $18,264.90.

Seconded by ________________. Ayes______ Nays________ Abstain______ Absent _____

Public Comment.

Other Business

Adjournment

LOCAL LAW ONE OF 2006

A Local Law to Amend Article II of the Village Code of the Village of Brewster, New York: Sidewalk Repair and Maintenance

The Board of Trustees of the Municipal Corporation of the Village of Brewster, New York, duly constituted, did convene on the 5^th day of April 2006, after a public hearing held on the 5th day of April, 2006, called after ten days public notice as required by law, and deeming it expedient or desirable for the safety, health, comfort, and general welfare of its inhabitants as provided for in New York State Village Law Section 4-412 (1), after a vote of the majority vote of said duly constituted Board of Trustees, an act to amend the municipal code of the Village of Brewster, New York in the manner described herein.

Section 1: Definitions

SIDEWALK: That portion of a street between the curb lines and the adjacent property lines intended for use by pedestrians and commonly limited to non-vehicles, as the term “vehicle” is defined by section 159 of the New York State Vehicle and Traffic Law.

Section 2: Article 149-7, 149-8 and 149- 9 read as follows:

S 149- 7. Responsibility of owners and occupants.

A. The owners and occupants of properties adjoining sidewalks commonly used by the public in the Village of Brewster shall keep such sidewalks in repair and free and clear of snow, ice, dirt and other obstructions. With respect to the clearing of snow and ice removal, such must be removed within twelve (12) hours after such snow or ice has accumulated. All other repairs and maintenance shall be performed within a reasonable time period.

S 149-8 Non-compliance; penalties for offenses

A. In default of such repair or removal of obstructions as required, the Village may effect such repair at the expense of such owner or occupants, and the charges therefore shall be a lien upon the premises until paid.

B. Any person committing an offense against any of the provisions of this Article shall be guilty of a violation and upon conviction thereof, shall be punishable for each offense by a fine of not more than two hundred fifty ($ 250.00), or by imprisonment for not more than fifteen (15) days, or both.

S 149-9. Appearance tickets

This Article shall be enforceable by the Village of Brewster Highway Superintendent, who is hereby authorized to issue and serve an appearance ticket with respect to a violation of this Article.

Now amended to read as follows:

S 149- 7. Responsibility of owners and occupants.

A. The owners and occupants of properties adjoining sidewalks commonly used by the public in the Village of Brewster shall keep such sidewalks in repair and free and completely clear of snow, ice, dirt and other obstructions. With respect to the clearing of snow and ice removal, such must be removed within twenty four (24) hours after the period in which such snow or ice has accumulated. All other repairs and maintenance shall be performed within a reasonable time period.

S 149 -8 Noncompliance; penalties for offenses.

A. In default of such repair or removal of obstructions as required, the Village may effect such repair or removal at the expense of such owner or occupants, and the charges therefore shall be a lien upon the premises until paid.

B. Any person committing an offense against any of the provisions of this Article shall be guilty of a violation and upon conviction thereof, shall be punishable for each offense by a fine of not less than forty five ($45.00) dollars and not more than two hundred fifty dollars ($ 250.00), or by imprisonment for not more than fifteen (15) days, or both.

S 149-9. Appearance tickets

This Article shall be enforceable by the Village of Brewster Highway Superintendent and Code Enforcement Officer, and/or Village Constabulary, who are hereby authorized to issue and serve an appearance ticket with respect to violation(s) of this Article.

S 149-10 Superceding effect

This Local Law shall replace, and completely render null and void Local Law Number Two of 2001.

Section 2: Effective Date

This Local Law shall take effect immediately upon filing with the Secretary of State.