DRAFT

Village of Brewster – Board of Trustees

REGULAR BOARD MEETING

April 19, 2006

MINUTES

 

 

Pledge to flag

 

 

The Board of Trustees of the Village of Brewster held a Regular Meeting on 19 April 2006 at Village Hall, 208 Main Street, Brewster, New York.  The meeting was called to order at ____ P.M. by Mayor John Degnan.  Present were Mayor Degnan, Trustees William Banks,  Stephen Fasano, Terri Stockburger, Trustee and Deputy Mayor James Schoenig, Engineer John Folchetti, Treasurer Mike Santos, and Clerk Bernadette Martabano.  Counsel Gary Kropkowski, absent. 

 

  1. Public Comment

 

  1. Engineer’s Report

 

Mayor Degnan makes a motion to allow the Village engineer to solicit bids for a municipal wide sewer connection.  Stephen Fasano seconds it.  All in favor, 5 ayes. 

 

Rezoning law has been accepted by the county. 

 

  1. Water District

a)       Rates for balance of 05-06 FY

            Lengthy Discussion.

Mayor Degnan makes a motion to accept the rate table for the remainder of the 05/06 fiscal year as discussed.  Teresa Stockburger seconds.  All in favor, 5 ayes. 

Water rates for balance of 2005-2006 Fiscal Year:

 

Fixed rate (in village)  -  no meter, broken meter, bad reading, short reading

$1,200 per year ($600 per unit for this billing)

 

Fixed rate (out of village) - no meter, broken meter, bad reading, short reading

$1,500 per year ($750 per unit for this billing)

 

Peaceable Hill Water District

.015-cents per gallon for 100% of usage

 

Metered Water Rate (in or out of village)

$12.50 per month for Hook-up (($75 this billing) Charged only to metered accounts.

.0125-cents per gallon for first 25,000 gallons

.015-cents per gallon from 25,001 to 125,000

.025-cents per gallon over 125,000

 

b)       Legislation to penalize tampering with or disconnecting meters

                        Set a Public Hearing to adjust Local Law 4 of 1999 for May 17, 2006. 

c)       Letter from Nathan Jacobson & Associates asking to direct JRFA to review February 1990 Engineering report regarding pumping station for Peaceable Hill Water district.

            JRFA will submit the letter. 

d)       Waiver of penalties for late payment until 21 April 2006 due to death of former mayor and resultant closure of Village Hall. 

Mayor Degnan makes a motion.  Stephen Fasano seconds it.  All in favor, 5 ayes. 

 

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Village Treasurer to waive and refund late charges on any and all water bills received and receipted on or before 4 PM on 21 April 2006.

 

Seconded by Stephen Fasano.  Ayes 5 Nays0 Abstain 0 Absent 0

 

a)       Resolution giving formal notice to Town Board on Route 6 Water Leak [see below]

 

      4.   Request for Waiver of Moratorium

a)   Murello – build new one family house at vacant property landlocked on Prospect Street.  Murello decides to wait for the moratorium to be lifted.  No vote.                               

            b)   Cullen – sub-division of 71-73 Oak Street [as per Planning Board instruction]

            Separate the buildings that exist on the property.  Rezoning issue.  Cullen decides to wait until the moratorium is lifted.  No vote.

 

      5.   Approval of Vouchers for Accounts Payable April, 2006

 

On a motion by Stephen Fasano, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Village Treasurer to pay vouchers in the following amounts: General Fund: $63,496.66; Water Fund: $11,955.04; Sewer Fund: $9,835.10; Waste Water Capital Project: $921,865.67; Potable Water Capital Project: $93,013.53.

 

Seconded by Mayor Degnan.  Ayes 5 Nays 0 Abstain 0 Absent 0

 

      6.   Sewer District

            a) House Connections Bid Process

            b) Earth Day arrangements

           

      7.   Refuse District – recent change of vendor by Putnam County…can we re-bid contract?       

            TABLED

           

      8.   Adopt the minutes of the meeting of 5 April 2006.

 

On a motion by Stephen Fasano, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the minutes of the meeting of the Trustees held 5 April 2006 .

 

Seconded by Mayor Degnan.  Ayes 5 Nays 0 Abstain 0 Absent 0

 

      9.   Discussion of possible Amendments to New Zoning Law

                        Discussion

      10.   Discuss Local Law to tax private parking

                        TABLED

      11.  Muni-meters to replace Duncan head parking meters

                        Board asks for someone to present more information at a meeting.

      12.  Resolution to dispose of obsolete and excess public property

 

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Village’s Director of Public Works to dispose of a mud pump which is no longer operational, and which this Board has determined has no commercial value.

 

Seconded by William Banks.  Ayes 5 Nays 0 Abstain 0 Absent 0

 

      13.  Resolution to award high bid on Dump Truck

 

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Clerk to award the bid from James P. King, in the amount of $7520.00, on a certain 2000 Chevrolet Dump Truck [3500 Series], Vehicle Identification Number 1GBJK34J7YF452415.  The Clerk, upon receiving good funds for the entire amount of $7520, will execute the certificate of title on said motor vehicle in favor of the purchaser, and will note on the title that the purchaser is buying the vehicle in “as is” condition.

 

Seconded by Stephen Fasano.  Ayes 5 Nays 0 Abstain 0 Absent 0

 

      14.  Resolution authorizing Proclamation honoring former mayor John Cesar [see below]

 

      15.  Day Laborer Station – Discussion for a site in the parking lot of Village Hall.

 

William Banks makes a motion to put the Day Laborer site at the Village of Brewster parking lot.  Teresa Stockburger seconds it.  Ayes 0 Nays 5 Abstain 0 Absent.   No acceptance. 

 

Teresa Stockburger makes a motion to ask the county for the use of the property at the Records Center on Marvin Avenue as a suggested Day Laborer Pick-Up site.  William Banks seconds it.  Ayes 5 Nays 0 Abstain 0 Absent 0 

 

      Public Comment.

 

      Christine Piccini:  What about the minutes on the website.  They’re coming.

 

Jack Gress:  Has the board had a discussion on how the manufactured community will be connected to the sewer based and water pipes on his letter from the prior week?  Village Engineer, JRFA replies to Mr. Gress with information on construction and contracts. 

 

Denis Castelli:  Earth Day Arrangement:  Brewster IES has a check for $500 for brooms, shovels, etc.  Want to pay the expense. 

 

Other Business.

 

RESOLUTION

 

Resolution this 19th day of April, 2006 for the indemnification and defense of Denis Castelli by the incorporated municipality of the Village of Brewster, New York, motion for by Mayor Degnan; seconded by Teresa Stockburger:

 

WHEREAS, the Village of Brewster (the “Village”) currently maintains a Village staff, inclusive of consultants advising as necessary the Village Board of Trustees for all matters affecting the health, welfare and safety of the citizens of this community, and

WHEREAS, on or about December 5, 2005 the Village Board of the Village of Brewster of New York requested that Mr. Castelli serve in the capacity of municipal consultant for computer and information technology, said position to be held without remuneration by the municipality to Mr. Castelli and

WHEREAS, from time to time as has and shall become necessary during the course of this consultancy Mr. Castelli undertakes on behalf of the Mayor and the Village Board such administrative efforts and tasks that could be the cause of opposition to municipal administrative efforts with resultant litigation and/or other action against the Village and potentially against Mr. Castelli individually,

NOW, THEREFORE, BE IT RESOLVED:  that in consideration for the professional  services that have been and will be provided, the Village agrees to entitle Mr. Castelli as an unpaid employee of the Village, and as such to the full indemnification and defense provisions in the Village Code at Section 12, and be it

FURTHER RESOLVED:  that said employment implies inclusion in any Village meeting of the Village Board during which any such administrative matter in which the requiring Mr. Castelli’s involvement, either actively or otherwise, is under discussion or review; and further authorizes Castelli to identify himself on the record on behalf of the Village, shall similarly indemnify, defend and hold Denis Castelli harmless from any resulting legal, equitable and adverse administrative action to which he may be subject on any action undertaken on behalf of the Village, except that same indemnification shall not attach for any conduct of Mr. Castelli that is criminal, recklessly negligent or for willfully harmful behavior; The provisions of this Resolution are declared to be severable and 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; and be it

FURTHER RESOLVED that a copy of this resolution be provided as soon as possible to the Spain Agency, the Village’s municipal insurance agent for inclusion with the Village’s insurance and indemnity coverage parameters

The effective date of this Resolution shall be immediately upon its passage by the Village officials.

 

Brewster, New York

April 19, 2006

 

AYES: 5                                                                       NAYS: 0

 

ABSTENTIONS: 0

 

ABSENT: 0

                                                                       

Mayor Degnan reads it.  Teresa Stockburger seconds it.  All in favor, 5 ayes. 

 

Alex Mancone updates the Board on the Constabulary program.  INSERT INFO

 

Alex Mancone asks the board’s permission to appoint our current Parking Officer Dave Dirienzo as Constable, not to be paid as a Constable until the program is fully implemented.  Mayor Degnan makes a motion to accept Alex’s request.  Teresa Stockburger seconds.  All in favor, 5 ayes. 

 

            Adjournment

 

10:00 p.m. – Mayor Degnan makes a motion to adjourn the meeting.  Teresa Stockburger seconds it.  All in favor, 5 ayes.

 

 

 

 

RESOLUTION

 

The duly constituted Board of Trustees of the Village of Brewster, met in a regularly scheduled meeting held at Village Hall on the 19 day of April, 2006.  Upon a motion by Mayor Degnan, and seconded by William Banks, the following Resolution was adopted:

 

WHEREAS, the Village’s Director of Public Works has informed the Board of Trustees that a serious leak exists in a private water main located just west of the Village’s border on Route 6 [Carmel Avenue]; and

 

WHEREAS, in a 1979 ruling by the New York State Department of Audit & Control, it was determined that the Village of Brewster has no responsibility for private water mains outside its borders; and

 

WHEREAS, the leak constitutes a clear and present danger to the water supply of the Village of Brewster; and

 

WHEREAS, the mayor of the Village has given verbal notice to responsible Town officials of this leak, including Mr. John Dunford, the Town Supervisor and Mr. Michael Levine, the Town’s Special Districts manager; and

 

WHEREAS, a reasonable period of time has passed since such notification, and the Town of Southeast has not fixed the leak in its private water main

 

NOW, THEREFORE, the Board of Trustees of the Village of Brewster hereby

 

RESOLVES that the mayor of the Village is hereby authorized to terminate water supply to that portion of the Town of Southeast affected by the leaking main at any time when, at the mayor’s sole discretion and judgment, the leak would compromise the integrity of the water supply of the Village of Brewster, and it is further

 

RESOLVED, that formal notice of this Resolution shall be delivered to the government of the Town of Southeast in the following manner: First, that the Village Clerk will hand deliver a certified copy of this Resolution to Town Hall, 1 Main Street, Brewster, New York, 10509, no later than the close of business on Thursday, 20 April 2006; and second, that the Village Clerk will transmit a second copy of the certified Resolution to Town Hall, at the address above, via the United States Postal Service, Certified Mail, Return Receipt Requested.

 

Ayes:    Teresa Stockburger

            James Schoenig

            William Banks

            Stephen Fasano

            John Degnan

Nays     -

Abstain -

 

 

RESOLUTION

 

The duly constituted Board of Trustees of the Village of Brewster, met in a regularly scheduled meeting held at Village Hall on the 19 day of April, 2006.  Upon a motion by Mayor Degnan, and seconded by William Banks, the following Resolution was adopted:

 

WHEREAS, John Cesar passed away on 9 April, 2006, at the age of 88; and

 

WHEREAS, John Cesar served faithfully as the mayor of the Village of Brewster for five terms totaling ten years of devoted service to the Village, its government, and its citizens; and

 

WHEREAS, the Board of Trustees sees it as fitting and proper that the dedicated service of John Cesar be recognized by the government of the Village of Brewster

 

NOW, THEREFORE, the Board of Trustees of the Village of Brewster hereby

 

RESOLVES that the mayor of the Village shall issue a suitable Proclamation honoring John Cesar’s efforts and contributions to the Village of Brewster, and it is further

 

RESOLVED, that the Proclamation shall include the following sentiment: “John Cesar, former mayor of the Village of Brewster, was the Village’s foremost defender, advocate and booster.  The citizens of Brewster will remember his devoted public service and his unfailing humanity.” And it is further

 

RESOLVED, that such Proclamation shall be publicly posted, and that the Clerk of the Village shall cause copies of the Proclamation to be delivered to John Cesar’s daughter, and to the Elks’ Lodge # 2101, Brewster New York, and to other persons that the mayor may deem appropriate.