VILLAGE OF BREWSTER BOARD OF TRUSTEES

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The Board of Trustees of the Village of Brewster held a Regular Meeting on 2 August 2006 at Village Hall, 208 Main Street, Brewster, New York.  The meeting was called to order at 7:30 P.M. by Mayor Degnan.  Present were Mayor Degnan, Trustee/Deputy Mayor James Schoenig, Trustee William Banks, Trustee Terri Stockburger, Trustee Yoshihiko Ito, Engineer John Folchetti, Counsel Gary Kropkowski, Treasurer Mike Santos and Clerk Bernadette.
7:30 P.M. – Mayor Degnan makes a motion to open the Public Hearing.  Williams Banks seconds it.  All in favor, 5 ayes. 

PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Brewster will hold a Public Hearing on Wednesday, August 2, 2006, at 7:30 P.M. or as soon thereafter as time permits, at Village Hall, 208 Main Street, Brewster, NY, on a proposed Security Camera System. 

Mayor Degnan doesn’t have enough information to speak about costs.

Denis Castelli states that usually one member of the Board can bring information to the table. 

Mayor Degnan asks if there is anyone who would like to take it on as a project. 

William Banks and Terri Stockburger decide to work together. 

Mayor Degnan makes a motion to continue the Public Hearing on the proposed security camera system.   

7:34 p.m. – Mayor Degnan makes a motion to open the Public Hearing.  James Schoenig seconds it. 
PLEASE TAKE NOTICE, that the Board of Trustees of the Village of Brewster will hold a Public Hearing on Wednesday, August 2, 2006, at 7:30 P.M. or as soon thereafter as time permits, at Village Hall, 208 Main Street, Brewster, NY, on Proposed Local Law No. 2 of 2005, Neighborhood Preservation
Mayor Degnan asks Gary Kropkowski to weigh in on questions set to him from Yoshi Ito, Trustee. 
Terri Stockburger asks about a sub-committee to decide on how many man hours will be used to enforce this law.  This would be something that can’t be done at this meeting.
Mayor Degnan:  First, it would have to determine if it’s a good law. 
Terri Stockburger:  Yes, but this can be done in parallel. 
Mayor Degnan:  The Constable department represents 120 hours per week.  The idea is to get the Constables to assist the building inspector and the code enforcer.  We have the man power and the resources, the question is what type of management we can bring with scheduling and cooperation between the inspectors and the constables. 
William Banks:  You’re proposing that the next meeting, we’ll have a better projection as to how it will clearly be run.  This would include talking to Bruce. 
KC Anderson:  Are there particular areas targeted, or is this a general law? 
Mayor Degnan:  The law comes out of Brookhaven.  ON paper, it looks like a smart way to deal with fire and safety.  But when they tried to implement the law, they called it Operation Grand Slam – and created controversy in the community and had a Civil Rights Law suit against them.  We’d like to share the same idea that the Town of Southeast has.  The important thing that I see in the law is registration.  A local contact.  Right now, there are many properties owned by corporations where writing tickets is a longer process.
Yoshi Ito:  We’ve looked at two components – property up keep standards and rental registration.  The town of Southeast has taken the registration component without property up keep.  We might want to pick one of those components which would allow less man hours for enforcing.
Mike Santos:  We looked at the Town of Southeast because it was similar.  Brookhaven’s law was based on selective enforcement.  Our idea of water consumption use is less targeted. 
Mark Anderson:  It is so hard being a landlord in this community when you’re doing the right thing.  I have rentals in other towns which require registration laws.  I want this to happen very badly.  Everyone in the entire Village needs to scrutinize.  There are many homes that I know of being billed for one unit, yet are being rented out by the bedroom.  We need to pass this law in the worst way.  We need to get into the face of the people who are not cooperating.  I’d rather have the law and find sins in my own property, than not have it.  Making the fines should be very high.  There is no incentive to do the right thing, because I’m still being charged, per unit, no matter how many people I have in my house. 
For example, I’ve heard that we could do the rate of charge, by the number of bedrooms in the residence.  Charging larger fees for a larger unit is realistic.  It’s time to stop penalizing the people that do the right thing.  Charging for the use of water is the right thing.  Many towns follow the New York State fire and safety code and upon inspection, other things are found wrong, including 25 mattresses in a room.  Board members, included, need to open their homes to inspectors. 
Rick Stockburger:  I spent the afternoon at the assessor’s office in the Town of Southeast.  For every tax property, there is a printed page with pictures.  As a start, if we approach the assessor and ask for a printout.
Mayor Degnan:  We’ve been asking them for months for that information on a disk. 
Rick Stockburger:  I’m all for single-family residence being included on this registration law. 
Mark Anderson:  New York State regulates that law. 
Terri Stockburger:  Please call this number… for your inspection.
Mayor Degnan:  The inspectors are bound by law to report anything they see wrong…
Denis Castelli:  The Village hall database can send a mailing to every residence a questionnaire to ask about bedrooms and a sequence we can follow from the meter reading route.  This would keep you out of the selective enforcement issues, correct?
Gary Kropkowski:  I could be discriminatory in the way that it is enforced.  If you can say that everyone in the municipality has to comply with this for the health, safety and welfare of the residence. 
Mark Anderson:  Being universal, maybe it’s time to have more routine inspections of the businesses which may risk the safety of the residence who live upstairs. 
Mayor Degnan:  In the past, we did not have the power.  The Constables are now available to help with this. 
Carol Actis:  I just have one problem:  bedroom occupied.  You have to do it by mattresses – not by bedroom.  I look out my window I can see the mattresses.  There is no bedroom per person. 
Mark Anderson:  No one in an official capacity is looking out for them.
Carol Actis:  Well, I’m looking.
Mark Anderson:  There should be a way to file complaints and have a form to do it. 
John Degnan:  We do have a complaint form manned by the clerk’s in the village.  The written complaint with names attached, give us the grounds or probable cause, to inspect on that complaint.
Mark Anderson:  Does the FOIL law allow you to see who complains?
Mayor Degnan:  Yes.
Jack Gress:  I am obligated, by state property law #233, to give names and addresses to give names and addresses of all rental occupancies to the state.  This can be enforced to all people who are in the Village equally. 
Mayor Degnan:  No one on this board is not against it.  We have many priorities, including the Operations and Maintenance agreement for the WWTP.  I’d like to see this on the next meeting ready to vote. 
Yoshi Ito:  If you’d like, I can work with Gary on this.   In two weeks?
Mark Anderson:  I’m assuming that the Constables are seeing the same thing as I am in their travels.  Are they bringing this information forward?
Mayor Degnan:  I have specifically asked them to look for air conditioners in attics and basements.  In the past couple of months, Bruce has shut down a few apartments.  I’m in favor of having all dwellings inspected.  Yes, there are some being run as boarding houses. 
Two weeks from now, I hope they’ll have the wording down.
Jack Gress:  When someone is let in your home, the assessor’s office doesn’t have to come inside. 
Mayor Degnan:  If there is a complaint, there is probable cause. 
Jack Gress:  As the owner, I can kick you off my property?  Is that how it works?
Mayor Degnan:  Without having probable cause; an application for a search warrant complies with the State of New York. 
Is there any other comment?  I make a motion to continue the Public Hearing on August 16, 2006.  Terri Stockburger seconds it.  All in favor, 5 ayes. 


  1. Public Comment – None

Jackie Boysenou:  Sidewalks – not all of them are fixed. 
Mayor Degnan:  The ones that were damaged were the ones that they are fixing. 
Jackie Bouysenou:  That is not true. 
John Folchetti:  Some of the sidewalks have been done.  From a project-wide restoration – that is a punch list. 
Mayor Degnan:  Who is the contact person to be sure that someone’s sidewalk will be on that list?
John Folchetti:  278-1822 – Guy Cilenti
Walter Schmitt:  Didn’t you get money from Sue Kelly to repair the sidewalks?
Mayor Degnan:  It’s down to about $775,000 – needed to be used for some type of transportation in the Village.  It was decided to be used on Route 6 sidewalks.  There are about 5,000 linear feet of sidewalks that money will be used for.  We still need to work with NYS DOT and they are the agency who is using those funds.  The money is there, but we have to continue working with NYS DOT to get the money freed up.  One of the important things to know – is that we could take years to repair the pipes, we definitely need to sidewalks and roads to complete the job. 

  1. Executive Session – TABLED to END #24
  2. John Folchetti of JRFA – Waste Water Treatment Proposal O&M Proposals –

An extension of the proposal was not agreed to because of the importance of the start up date.  After reviewing the proposal received from Severn Trent, we feel that they are the most qualified of the companies that arrived at the meeting and they are the only company that sent information and 10% under budget with the NYS $400,000.
Mayor Degnan makes a motion to authorize the Village Engineer to enter into negotiations with Severn Trent with Mayor Degnan to assist as a negotiator.  Terri Stockburger seconds it.  All in favor, 5 ayes.   
August 16, 2006 – date for contract award. 
First contract is for a year, with a renewal after that.        

  1. Founder’s Day – October 1, 2006

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster on behalf of the Coalition for a Better Brewster hereby authorizes over time pay for the Department of Public Works to assist in the setting up of road blocks, dispensing of garbage, and any other related work for Founders Day on October 1, 2006. 

            Seconded by Terri Stockburger.  Ayes 5 Nays 0 Abstain 0 Absent 0

  1. Ray Durkin – Penalty fee –  properties 56.82-1-18 & 56.82-1-6

5 Properties on Main Street – started with Cathy, then Mrs. Jewell, now Bernadette.
One of the properties immediately got the meter installed.  Two of the properties did not get the meters installed until after the penalty was assessed. 
Mr. Durkin has been diligent in getting the meters.  The idea of the penalty was to get the attention of the people who did not get the meter. 
Mayor Degnan makes a motion to instruct the Treasurer to notify the County that $6,600 is billed in error to Ray Durkin for penalties.  James Schoenig seconds it.  All in favor 4 ayes, Yoshi Ito Abstains. 

  1. 55 Main Street – Respiratory Specialists & The Whistle Stop - # of units billed – see letter

Mike Santos:  This is a building that was approved as two apartment units.  There are six rooms upstairs with a lock, small kitchen area, and microwave. 
Mayor Degnan makes a motion to bill them as six units for refuse at 55 Main Street.  James Schoenig seconds it.  All in favor, 5 ayes. 

  1. Resolution for Refuse Billing on: 
    1. Landmarks Preservation Society – 1 unit
    2. 8 Hoyt Street – 7 units (pending inspection)
    3. 206 Main Street – 3 units – (waived pending inspection)
    4. 55 Main Street – 7 units

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the Clerk to add Refuse Billing to the above mentioned accounts immediately as discussed.     
                  Seconded by Terri Stockburger.  Ayes 5 Nays 0 Abstain 0 Absent 0

  1. Refund for double payment on refuse bill.

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby approves the refund of overpayment of refuse fees to Crystal Rodgers in the amount of $330.52 paid by check no. 477 & 7480 on 4/26 & 6/22.  
                  Seconded by William Banks.  Ayes 5 Nays 0 Abstain 0 Absent 0

  1. 151 Main Street - Discussion of Debris

Mayor Degnan states that he has spoken to Bruce and regular inspections that should be taken place. 
William Banks:  Does he have the C of O for the office?
Mayor Degnan:  No
William Banks:  Next step is to have Bruce inspect the property?
Mayor Degnan:  Yes

  1. Update on Water Meters – 7 buildings still without meters in the Village

Mayor Degnan makes a motion to charge the six properties with a $3,000 penalty fee with no meter (excluding 50 Main Street) immediately and with every water bill sent out after that, until a water meter is installed.  James Schoenig seconds it.  All in favor, 5 ayes. 

  1. Renew contract for Village Cell Phones – Verizon –vs- Nextel - TABLED
  2. Credit Card Policy - TABLED
  3. Muni-Meters – Parking Law Changes

Discussion on Muni Meters – Digital – waiting for sales rep to bring information and quote.
Yoshi Ito will review the 1978 Parking Law

  1. Team Brewster Update

Mayor Degnan:  Bob Morini doesn’t’ see the cost effectiveness of refurbishing the entire movie theater, however, will re-do the façade and allow the Constabularies to use the front playroom for office space.  We’re still waiting to hear back from him. 

Carol Actics:  Bob Morini is taking too long and is working very slowly on the appropriations. 
Mayor Degnan:  The grant is $200,000 as a reimbursement, with the work shown.
William Banks:  Through the press, it shows that Team Brewster is running the Village.  Is Team Brewster getting Bob Morini to fix up the façade?  If so, then why isn’t it done?  I think Team Brewster is a great organization, but we need to keep abreast of what is being done. 
Mayor Degnan:  Team Brewster did get close to $1million in grant money to the Village.   We don’t measure success and failures by money, we measure it by building a consensus and what is done with the money.  This board doesn’t have the ability to speak to the County Executives, the Senators, and the State Assemblyman.  That one meeting a month with Team Brewster allows everyone to get together as stakeholders in the Village.  This board is what it takes to run this community, but the representation from all those in government, at that meeting once a month. 
William Banks:  I don’t disagree.  A report now and then is useful.  I think I saw a story online written by a Danbury reporter, condemning them for making a shelter in the Village of Brewster.  The Village does not have one – where did he get this information?  Congratulations to Team Brewster.

Mayor Degnan:  Shows a letter from Senator Schumer’s office regarding the purchase of 50 Main Street and the joint effort with the Putnam County Senior Housing group. 

  1. American Flags for Main Street – Where, what, how, when?

Mayor Degnan authorizes the Village Clerk to solicit the price of flags from a number of vendors.  The Village Clerk can also solicit Verizon, Jim Salmon, regional contact for NYSEG, regarding community service in help with flags for the Village of Brewster.

  1. Brewster Little League – Proclamation

In Recognition of the Brewster Little League Girls Softball team, the officials of the Village of Brewster proclaim their praise and appreciation for the accomplishments in succeeding as one of the final four teams in the New York State Girls Softball Finals.  Congratulations to everyone on this Great Team.  The Board of Trustees of the Village of Brewster Applauds Your Efforts.

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx  Get information……
Terri Stockburger seconds it.  All in favor, 5 ayes. 

  1. Brewster Little League – Suspend Parking Regulations

On a motion by ________________, the duly constituted Board of Trustees of the Village of Brewster on behalf of the Brewster Little League Association hereby authorizes the Village Constables and Parking Enforcement Officers to suspend Village parking rules & regulations during the time period of August 4, 2006 through August 9, 2006 on the following streets and areas:  North Main Street, Michael Neuner Drive, Center Street, Wells Street and Oak Street.  Parking rules for safety and welfare of the community, including but not limited to, blocking a fire hydrants, blocking side streets and blocking private drives are not included in the six day parking rule suspension. 

      Seconded by Terri Stockburger.  Ayes 5 Nays 0 Abstain______ Absent _____

  1. Reply letter to Environmental Consultants – as per John Folchetti’s notes. 
  2. Justice Report

      Justice Report for July 2006

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the Justice Report submitted for July 2006 in the amount of $6,475.00.

      Seconded by James Schoenig.  Ayes 5 Nays 0 Abstain 0 Absent 0

  1. Correspondence Received & Sent

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby accepts the Correspondences Received and Sent Report for June 2006.

      Seconded by Terri Stockburger.  Ayes 5 Nays 0 Abstain 0 Absent 0

  1. Technical & Performance issues with Harris Software – largest problem with the firm we are currently using as computer consultants.  Not getting response time’s equivalent to our needs and other issues. 

Terri Stockburger makes a resolution to have Mike Santos call John Imor to meet and discuss the matters of services with the Village of Brewster and Brewster Technology.  Mayor Degnan seconds it.  All in favor, 5 ayes. 

  1. Toshiba 282 Document Management System

On a motion by Mayor Degnan, the duly constituted Board of Trustees of the Village of Brewster hereby authorizes the purchase/lease of NYS Contract item #PC 59471 – Toshiba e-Studio 282 Document Management System at a purchase price of $6,177.00.  An additional cost of $955.00/year will be charged for service & supplies (excluding paper & staples). 
            Seconded by William Banks.  Ayes 5 Nays 0 Abstain 0 Absent 0

  1. Adopt-A-Highway – Denis Castelli

Four Adopt-A-Highway signs in the Village of Brewster with four clean ups per year. 
Terri Stockburger makes a motion that the Village of Brewster adopts the Adopt-A-Highway program.  James Schoenig seconds it.  All in favor, 5 ayes. 
Other Business
Mayor Degnan reminds Terri Stockburger to look into the Trash Bins for the Village of Brewster. 
Mayor Degnan refers to the documents from the attorneys for the purchase of 50 Main Street and asks the Trustees to read and weigh in via e-mail, if necessary.
William Banks speaks of two fences going up on Oak Street.  Don’t they need a waiver and a permit? 
James Schoenig:  I asked Bruce and I am waiting to hear from him. 
Mayor Degnan:  Bruce needs to be here at the next meeting. 
Public Comment

  1. 10:25 p.m. – Mayor Degnan makes a motion to go into Executive Session.  William Banks seconds it.  All in favor, 5 ayes. 

10:30 p.m. – Mayor Degnan makes a motion to exit Executive Session and resume the Public Meeting.  Terri Stockburger seconds it.  All in favor, 5 ayes. 
Mayor Degnan wants the Village Board to attend the Waste Water Treatment Plant opening.  Need to ask John Folchetti about a date. 
10:35 p.m. – Mayor Degnan makes a motion to adjourn the regular meeting.  William Banks seconds it.  All in favor, 5 ayes. 

10:35 p.m. - Meeting Adjourned