MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MAMARONECK HELD ON MONDAY, DECEMBER 10, 2007 AT 7:30 P.M. IN THE COURTROOM AT VILLAGE HALL, MAMARONECK, NEW YORK
PRESENT: Mayor Kathleen Savolt
Trustees Thomas A. Murphy
Toni Pergola Ryan
John M. Hofstetter
Randi Robinowitz
Village Manager Leonard M. Verrastro
Interim Village Attorney Steven Silverberg
Police Chief Edward Flynn
Clerk-Treasurer Agostino A. Fusco
ABSENT: None
PUBLIC HEARING
There was a Public Hearing scheduled on Proposed Local Law 16-2007, amending Section 254-3 (Specific Prohibitions) of Chapter 254 (Noise), which needs to be tabled, as there were changes to the proposed law and to give the two new Board members time to get up to speed. This Public Hearing will be noticed when a date is scheduled.
PRESENTATION OF CERTIFICATES OF APPRECIATION
Mayor Savolt presented Certificates of Appreciation to the following list of outgoing Committee and Commission members and thanked each one for their hard work and service to the Village:
Mauro Gabriele – Zoning Board of Appeals
John Knoetgen – Board of Architectural Review
Rev. Marvin Henk – Ethics Committee
Joseph Lanza – Ethics Committee
Franco LaMonica – Budget Committee
Joan Heilman – Committee for the Environment
Anne Marie Terrone – Committee for the Environment
Maria Lago – Council for the Arts
Katherine Hiller – Council for the Arts
Martha McCarty – Harbor & Coastal Zone Commission
Bert Siegel – Harbor & Coastal Zone Commission
Leonard Violi – Planning Board
Paul Ryan – Recreation and Parks Committee
Skip Pennucci – Recreation and Parks Committee
PRESENTATION BY COUNTY REGARDING NEW RECYCLING INITIATIVES
Mayor Savolt welcomed members of the County’s Department of Environmental Facilities. Commissioner Tom Lauro presented the County’s plan for Recycling (Source Separation Law) which is to promote the general health, welfare and safety of citizens of the County and to manage and reduce the amount of solid waste in the County. The law will begin to be enforced on February 1, 2008. Mr. Lauro went over what must be separated. There are Class A, residential and Class B, non-residential recyclables. The County will also have ten dates scheduled for clean up of household chemicals. He also stated that the County had their first E-waste day in the Village of Mamaroneck and they are hoping to hold ten of these days throughout the County in 2008. What is required of haulers was discussed. Haulers are to provide regular, reliable and
separate collection. The waste must be separated at the source and kept separate. If haulers find that waste is not separated, they will have stickers for their use. There will be warning stickers for use before February and then a sticker for use after February 1st at which time the waste will not be picked up. Another requirement of the law is reporting. All municipalities must provide the County with a plan for how they are going to collect and separate the waste. This plan must be submitted every three years. There is also a required annual report of what has actually been recycled and how this compares with the plan.
Mr. Lauro stated that the County is not requiring clear bags be used for waste, however, it is a good idea as the hauler or municipality can easily see if waste has been separated. The County is proposing putting recycling containers next to street waste containers. He stated that there is a State Assistance Program for Waste Reduction and Recycling which will reimburse a municipality 50% of what they have paid for recycling containers or vehicles, going back three years. Mr. Lauro informed the Board that there will be reports given to municipalities informing them of the recycling pattern over the past three years. Village Manager Verrastro stated that since the Village has gone to a weekly pickup of recycling, the amount has increased. He believes the Village is above the County average. Mayor Savolt suggested setting goals for the
Village.
Mr. Bruce Berger, Executive Director of the Solid Waste Commission presented next. This Commission licenses private carters in the County and has been in existence since 1999. This past summer, County Executive Spano created the Recycling Enforcement Task Force (RETF) to address the County’s recycling program. This Task Force is comprised of the Solid Waste Commission, Department of Environmental Facilities and Department of Public Safety. Their purpose is to review and evaluate recycling performance throughout the County and to encourage increases in recycling by all sectors. This will be done through education, mass mailings and information on the County’s website. On the website, there will be self audit forms for evaluating progress and a video for use with the form. There will be inspections of transfer stations, looking at
loads being dumped, and violation will be issued after February 1st. The Source Separation Law can be enforced not only by the County, but also by the individual municipalities. If a municipality fines a resident or business, the municipality may keep the fine that is collected. Fines start at $250 for first violation and may be increased up to $1,000. Warning notices, in English and Spanish have been sent to municipalities Departments’ of Public Works. Finally Mr. Berger informed the Board and residents that there are phone numbers for any questions or problems with the program. All of the information presented was given in hard copy to the Board and a copy is filed with the Clerk Treasurer’s office.
Mayor Savolt suggested the Village conduct a self audit of the municipal buildings. Local business will also have to be approached and informed of the Source Separation Law. Mayor Savolt also stated that there is no fee to "tip" recyclable materials. It was also suggested that the local stores carry clear garbage bags, as it easier for the municipality to tell if there are recyclables mixed in.
Glen Tippett inquired if the Village has been in communication with the business along Mamaroneck Avenue regarding their recyclables and suggested it would be a good idea to increase the frequency with which recyclables are picked up. Village Manager Verrastro stated that many of the business use private carters to pick up their waste and they would have to work out these issues with their carter. He also asked about the responsibility in multi-family dwellings. Mr. Lauro stated that the landlord is responsible for providing the space for recyclables to be placed for pick up and for having it picked up separately.
Stuart Tiekert asked if the Village is intending to go with plastic bags. Village Manager Verrastro stated that has not yet been decided.
Allison Stabile appeared and asked who is eligible to receive the 50% reimbursement for the purchase of recycling containers. Mr. Lauro suggested checking with the DEC for the final word, but he believes municipalities, schools and even businesses would be eligible.
Michael Dandry asked if there is a facility at which residents can bring their recyclable materials. Village Manager Verrastro informed him that materials can be brought to the DPW site on Fayette Avenue Monday through Friday from 9 a.m. to 4 p.m. and 9 a.m. to 12 p.m. on Saturday. There are also E-waste pick up days the fifth Wednesday of the month. Residents do have to call DPW to schedule a pick up.
1. COMMUNICATION TO THE BOARD
Mayor Savolt announced that the Board has drafted Meeting Procedures that are suggested by the New York State Conference of Mayors and Municipal Officials. The Board will be reviewing these procedures, and they will be discussed at the first meeting in January. Mayor Savolt also stated that beginning tonight, the Board will be following some portion of Roberts’ Rules of Order. Motions will be made and seconded before discussion occurs. After the Board’s discussions, the motion can be voted on, the motion can be amended, or the issue tabled.
2. APPROVAL OF MINUTES
A. BOT Regular Meeting of September 10, 2007.
On motion of Trustee Ryan, seconded by Trustee Murphy:
RESOLVED that the Minutes of the Board of Trustees Regular Meeting of September 10, 2007 be and are hereby tabled to the Board of Trustee Meeting of January 13, 2008.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
3. AUDIT OF THE BILLS
On motion of Trustee Murphy, seconded by Trustee Ryan:
Mayor Savolt announced that tonight’s Abstract is the first generated by the Village’s new accounting system. Mayor Savolt also announced that the new system does not allow for vouchers to be paid unless there is money in the budget line for the item(s).
Trustee Murphy inquired as to the motion made at the previous meeting that the invoice for Thatcher Proffitt and Wood not be paid until they stipulate that this is all that was owed up to August 31, 2007. Village Manager Verrastro stated that the bill on this abstract was for services in October 2007. Trustee Murphy made a motion not to pay the bill submitted until Thatcher Proffitt and Wood stipulated that this is all that is owed through October 31, 2007.
There were two versions of the abstract submitted to the Board. Clerk-Treasurer Fusco informed the Board that his department is trying out different ways to run the report and he would welcome comment from the Board on which version they prefer.
On motion of Murphy, seconded by Mayor Savolt:
RESOLVED that the Abstract of Audited Vouchers listed below, copy being filed with the Village Clerk, be and the same are hereby ordered paid, with the above stipulation made regarding Thatcher Proffitt and Wood:
General Fund $ 303,969.36
Capital Fund 318,873.74
Mamaroneck Health Center 50.00
Guarantee & Bid Deposit 10,000.00
$ 632,893.10
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
4. OLD BUSINESS
A. License Agreement/1045 Constable Drive – Picket Fence
Interim Village Attorney Silverberg stated that there are corrections to both License Agreements (4A & 4B), both are in Section 5. At the end of the first line, after the word "indemnify" he suggests adding the words "and defend"; in the second line, after the word "claims", he suggest adding the word "costs" and in the third line, "our" should be "or".
Stephanie Gash, from Wesley Stout and Associates, Landscape Architect for the owners of the property, Marc and Kelly Kramer appeared and handed out photos of the site. Mayor Savolt stated that she and other members of the Board have driven by the site as well. Ms. Gash explained that the picket fence is a 3’6" high fence that run along the front of the house. The Kramers would like to place the fence six feet off of the curb, which would leave room for cars parking on the side of the street and snow removal, which would place the fence in the center of the right of way, which is 12 feet from the property line.
Trustee Ryan asked Ms. Gash to clarify which side of the picket fence will face the street as the neighbors were concerned that the decorative side faces out. Ms. Gash stated that both sides of the fence are identical. Trustee Hofstetter asked why not put the picket fence on the property line. Ms. Gash explained that the front yard is narrow and with the property line being 12 feet off the street, it would appear that the fence is running down the middle of the yard. It is strictly for esthetic purposes. Trustee Murphy expressed concern neighbors have with the site view going around the curve. Ms. Gash explained that you could not prune the hedge any more than it already is and the only solution would be to remove the hedging. The Board believes this is not an issue if you are obeying the speed limit.
By motion of Trustee Hofstetter, seconded by Trustee Robinowitz:
RESOLVED that a license agreement to install a picket fence in the Village right of way, as amended by Interim Village Attorney Steven Silverberg, by and between the Village of Mamaroneck and Marc and Kelly Kramer, the owners of the real property located at 1045 Constable Drive be entered into.
Trustee Hofstetter is uncomfortable with placing a decorative fence on Village property. He believes that if the Kramer’s want to put a decorative fence in their front yard, it should be put on their property. Trustee Murphy agreed. Mayor Savolt stated that granting of license agreements is fairly common practice in the Village and she has asked the Legal office to compile a list of license agreements, which she has received but knows is not complete, as former Mayor Lanza has an agreement with the Village for a fence at his property, which is not on the list. The existing license agreements also include a nominal fee for use of the Village’s property. There is no such consideration in the Kramer’s agreement. Mayor Savolt also stated that this homeowner began this process before she and Trustee Robinowitz were elected and
did so under the old rules. She did not believe they should be penalized for the change in the Board.
Ayes: Savolt
Nays: Robinowitz, Hofstetter, Ryan, Murphy
4B. License Agreement/1045 Constable Drive – Pool Enclosure
The chain link pool fence would encroach the right of way between 2 and 4 feet. The fence will be installed behind the existing hedge. This fence and gate will be 4 feet high and the gate will be 8 feet wide. If the fence is put on the Kramers property, it will leave an 18 inch to 2 foot gap between the pool fence and the hedge, which will present a maintenance problem.
One of the Kramer’s neighbors, Steve Kalt appeared. His concern is esthetics. He does not want to see the chain link pool fence. Mr. Colt is concerned with a very large hole in the street. Village Manager Verrastro stated that the property owners are responsible for fixing the hole and restoring the road, as they obtained a street opening permit. If they do not fix it, the Village is holding money, which they will use to fix the hole.
On motion of Trustee Murphy, seconded by Trustee Hofstetter:
RESOLVED that a license agreement to install a pool fence on the Village right of way, as amended by Interim Village Attorney Steven Silverberg, by and between the Village of Mamaroneck and Marc and Kelly Kramer, the owners of the real property located at 1045 Constable Drive be entered into.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
5. NEW BUSINESS
A. Request from Fire Department Carnival Committee to use Harbor for Yearly Carnival.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that the Village of Mamaroneck Fire Department is hereby authorized to use the entire Harbor Island Park from Friday, June 27th through Monday, July 7th for the annual Fireman’s Carnival.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
B. Schedule a Public Hearing on the Extension of Moratorium on Multi-family Housing.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that a Public Hearing on Local Law 2-2007 known and cited as the Interim Development Moratorium for Multi-family Dwellings within the Village of Mamaroneck for an additional four month period is scheduled for January 14, 2008.
Trustee Murphy stated that this local law has previously been extended by Resolution without having a public hearing. Interim Village Attorney Silverberg informed Trustee Murphy that this was incorrect. Trustee Murphy further stated that this Moratorium was first adopted to give the Village Planners the opportunity to study the Village’s Floor Area Ratio (FAR) code and to put a break on too much large scale development going on at once. A report has been received from Village Planner, Frank Fish, with suggested amendments to the Village’s FAR, which the Board will take into consideration during the four month extension.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: NoneBOT 12-10-07 p. 7
C. Retainer Agreement – Joseph A. Notaro, Esq.
Mayor Savolt stated that Joseph A. Notaro was appointed Village Prosecutor at the Annual Organizational Meeting which took place on December 3, 2007 and that this is a Retainer Agreement which states Mr. Notaro’s responsibilities and compensation.
On motion of Trustee Robinowitz, seconded by Trustee Hofstetter:
RESOLVED that a Retainer Agreement in the amount of $15,000 per year with an additional hourly rate of $205/hour, for matters not included in said Retainer Agreement, be entered into with Joseph A. Notaro for the purpose of representing the Village as appointed Village Prosecutor. A copy of the Retainer Agreement with Mr. Notaro is filed for the record with the Clerk Treasurer’s Office.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
D. Retainer Agreement – Silverberg & Zalantis, LLC Special Counsel to the Zoning Board of Appeals.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that a Retainer Agreement in the amount of $18,000 per year, exclusive of any work done on Zoning Board of Appeals Litigation, which will be billed at an hourly rate of $230/partner and $170/associate, be entered into with the law firm of Silverberg & Zalantis, LLC for the purpose of representing the Village as Counsel to the Zoning Board of Appeals.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
E. Resolution Regarding Agreement with Interim Village Attorney
On motion of Trustee Hofstetter, seconded by Trustee Ryan:
RESOLVED that Silverberg & Zalantis, LLP in connection with Steven Silverberg’s appointment as Interim Village Attorney shall be compensated on a per diem basis at an hourly rate of $230 for Partners and $170 for Associates, in providing assistance to the Village Board and staff by attending Village Board Meetings and assisting with legal issues on an as needed basis, and
BE IT FURTHER RESOLVED that the Village Manager be and hereby is authorized to execute an agreement with Silverberg & Zalantis, LLP to reflect the above terms until the Village hires a Village Attorney or the agreement is otherwise terminated.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
F. Agreement for Professional Services regarding Mamaroneck Reservoir Dam
In order to proceed with the required update of the Emergency Action Plan (EAP) for the Mamaroneck Reservoir Dam, it will be necessary to perform a hydrologic evaluation and inundation mapping. A cost proposal has been received from Stearns & Wheeler in the amount of $23,700 to perform this mapping. This is in addition to the $9,300 previously approved by this Board to complete the study, bringing the total to $33,000. As there is only a balance of $69,241 remaining in the Contingent Account for the balance of the fiscal year, the Village Manager recommends that these funds be appropriated from the Fund Balance. There was discussion on the reclassification of the dam. It is now classified as a Class "C" dam, which means that if it were to be breached, it would be a threat to life and property. A study to reclassify the dam as
a Class "B" will cost an additional $19,000. This would save money on insurance. Breaching is failure or movement of the dam, not just water coming over the top.
Trustee Murphy asked if there is a study being done to see if the dam can be decommissioned, or taken down. Assistant Village Manager Yamuder informed the Board that a study on this had been done years ago, where it was determined that this can be done. However the next step, a study outlining the advantages to decommissioning the dam, has not yet been done. The decommissioning would cost approximately $2 million, which would be paid for by the Waterworks. The government would also pay $300,000 toward the decommissioning, as a grant.
Mayor Savolt asked Village Manager Verrastro for copies of background materials on the dam and what has been studied in the past for the new Board members.
Mayor Savolt asked Village Manager Verrastro how much money is in the Fund Balance. Mr. Verrastro stated that currently there is $2.5 million. As of May 31, 2007, due to the way the police litigation settlement bond anticipation note was handled, that amount initially came out of Fund Balance, which left the balance at approximately $1 million. When the Bond was acquired, it replenished this account. The State Controller’s office recommends that between 5 and 10 percent of a municipality’s annual budget be kept in the Fund Balance. The Village of Mamaroneck is in the recommended range.
On motion of Trustee Ryan, seconded by Trustee Hofstetter:
RESOLVED that the following budget amendment to increase the respective budgetary accounts be and is hereby adopted:
A5990 Appropriated Fund Balance $23,700
A9660 Appropriations/Engineer Contract Services $23,700
A1440.421
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
G. Motel Licenses Expiring
There are three motels in the Village whose licenses are expiring at the end of the year. The Clerk Treasurer’s office is asking the Board to extend these licenses for a period of one month, so that the applications and inspections done may be reviewed by the Board. The yearly licenses will be renewed in January, if they pass inspection.
On motion of Trustee Murphy, seconded by Trustee Ryan:
RESOLVED that the Board of Trustees hereby extends the Motel Licenses for Mamaroneck Motel, Vincent and Sons Motel and Toll Gate Motel to January 31, 2008 in order to complete the inspections as required in accordance with the Village Code.
Ayes: Robinowitz, Hofstetter, Ryan, Murphy, Savolt
Nays: None
6. REPORT FROM VILLAGE MANAGER
A. File for Record – Inter-Municipal Agreement (IT-924) County of Westchester
A fully executed copy of the Inter-Municipal Agreement (IT-924) between the County of Westchester and the Village of Mamaroneck for the Renewal of Cablevision Agreement is on file with the Clerk-Treasurer’s office.
B. Personnel Appointment – Code Enforcement Officer
Effective December 10, 2007, Alberto Ciraco has been appointed to the position of Code Enforcement Officer in the Building Department, at the annual salary of $51,000.
7. REPORT FROM CLERK-TREASURER
File for Record – Statement of Canvass
A Statement of Canvass received from the Westchester County Board of Elections on the November 6, 2007 General Election was received and is on file with the Clerk-Treasurer’s office.
8. REPORT FROM VILLAGE ATTORNEY
Mayor Savolt stated that the Interim Village Attorney has begun to report to her and Trustee Robinowitz on the open cases pending with the Village of Mamaroneck. It has not yet been decided which of these open cases will stay with the outside litigants and which will be handed over to the Village Attorney. There is one case, Westchester Day School, which the Mayor has asked Mr. Silverberg to update the Board and residents on this evening.
Mr. Silverberg gave background on the case which involves a religious statue, called RLUIPA (Religious Land Use and Institutionalized Persons Act). This was the denial by the Zoning Board for the Day School to construct a new building on their site. Initially the Village tried the case, which they lost. They then appealed it to the Second Circuit Court of Appeals. In October a decision was rendered by the Second Circuit Court upholding the trial court finding that the Village and Zoning Board violated RLUIPA. Shortly after that, Silverberg & Zalantis, LLP were asked to take this case in substitution of the previous law firm. There are three options that the Village has at this point. The first is to seek leave of the United States Supreme Court to review the decision of the Second Circuit Court of Appeals and the Village has until mid
January to make that application. The pros and cons of this are being discussed. Mr. Silverberg also stated that the Supreme Court does not take every case appealed to it and it turns down most cases submitted. The second option is to try for damages. The preliminary damages being asked for by the Day School is $22 million. A hearing on damages has been scheduled for March 31, 2008, by the Judge, if the Village decides to take this route. The third option is to settle this. The Board is discussing all options.
Mayor Savolt pointed out that for every million dollars the Village pays out in legal settlements, we can only borrow that money over a ten year period and that every million dollars adds ¾ of one percent to the Village tax rate.
Trustee Murphy asked that both Judge Connor’s and the Second Circuit Court of Appeals decisions be put on the Village’s website for residents to read if they would like.
9. REPORT FROM POLICE CHIEF
Police Chief Flynn reported that on November 9, 27 and 28, there were four burglaries in the Harbor Heights area of the Village. On December 4, 2007 an individual was arrested for burglary in Mount Vernon. The subsequent investigation of the arrest and warranted search of his home in Queen revealed evidence which led the police department to believe that this individual also committed the burglaries in Harbor Heights, along with others along the I-95 corridor. This is an on-going investigation with many jurisdictions involved.
10. MINUTES – COMMISSIONS, BOARDS, COMMITTEES
11. COMMUNICATION TO THE BOARD II
Mr. Glenn Tippett appeared to welcome the new Board members and to discuss the issue of the dam. Mr. Tippett, at a previous Board Meeting, brought up the viability of building a dam that will retain the water in the event of a flood, which would give the Village a third option. He believes this is something that can be looked into by the recently formed Regional Flood Committee. Mr. Tippett is concerned about this Regional Committee being mandatory to join as he believes the Village could lose authority in what is done in the Village as far as flood mitigation is concerned. He also suggested there be a fee levied to all residents who ask to construct fences on Village property.
Mr. Carl Alterman appeared and spoke as a former member of the Harbor and Coastal Zone Management Commission. During his time on the Commission, the Harbor was designated a No Discharge Zone, by working with and getting a grant for a pump out station in the West Basin. Recently, in conversations with the Harbor Master, he has learned that both the East and West Basin’s pump out stations have stopped working. He feels it is very important to maintain the designation of a No Discharge Zone which requires the two pump out stations be working by the beginning of the boating season. During his tenure, it was written into law that any marina or boat yard accommodating 25 vessels or more shall install and maintain a waste pumping facility to service their accommodating vessels. Unfortunately this has not been enforced and he believes that
this law should be enforced and the two pump out stations be repaired or replaced.
Mr. Ron Trucchio appeared. He commented on the newly proposed meeting rules and believes it is a good idea to have two public comment periods. He also reported on an article in the Sound and Town on a recent meeting addressing poverty and unemployment in Mamaroneck. He read part of the
article to the Board, which addressed the illegal renting of rooms in basements in many homes that were flooded in April. He did not know that this was something addressed publically. Mr. Trucchio asked how the Board is going to address the issue of landlords renting out rooms illegally. Mayor Savolt stated that she was at the meeting reported in the Sound and Town and this was speculation on the part of a social worker and was not an official pronouncement. The Board will take Mr. Trucchio’s comments under advisement.
Mr. Paul Ryan appeared before the Board as acting Chair of the Flood Committee. Further to the discussion on the Mamaroneck Dam, this dam was built for the purpose of potable water and has not been used for this purpose since the 1960’s. Although not built for flood mitigation, it does help with flood control. The problem is that it has not been maintained and dredged and the siltation level has built up. He does not believe the answer is to tear it down, but to dredge behind it and use it as a flood control measure. As the reservoir is acting as a silting basin if you remove the dam, he is afraid the silt will end up in the Harbor. A complete report must be done before it is decided to take the dam down. Mr. Ryan recently attended a meeting with Rob Yamuder that the DEC held. Mr. Steve Roesler, Coastal Resource Specialist spoke about
dredging options and using Long Island Sound and the Atlantic Ocean as a dredge spoiling option. They discussed what should be done with the silt that is already in the Long Island Sound. Mr. Ryan believes that if you dredge the rivers and streams before it gets into the Sound, you are well ahead of the game. He reported on a major project done with the city of Mt. Vernon. They took contaminated dredge spoils, bonded them and used the by product to pave roads.
Mr. Stuart Tiekert appeared. Mr. Tiekert also applauded the Mayor and Board for putting the new meeting rules in place. He inquired as to training for Committee Members. The Mayor stated that this is being worked. Ms. Roberts is compiling the resolutions that formed the committees. The committee liaisons will work with committee Chairs on what is appropriate for each committee.
Ms. Stephanie Gash appeared again to discuss the denial of the license agreement for the Kramer’s picket fence. She asked for further clarification on why it was voted against. Trustee Hofstetter stated that in his opinion, it is purely decorative and that the same affect would be achieved if it were moved onto the Kramer property. Trustee Murphy’s concern is that you can achieve the same result without having it put on the Village’s property. Trustee Ryan commented that there are not many of these and that license agreements should not be encouraged for decorative use. All three also felt that the pool fence had to be put where requested. Ms. Gash asked for a copy of the list of license agreements the Village currently has with residents. Mr. Fusco informed Ms. Gash that she can obtain it via the Clerk-Treasurer’s
office. Ms. Gash is frustrated because no one in any Village Office has ever explained to her what was involved and that Richard Carroll told her that all she needed to do was to write a letter for the file. This has been her experience with other municipalities. She was then told by Mr. Carroll that the lawyer would write a lease agreement and it would go in the file. This has been going on since September. She feels as if she has been getting a run around for months. Trustee Murphy apologized for the delay and mix up. She was unfortunately caught in a situation where the Building Inspector and Village Attorney were both replaced and this fell through the cracks. Mayor Savolt did realize that better coordination needs to be in place with the Building Department and this is an item that needs to be worked on with the staff.
Mr. Marc Kramer appeared. Mr. Kramer bought his home and has been renovating it for over three years. He stated that one year has been wasted obtaining things that the Building Department asked of them, that they later found out were not necessary. These things have cost them significant dollars. He appreciates the improvements the Board is trying to make in the Building Department. He believes that common sense should prevail in dealing with a front yard that although owned by the Village, is not going to be used by the Village. All renovations they have done have been in keeping with the character of the neighborhood and there are other picket fences close to the street at other properties. He respectfully disagrees that the fence will look the same if it is put on his property. He also feels that there has been no consistency over the
years in regard to license agreements and there is no ease of work with the Building Department. He asked the Board if there is an appeals process as they will not put the fence up in the middle of the yard as it will look "odd".
Interim Village Attorney Silverberg stated that there is no appeals process as it is up to the discretion of the Village Board. It is also his experience with working with other municipalities that this is not common practice. He agrees that the Board needs to set policy with respect to granting license agreements.
Mayor Savolt suggested Mr. Kramer write to the Board and if there is a willingness to discuss and revisit at another meeting, it will be put on the agenda.
Trustee Ryan reported on the USO Phone Card Fundraiser. There was $2705 raised for cards that will be sent to our troops overseas. She also thanked the Recreation Department for hosting the Tree Lighting Ceremony and the Chamber of Commerce for hosting the Holiday Walk through the Village with Santa. Village Manager Verrastro also wanted to thank the Lions, Kiwanis and Rotary Clubs for their underwriting the Tree Lighting Ceremony.
Mayor Savolt reminded residents that there will be a vote on the Library Budget and Library Trustees tomorrow at the Library.
ADJOURNMENT
There being no further business to come before the Board, on motion duly made and seconded, the meeting was adjourned.
PREPARED BY: RESPECTFULLY SUBMITTED BY:
SALLY J. ROBERTS, AGOSTINO A. FUSCO,
SECRETARY CLERK-TREASURER
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