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HomeMy WebLinkAbout2014-11-25 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 25, 2014 AGENDA 7:00 P.M. - EXECUTIVE SESSION: Police investigation matters; Firefighter negotiations 7:30 P.M. - REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing to consider a proposed local law establishing parking restrictions on Talcott Road. RESOLUTIONS: 1) Considering a proposed local law establishing parking restrictions on Talcott Road. 2) Setting a public hearing on an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). 3) Setting a public hearing to consider a proposed local law establishing parking restrictions on Ellendale Avenue. 4) Modifying the License and Fee Schedule for recreation programs and scanning services. 5) Approving minutes for the Village Board meeting held on 11/10/2014. Board of Trustees November 25,2014 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: December 15, 2014 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator Greg Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Mayor Paul Rosenberg called the Tuesday, November 25, 2014 Board of Trustees meeting to order. He apologized for the late start of the meeting, and noted that the Board held an Executive Session prior to the meeting on Police investigation matters; Firefighter Negotiations that ran a little longer than expected. Mayor Rosenberg called for the first matter on the agenda. Board of Trustees November 25,2014 Page 2 PUBLIC HEARINGS: 1) Public hearing to consider a proposed local law establishing parking restrictions on Talcott Road. On a motion made by Trustee David Heiser, and seconded by Trustee Jason Klein, the public hearing was declared open. Mr. Christopher Bradbury, Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mr. Bradbury noted that this change in the local law was pretty straight forward. The Village's Traffic Commission reviewed the request, and the local law is being amended to clean up of the Code. Mayor Rosenberg called for members of the public wishing to address the Board in support or opposition to the proposed changes. There being no one, he called for a motion and second to close the public hearing. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Heiser, the public hearing was declared closed. Mr. Christopher Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg callled for the first resolution on the agenda: Board of Trustees November 25,2014 Page 3 RESOLUTIONS: 1) Considering a proposed local law establishing parking restrictions on Talcott Road. Mr. Bradbury read the following resolution: RESOLUTION ADOPTING A LOCAL LAW REGARDING PARKING RESTRICTIONS ON TALCOTT ROAD VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Traffic Commission has requested certain modifications to the Village Code to impose parking restrictions on Talcott Road; and WHEREAS, a proposed local law was introduced to amend Chapter 240 of the Village Code, entitled "Vehicles and Traffic," to implement certain parking restrictions on Talcott Road; and WHEREAS, on October 28, 2014, the Board of Trustees of the Village of Rye Brook determined that the proposed action is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), and therefore, no further environmental review is required; and WHEREAS, on November 25, 2014, the Board of Trustees opened a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law; and WHEREAS, the public hearing was closed on November 25, 2014. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the aforementioned local law imposing parking restrictions on Talcott Road. Board of Trustees November 25,2014 Page 4 There was no further discussion on this matter. On a motion made by Trustee Epstein and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye The next item on the agenda was called before the Board: 2) Setting a public hearing on an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION TO AMEND THE SPECIAL USE PERMIT FOR THE GASOLINE STATION LOCATED AT 79 SOUTH RIDGE STREET (AKA 93 SOUTH RIDGE STREET) VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Board of Trustees is considering an application by the property owner at Ridge Street Rye Brook, LLC for approval of an amendment to the existing Special Use Permit for 79 South Ridge Street (aka 93 South Ridge Street) to expand the hours of operation from 8:00a.m.-9:00p.m. to 6:00a.m.-9:00p.m., seven days a week, for the gasoline pumps located on the premises, at the intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.27-1-13 on the Town of Rye Tax Map and located in the C-1 Zoning District; and Board of Trustees November 25,2014 Page 5 WHEREAS, the Board of Trustees is the Approval Authority for the application; and WHEREAS, the Board of Trustees referred the application to the Rye Brook Planning Department on October 14, 2014, for preparation of a report and recommendation concerning the application; and WHEREAS, the Planning Board returned a Report and Recommendation to the Board of Trustees, adopted November 13, 2014, recommending approval of the application subject to certain proposed conditions; and WHEREAS, the Board of Trustees previously determined, by resolution adopted October 14, 2014, that the application is an Unlisted Action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 13, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application. The legal counsel for the applicant, Leo Napior of Harfenist, Kraut & Perlstem LLP, addressed the Board. He noted that the applicant has requested extended hours of operations. He noted that the station has received multiple violations which are being addressed. He requested that this matter be set on the agenda for a public hearing in January, which will give the applicant sufficient time to address these matters. Mayor Rosenberg noted that the Special Use Permit must be modified in order to change the hours of operation. The applicant would like to open at 6:00 a.m. and close at 9:00 p.m. This matter was before the Planning Board. Marilyn Timpone Mohamed, Village Consultant, noted that the Planning Board discussed this application. They looked at impacts to neighbors. They also considered the hours of operation of the prior gas station located across the street (which is now the TD Bank). They looked at the earlier approvals for the application of the Shell Station, and noted that there were several conditions put on the approval. Some of the conditions were no overnight storage, rental of utilities trailers, car washing, and no vehicles should be parked on property for more than 48 hours, and gas trucks should not block the public right-of- way. All of the conditions should be imposed on this application. Mr. Bradbury noted that the service station consists of two lots. One lot is the service station and the second was to be used for parking for the service station. The Planning Board of Trustees November 25,2014 Page 6 Board has recommended the changing of the hours and asked that the conditions apply to the operation of both lots. The conditions were placed on the parking area lot. It was also noted that there are some pre-existing non-conformities. Mayor Rosenberg questioned if the current building was going to be updated. This station is an eyesore. The response was that there are no plans to do any work on the service station to spruce it up. Mr. Bradbury noted that this matter could be scheduled for the Board of Trustee meeting scheduled for January 13, 2015. Trustee Heiser asked what hours the client would like to be opened to and from. The response was from 6:00 a.m. to 9:00 p.m. Monday Through Saturday, and 8:00 a.m. to 7:00 p.m. on Sunday. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 3) Setting a public hearing to consider a proposed local law establishing parking restrictions on Ellendale Avenue. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING RESTRICTIONS FOR ELLENDALE AVENUE Board of Trustees November 25,2014 Page 7 VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Traffic Commission has requested certain modifications to the Village Code regarding parking restrictions for Ellendale Avenue; and WHEREAS, a proposed local law was introduced to amend Chapter 240 of the Village Code entitled "Vehicles and Traffic," to implement certain parking restrictions for Ellendale Avenue. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook determines that the proposed action is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and therefore no further environmental review is required. BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on December 15, 2014 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the proposed local law. The Board has recommended a change. The portion of Ellendale that intersects with Ridge Street has a very steep hill. Visibility is an issue. No cars should be parked in this area. On a motion made by Trustee Heiser, and seconded by Trustee Susan Epstein, the resolution was adopted, as amended. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4) Modifying the License and Fee Schedule for recreation programs and scanning services. Mr. Bradbury read the following resolution: Board of Trustees November 25,2014 Page 8 RESOLUTION MODIFYING THE LICENSE AND PERMIT FEE SCHEDULE FOR RECREATION PROGRAMS AND SCANNING SERVICES. The Village License and Permit Fee Schedule is hereby modified as follows: PROGRAM OR SERVICE FEE Hobby Quest Flying Machines (eight 1 hour sessions): $150.00 Paint Your Dreams (eight 1 hour sessions) $150.00 Scanning Services for 1 and 2 Family Properties making applications for a project with construction costs under $15,000 (note: max size paper is 11x17) $15.00 Mr. Bradbury reviewed the new programs, and scanning. The fee for scanning has been set. This will capture the smaller type projects such as Tree Applications and smaller work that is being done in the home. The Village will provide the service of scanning at a reasonable cost. Trustee Rednick commended Mr. Bertolacci, Recreation Department, on the new programs. On a motion made by Trustee Heiser and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees November 25,2014 Page 9 5) Approving minutes for the Village Board meeting held on 11/10/2014. Mayor Rosenberg, with the consensus of the Board adjourned this matter to the next Board of Trustee Meeting. Also with the consensus of the Board, Mayor Rosenberg called for an add on resolution, the appointment of a Police Officer: 6) Considering the Appointment of a Police Officer Mr. Bradbury read the resolution RESOLUTION CONSIDERING THE APPOINTMENT OF A POLICE OFFICER RESOLVED, that Daniel M. Bruno of 10 Lois Place, Katonah, New York is hereby conditionally appointed to the position of Police Officer with the Village of Rye Brook, subject to the results of a medical examination and the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $51,540 with an effective start date to be determined. Mr. Bradbury noted that Daniel M. Bruno has been hired as a Rye Brook Police officer. He comes highly recommended with many years of police work and volunteer background, and is working on his Master's Degree. He recently was employee as a New York City Police officer stationed in the Bronx. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Board of Trustees November 25,2014 Page 10 Mr. Bradbury, Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg asked for a few minutes of silence for Former Trustee Harris who recently passed away. He was the Village's Historian and the father of former Trustee Robert Harris. Condolences were extended to the Harris family. ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the leaf program was going very well. Four trucks are currently on the road. Information on pickup dates can be found on the Village's website. This is the tail end of the program, and everyone hopes that the snow will not affect the ending of this program. There will be a Holiday lighting ceremony on Friday, December 5th at 6:00 p.m. at Pine Ridge Park. It will be very festive and everyone is invited. Mayor Rosenberg noted that there will be only one meeting in December, on the 15th. He wished everyone a very happy Thanksgiving. There being no further business before the Board, the meeting was adjourned at 8:08 p.m. Board of Trustees November 25,2014 Page 11