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HomeMy WebLinkAbout2004-02-10 - Board of Trustees Meeting Minutes SPECIAL MEETING/AGENDA MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,FEBRUARY 10, 2004--7:30p.m. 7:00 PM--EXECUTIVE SESSION-Contract Negotiations/Legal Matters/Personnel ROLL CALL PLEDGE OF ALLEGIANCE PRESENTATION: Young Adult Institute's (YAI) interest and intent to establish a community residential facility for developmentally disabled persons at 62 Woodland Avenue. RESOLUTIONS 1) Considering approval of a service agreement with CIT-e-NET, LLC as a hosting service provider for the Village of Rye Brook website. 2) Considering approval of an inter-municipal agreement with the County of Westchester employee assistance program and the Village of Rye Brook. 3) Setting a Public Hearing date on a Local Law to amend Chapter 212 of the Village Code regarding the sprinkling of existing commercial buildings. 4)Approval of Meeting Minutes: March 11, 2003 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) Discussion: Political Programming Policy issues raised by the Village Administrator 2) Discussion: Processing of land use applications and proposed amendments/modifications to the Village Code. 3) Discussion: King Street Fields project issues and planning of various recreation facilities throughout the Village. 4) Discussion: Various budgetary and fiscal oversight issues BOT February 10 2004MINUTES Page 1 of 14 5) Discussion: Status of encroachments on Village-owned properties 6) Discussion: Update on various utility easement matters DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE PUBLIC: Next Trustees Meetings: February 24, 2004 and March 9, 2004 BOARD: Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF: Christopher Bradbury, Village Administrator Connie DiSalvo,Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi,Village Engineer Marilyn Timpone Mohamed,Village Planning Consultant Fred Siefert, Public Access Coordinator Robert Santoro, Police Chief Patti Conlon, Meeting Secretary Mayor Filipowski welcomed everyone to the February 10, 2004 meeting of the Board of Trustees. The meeting was called to order at 7:40pm Ms. Diane Quinton and Ms. Vera Halpenny presented the interest and intent to establish a community residential facility for developmentally disabled persons at 62 Woodland Avenue, Rye Brook. The Young Adult Institute is a not for profit agency for people with disabilities. The eight residents that would live there are mildly disabled(slow in learning) and 5 of the residents have lived in Port Chester and have adjusted nicely to the area and the public transportation that they use. YAI wants to keep them in an area that they are familiar with. YAI is looking to downsize from a 12 bed community in Port Chester to two homes with a smaller population. YAI bought a house on King Street in Port Chester and they needed another house and found the house on Woodland Avenue which they thought was also in Port Chester. The home will be staffed by a supervisor, an assistant supervisor and 2 staff persons. The house is currently a two family house and will be converted into a one family house in order too have recreational areas for the consumers. The driveway and back yard is paved and there is enough room for parking for the staff and visitors. YAI is governed by the Padavan Law and protected by the Site Protection Law. This means that the Village can approve the site, suggest an alternate site or object because the area is saturated with similar sites. It would have to alter the character BOT February 10 2004MINUTES Page 2 of 14 and the nature of the community in order for the purchase to be rejected. The Village attorney told the Board that YAI did not need a special use permit and reminded them that the Village is bound by the site section law but that they do have options. Trustee Harris wanted to know about the funds from NYS. Ms. Quinton assured him that they cannot pay more than fare market value and that she looked at 10-20 homes before deciding on 62 Woodland. He believed that the financial management is strange and inefficient. Trustee Santon said that under the law we have limited reasons to potentially reject this home and wanted to know if any permits and applications would come before the Board. Ms. Quinton told him that they are considered a single family dwelling and that they do not need any special permits for the group home. It is a pre-existing modular house. It is Mr. Bradbury's belief that NYS and the Village have certain reviews for modular homes. Mr. Bradbury said that modular houses have different requirements and NYS has to approve these modifications. Trustee Goodman wanted to know the procedure that is needed concerning the neighbors if they have any questions. Ms. Quinton explained that they went door to door to the neighbors but that they are not required to have any hearings. Trustee Rosenberg was concerned about the parking and the deliveries. He also wanted to know if they have ever increased the number of beds and what would happen if the State pulled the funding. Ms. Quinton told him that Governor Pataki has allocated increased funding in order to establish additional group homes because there is a long waiting list. Trustee Harris said that the one issue that they gave us in order to reject this use is that it must change the character in the neighborhood and wondered if there was a"back door" way that they get these houses approved. Ms Quinton told him that a Realtor took them to the house and she did not know the owner and that there was nothing "back handed" concerning this purchase. Vincent Shea, the owner of 66 Woodland Avenue (contiguous to the site at 62 Woodland Avenue) spoke and stated that many neighbors are in agreement with his presentation. Safety issues are a concern because of its local and high speed commuter traffic and shopper traffic. Another concern is how it relates to the town's process for property valuation and tax revenues. It should decrease the tax liability for the area residences. Another issue is that the demographics have changed. There are no sidewalks and this must be taken into account. The safety concern aspect relates to the number of children in the immediate area and the quality of life and the personal safety to these children. The impact of a managed care facility in the middle of a residential area has to be constructively dealt with. BOT February 10 2004MINUTES Page 3 of 14 Doris Viscomi the owner of 60 Woodland Avenue is concerned about her tenants and the ability to rent to future tenants if this purchase is allowed. Ms. Diane Quinton told the residents that they are not an institute or managed care facility. This is a single family residence which the residents are making their homes. We are good neighbors and we have a neighborhood advisory committee. We try to bridge the gap and let the community get to know us. These people are not to be feared, they are just slow learners. The topic of real estate values was raised and Ms. Quinton assured them that historically property values have not decreased. YAI has properties in very nice areas and the property values have not been affected. She suggested that we call Mayor Logan in Port Chester and ask him about his experience with us being in the community. Mr. Ben Miloro spoke next and he was concerned about them backing out on Woodland.Avenue and if the owner had gotten a permit for the black top in the back yard. Mr. Larry Rand of 30 Hillandale Road agreed that Mr. Shea raised some interesting points and it is a very complex issue. This may or may or not be a managed health care facility but you have paid professionals and 8 residents. He is concerned about the lack of permits and studies that will not be done. Patricia Fasolino of 252 Irenhyl Avenue understands that it will be a tax exempt home and spoke of other homes in the areas. The Mayor told her that there is only one other house in Rye Brook. She made a comment about closing off the side entrance and the front door Ms.Quinton told them that YAI is working with an architect and have not made any plans to close any entrance. None of the staff live on site and only the 8 consumers will live in the house. Lily Rich of 56 Woodland Avenue. The house seems small for 8 people to live there and with modular homes you can't just tear down walls. She also had concerns about increase traffic, parking issues and the cruelty that these people might encounter form Port Chester High school and the junior high school students. Lastly, the turning curve at the end of Woodland that leads into Hillcrest- it is very dangerous and it is dangerous for someone to walk on the street. Neil Nostrow of 20 Whittemore Place also spoke. There are many children in the neighborhood and his wife is home alone and 62 Woodland is not fenced in. He wanted to know the daily schedule so it might make them feel better about the purchase of this home. Ms. Valpenny assured the residents that these are very capable individuals and currently work and live in the community. They are already exposed to cruelty within the BOT February 10 2004MINUTES Page 4 of 14 community. They will not harm your children and have never shown any inappropriate behaviors, they are just slow learners. They are all adults in there 30's and 40's. The consumers work Monday thru Friday, come home and prepare dinner, do laundry etc. On weekends recreational staff come, some belong to church groups and other organizations. Mr. Ken Heller of 22 Lincoln Avenue is concerned about the house being in a congested narrow part of town and the safety factors if there should be a fire and how these people would get out. If he was on the committee he would want a safer area for these people to live. George Shultze of 48 Hawthorne Avenue is concerned about these people walking on streets with no sidewalks and that the town might get sued if something happens to one of these individuals. He appreciates what the applicants are saying and wants more details about the individual's backgrounds that are going to be living in the house. He believes it is a definite negative on the character of the neighborhood and that it will be a big taint on the neighborhood. Ms. Valpenny again reassures the community that these individuals have difficulty with learning and there is nothing in their background that should cause the community to worry. We would give them special training on how to negotiate walking on the narrow street. Ms. Valpenny invited any member of the community to visit one of their existing houses/programs. Trustee Harris acknowledges that these consumers are high functioning and wanted to know if there was any protection to the neighbors that once you own the house you will not move in consumers with greater disabilities and change the population. Ms. Quinton told him that the policy and the philosophy will not change and it hasn't changed since 1957. This is a long term facility. YAI is chartered to work with only the developmentally disabled and not with drug rehabilitation or any other different populations. Trustee Rosenberg wants to know about the Mental Hygiene Law and why the special use permit is usurped by this law. The Village Attorney said we are talking about site selection. Once the site is selected this facility is considered to be a single family residence and is subject to every zoning requirement of a single family residence. The reason that you do not need a special use permit to have this facility is because it is a single family residence and you do not need a special use permit for a single family residence. Trustee Goodman acknowledged that we have been presented with a very thorough report burtwe have to do our own analysis within 40 days. We should also confirm with our attorneys that this is in fact a community residential facility for the disabled under the meaning of this law. She is concerned about how to do this most efficiently. BOT February 10 2004MINUTES Page 5 of 14 She also questioned the home occupation law with employees working in the house. The Village Attorney said we should focus on the site selection and Trustee Goodman suggested we talk to Port Chester since five of the residents live there. Mayor Filipowski suggested we hold a public hearing to present to the public what is YAI's intention for this house. If we take no action it would be tantamount to an approval. Trustee Santon said we do not have an application before us and he read the definition of a family from our code book. When does the Village step in and say this is not a single family home? Mr. Beane said that if it is applicable under the Mental Health Law we have until March 3'2004. Mayor Filipowski said we owe it to the residents of Rye Brook to have a public hearing. The public hearing must be at our next board meeting on February 24, 2004. For this meeting we have notified the surrounding streets and put a notice in the newspaper. We will send it to the same group again for the February 24, 2004 meeting. Ms. Quinton said that they are under contract to purchase the house contingent on approvals. Trustee Goodman said it is critical that we have an opinion by our counsel before the next meeting that this property is covered by the Mental Hygiene law and that it is deemed a family unit and what local laws and ordinances we need to be aware of. Ed Beane read the resolution to schedule a public hearing on February 24, 2004 and authorizing the Village Administrator and Village Attorney to request information from the Young Adult Institute. On a motion made by Trustee Harris and seconded by Trustee Rosenberg the following resolution was adopted: SETTING A PUBLIC HEARING DATE TO CONSIDER YOUNG ADULT INSTITUTE'S INTENTION TO ESTABLISH A COMMUNITY RESIDENTIAL FACILITY AT 62 WOODLAND AVENUE RESOLVED, that the Village Board shall schedule a Public Hearing for the purpose of gathering information and facts necessary in order to make a decision with respect to Site Selection under the New York State Site Selection Law regarding Young Adult Institute's intent to establish a community residential facility for developmentally developed persons at 62 Woodland Avenue in accordance with the New York State Site Selection Law; and BE IT FURTHER RESOLVED, that the Village Administrator and Village Attorney shall seek to gather information the Village Board deems appropriate including directing BOT February 10 2004MINUTES Page 6 of 14 questions to the organization filing the Notice of Intention in order to have any additional information available to the Village Board at and after the Public Hearing, and BE IT FURTHER RESOLVED, that the Public Hearing shall take place on February 24, 2004 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook,New York 10573 Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 1) Considering approval of a service agreement with CIT-e-NET, LLC as a hosting service provider for the Village of Rye Brook website. Mr. Bradbury read the resolution RESOLUTION GRANTING AUTHORITY TO ENTER INTO A SERVICE AGREEMENT WITH CIT-e-NET,LLC WHEREAS, the Village wishes to improve its website and would like to employ the services of a World Wide Web hosting service provider to connect to and utilize hardware and software facilities to establish an internet website; and WHEREAS, the Telecommunications Commission and MIS Coordinator have interviewed several companies specializing in web hosting and have recommended utilizing the services of Cit-e-Net of New Jersey based on their reasonable cost of service and ability to meet the needs of our Village, NOW,THEREFORE,BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Mayor to execute a service agreement on behalf of the Village with CIT-e-NET, LLC of New Jersey in a form acceptable to the Village Attorney to establish an internet website for a twelve month term beginning on or about March 15, 2004 in accordance with the scope of work and economic terms set forth in CIT-e-Net's proposal dated January 26, 2004, annexed hereto, at an amount not to exceed $6,000. Mr. Fred Seifert discussed the need for a new system in order to meet the needs of the community to effectively communicate with the residents. Other towns and villages are extremely happy with this system and they have been accommodating to our needs. Trustee Rosenberg said the committee is looking for two way communication and this system will give us the ability to do this. BOT February 10 2004MINUTES Page 7 of 14 Trustee Santon is glad to see that we are doing this and he wanted a dollar amount put in the resolved clause. Mr. Bradbury said we are not changing the economics of the contract. On a motion made by Trustee Rosenberg and seconded by Trustee Goodman the above resolution was adopted: Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 2) Considering approval of an inter-municipal agreement with the County of Westchester employee assistance program and the Village of Rye Brook. Mr. Bradbury read the resolution RESOLUTION CONSIDERING APPROVAL OF AN INTERMUNICIPAL AGREEMENT WITH THE COUNTY OF WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE VILLAGE OF RYE BROOK RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-municipal agreement with the County of Westchester Employee Assistance Program for administrative,managerial and referral services for the period of January 1, 2004 to December 31, 2004 at a rate of$25.00 per employee per year; and BE IT FURTHER RESOLVED,that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Rosenberg and seconded by Trustee Santon the above resolution was adopted: Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye 3) Setting a Public Hearing date on a Local Law to amend Chapter 212 of the Village code regarding the sprinkling of existing commercial buildings. Mr. Bradbury read the resolution: BOT February 10 2004MINUTES Page 8 of 14 RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 212 OF THE VILLAGE CODE REGARDING THE SPRINKLERING OF EXISTING COMMERCIAL BUILDINGS WHEREAS, the Village of Rye Brook Board of Trustees adopted Local Law 93- 1997 entitled "Regulations on Fire Sprinkler Requirements" on March 25, 1997 to add Chapter 212 to the Village Code in regard to the installation of sprinkler systems; and WHEREAS, the Sprinkler Law took effect upon its filing with the Secretary of State on April 1, 1997 and, by its terms,would have required that all existing commercial buildings be fully sprinkled within seven (7) years of the effective date of such Chapter, i.e.,by April 1, 2004; and WHEREAS, the Board of Trustees is currently in the process of reviewing the provisions of Chapter 212 for possible amendment which may ultimately effect sprinkling requirements for certain commercial and residential buildings situated throughout the Village; and WHEREAS, the Board of Trustees wishes to amend Chapter 212 of the Village Code to extend the date for compliance with the requirement set forth at § 212-4(C) that all existing commercial properties be fully sprinkled until September 30, 2004; NOW,THEREFORE BE IT RESOLVED, that the Board of Trustees shall hold a Public Hearing on February 24, 2004 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider adopting a Local Law to amend Chapter 212 of the Village Code to extend the date for compliance with the requirement set forth at § 212-4(C) that existing commercial buildings be fully sprinkled until September 30, 2004. The Village attorney stated that the reason for this proposed amendment to the commercial building sprinkler law is because a lawsuit was filed against the Village which wanted an interpretation of our sprinkler law for commercial properties. The Village Attorney said that we are talking about a limited class of commercial buildings constructed and existed before 1984. We are dealing with buildings before 1997 that had to be sprinkled by March 27, 2004. Trustee Santon did not want to push back the date for compliance of the sprinkler law until September 2004 because of the safety to the public. He felt that June 30th made more sense. On a motion made by Trustee Santon and seconded by Trustee Rosenberg the above resolution was adopted. BOT February 10 2004MINUTES Page 9 of 14 Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Nay Trustee Santon Voting Nay Mayor Filipowski Voting Aye 4) Approval of Meeting Minutes: March 11, 2003. The approval of these minutes was scheduled for the board meeting on February 24, 2004 to give the Trustees time to review. Mayor Filipowski added a resolution regarding the acquisition of land from the Arbors Homeowners Association. The Resolution is authorizing the Mayor to sign an amendment to the contract between the Village of Rye Brook and the Arbors Home Owners Association for the purchase of the parcel property that will be used to construct the athletics field. The amendment changed the description of the property being acquired by the Village of Rye Brook to substitute an exact metes and bounds description for a map that was attached to on the original contract. As a result of this we need to delete certain conditions having to do with acceptance of the particular parcel of property which are no longer relevant and to change the provision so that the village has time to complete its environmental and related due diligence is extended to June 1, 2004. Also to delete the provision in Paragraph 30 J of the original contract requiring the Village to install a black vinyl chain link fence along the southerly border of the seller's property because that part of the property is no longer being conveyed to the Village. The need to delete paragraph 30K of the original contract that talked about the village finding a place for the Arbors tool shed but the property in question will remain with the Arbors so there is no need to have any Village involvement. The other amendment is the amended agreement on the Arbors scheduling, noticing and conducting a vote of its homeowners to approve the sale of the property in accordance with the provisions of the contract no later than April 13, 2004. The last provision of this amendment simply states that if the terms are not amended the initial contract remains in full force and effect. On a motion made by Trustee Harris and seconded by Trustee Rosenberg the above resolution was adopted: BOT February 10 2004MINUTES Page 10 of 14 RESOLUTION AUTHORIZING AN AMENDMENT TO THE AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE ARBORS BOARD TO BUILD BALL FIELDS ON PROPERTY ON KING STREET WHEREAS, the Village of Rye Brook (the "Village") and the Arbors Homeowners Association (the "Arbors") entered into a Contract of Sale dated December 1, 2003 (the "Contract") for the premises described as an L-shaped property formerly known as Section 1, Block 6, Lot 2A-5 adjacent to certain Village owned property at the former compost site on King Street; and WHEREAS, the Arbors Board and Village wish to modify certain terms of said Contract and enter into an Amended Agreement setting forth said modifications, which amendment involves a re-description of the property to be conveyed as well as the deletion of certain paragraph in the Contract, which would now become superfluous; NOW, THEREFORE BE IT RESOLVED, that the Village hereby authorizes the Village Attorney to prepare an Amended Agreement to the December 1, 2003 Contract, including the new description and deleting the superfluous paragraphs and transmit said Amended Agreement to the Arbors Board, through its counsel, Daniel Tartaglia, Esq. for approval by the Arbors Board and execution by the parties. Trustee Santon has concerns that we just saw this document for the first time today and the Arbors board has not seen this agreement we are amending. He believes it is bad to propose an amendment, authorize a party to sign and send it back and that we are being presumptuous. He would rather authorize the Village to communicate this proposed amendment to the Arbors board and counsel for review and that at our next meeting we can take action on the agreement. Mr. Beane said it was our intention to create a document which would be sent to the Arbors board for further review, approval or disapproval with the understanding that this is a document that has been approved by our entire board. Trustee Goodman stated that we need to approve these amendments as a board and stand behind them and present to the Arbors for review. If they have comments we will address them at the next meeting. Let's go forward and present it to them. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Nay Mayor Filipowski Voting Aye BOT February 10 2004MINUTES Page 11 of 14 DISCUSSION OF AGENDA ITEMS SUGGESTED BY MEMBERS OF THE VILLAGE BOARD: 1) Discussion: Political Programming Policy issues raised by the Village Administrator Trustee Santon wanted to know what direction Mr. Bradbury is seeking from the board and telecommunication commission regarding the scheduling for political programming and videos. Mr. Bradbury commented that when the board drafted the Political Programming Policy he believed the provision was put in for his protection and was encouraged to reach out to the Village Board and the telecommunications commission for their input. Trustee Santon stated that their was an inquiry by a candidate, that does not sit on the board, and felt it was unfair not to include the other candidates that are running for office in the discussion. Mr. Bradbury had discussed this issue with the person that inquired about the programming before he sent the memo to the Board. Trustee Goodman believes that it should be the decision of the Village Administrator and he should be encouraged to discuss it with whom he deems necessary. Mr. Larry Rand spoke about there not being a policy in 2000 and we had put in a lot of time developing a policy.Never before in the Villages history, since we have public access, has there been six candidates for three seats. In the past as he understands it a toss of a coin determined the order in which a candidate's videos are shown. He wants 10 minutes maximum allocated to each individual running for a seat. We need to have posted on the website what time a candidate is speaking. 2) Processing of land use applications and proposed amendments/modifications to the Village Code. Trustee Santon agrees that the Village staff have all observed portions of our Village code that need addressing and clarifications and we had a year long moratorium where we passed a number of laws but there are also a number of other miscellaneous items that he hasn't seen come forth. We did the bulk standards and the wetlands. He hasn't seen the staff come forward with some recommendations to improve the daily processing. In the current system there is confusion and it doesn't serve applicants,neighbors or residents. People do not know what to do about land use applications. We need a better system, perhaps a checklist and if anapplication comes in with out everything filled in the application is bounced back to the applicant. We need to sit down with staff and develop a procedure and start addressing them. Mayor Filipowski said we need to close out the building permits that never triggered a visit from the tax assessor. There are a lot of permits that have been issued and these individuals are not paying the increased tax. BOT February 10 2004MINUTES Page 12 of 14 Mr. Bradbury told him that the application procedure is in the process of being reviewed. Trustee Santon wants a time limit on how long a building permit is good for. We need to hire personnel in order to handle these applications. We have to adequately staff our department in order to handle these requests. 3) Discussion: King Street Fields project issues and planning of various recreational facilities throughout the Village. Trustee Santon wanted to address what we are doing. We sent out an application for a 3.6 million dollar legacy grant administered by Westchester County and we have a project of an additional $150,000 amount added that is not covered by the County. He is concerned that we may not be adequately funded because we need 3.8 million and wants to know what alternatives the board is looking at. He wants to do some contingency planning in order to have a fall back position. We also have other parcels throughout the village that has are dedicated park lands and referred it to the recreation counsel. They basically refused to discuss and comment on it because they said"why would we look at what the Village wants us to do when the Village did not act on our prior recommendations". Trustee Goodman called for a point of order and wanted a time limit on a presentation. She declared that this is a board meeting not a monologue and a lecture. She wants to vote on a procedure for the discussion of agenda items. The meeting was adjourned at 10:45 by Mayor Filipowski. 4) Discussion: Various budgetary and fiscal oversight issues 5) Discussion: Status of encroachments on Village-owned properties 6) Discussion: Update on various utility easement matters Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE-WEEK in advance of a meeting at (914) 939-1121. Respectfully Submitted BOT February 10 2004MINUTES Page 13 of 14 Christopher J. Bradbury Village Administrator/Clerk BOT February 10 2004MINUTES Page 14 of 14