HomeMy WebLinkAbout2004-06-08 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY,JUNE 8, 2004--7:30 P.M
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS:
1) Consideration of a local law to amend Section 250-35.F.(I)(e) of Chapter 250
of the Code of the Village of Rye Brook, regarding the display of election
signs.
2) Consideration of a local law to amend Chapter 235, Trees, of the Code of the
Village of Rye Brook, regarding tree permit procedures.
3) Consideration of a local law to amend Chapter 235, Trees, of the Code of the
Village of Rye Brook, regarding several miscellaneous amendments.
RESOLUTIONS:
1) Approving a local law to amend the Village tree ordinance to modify the tree
permit procedure.
2) Setting a date for a public hearing on the Van der Wateren site plan application
for 550/552 Westchester Avenue.
3) Setting a date for a public hearing on local law to amend the Village Code to
regulate the expiration of building permits.
4) Authorizing the Village to enter into an inter-municipal agreement for the
acquisition of real property from the Blind Brook School District to build
athletic fields on property on King Street.
5) Appointment of an Administrative Intern.
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June 8,2004
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6) Authorization of funds for the 2004 Memorial Day Parade to be paid to the
Port Chester-Rye Brook-Town of Rye Veterans' Central Committee.
7) Approving the transfer of funds for recreation accounts.
8) Approval of Meeting Minutes: July 22, 2003, November 12, 2003, April 27,
2004, May 11, 2004.
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS:
Discussion: Remedial projects along Blind Brook, including Rich Manor Park.
Discussion: Follow-up on various utility easement/installation matters.
Discussion: 12 Charles Lane issues.
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT
OF THE TRUSTEES PRESENT AT THE MEETING
NEXT TRUSTEES MEETING: June 22, 2004 and July 13, 2004
BOARD Mayor Lawrence Rand
Trustee Richard Buzin
Trustee Joan Feinstein
Trustee Robert Harris
Trustee Dean Santon
STAFF: Christopher Bradbury, Village Administrator
Keith E. Rang, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Victor Carosi, Village Engineer
Marilyn Timpone Mohamed, Village Consultant
Robert Santoro, Chief of Police
Fred Seifert, Public Access Coordinator
Paula Patafio, Meeting Secretary
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June 8,2004
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Mayor Rand called the June 8, 2004 meeting to order at 7:30 p.m. with the Pledge
of Allegiance. A moment of silence in honor of former President Ronald Reagan
followed.
Mayor Rand called for the first item on the agenda:
1) CONSIDERATION OF A LOCAL LAW TO AMEND SECTION 250-
35.F.(1)(E) OF CHAPTER 250 OF THE CODE OF THE VILLAGE
OF RYE BROOK, REGARDING THE DISPLAY OF ELECTION
SIGNS.
Mayor Rand noted that Village Counsel asked for an adjournment to
complete additional study on this matter. He asked Mr. Edward Beane,
Village Counsel, to address this matter.
Edward Beane, Esq. stated that, in accordance with New York State Law,
ten days' notice must be provided to abutting municipalities in Westchester
County. In order to comply with that requirement the public hearing could
be opened, but could not be closed, and no action could be taken until June
22, 2004.
Trustee Robert Harris stated that he was still not in favor of the size of the
signs. He felt that a sign that was 15 square feet was too large. It was his
hope to convince other Board members that this issue should be addressed.
Mr. Beane noted that if this happened, the reduction of a sign from 15
square feet would be considered a significant change, and the public
hearing could not be closed on June 22nd, nor could the law be passed
because it was significantly changed.
Mayor Rand questioned, assuming that changes are made, when the local
law would go into effect, and what elections would be impacted by it. Mr.
Bradbury responded that this local law should be in place for the November
elections. There are no Village elections or School Board elections in the
near future. He also noted that, as required under Rye Brook's Code, this
matter would be considered by the Planning Board at its next meeting. Any
substantial changes would mean that the information would have to be re-
circulated.
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June 8,2004
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Mayor Rand stated that this matter would remain open, and be continued to
June 22, 2004.
Mr. Bradbury was called upon to review the second public hearing:
2) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER
235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK,
REGARDING TREE PERMIT PROCEDURES.
Mr. Brabury noted that this amendment would modify the Tree Permit
procedures so that in the event that the Director of Public Works, after
consultation with the Village's Planning Consultant, denied a Tree Permit,
it would then be referred to the Village Board of Trustees for appeal rather
than the current Tree and Beautification Committee. A local law has been
drafted to reflect this change, which is before the Board.
Mayor Rand opened the Public Hearing at 7:45 p.m. He called for
comments and discussion from the Board.
Trustee Dean Santon began the discussion on this matter. He asked that the
Village Attorney address the changes to the local law. Mr. Beane noted
that this matter was split into two pieces. The first piece is the public
hearing, and involves a modest change in the Tree Permit procedure to
change the appellate body from the Tree and Beautification Committee to
the Village Board. It also adds the primary jurisdiction to the Village
Engineer, in consultation with the Village Planner before he makes the
initial decision as to whether or not issue a permit. There were also other
light modifications which basically remove from the Tree Committee the
authority over the Tree Permit process. The second local law addresses the
composition of the Tree and Beautification Committee. Simply put, the
first proposal is simple, in that previously the Director of Public Works
could issue a tree removal permit on his own, with the exception of certain
cases. Under this proposed draft the tree permits will be issued with the
Village Engineer working with the Village's Consultant. The Board of
Trustees would be the appeals body.
Trustee Joan Feinstein noted this was an interim measure and she pointed
out that inadvertently the composition of the Tree and Beautification
Committee was currently not in compliance with the Village's Code. She
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June 8,2004
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also noted that at this time any appeals would come before the Village
Board.
Mr. Ken Heller of Lincoln Avenue addressed the Board. He stated that
there are problems with the Village's Code. He pointed out one problem
with the Protected Tree List. He stated that the White Pines that are
protected by the Code are in abundance in Rye Brook. Another problem
noted was that the new preferred list does not contain a single Evergreen —
no Spruces, no Ferns. The only decidwous tree would be the Norway
Maples. This means that Rye Brook would be a deciduous Village without
any Evergreen trees — or any green in the winter. Evergreens are very
important to the environment. He felt that this new law would change the
look of the community and should, therefore, be reconsidered. He also
noted that the Village was suggesting that members from the Planning
Board, and other Boards, be added to the Tree Committee. He felt that it
was important that individuals appointed to this Committee should be
people who know a lot about trees and protecting the environment. He felt
that individuals should be named to this committee who had some sort of
expertise versus just being on the necessary Boards. Mr. Heller discussed
the one-year term, noting that it takes that amount of time to become
familiar with the Village and the policies, therefore, he felt that a one-year
term was insufficient. He reminded everyone that Rye Brook is a Tree
City, and expressed his feelings that the changes now being proposed were
for political reasons. He felt that experts should be brought in to review
these proposed amendments before any decisions are made. These experts
should include arborists, and tree lovers.
Mayor Rand noted that he receives comments from people who traverse the
Village. He has received many comments on how beautiful the Parkway
now looks. The Village of Rye Brook and the Tree Committee worked
very closely with the New York State Department of Transportation, and
fought very hard for every single tree and bush. He thanked the Tree
Committee for all their hard work.
Trustee Santon noted that the Village's Code required members of the Tree
Committee to be from other Boards within the Village. The proposed law
is an interim step, which would not stop pending appeals from being heard.
The Tree and Beautification Committee was formed because of his
suggestion. He noted he wanted two separate Committees, but that former
Trustee Degling suggested that the two committees be merged and, in
hindsight, this has not worked. In the past year there has been no
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June 8,2004
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beautification projects that have been pushed forward. This amendment is
an interim step to make sure that there is a Board to hear appeals and the
next step will be review of the Tree Committee and all requirements.
Mrs. Mary Bellantoni, a member of the Tree Committee, addressed the
Board. She noted that she has received the memorandum and did not have
a problem with the issue now before the Board. She felt that the proposed
procedure was an acceptable procedure. She did, however, see a problem
with making cutting a tree in a resident's yard a misdemeanor. She said
this would be a civil procedure and not a criminal procedure.
Mr. Victor Carosi, Village Engineer, addressed the Board. He noted as the
Director of Pubic Works, he must review all tree permits. He makes
appointments to go out and look at each tree that is the subject of an
application. If a tree does not look healthy, he will call in an arborist
(currently the Village's consultant is Central Tree). He noted that he uses
the resources available to him on a daily basis. Putting this into a law will
add an additional layer, and make it administratively more difficult. He felt
that the language in the proposed local law needed to be tweaked further for
clarification purposes. Mr. Carosi noted that approximately 50 to 75
permits are submitted to the Village per year.
Trustee Santon stated that he felt that it would be very easy to coordinate
site visits with the Village's Consultant and would not create more work for
the staff. He stated that it does not mean that everyone has to go out at the
same time. He stated that he felt very comfortable with the advice given by
the Village's Consultant, and that it would help the Village's Engineer to
have an additional layer of consultation. He also noted that he was
uncomfortable with Central Tree as the Village's consultant because more
times than not they are the before the Board on behalf of applicants.
A resident of Rye Brook asked for clarification of the Village's Code
regarding the membership of the Tree Committee. Mr. Beane noted the
Village is reviewing the local law, and making the change now so that no
one is held up during the appeal process. The Board does not want to do
away with the requirement that members from other Boards be appointed to
the Tree Committee. Mayor Rand stated that there is a balance to be
reached: the owners' rights must be protected, and the Village must be
looked at holistically. At this time the Village Board is trying to clear this
matter up and move forward. Right now beautification is being done by
Village Staff, who are doing a great job. The Beautification Committee
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June 8,2004
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would assist and have much more input than the Tree Committee currently
has.
A resident of Rock Ridge Drive noted that the current Tree Committee
respects and protects the rights of the property owners and the Village.
Mayor Rand noted that, as previously pointed out by Trustee Santon,
merging the two committees has not been working. It was a terrific idea,
but the beautification has not taken place as it had been intended.
Mr. Roger Herman, Chairman of the Tree and Beautifications Committee
addressed the Board. He stated that he agreed with the idea of splitting the
two committees, noting that everyone is looking to protect the quality of
life in the Village, while respecting every resident's rights.
Trustee Robert Harris questioned how many of the 75 applications per year
that come before the Village could be approved without a lot of analysis.
He felt that the consultations could add up to a lot of money spent by the
Village in consultant fees. Mr. Carosi guessed that approximately 40% of
the trees are usually stone dead and the removal is a "no brainer." Others
can be looked at and a decision of whether or not the roots are affecting a
foundation can be easily made.
Mrs. Bellantoni stated that Mr. Carosi was a very reasonable person. Most
of the issues that have come before the Tree Committee have been White
Pine issues. She agreed with Mr. Carosi and Trustee Harris that the
wording within the local law should be "may" versus "must" regarding
bringing in consultants.
Trustee Feinstein noted that regarding the proposed law — it was her hope
that this will shorten the procedure. The Village Board will be the appeal
body. She felt that this matter should be fast tracked, and that expert input
is needed to make this decision.
Mayor Rand called for a motion to close the public hearing. On a motion
made by Trustee Santon, and seconded by Trustee Feinstein, the public
hearing was closed, and the roll was called.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
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June 8,2004
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TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand called for the next matter on the agenda:
3) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER
235, TREES, OF THE CODE OF THE VILLAGE OF RYE BROOK,
REGARDING SEVERAL MISCELLANEOUS AMENDMENTS.
Mayor Rand opened the pubic hearing at 8:20 p.m. He asked Mr. Bradbury
to review this matter.
Mr. Bradbury noted that this law makes several changes to the local law. It
addresses the appeals body, and includes recommendations made by the
Planning Consultant about trees that should be replaced, and how trees
should be preserved. Copies of this local law were sent, as requested by the
Board at the last meeting, to the Tree and Beautification Committee.
Trustee Santon noted that in July of 2003 the Tree and Beautification
Committee made a variety of recommendations. These changes were put
into a draft local law. Nothing happened with this draft until the
discrepancy in the membership of the Committee was discovered. He felt
that basic information is missing from the Code. In going forward, a
decision regarding the make up of the committee must be made. He
suggested more expertise in the way of an arborist and consultants should
be included. He felt that the suggestions and comments made by the Tree
Committee are very important. He noted that New York State does not
have a list of protected trees, however, Rye Brook does. The Tree
Committee recommended adding trees to that list. Trustee Santon stated
that the White Pine has been the source of constant debate. Majestic trees
deserve to be protected, and the elimination of the White Pine from the list
should be further discussed, and pointed out that the current list is a
working document.
Mr. Heller addressed the Board again as a member of the Tree Committee.
He pointed out that the utility companies affect many of the trees when
installing telephone lines, etc. They are not looking to protect the trees, but
their main concern is to clear their lines. He felt that this matter should be
addressed as their tree trimming adversely affects the appearance of the
community. Mr. Heller noted that, as a resident, he does not take down
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June 8,2004
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trees. However, there are many homeowners that do not want to spend
money to prune and shape trees, or to nurse them back from illnesses.
Trees take anywhere fro 75 to 300 years to mature and cannot be replaced
easily. A tree that has grown in a location for many decades is a strong
tree. Many residents come in with reasons to remove a tree that shouldn't
be accepted. He stressed that education is an important part of this process.
Mr. Herman made a few comments on the proposed local law. He noted
that many of the proposed changes were important ones. He also noted that
the Board has reviewed many applications regarding White Pines. White
Pine is prevalent in the Village and their roll must be considered.
Mrs. Bellantoni noted that many changes and comments were submitted
from the Tree Committee. She felt that many of the suggestions were
made, but no final decisions were ever made. She noted that White Pines
are still protected if they are over 4" in diameter.
Trustee Feinstein noted that more input was needed, and that the Board
should seek it out before a decision was made. She suggested a Work
Session so that the Village Board could hear from the experts.
Mayor Rand agreed with Trustee Feinstein, noting that is a quality of life
issue. He noted that the public hearing would remain open, and considered
the resolution as a work in progress. Mr. Bradbury agreed that the Board
could leave the public hearing open. Trustee Santon suggested moving this
matter a month back to the first meeting in July. In the meantime a Work
Session should be scheduled as there were many issues to be addressed, i.e.
structure, what trees to protect, etc.
Trustee Harris stated that he felt that the one-year term would be
insufficient and suggested considering two and three year staggered terms.
He suggested that the Tree Committee meet on its own first to review this
matter, and then a joint meeting should be scheduled. Trustee Santon
disagreed, and pushed to have a joint meeting scheduled. Mayor Rand
responded that a joint meeting would be scheduled, but that he felt that it
would be a good idea to have the Tree Committee review this matter first.
Trustee Santon persisted, pushing for a joint meeting to be scheduled and
then directing the Tree Committee to meet before that date. Mayor Rand
scheduled the joint meeting for June 22, 2004, prior to the Board of
Trustees meeting. Mayor Rand noted that the public hearing would remain
open. He thanked everyone for their input. Trustee Santon made a motion
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June 8,2004
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to adjourn the public hearing until July 13, 2004. The motion was
seconded and Mr. Bradbury called the roll:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand noted that before the Board addressed the resolutions, he noted
that there was a request from County Legislator Rogowsky to address the
Board.
County Legislator Rogowsky thanked the new Mayor, and the Board, for
allowing him to address the Board. He began by noting that the Legacy
application decision was still off many months, perhaps as late as the end of
the year. He extended sympathy to the family who suffered a loss at
Playland, noting that the County had conducted a thorough investigation
and found that the ride was safe. It passed all inspections. Additional
safety factors have been added.
County Legislator Rogowsky noted that the results of several months of
negotiations have just been released in connection with studies done at the
Westchester County Airport. No taxpayers' dollars were involved in this
study. He looked forward to coming to the Village of Rye Brook and
making a presentation on the proposed ten-year extension, with two five
year options beyond that, for the Airport. The County Charter is scheduled
to be amended and incorporated into the Charter the terms of the Terminal
Capacity Agreement. The Airlines and the FAA has worked with the
County on this new Agreement.
County Legislator Rogowsky noted that the County is looking at repaving
Anderson Hill Road from Arrowwood to King Street. It has been a tough
winter and the County has agreed to complete this work by the end of the
year.
Mayor Rand questioned where the matter of de-icing stood. County
Legislator Rogowsky responded that the good news is the entire proposal of
the $25 million dollar centralized de-icing facility is off of the table.
Instead the County is reviewing the seven areas of de-icing that currently
Board of Trustee Meeting
June 8,2004
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exist and are fixing these sites. This is an approximately $15 million dollar
proj ect.
Mayor Rand thanked County Legislator Rogowsky for his update.
Mayor Rand touched upon another topic before returning to the agenda. He
stated that many people have been asking where the revaluation process
was. Rye Brook has posted on its website the June 1 st Tax Roll as it relates
to the residents of Rye Brook. A member of the Task Force gave a brief
update. It was noted that this Task Force has truly served the residents of
Rye Brook. The informal process is now over, and now the formal part of
the process has started — the grievance process. That process will be over
by June 15th, culminated by Grievance Night. The Board of Assessment
Review will hear the grievances. They will meet at Rye Town Hall
between 1:30 p.m. and 4:30 p.m. and between 6:00 p.m. and 8:00 p.m. All
residents must have their paperwork in to the Assessor's office by June
15th. Also available to residents is the S.T.A.R. process.
It was noted that although residents were notified by M.J.W. Consulting
that their valuations would be reduced, they are not coming up on the June
1St roll as being reduced. Many residents are very unhappy about this.
There have been some changes made to the roll, however, some of the
changes were not properly communicated to the Assessor's office. It was
noted that a very large number of residents in the Arbors have noticed a big
difference from the M.J.W. paperwork and the actual roll. In addition,
some residents received reductions orally, but never received any
collaboration in written form. Any resident that has experienced these
problems should address the matter through the grievance process. They
must submit a grievance form before the June 15th deadline in order to have
these issues addressed. The forms should be completed noting un-equal
assessments. Mr. Beane, noting that he was not giving out legal advice,
stated that anyone who was unhappy with their evaluations should file the
grievance forms. It was also noted that if errors have been made in
inventory, i.e. the square footage, then these errors could be corrected by
the Assessors' office from June 15th through September 15th. There are
many concerns about mismatched assessments. These assessments will be
corrected as all new sales are reviewed annually. This matter was
thoroughly discussed, with the end result being that if there were any
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June 8,2004
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questions to the valuation given on a resident's home, or to the responses
received from the consultant, the residents should file a grievance form.
Trustee Harris questioned the availability of the video that was to be
prepared on how to file out the grievance form. The response was that the
video was not available. It was noted that there were other items that the
Task Force had hoped would be available to the residents, such as copies of
the property resident card, which didn't come to fruition. A complete
disclosure notice was also supposed to be supplied to all of the residents,
but this data had to come from the New York State Office of Real Property
Services and the data was not made available in time.
Trustee Santon addressed this matter. He noted that the consultant that was
hired to complete the revaluation work was at very few of the scheduled
meetings. In addition, it is now discovered that the consultants' decisions
are not binding on the Tax Assessor. He expressed his opinion that the Tax
Assessor should have been more involved in the process. He encouraged
residents to file grievance forms before the 15th
Mayor Rand thanked the Task Force for their spectacular job.
Mayor Rand stepped down from the dais to make a statement. He
addressed a recent article in a local newspaper entitled the "New Sheriff in
Town." This article discussed the new policies on recyclables, bulk trash
collections, green waste, etc. The writer addressed the residents that were
violating Village law by putting out their trash out before the allotted time
and receiving summons versus warnings. He noted that when he took his
oath he promised to uphold the law. No part of the oath stated that
exceptions should be made for the rules that were found to be petty — or
that some residents should be excused from obeying these laws. The Code
Amendments — and Code enforcements — are meant to keep Rye Brook
both beautiful and safe. The Village is spending a great deal of time and
effort on looking for deficiencies in the Code — changing them and then
enforcing them. The job of this Board of Trustees is to set policies,
procedures, and then hire the best and most competent personnel to help
enforce the rules, laws, and regulations. This is not an inflexible Board.
Things are looking up, and this Board will do what is best for everyone.
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June 8,2004
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Mayor Rand returned to the agenda:
RESOLUTIONS:
1) APPROVING A LOCAL LAW TO AMEND THE VILLAGE TREE
PERMIT PROCEDURES
Mr. Bradbury read the resolution. On a motion made by Trustee Santon
and seconded by Trustee Harris, the following resolution was adopted:
RESOLUTION
ADOPTING A LOCAL LAW TO AMEND THE VILLAGE
TREE ORDINANCE TO MODIFY THE TREE PERMIT PROCEDURE
WHEREAS, a local law was introduced to amend Chapter 235 of
the Code of the Village of Rye Brook to modify the tree permit procedure;
and
WHEREAS, the adoption of the proposed local law is an unlisted
action pursuant to Article 8 of the State Environment Conservation Law
and 6 NYCRR Part 617; and
WHEREAS, a duly noticed public hearing was held on June 8,
2004, at which time all those wishing to be heard were given the
opportunity to be heard and the hearing was closed on that date; and
WHEREAS, the Board of Trustees of the Village of Rye Brook
after due deliberation, finds it is the best interest of the Village to adopt
such local law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook hereby declares itself lead agency for
the review of the proposed local law; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the
Village of Rye Brook, in accordance with Article 8 of the State
Environment Conservation Law and 6 NYCRR Part 617, and upon review
of the EAF that was prepared for this local law, hereby adopts a Negative
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June 8,2004
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Declaration since the local law will not have a significant adverse impact
upon the environment; and
BE IT FURTHER RESOLVED, that the Board of Trustees Village
of Rye Brook hereby adopts the proposed local law to amend Chapter 235
of the Code of the Village of Rye Brook to modify the tree permit
procedure, which amendments are enacted into law as Local Law #7-2004;
and
BE IT FURTHER RESOLVED, that the Mayor and the Village
Clerk are authorized to sign all necessary documents to implement the
purposes of this resolution.
Mayor Rand called for discussion. Trustee Feinstein made a motion to
amend Section 237. She made a further motion for a change in Section 3(e)
changing "in consultation with the Village's Planning Consultant" be
stricken.
Trustee Santon did not agree with the second proposed amendment. He felt
that the consultation should be required, even if the trees are stone dead.
He felt that these amendments should be tried before any changes are made.
Trustee Harris felt that if trees are truly stone dead then no consultation
should be required, thus saving Village funds. Mayor Rand felt that the
Village Engineer is qualified to decide when to call for a consultation. He
felt that the amendments suggested by Trustee Feinstein were fair.
The roll was called on the amendments to the resolution:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
The roll was called on adopting the resolution:
TRUSTEE BUZIN VOTING AYE
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June 8,2004
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TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
The next matter was called before the Board:
2) SETTING A DATE FOR A PUBLIC HEARING ON THE VAN DER
WATEREN SITE PLAN APPLICATION FOR 550/552
WESTCHESTER AVENUE
Mr. Bradbury read the resolution. On a motion made by Trustee Santon
and seconded by Trustee Feinstein, the resolution was adopted.
RESOLUTION
SETTING DATE FOR A PUBLIC HEARING ON THE SITE PLAN APPROVAL
APPLICATION FOR 548 AND 550/552 WESTCHESTER AVENUE
WHEREAS, Robert H. van der Wateren/550 Realty Corporation, is
the owner of two (2) adjacent properties located at 548 and 550/552
Westchester Avenue and has made an application to the Village of Rye
Brook, requesting site plan approval for site improvements that include an
access easement, a new curb cut and driveway and five (5) additional
parking spaces on the subject properties, located in the R-2F Zoning
District; and
WHEREAS, application was referred to the Village Planning Board
and Planning Consultant by the Board of Trustees on August 26, 2003; and
WHEREAS, the Planning Board, Planning Consultant and Village
staff reviewed the information submitted by the applicant in connection
with the application, including a Short Environmental Assessment Form
(EAF), the report and recommendations regarding easements, parking area
design, landscape and screening, drainage, lighting and impervious
coverage submitted by the Planning Consultant and staff, and comments
received from the Westchester County Department of Planning regarding
parking lot design and NYS DOT review of the proposed curb cut; and
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June 8,2004
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WHEREAS, by resolution approved March 4, 2004 at a special
meeting, the Planning Board referred the matter back to the Board of
Trustees with a recommendation for approval of the proposed site plan,
subject to the following conditions:
1. That NYS DOT grants approval for the location and design of the
new curb cut at 548 Westchester Avenue;
2. That the Village Zoning Board of Appeals grants a variance from the
total maximum impervious surface coverage for 550/552
Westchester Avenue;
3. That the Village Zoning Board of Appeals grants a variance from the
number of parking spaces required for the six residential units at
550/552 Westchester Avenue;
4. That the access easement is reviewed and approved by the Village
Attorney and the Board of Trustees;
5. That the application shall be referred back to the Planning Board for
review and recommendation if the Zoning Board of Appeals requires
modification of the site plan to grant the two variances sought or the
NYS DOT modifies the plan to grant its approval;
6. That the grading and drainage, erosion and sediment control and
lighting plans are reviewed and approved by the Village Engineer
prior to issuance of a building permit;
7. That the landscape plan is reviewed and approved by the Village
Engineer and Village Planning Consultant prior to issuance of a
building permit; and
8. The Village Attorney has determined that the premise at 550/552
Westchester Avenue is a lawful preexisting nonconforming use.
However, the Village Attorney shall render a legal determination as
the extent of lawful nonconformity of the premises and, in
conjunction with such, an inspection of premises shall be conducted
by the Building Inspector to determine whether the 550/552
Westchester Avenue is a six (6) — family dwelling, in accordance
with the New York State Building Code in effect in 1950.
WHEREAS, on March 9, 2004, the Board of Trustees referred the
application to the Village of Rye Brook Zoning Board of Appeals for
review and action regarding relief from the requirements of Sections 250-
6(G)(1) of the Zoning Code; and
Board of Trustee Meeting
June 8,2004
16
WHEREAS, by resolution passed on June 1, 2004, the Rye Brook
Zoning Board of Appeals granted the applicant a variance from the
requirements of Section 250-37(D), which included certain conditions; and
WHEREAS, by resolution passed on June 1, 2004, the Rye Brook
Zoning Board of Appeals granted the applicant a variance from the
requirements of Section 250-6(G)(1), which included certain conditions;
and
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of Rye Brook shall hold a public hearing on July 13, 2004 at 7:30
pm, at Village Hall, 938 King Street, Rye Brook, New York to consider the
application of Robert H. Van der Wateren/550 Realty Corporation,
requesting site plan approval for site improvements that include an access
easement, a new curb and driveway and five (5) additional parking spaces
on the subject properties, located in the R-2F Zoning District.
Trustee Santon questioned whether or not all Board members received the
legal memorandum dated May 23, 2004. This memo was directed to the
Board of Trustees, but this legal opinion has not yet been discussed. He
asked that the public hearing not be set for June, as proposed, but rather for
the first meeting in July. Trustee Santon also questioned whether the Board
has received the easement document. In addition, he stated that the Board
should have access to the New York State approvals for the curb cut on
Westchester Avenue. Trustee Santon made this motion, to which no one
responded. Trustee Santon called for a vote on this motion. However,
Mayor Rand called for comments from the applicant.
Bernard Edelstein, Esq., legal representative for the applicant, addressed the
Board. He noted that the applicant has been before the Board of Trustees
many months ago. They were referred to the Zoning Board and the
Planning Board. There was a tremendous amount of input that was
responded to by the applicant. The Zoning variances were granted. The
Department of Transportation supplied the applicant with approval for the
curb cut, which was supplied to the Planning Board. This matter has taken
an inordinate amount of time for this application — which is now almost a
year old. Time is money, and further delays cause financial hardship to the
applicant. The installation of a driveway and five parking spaces has
turned into an incredible project. He asked that the public hearing be
scheduled for June and not the first meeting in July.
Board of Trustee Meeting
June 8,2004
17
Trustee Santon expressed that this is not a simple application to add a few
parking spaces but rather deals with a non-conforming property. He has
made the legality of the conformity one of the central issues of the
application. This application, that was referred on August 26, 2003 to the
Planning Board and Planning Consultant, has a six family dwelling in a two
family zoning district. There is incomplete documentation to support the
six family use. Trustee Santon noted that he took issue that the legal
opinion to the Board of Trustees was released to everyone, including the
applicant, without the courtesy of having the Village Board review the
memorandum first. He requested the opportunity to hold an appropriate
Executive Session on the legal opinion of the Village's Counsel. He felt
that it was within his rights as a Trustee.
Mr. Edelstein addressed the non-conforming issue. He noted that Village
Counsel agreed that this was a legal six family, non-conforming use. Now
the memorandum has been issued, stating that this is a legal non-
conforming six family house. The Acting Building Inspector has made a
site inspection, as did the Fire Inspector. Various requests were made by
both and, even though these requested changes had nothing to do with the
addition of the parking spaces, the applicant agreed to complete all the
recommendations. Mr. Edelstein could not understand what more Trustee
Santon could want the applicant to do as he has bent over backwards,
forwards, and sideways. He felt that it was now time to approve the
application.
Mr. Bradbury called the roll on the amendment to change the public
hearing date from June 22, 2004 to July 13, 2004.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING NO
TRUSTEE HARRIS VOTING NO
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mr. Miloro asked to address this matter. He stated that he was in support of
the application as the applicant was installing these parking spaces for the
benefit of his tenants, who are Rye Brook residents. Mr. Miloro noted
having worked with a local carpenter many years ago he knew that when
the applicant purchased this home it was a six family house.
Board of Trustee Meeting
June 8,2004
18
Mayor Rand stated that, as stated by Deputy Mayor Santon, a number of
the Trustees had not had the opportunity to review the memorandum, or
discuss this matter with the attorney in an Executive Session.
Mr. Beane clarified that he had no problem with discussing this matter in an
Executive Session, but corrected the insinuation that the memo was
released inappropriately. He noted that the memorandum was issued at the
request of the Zoning Board, to assist them in making its decision as to
whether or not it should grant the two variances that were required in
connection with this application. The Zoning Board of Appeal directed the
Village's Attorney to provide a copy of this memorandum to the applicant.
The Village Attorney also provided copies to the Village Board. The
Zoning Board of Appeals has made the decision to grant the two variances.
As the ultimate decision making body is the Board of Trustees, the memo
was addressed to the Board of Trustees. In retrospect, he realized that the
memo should have been addressed to the Zoning Board and not the Board
of Trustees. He also pointed out that when a legal opinion is offered, the
client does not have to listen.
Trustee Santon called for clarification of the lot numbering for the
applicant's property. Ms. Timpone-Mohamed noted that the lot numbers
seemed to have changed over time and so the decision was to reference the
properties by their street addresses so as to avoid confusion.
Mr. Bradbury called the roll on the resolution, as amended:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
3) SETTING DATE FOR A PUBLIC HEARING ON LOCAL LAW TO
AMEND THE VILLAGE CODE TO REGULATE THE
EXPIRATION OF BUILDING PERMITS
Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein
and seconded by Trustee Buzin, the following resolution was adopted:
Board of Trustee Meeting
June 8,2004
19
RESOLUTION
SETTING DATE FOR A PUBLIC HEARING
ON A LOCAL LAW TO AMEND THE VILLAGE CODE
TO REGULATE THE EXPIRATION OF BUILDING PERNHTS
WHEREAS, a local law to amend Sections 91-2 and 219-13 of the
Code of the Village of Rye Brook to regulate the expiration of building
permits has been introduced;
IT IS FURTHER RESOLVED, that the Board of Trustees of the
Village of Rye Brook shall hold a public hearing on July 13, 2004 at 7:30
p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a
proposed local law to amend Sections 91-2 and 219-13 of the Code of the
Village of Rye Brook to regulate the expiration of building permits.
Mayor Rand addressed this matter. He noted that it has been discovered
that many Building Permits remain open. This resolution sets a date for a
public hearing on a local law to amend the Village Code to regulation the
expirations of building permits. Mr. Bradbury noted that this allows for an
expiration of a building permit. There are options within the amendments.
Mayor Rand noted that this matter must be hashed out.
Trustees Harris commented that a perfect example of an open Building
Permit was the Reckson Executive Park. He asked where this application
would fall. Mr. Beane noted that the permits that have been issued are well
beyond any of the dates and are, therefore, grandfathered. Trustee Harris
felt that this type of application could be included as of the day that this law
is adopted.
Trustee Santon stated that Reckson did not have a valid permit because the
permits issued in September of 1999 became — in his opinion — null and
void when the site plan was modified by the Board in August of 2000. He
felt that they now have permits that were no longer useful. At this time
Reckson is an applicant for a new building permit. Trustee Santon also
noted that the August 2000 site plan approval expires in August of 2005.
Mr. Bradbury noted that there are different scenarios to be addressed. He
stated that the objective is to get applicants to the point of completion. The
issues that are being contemplated must be reviewed and researched first.
Board of Trustee Meeting
June 8,2004
20
Mayor Rand questioned whether or not this matter would be ready for a
public hearing in July. Mr. Beane stated that he required guidance from the
Board in order to draft this local law. He noted that also to be addressed is
the applicant who receives the building permit, but then stops halfway
through the project. The Village can either issue an ultimate to the
applicant to take down the construction, or the Village will finish it and
then bill the applicant. The ultimate goal is easy to see, but now its time to
figure out how to get there.
Trustee Santon noted that the rights of an individual who, for whatever
reason, has chosen not to go forward must be balanced with the rights of
the abutting neighbors who are impacted. A discussion regarding a project
in the Village that has stopped midstream ensued. One suggestion was the
issuance of a performance bond to ensure that the project is completed
could be required. It was noted that at this time there was no penalty for a
project that was started and, for whatever reason, stopped midstream. For
the good of the community these properties cannot lay stagnate for seven
years.
Trustee Feinstein stated that the final decision must have teeth. The goal is
to force the homeowner to move to the next step, and reach completion.
Mr. Beane stated that some of the projects that have stopped in mid-stream
can be addressed by the Village as a matter of safety. Mayor Rand
suggested that this matter be drafted that default meant appearing before a
judge. Trustee Feintstein felt that there were several options, including
legal and monetary impacts. Trustee Santon felt that the existing permits
must be addressed. He felt that failure to complete a building permit should
somehow affect the existing Certificate of Occupancy. It was also noted
that there should be an appeals provision.
Mr. Bradbury called the roll:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
4) AUTHORIZING THE VILLAGE TO ENTER INTO AN INTER-
MUNICIPAL AGREEMENT FOR THE ACQUISITION OF REAL
Board of Trustee Meeting
June 8,2004
21
PROPERTY FROM THE BLIND BROOK SCHOOL DISTRICT TO
BUILD ATHLETIC FIELDS ON PROPERTY ON KING STREET
Mr. Bradury read the resolution. On a motion made by Trustee Feinstein,
and seconded by Trustee Santon, the following resolution was adopted:
RESOLUTION
AUTHORIZING THE VILLAGE OF RYE BROOK
TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT
FOR THE ACQUISITION OF REAL PROPERTY FROM
THE BLIND BROOK-RYE UNION FREE SCHOOL DISTRICT
TO BUILD ATHLETIC FIELDS ON PROPERTY ON KING STREET
WHEREAS, the Blind Brook-Rye Union Free School District (the
"School District") owns a parcel of property (the "Property") of
approximately 1.16 acres adjacent to the Village of Rye Brook's (the
"Village") property at the former compost site on King Street, designated as
part of tax Lot 2A, Block 6, Section 1, and further designated on a metes
and bounds description prepared by LAN Associates annexed to this
Resolution; and
WHEREAS, the Village, in response to an increasing demand for
athletic fields within the Village, desires to acquire this Property as part of
its Project of acquiring certain parcels of real property adjacent to its former
compost site on King Street for the construction of new athletic fields; and
WHEREAS, the School District has agreed to sell and the Village
has agreed to purchase the Property for construction of these athletic fields
in accordance with the terms and conditions set forth in an Inter-Municipal
Agreement between the Village and the School District;
NOW, THEREFORE, BE IT RESOLVED, that the Village of
Rye Brook, Board of Trustees hereby approves the acquisition of the
Property and authorizes the Village to enter into an IMA with the School
District which shall include the following economic terms and conditions:
1. The Village shall acquire the Property from the School
District for a purchase price of One Hundred Fifty
Thousand and 00/100 ($150,000.00) Dollars, which price
Board of Trustee Meeting
June 8,2004
22
shall be inclusive of all fees and costs. Each parry to the
transaction shall pay its own legal fees and costs and other
expenses related to the acquisition, except as set forth to the
contrary in the IMA.
2. The obligations of the School District and Village to close
the transaction and complete the acquisition contain, among
other things, obligations that are contingent upon the
occurrence of each of the following conditions:
a) The approval by the voters of the School District of the
conveyance of the Property by the School District to
the Village in accordance with the terms and
conditions of the IMA, pursuant to a referendum duly
noted, held and conducted at an annual or special
meeting pursuant to Section 405 of the Education Law.
The School District agrees to schedule and conduct the
referendum to approve the conveyance by not later
than October 15, 2004 and the Village agrees to pay all
costs associated with the referendum.
b) The approval by the affirmative vote of two-thirds of
the Homeowners of the Arbors Homeowners'
Association, Inc. ("AHOA") of the sale of certain real
property owned by the AHOA to be used by the
Village in connection with the construction of the
athletic fields, in accordance with the separate
agreement between the Village and the AHOA.
c) The issuance by Westchester County of a Legacy
Grant to the Village for the construction of these
athletic fields.
d) The Village has until August 15, 2004 to perform due
diligence with respect to current and past
environmental conditions at the Property, including
conducting environmental tests and studies, at the sole
cost and expense of the Village. In the event these
tests disclose any conditions that would constitute a
violation of federal, state or local law, ordinance or
regulation, the Village has the right to cancel the IMA
on timely written notice as set forth therein.
e) Certain title conditions which are set forth in the IMA.
Board of Trustee Meeting
June 8,2004
23
3. The Village and School District have agreed to a number of
conditions concerning the construction, use and
administration of the athletic fields, all of which are set
forth in the IMA and shall survive the delivery of the deed;
and
BE IT FURTHER RESOLVED, that the Mayor is
authorized to sign the IMA and all other documents necessary and
appropriate to accomplish the purposes of this Resolution.
Trustee Harris questioned whether or not there was a deadline on the
Arbor's vote. Mr. Beane noted that this was still under negotiations and
could not be disclosed at this time. Trustee Harris noted that he was in
favor of a project that took the pressure off of the school. He felt that a
track is vital to the Village. He felt that the track would be like a "Village
Green." Mayor Rand noted that this project has been the subject of
discussion for a long time. Trustee Santon commented on a sub-committee
that consisted of himself, the Village Administrator and the former Mayor
that worked with the School District in connection with earmarking the
$150,000 from the Village for the track. The concept was that one-third of
the track would be funded by the School District, vis-a-vis their taxpayer
funding; one-third would be fundraised; and the final one-third would come
from the Village. The current agreement was not the intent of the School
Board negotiator, nor was it his intent. The School District will be
developing a track and hopefully the Village will have access to the project.
Trustee Santon stated that the IMA should speak for itself. He felt that the
conditions might not be consistent with the provisions within the IMA.
Mr. Beane noted that this Board is authorizing the Mayor to sign the IMA.
There are economic obligations within the IMA. Until the IMA is signed
by everyone, it is not a public document. The only way to publicly disclose
the economic terms is to put it in a resolution. The IMA speaks for itself
and it will be the governing document. Mr. Beane noted that the actual
agreement will be part of the public record when it is signed. At this time it
is privileged information.
Trustee Santon continued the discussion. He stated that the resolution was
not binding on the School District. He also felt that the resolution
contained language problems.
Board of Trustee Meeting
June 8,2004
24
Mr. Beane noted that the resolution authorizes the Mayor to sign the IMA.
The resolution is just a resolution of authorization. The IMA is the
document that counts. Trustee Feinstein noted that the resolution simply
highlights what is in the IMA. Trustee Santon felt that acreage should be
included in the resolution. The Board agreed with this addition.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
5) APPOINTMENT OF AN ADMINISTRATIVE INTERN
Mr. Bradbury read the resolution. On a motion made by Trustee Harris and
seconded by Trustee Santon, the following resolution was adopted:
RESOLUTION
APPOINTMENT OF ADNIINISTRATIVE INTERN
RESOLVED, that Keith E. Rang of P.O. Box 225, Rye, New York,
is hereby appointed to the position of Administrative Intern with the
Village of Rye Brook, subject to the Civil Service procedures of the State
of New York; and be it
FURTHER RESOLVED, that the annual salary is $37,000 with an
effective start date of June 10, 2004.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mr. Bradbury introduced Mr. Rang to the Mayor, the Board, and members
of the public. Mr. Rang thanked everyone for the opportunity to work with
Rye Brook.
Board of Trustee Meeting
June 8,2004
25
6) AUTHORIZATION OF FUNDS FOR THE 2004 MEMORIAL DAY
PARADE TO BE PAID TO THE PORT CHESTER-RYE BROOK-
TOWN OF RYE VETERANS' CENTRAL COMMITTEE.
Mr. Bradbury read the resolution. On a motion made by Trustee Santon
and seconded by Trustee Feinstein, the following resolution was adopted:
RESOLUTION
AUTHORIZATION OF FUNDS FOR THE 2004 MEMORIAL DAY
PARADE TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN
OF RYE VETERANS' CENTRAL COMMITTEE
WHEREAS, the Port Chester-Rye Brook-Town of Rye Veterans'
Central Committee hosted the 2004 Memorial Day Parade on Monday,
May 31, 2004; and
WHEREAS, the Village of Rye Brook Village Board would like to
continue to assist the Veterans' Central committee with this event.
NOW, THEREFORE, BE IT RESOLVED, that the Village of
Rye Brook will pay seven hundred and fifty dollars ($750.00) to the Port
Chester-Rye brook-Town of Rye Veterans' Central Committee for its 2004
Memorial Day Parade.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mr. Bradbury noted that he received a request from the Port Chester-Rye Brook-
Town of Rye Independence Day Observance committee for $3,000.00 for the 4111
of July celebration. He asked that the Board authorize this payment.
Mayor Rand called for a motion. On a motion made by Trustee Buzin, and
seconded by Trustee Santon, approval was granted.
TRUSTEE BUZIN VOTING AYE
Board of Trustee Meeting
June 8,2004
26
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
7) APPROVING THE TRANSFER OF FUNDS FOR RECREATION
ACCOUNTS.
Mr. Bradbury read the resolution. On a motion made by Trustee Santon
and seconded by Trustee Feinstein, the following resolution was adopted:
RESOLUTION
BUDGET MODIFICATION
RESOLVED, that the following budget modification be hereby
approved:
FROM TO AMOUNT
101.7180.449 101.7140.475 $6,153.79
(Teen Center - (Recreation Dept. —
Misc. Supplies) Adult Programs)
FROM TO AMOUNT
101.7180.120 101.7140.475 $2,000.00
(Teen Center - (Recreation Dept. —
Program Leaders) Adult Programs)
Trustee Santon questioned this transfer. Mr. Bradbury noted that this
transfer was a reimbursement.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Board of Trustee Meeting
June 8,2004
27
8) APPROVAL OF MEETING MINUTES: JULY 22, 2003,
NOVEMBER 12, 2003, APRIL 27, 2004, MAY 11, 2004.
Mayor Rand noted that he handed his comments in. He asked that any
Board member with comments also hand in their written corrections. On a
motion made by Trustee Santon, and seconded by Trustee Feinstein, the
summaries were approved as amended.
Mr. Bradbury called the roll:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
ADMINISTRATOR'S REPORT
Mayor Rand turned to Mr. Bradbury for the Administrator's Report:
Mr. Bradbury gave a brief overview of what was happening within the Village.
He noted that the Village Hall driveway was scheduled to be moved in order to
work on the new access.
Mr. Bradbury noted that there will be paving work scheduled for the Anderson
Hill area in the next several months. He then reviewed the grants received by the
Village. He noted that the Village has been working with the County for the past
six or eight months on another grant. He thanked Connie DiSalvo and Victor
Carosi for their hard work on one of the grants.
OLD BUSINESS
Trustee Buzin thanked everyone for their hard work on the IMA.
Mayor Rand noted that he needed a motion to schedule an Executive Session to be
held at the end of the meeting. He also requested that, because of the time, the
Board of Trustee Meeting
June 8,2004
28
matters under new business be held over to the next meeting. Trustee Santon
refused, noting "...it won't be long." Mayor Rand asked that he compromise and
pick one item for discussion.
NEW BUSINESS:
Discussion: Remedial projects along Blind Brook, including Rich Manor Park.
Discussion: Follow-up on various utility easement/installation matters.
Discussion: 12 Charles Lane issues.
Discussion: Remedial projects along Blind Brook, including Rich Manor
Park
Trustee Santon suggested a community clean up day to get everyone together and
work on cleaning up the Blind Brook. This was done years ago, and debris that
was in the Brook was removed. He felt that this would be a good tool for public
outreach and education, not to mention the environmental impact that it could
have. He also wanted to be sure that all members of the Board received the report
completed by Dolph Rotfeld in November of 2002. This report was a study of the
eastern branch of the Blind Brook. There was a budget earmarked for this work in
the amount of $850,000. He noted that a detention basin has been suggested for
the last building lot on Edgewood. Trustee Santon gave the history of how the
Village acquired this building lot. He also noted that work was also to be done at
the Hidden Falls Pond.
Mr. Bradbury noted that since November 7, 2002, the date of the report, money
has been earmarked for the project. He gave an update of where the Village has
been since then. Work on these areas has been money well spent. He presented
the Board with photographs of the stream bank at Rich Manor Park, pointing out
the dramatic change.
Trustee Santon asked Mr. Bradbury to address his suggestion of a clean up day.
Mr. Bradbury felt that a clean up day was a great idea, and noted that many
communities hold annual clean up days. He suggested scheduling Rye Brook's
Clean Up Day for the end of the summer.
Board of Trustee Meeting
June 8,2004
29
Discussion: 12 Charles Lane issues
Trustee Buzin noted that many homes within the Village are being taken down and
replaced with larger homes. The Village has rights and obligations, as does the
property owner. The Village does its due diligence for every application.
However, the Village Code needs to be brought up-to-date to protect the rights of
the property owners and the Village. The 12 Charles Lane application has been in
the limelight recently, and Trustee Buzin wanted to ensure that the Village would
continue to do everything possible to protect the rights of all homeowners in
proximity to projects of this type.
Mayor Rand noted that Rye Brook is now working to customize the Village's
Code to better protect both the residents and the Village. It is an on-going process.
Mayor Rand noted that the next Trustee Meetings were scheduled for June 22,
2004 and July 13, 2004
Mr. Miloro addressed the Board for a second time. He stated that recent
discussions have been held regarding sidewalk repairs. Some areas of Rye Brook
do not have sidewalks. Some areas of Rye Brook have had sidewalks installed
using grants and/or paid for by the Village. He felt that it was unfair to now turn
to the remaining homeowners with sidewalks and ask them to pay half of the
repair work. He also noted that some of the sidewalks are concrete, some are
black top, and others are dirt. He felt that the Village should look at installing
sidewalks near the High School.
Mayor Rand thanked Mr. Miloro for his comments. He noted that the current
Board is working on this matter. Trustee Santon noted that he has been an
advocate for sidewalk work. He felt that the Village needs to inventory what work
needs to be done on sidewalks within the Village, as well as create a policy for
sidewalk repair.
Mayor Rand adjourned the meeting.
Respectfully Submitted
Christopher J. Bradbury
Village Administrator/Clerk
Board of Trustee Meeting
June 8,2004
30