Loading...
HomeMy WebLinkAbout2004-08-24 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,AUGUST 24, 2004--7:30 P.M AGENDA 6:30 P.M. —Executive Session: Personnel ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARING 1) Consideration of a local law to amend the Village Code to regulate the Expiration of Building Permits. RESOLUTIONS 1) Adopting a local law to amend the Village Code to regulate the Expiration of Building Permits. 2) Authorizing the Planning Consultant to proceed with a Property Analysis of Village land on Lincoln Avenue. 3) Adopting a Local Law to amend Chapter 180 of the Code of the Village of Rye Brook regarding Plumbing. 4) Supporting the Westchester County IDA Project at 760-800 Westchester Avenue under certain conditions. 5) Considering a Modification of Notification Requirements for an addition to a single-family dwelling located at 247 Betsy Brown Road. 6) Considering a Modification of Notification Requirements for an addition to a two-family dwelling located at 50-52 Woodland Avenue. 7) Considering a Modification of Notification Requirements for an addition to a single-family dwelling located at 15 Pine Ridge Road. ADMINISTRATOR'S REPORT OLD BUSINESS Board of Trustees Meeting August 24,2004 Page 1 Discussion: Status of King Street Fields Project and action steps required. Discussion: Proposed Home Occupations and Special Use Permit legislation. NEW BUSINESS Discussion: Designation/Updating of"Official Map" and related land use issues. Discussion: Implementing and timing of a New York State Smart Audit. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: September 14, 2004 and September 28, 2004 BOARD Mayor Lawrence Rand Trustee Richard Buzin Trustee Joan Feinstein Trustee Robert Harris Deputy Mayor 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 Mayor Rand welcomed everyone to the August 24, 2004 meeting of the Board of Trustees. Mayor Rand called for the first item on the agenda: PUBLIC HEARINGS 1) Consideration of a local law to amend the Village Code to regulate the Expiration of Building Permits. Mayor Rand noted that during the July 130i' and continued to the August 100i meeting, the Expiration of Building Permits has been addressed. Trustee Joan Feinstein requested that this matter be adjourned to the September 140i meeting as the resolution was amended. On a motion made by Trustee Harris, and seconded by Trustee Buzin, the pubic hearing was adjourned to the September 140i meeting. Mayor Rand noted that there were a lot of complexities regarding this matter. He thanked Trustee Feinstein for her hard work on this matter. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE Board of Trustees Meeting August 24,2004 Page 2 TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS 1) Adopting a local law to amend the Village Code to regulate the Expiration of Building Permits. Mayor Rand noted that no action would be taken on this matter until the September 14, 2004 meeting. Mayor Rand called for the next resolution. 2) Authorizing the Planning Consultant to proceed with a Property Analysis of Village land on Lincoln Avenue. Mr. Bradbury noted that two resolutions were prepared in connection with this matter. He was asked to read the first resolution. On a motion made by Trustee Santon, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION AUTHORIZING THE PLANNING CONSULTANT TO PROCEED WITH A PROPERTY ANALYSIS OF VILLAGE LAND ON LINCOLN AVENUE WHEREAS, the Village of Rye Brook owns 24.39 acres of undeveloped property consisting of two contiguous parcels of 15.94 acres and 8.45 acres located on the south side of Lincoln Avenue west of King Street; and WHEREAS, the Board of Trustees is considering development of one or both of the subject parcels for recreation or general municipal purpose; and WHEREAS, both parcels have significant environmental constraints such as wetlands, steep slopes and proximity to Westchester County Airport that may affect the type and intensity of development that is appropriate for the parcels; and WHEREAS, the Village Board has requested that the planning consultant provide a scope of work for a property analysis and report regarding the development potential of the two subject parcels; and WHEREAS, the planning consultant, Frederick P. Clark Associates, Inc., submitted a proposal dated August 11, 2004 to provide a preliminary scope of work regarding such property analysis and report at an estimated cost of$7,500. Board of Trustees Meeting August 24,2004 Page 3 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes Frederick P. Clark Associates, Inc. to proceed with the scope of work for the property analysis and report regarding the two subject parcels outlined in their proposal to the Village Board dated August 11, 2004; and BE IT FURTHER RESOLVED, that the Village Board hereby authorizes a transfer of funds from the General Fund, for the Recreation Master Plan, to the Capital Accounts (account 901.7140.486) for payment to Frederick P. Clark Associates for the cost of the property analysis and report. Trustee Santon began the discussion on this matter. He noted that the parcel was actually larger than stated in the resolution, noting that the 4.69 acres of the Village's composite should be added in. He stated that this was the next step working towards planning of what this property could be used for. At this time the Village is looking to better assess the land so that it can make an informed decision of what can be constructed on this parcel. He asked what other consultants would need to be brought in, i.e.: soil testing. Ms. Marilyn Timpone-Mohamed, of F.P. Clark Associates, addressed the Board. She noted that the proposal involved a preliminary analysis of the property. This includes review of local land use, the zoning, FAA regulations, wetlands, flood plains, noise, topography that includes steep slopes, and a soil survey. There has been a previous engineering review in terms of soils that was done by the Village's Engineering Consultant the last time this property was looked at. After completion of her review, the Village will have a better idea of what additional consultants, if any, must be brought in. Trustee Santon questioned what the role of the Army Corp of Engineers was or wasn't. He noted that their scope of purview has changed over the years and he requested clarification of their role. He also questioned how wetland soils could be identified without being tested. Ms. Timpone-Mohamed responded that she would be making a field visit. If something was noticed, and it is felt that soil testing is called for, the Village would be advised of that finding. This review will better advise the Village of the possibilities in terms of development, as well as what additional needs there would be based on certain types of development. She reminded the Board that this is not a design, but rather a property evaluation. Depending on a design additional engineering review of soils may be necessary. This evaluation will give the Village a pretty good idea of what could be built and what cannot. Mayor Rand noted that this study is a precursor to how the Village can use this land. This is the first step in the process of determining the use of the land. Mr. Bradley Hamburger of Bellefair Road addressed the Board. He noted that no one in Bellefair had an opportunity to review the proposal. He suggested that the Village make available to the Homeowners Association any and all proposals such as this in the future, Board of Trustees Meeting August 24,2004 Page 4 as requested by the President of their Homeowners Association. In his quick review, he noted that there does not appear to be any criteria in the proposal about environmental impact. Mr. Hamburger noted that the Town of Greenwich has an East Greenwich Land Trust, which preserves open space. He felt that Rye Brook should consider preserving this property, as open space as there is not a lot of open space left. He asked that this matter be postponed, as it was important to give the residents of Bellefair the opportunity to review the proposal. He felt that the thrust of the proposal is to develop the land, and he questioned whether or not the decision to develop the land has been made. He felt that an RFP should be done, bringing in a firm that was independent of Village interests so that a fair and balanced look is taken. Mayor Rand noted that a public hearing was held where residents were afforded the opportunity to comment on the proposal. He stressed that there is no preconceived plan for this property. The property is being looked at for passive use—with no construction; or active recreational uses. Hence, the parcel has been separated into two separate areas. There are concerns such as wetlands and steep slopes. This proposal will review what the Village has, and when the study is complete there will be plenty of opportunity for all of the residents of Rye Brook to comment on this matter. Mr. Hamburger once again requested that the vote on this matter be postponed as the Managing Agent at Bellefair received the proposal the day before this meeting. Trustee Santon noted that this matter has been discussed over the past year and a half. Bellefair is not being left out. He stressed that the Board represents all of the residents of Rye Brook, and pointed out that everything that has been done has been very transparent and out there for everyone to see. This proposal simply starts the process. He also noted there was a public hearing held and only one resident of Bellefair was at this public hearing. The hearing was properly noticed and all residents were invited for comment. Trustee Feinstein thanked Mr. Hamburger for his comments. She reiterated Trustee Santon's comments that this matter has been discussed openly. Whether or not to develop the land, use it, or change it in any way has been discussed. The residents of Bellefair will be an important component of this project because they are the closest residents and those who would be most impacted by any development of this property. She reminded everyone that this is the largest parcel of undeveloped land in Rye Brook, and the uses for it must be determined. Mayor Rand stated that review of this property is well worth it in order to determine what the land is before a determination can be made regarding what it will become. He pointed out that he was with Trustee when the discussion of what to do with this property first began. Mr. Hamburger noted that the physical document that he recently received was only in the hands of the developer for 12 hours. He felt that holding this matter over would not delay the process. He felt that in fairness to the community as a whole, additional public comment should be received. Board of Trustees Meeting August 24,2004 Page 5 Trustee Robert Harris noted that this matter had been addressed many times over the years. He pointed out that he was a member of the Planning Board when this land was first evaluated, along with other Village owned parcels. He noted that this is a very tiny step forward in the process. The Village is aware that there are pieces of this parcel that cannot be built on. He did agree that any documents in connection with this matter should be forwarded to the most impacted neighbor, which is the Bellefair Homeowners Association, but stressed that this proposal simply begins the evaluation process. Mr. Christopher Bradbury, Village Administrator, replied to Mr. Hamburger's comments regarding receipt of the proposal noting that a request was made yesterday and documents were forwarded immediately. He also noted that Mr. Schaltus, who attended the public hearing, stated that he did so as a resident. Mr. Rang called the roll: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) Adopting a Local Law to amend Chapter 180 of the Code of the Village of Rye Brook regarding Plumbing. Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION ADOPTING A LOCAL LAW TO AMEND CHAPTER 180 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLUMBING WHEREAS, the Village of Rye Brook is considering a local law to amend Chapter 180 of the Village Code regarding plumbing; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on August 10, 2004, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on August 10, 2004; and WHEREAS, the Board of Trustees of the Village has complied with the provisions of the New York State Environmental Quality Review Act and has determined that adoption of such local law is a "Type II" action and, therefore, no further environmental review of the proposed action is required; and Board of Trustees Meeting August 24,2004 Page 6 WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation, finds that it is in the best interests 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 adopts Local Law 916-2004 to amend Chapter 180 of the Village Code regarding plumbing; 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. Mr. Bradbury noted that the purpose of this resolution was to clean up the language in the local law. There being no discussion from the Board, or members of the public, Mr. Rang was asked to read the roll. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) Supporting the Westchester County IDA Project at 760-800 Westchester Avenue under certain conditions. Mr. Bradbury read the revised resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT 760-800 WESTCHESTER AVENUE UNDER CERTAIN CONDITIONS WHEREAS, the Village of Rye Brook has received two notices of a Westchester County Industrial Development Agency Project (the "Project") in accordance with Section 923-a and Section 859-a of the General Municipal Law, and WHEREAS, the RPW Group, Inc has requested the financing of the acquisition of an approximately 53.7 acre parcel of land and the renovation and equipping of two (2) existing buildings (one approximately 523,000 square feet and the other approximately 59,000 square feet) located at 760-800 Westchester Avenue; and WHEREAS, the Westchester County Industrial Development Agency intends to issue bonds or a straight-lease transaction, in addition to financial assistance in the form of exemptions of sales and use taxes, in accordance with the Notice of Public Hearing dated July 30, 2004, and will be holding two public hearings on August 31, 2004; and Board of Trustees Meeting August 24,2004 Page 7 WHEREAS, the Westchester County Industrial Development Agency also intends to include exemptions from mortgage recording tax in accordance with the Notice of Public Hearing dated August 26, 2004, and will be holding two public hearings on September 27, 2004. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board hereby supports the Westchester County Industrial Development Agency Project with the RPW Group, Inc. at 760-800 Westchester Avenue subject to the following conditions, which, if they were not included in the Project, would constitute an objection by the Village of Rye Brook: 1) The Project shall not include any abatement of the mortgage recording tax amounts that would have been due to the Town of Rye, Village of Rye Brook, and Village of Port Chester in the absence of this Project; and 2) That RPW Group, Inc. will enter into a PILOT agreement with the approval of the Village of Rye Brook, the Port Chester School District, and the Town of Rye, or, in the alternative, that the property will be placed on the tax rolls as non-exempt. Mayor Rand pointed out that this is the Altria property. Trustee Santon noted that this property, 53.7 acres, is the single largest taxpayer not only in Rye Brook, or the Port Chester School District, but also in the entire Town of Rye. He felt that keeping this property up and running, and occupied, was important. He expressed his concerns regarding the contract vendee and statements made by the press. He noted that the Board had reviewed what would be done with this property, and no decisions regarding tax relief have been made. He pointed out that the Port Chester School District relies very heavily on this property. In fact, the Village is seeking not to offer tax relief, or mortgage tax relief. He noted that he is supportive of the project but noted that, in his opinion, there was a direct conflict surrounding this matter regarding legal representation of the Village and of the applicant. Mayor Rand noted that this matter was discussed in an Executive Session and what is discussed in an Executive Session is confidential. Edward Beane, Esq., agreed with the Mayor that matters discussed in Executive Session must stay in Executive Session. Trustee Feinstein noted that the Village has an obligation when an IDA proposal comes before them. The Village would like to be cooperative with the project. This resolution is necessary because it states that, in principal, the Village will review the matter and is willing to work cooperatively. This resolution adheres the Board to the responsibility, within the window of opportunity. Trustee Harris noted that there is an obligation here. No one is agreeing to anything, but the fact remains that the Village's best interest is to support what the County is proposing. Board of Trustees Meeting August 24,2004 Page 8 Mayor Rand reiterated that approving the resolution gives up nothing. This resolution gives the Village the flexibility to consider all alternatives; keeping them on the tax roll, and protecting the best interest of the Village and the School District. This resolution was tabled from a prior meeting in order to review the matter of a potential conflict. Over the past fees weeks a determination was made that whatever potential existed for a conflict does not exist. Mayor Rand noted that this resolution protects the Village and in no way does it compromise or restrict the flexibility the Village in protecting its revenue stream. Trustee Harris noted, to put a box around the numbers, that the decrease being discussed would be 1% or less. If the worst scenario happened, and everything that the developer was requesting was granted, it would still be a less than 1% decrease. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING NAY MAYOR RAND VOTING AYE 5) Considering a Modification of Notification Requirements for an addition to a single- family dwelling located at 247 Betsy Brown Road. Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and seconded by Trustee Santon, the resolution was adopted. RESOLUTION CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION TO A SINGLE FAMILY DWELLING LOCATED AT 247 BETSY BROWN ROAD WHEREAS, Jeanine and Robert Comstock of 247 Betsy Brown Road submitted a letter to the Village Board of Trustees on August 9, 2004 requesting a modification of notification requirement under Section 250-40 of the Village Code for a building permit application for a two-story rear addition, remodeling of an existing kitchen, and addition to contain family room, master bedroom and rear deck; and WHEREAS, a previous modification of the notification requirements were granted by the Board of Trustees on May 11, 2004, regarding the subject application; and WHEREAS, Jeanine and Robert Comstock are requesting an additional variance regarding this application. Board of Trustees Meeting August 24,2004 Page 9 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the following waivers with respect to notification requirements: 1) The mail notification area shall be defined as a radius line measured from 250 feet, instead of 500 feet from the property lines of the subject property. Mr. and Mrs. Comstock, the applicant, addressed the Board. They noted that this matter was before the Zoning Board of Appeals, and approved. The project is not changing, however, one variance was missed. This was discovered during review by the Architectural Review Board. This missed variance is in connection with this property being a corner lot and having two fronts. As the notification requirements were met at the Zoning Board level, they requested that the mail notification be waived, and that only the sign be required. Trustee Richard Buzin supported the applicants' request. He made a motion to waive the mail notification and require the applicant to install the required signage. Trustee Harris seconded the motion. Mr. Rang read the roll for the amendments: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mr. Rang read the roll for the resolution: TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 6) Considering a Modification of Notification Requirements for an addition to a two- family dwelling located at 50-52 Woodland Avenue. Mr. Bradbury read the resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was approved. RESOLUTION CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION TO A TWO FAMILY DWELLING LOCATED AT 50-52 WOODLAND AVENUE Board of Trustees Meeting August 24,2004 Page 10 WHEREAS, Ms. Alicia Borys of 50-52 Woodland Avenue submitted a letter to the Village Board of Trustees on August 9, 2004 requesting a modification of notification requirement under Section 250-40 of the Village Code for a building permit application to construct two side additions, relocate two chimneys, install four skylights and perform interior alterations. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the following waivers with respect to notification requirements: 1) The mail notification area shall be defined as a radius line measured from 250 feet, instead of 500 feet from the property lines of the subject property. Alicia Borys of 50-52 Woodland Avenue requested a waiver from 98 notifications, stating that it was a financial burden. She stated that reducing the area to 250 feet would reduce the number of certified letters to approximately half. Trustee Feinstein noted that this particular section of the Code should be reviewed. The sign is a very public notice to the residents, and the Board should review the requirement of a 500-foot radius. Mayor Rand noted that the 500-foot notification radius was adopted in 2003, and he agreed that it should now be reviewed. Trustee Santon noted that the context in which the law was modified in 2003 was to make people aware of construction and impacts to the neighborhood. He felt that the signage has been very effective in connection with notifying residents of upcoming projects. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 7) Considering a Modification of Notification Requirements for an addition to a single- family dwelling located at 15 Pine Ridge Road. Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Harris, the resolution was adopted. Board of Trustees Meeting August 24,2004 Page 11 RESOLUTION CONSIDERING A MODIFICATION OF NOTIFICATION REQUIREMENTS FOR AN ADDITION TO A SINGLE FAMILY DWELLING LOCATED AT 15 PINE RIDGE ROAD WHEREAS, Mr. Edgar Schauber of 15 Pine Ridge Road submitted a letter to the Village Board of Trustees on August 10, 2004 requesting a modification of notification requirement under Section 250-40 of the Village Code for a building permit application to construct a one story addition, install a roof over the front porch and construct a new wood deck. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby grants the following waiver with respect to notification requirements: 1) The mail notification area shall be defined as a radius line measured from 250 feet, instead of 500 feet from the property lines of the subject property. Mr. Edgar Schauber noted that they were requesting a modification, which would take the requirement from 98 letters to approximately 40 to 50 letters. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT: Mr. Bradbury began his report with an update of the activities of the King Street Steering Committee. He noted that this matter would be placed on the Board of Trustee's agenda for the second meeting in September for the presentation of an overview/report. Mr. Bradbury reviewed recommendations made for signage, fences, guardrails, etc. within the Village by the Traffic Commission. The Board discussed the proposed recommendations for Grant Street in connection with the installation of a fence. Mayor Rand felt that this matter should be re-visited. Trustee Buzin agreed, noting that the delineation of Village property and private property should be made. Trustee Santon felt that this matter should also be referred to the County, requesting their assistance in construction of a sound barrier on the 287 property. This matter will be placed on the agenda for the Board's second meeting in September. Mr. Bradbury noted that there was also a request for a stop sign at Berkley Drive. Mayor Rand pointed out that this matter had previously been discussed, and the decision made to install the Board of Trustees Meeting August 24,2004 Page 12 sign. The final item addressed was a traffic study, for which Mr. Bradbury requested directed from the Board. Mayor Rand noted that alternate side of the street parking within the Village was a big consideration. He pointed out that with both sides of the street parking in certain areas it would be very difficult to get emergency vehicles through. This matter will require further discussion. OLD BUSINESS: DISCUSSION: Status of King Street Fields Project And Action Steps Required Mr. Bradbury noted that there were agreements with the Arbors and the Blind Brook School District now in place. The Village is now in the process of a performing a due diligence, and is still working on funding and the Legacy Grant. Trustee Santon noted that there is a concern here because the Village needs to know where it stands. The Tennessee Gas Company must be brought back into the dialogue. He noted that there is approximately $750,000 appropriated for this project. If this project moves forward, and is designed, the contract with the Thomas Group must be amended. An additional $125,000 must be added because the scope of the project has changed. This is now a six-acre site, with all properties added in. He felt that the ball must be put in motion with the Thomas Group. He also noted that the Village needed to evaluate the potential funding options. This is a $3.8M dollar project and the Legacy Grant will only cover $2M. He noted that he was not pleased with the turn-around time from the Thomas Group. He suggested that a proposal be solicited now so that by the time the Village's ducks were in order it would be in place to be evaluated. Trustee Santon noted that the project is only as good as the client, and the client must know what it wants and give clear direction. A $600,000 project grew to a $3.8M dollar project. He was disappointed that there was no scaled conceptual plan. Trustee Harris agreed that turn-around time on this project has been terrible, as was the quality of the mapping, and stated that he was not satisfied with the Thomas Group. Trustee Santon noted that the Village does not own any full sized soccer fields. He felt that a dialogue should be opened now. Trustee Feinstein felt that this matter should move forward, and the Board must determine how much they are willing to spend. This must be addressed in September or October. Mayor Rand said he would appoint a Task Force to begin work on the design or designs of the project. There were several people who have expressed a desire to be on this Task Force. Mayor Rand called for the next matter on the agenda for discussion: DISCUSSION: Proposed Home Occupations and Special Use Permit Legislation Trustee Santon noted that at the last meeting hours were regulated for Home Occupations. He felt that the Village should go back to the process and refer this matter to the Planning Board for Board of Trustees Meeting August 24,2004 Page 13 review. He noted that Tier II and Tier III Home Occupation uses were to register with the Village by June. Very few residents have stepped forward to say that they have a Tier II or Tier III use. He felt that a program was created that residents don't know about and, as a result, the Code Enforcement personnel are refereeing disputes because businesses are being operated on residential streets. He felt that it was time to do away with Tier II and Tier III uses. These are commercial uses being conducted out of a residential home. Trustee Santon expressed his opinion that a Special Use Permit should be required. This matter must be addressed, as it is becoming a problem for the quality of life in residential neighborhoods. Trustee Harris questioned the modification of Saturday hours passed at the prior Board of Trustee meeting. He gave an example of a pre-existing Orthodontia Office use, noting that they really don't start work until 3:00 or 3:30 in the afternoon, when children are released from school. He questioned whether pre-existing uses would also be required to change their hours. Mr. Beane clarified that although hours were changed, an applicant could come in and request additional hours via a Special Use Permit. He suggested reviewing this local law. Trustee Santon noted that applicants must prove that they are pre-existing uses. However, since no one has registered, then there are no pre-existing uses. The Home Occupation program should be closed. He suggested that, when reviewing the legislation, that the Special Use Permit section must be evaluated. NEW BUSINESS: DISCUSSION: Designation/Updating Of"Official Map"And Related Land Use Issues Trustee Santon presented the Zoning Map adopted in December 1999, and filed as a Local Law in 1999. It replaced the prior map from 1954, which served the Town of Rye. He pointed out that it took 45 years to update the map. Unfortunately, the new map has errors and omissions in it and needs to be updated. There have been subdivisions and re-subdivisions that need to be shown, along with many other reasons that this map needs to be updated. He felt that the first step would be a resolution naming this map as the official map. He was confused as to what was the Village's official map and deferred to counsel. Mr. Beane noted that the Zoning Map is the official Map. He referred to Section 250-213 which names the Zoning Map of the Village of Rye Brook, dated November 18, 1999, as the official map. The purpose of the official map is to delineate the boundaries of the Village. Mr. Beane agreed with Trustee Santon that this map is not accurate, that the inaccuracies must be corrected, and that the map needs to be updated. Only the Village can create the official map, and it is up to the Village to amend the official map. Trustee Santon felt that Mr. Beane's ruling that the Zoning Map was the official map was incorrect. Mr. Bradbury noted that the map is a Zoning Map. As such, it shows the zones, where they are located, where they begin and end. The Town of Rye is updating its map and it will be hopefully in a digital format. He stated that it was his hope to be able to work with the Town and obtain a copy of the information for Rye Brook. Mr. Bradbury recommended that the Town be contacted Board of Trustees Meeting August 24,2004 Page 14 to see where they are in the process, and how the Village can join in the process of creating this new GIS mapping system. In the meantime,he stated that the Zoning Map could be updated. Ms. Timpone Mohamed noted that she reviewed the matter earlier in the day and agreed that the base map had inaccuracies. Updating the parcels makes a lot of sense. The GIS format makes it easier. However, she pointed out that it would take a lot of effort to add the subdivisions, if it involved reviewing the Building Department records for the past five or six years. Mr. Bradbury was asked to review the matter, and place it on the agenda in the near future. DISCUSSION: Implementing and Timing of a New York State Smart Audit Trustee Feinstein noted that discussions have been held on the Board of Trustee level with regard to financial matters. They have discussed assessing financial needs and the audit process that the Village is now going through. This audit will be concluded in November. She felt that the Village should be aware that there has been much discussion about financial matters regarding school districts. The Village must look at the ways in which business is done and get recommendations from an outside source. The State Comptroller's office does a Smart Audit— for free. They come in and review financial aspects of business and delineate areas to be concentrated on,where money can be saved. Mayor Rand noted that this matter should be put on an agenda as a resolution — with specific areas where the Village requires guidance. A resolution for the Board's consideration will be placed on the agenda in November. The Village's Financial Advisory Board and Financial Staff should be asked for input. Trustee Feinstein felt that a dialogue should be opened now. This Smart Audit is a way of supplementing what the Village's Staff does,without a cost. Trustee Harris agreed, and noted that this was a great idea. Mayor Rand noted that this Smart Audit can show the Village sources of revenues can be brought forth. Trustee Santon, who also agreed with Trustee Feinstein, felt that this request should be addressed now. He noted that the last time State Comptrollers did an audit in Rye Brook was 1986. They know what they want to cover when they audit a municipality. Mayor Rand took a moment to introduced Mr. George Latimer, County Legislator, and former Rye City Council Member. Mr. Latimer complimented the Village on their councils and boards. He thanked the Board for allowing him to sit in on the meeting. He noted that he was working with other municipalities, in particular, with the City of Rye on their request for a Hotel Tax. The Trustees questioned how they could get on board with Rye in regard to this matter. Mr. Latimer suggested that they contact the Village Administrator for the City of Rye. Mayor Rand noted that on September 140i, from 4:30 p.m. to 7:30 p.m., the Village would be holding its Open House at the new Rye Brook Fire House on King Street. The actual dedication ceremony will be held at 5:30 p.m. A Board of Trustee meeting will follow. At that meeting, a presentation will be made by the Task Force regarding giving the Planning Board final authority. Board of Trustees Meeting August 24,2004 Page 15 Mayor Rand noted that the Board is given the Police Blotter Log Report weekly. He noted that there were a variety of calls for the police department ranging from criminal mischief, traffic flow, improperly placed signs, and enforcement. The Board thanked the Police Department for all its hard work. Mayor Rand noted that this week, in the mail, residents would be receiving information from the Rye Brook Parks and Recreation Department. He pointed out a variety of programs have been added or expanded upon. Mayor Rand called for comments from Mr. Victor Carosi, Village Engineer, for information on Leaf Collection. He noted that the Leaf Collection Season hits within the next month or so. It was noted that Mr. Bradbury and Mr. Carosi have been working on this schedule and working with CRP to ensure proper leaf collection. Mr. Carosi stated that education is required for all residents. He asked that only leaves be placed out for pick-up and noted that in past seasons rocks, branches, balls, and other objects that are found on lawns, have been included. These items can damage the Village's equipment, and he asked that residents be careful when placing the leaves out for pick up. Mr. Carosi noted that there are three trucks that will be on the road in the beginning of October. They are working hard to improve this program. The routes will be well defined, and the drivers will maintain a log of the streets. This will mean that the Village will be able to respond to residents' questions of when the last pick-up was, and when the next pick-up will be. Mr. Bradbury noted that there have been issues with the recycling. If the items are incorrectly put out it will be left for the resident with an "opps" sticker on it. He noted that the Village saves money on recycling and they are working with the residents to make sure that everyone is aware of the calendar/scheduled pick-ups. He noted that residents can also view the schedule on the Village's website. Mayor Rand congratulated the Rye Brook Little League on winning the Sectional Championship this summer. Mayor Rand noted that the next Trustee Meetings were scheduled for September 14, 2004 and September 28, 2004. There being no further business before the Board, the meeting was adjourned at 10:05 p.m. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting August 24,2004 Page 16