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HomeMy WebLinkAbout2004-10-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 12,2004 7:30 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE REPORT: Village Tax Roll options with New York State Office of Real Property Services. PUBLIC HEARINGS: 1) Consideration of a Local Law amending Chapter 235 of the Village Code regarding definitions,review committees and the appeal procedure. RESOLUTIONS: 1) Referring a Local Law to add Chapter 179 and amend Chapters 250, 209, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board to the Planning Board of the Village of Rye Brook. 2) Authorizing certain items pursuant to the 1996 Clean Water / Clean Air Bond Act for the East Branch Blind Brook Storm Water Control Project. 3) Authorizing AFLAC New York to manage the Village of Rye Brook's Flexible Spending Account. 4) Authorizing snow and ice agreement for County Roads 2005 —2010. 5) Setting a Public Hearing date on a Local Law to amend Chapter 240 of the Village Code concerning stop signs on Old Orchard Road and Berkley Drive. 6) Authorizing use of Village streets for Thanksgiving Day Parade. ADMINISTRATOR'S REPORT Board of Trustees Meeting October 12,2004 Page 1 OLD BUSINESS NEW BUSINESS DISCUSSION ITEM: • DISCUSSION: Update on Port Chester High School parking • DISCUSSION: Update on proposed Dog Park ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: October 26, 2004 and November 9, 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 Robert Bertolacci, Parks & Recreation Superintendent Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Jennifer Porter, Esq., Village Counsel Robert Santoro, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Rand welcomed everyone to the meeting. He noted that the first order of business was a continuation of the review of the re-evaluation process. REPORT: Village Tax Roll options with New York State Office of Real Property Services. Mr. John Wolham, from the New York State Offices of Real Property Services, was called upon for a brief presentation. Also in attendance were Daniel Tartaglia, Esq., Legal Counsel for the Town of Rye, and Mr. Markowitz, Tax Assessor. Board of Trustees Meeting October 12,2004 Page 2 Mr. Wolham ran through the different options open to the Village in regard to handling the assessment. He noted that this is the last phase of the re-evaluation, which relates to the Village's determination of what will be done. He reviewed the three options available: 1) The Village functions as its own assessing unit. 2) The Village relinquishes its assessing unit status. 3) The Village continues as an assessing unit and adopts the Town roll. Each option was briefly explained to the Board. It was noted that at this time the Village is its own assessing unit; and that the Village does not have the same valuation date and taxable status date as the Town. Mr. Wolham explained the Homestead Act. He noted that presently Homestead only applies to the Town, but it is conceivable that the Village could also adopt Homestead for Village tax purposes. A local law will need to be passed no matter which scenario the Village chooses. Mayor Rand thanked Mr. Wolham for his presentation. He noted that this was not a simple process, and that the Village had a very short time line in which to make a decision. There is a cost factor involved, and there are areas of uncertainty that need to be clarified. Trustee Santon noted that currently the Tax Assessor, at no additional cost to the individual Villages, performs its function. The costs are spread out between the Village of Port Chester, the Village of Rye Brook, and the Town of Rye. He requested that representatives from Rye Brook be added to the town's Board of Assessment Review. Mr. Tartaglia addressed the Board, and noted that under the terms of the Real Property Tax Law, it is not permitted to expand the membership of its Board of Assessment Review from five (5) members. To the extent that the Town would enter into a formal agreement with the Villages with regard to the composition of the Board of Assessment Review, the only way to increase the size of the Board is by adding alternative members who could act as officio members on that Board. Mr. Tartaglia noted that, in terms of deliberations, the alternate members would have to be invited in by the Board. Although they would not have voting power, their input would be heard by the Board, and they would be gaining experience. Trustee Santon felt that the Villages should have the right to designate who the representative for their Village might be. Mr. Tartaglia noted that currently the Board was made up of two residents from the Village of Rye Brook, two residents from the Village of Port Chester, and one from Rye Neck. They are selected by Town Government. Mayor Rand took a moment to Address a story that ran in The Westmore News regarding the purchase of property for the Rye Brook Athletic Fields. He noted that the Arbors' residents have voted to sell the property to the Village of Rye Brook. On October 14, Board of Trustees Meeting October 12,2004 Page 3 2004, a vote will be taken by the Blind Brook School District, and at that point the Village will know whether or not they can move ahead with the King Street Athletic Fields. The Board of Trustees, who is the Lead Agency on this project, thanked the Arbors, and all of the residents, volunteers, and Boards that have been involved in this project over the years for their assistance in moving this project forward. PUBLIC HEARING 1) CONSIDERATION OF A LOCAL LAW AMENDING CHAPTER 235 OF THE VILLAGE CODE REGARDING DEFINITIONS, REVIEW COMMITTEES AND THE APPEAL PROCEDURE. Mr. Bradbury noted that this was a continuation of a public hearing from the prior meeting. This proposed legislation has several components, and ultimately this law will improve the process. Mr. Bradbury stated that the Board of Trustees was currently the appeals body, and there have only been two appeals in the past several months. It was noted that the Chairman and one other member of the Tree Committee have recently resigned. Edward Beane, Esq., Village Counsel, was directed to continue his review of this legislation. Mr. Bradbury suggested that the public hearing be adjourned to the next meeting, scheduled for October 26, 2004. On a motion made by Trustee Santon, and seconded by Trustee Robert Harris, the matter was adjourned to the October 26, 2004 meeting. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the first resolution: RESOLUTIONS: 1) REFERRING A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 250, 209, 219 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Board of Trustees Meeting October 12,2004 Page 4 Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION REFERRING A LOCAL LAW TO ADD CHAPTER 179 AND AMEND CHAPTERS 250,209,219 AND 245 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE DELEGATION OF APPROVAL AUTHORITY TO THE PLANNING BOARD TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees is considering adding chapter 179 and amending chapters 250, 209, 219 and 245 of the Code of the Village of Rye Brook regarding the delegation of approval authority to the Planning Board with regard to as-of-right site plan applications and minor subdivision approvals; and WHEREAS, the Board of Trustees has received a report from the Vision Plan Implementation Task Force which made certain recommendations regarding the delegation of approval authority to the Planning Board which said recommendations have been incorporated into a revised draft of the proposed local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Westchester County Department of Planning, the Village Planning Board and the Planning Consultant of the Village of Rye Brook for a report and recommendation. Mayor Rand noted that this matter has been before the Village for quite some time. The theory of surrendering some of the final authority to the Planning Board has been discussed since the formation of the Village of Rye Brook in 1982. In 1999 this matter was addressed in the Village's Vision Plan. The Task Force has done a great deal of work, and has made its recommendations. A presentation was made by members of the Task Force. The Task Force's report is available at Village Hall and on the Village's Website. This resolution is another important step in streamlining Rye Brook's government. The Village of Rye Brook is one of the few municipalities in Westchester County that has a Planning Board that is advisory in nature. The Planning Board will be reviewing this proposed legislation. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting October 12,2004 Page 5 Mayor Rand noted that as a courtesy to members of the public, the Board would take the Discussion items out of order: DISCUSSION ITEM: • DISCUSSION: UPDATE ON PORT CHESTER HIGH SCHOOL PARKING Mayor Rand reminded everyone that this was a discussion item. This has been an ongoing process, with safety being the major issue. Mayor Rand called for members of the public wishing to address the Board. Ms. Castellano of Neuton Avenue addressed the Board. She noted that the parking regulations recently implemented have resulted in a tremendous improvement. There has been a noted reduction in speeding around the school, which can be attributed to the 15 mph speed limit signs which have now been posted. These changes have resulted in a better quality of life for the residents who reside in the area. Chief Santoro was thanked for the fine job being done by the Rye Brook Police Department. Dr. Charles Coletti, Superintendent of Schools for the Port Chester School District, addressed the Board. He began his presentation by noting that Port Chester High School is a closed campus, meaning that students come to school in the morning, park their cars, and leave at the end of their school day. There are currently 144 active employees and only 77 parking spaces in the teachers' parking lot. He agreed with the residents that the decrease in the speed limit has helped, and he thanked the Board for its assistance. He noted that the real issue here was one of being a good neighbor. For this reason he has implemented a program which includes monitors posted to oversee parking, and education programs for the students. In addition, the maintenance staff of the high school is sent out to pick up trash left behind by students, and this include cleaning the adjacent properties. The matter of restricted parking has been a problem for the staff. He noted that the new regulations have resulted in the loss of 16 parking spaces. In order to mitigate this problem, he requested that parking restrictions on the school side of Neuton and Tamarack be removed. He also noted that restricting the parking further will cause a spill over effect and simply move the problems further into the community. Trustee Santon noted that all of the Rye Brook Schools have a speed limit of 15 mph. There were no signs posted around Port Chester High School, and Rye Brook went ahead and added the signs. Now the speed limit is strictly enforced. He noted that the High School has a large field and asked that the high school give up green areas and/or athletic areas for on site parking. He also stated that the students should park along Neuton, by the tennis courts, and then walk to school. Dr. Coletti noted that expanding the parking has been considered, but there is no funding available to expand parking. Port Chester High School is a closed campus, meaning cars Board of Trustees Meeting October 12,2004 Page 6 park in the morning and remain until the end of the school day. It is not a matter of cars coming and going. Jim Dreves, member of the Port Chester Board of Education, addressed the Board. He noted that this is a real problem. He felt that reinstating parking on the school side of Tamarack, giving back 16 parking spaces, would be a good compromise. Custodians are out on the street cleaning up. The police can give tickets for those individuals caught littering. Two owners of 181 Neuton Avenue addressed the Board. They noted that the change in the parking regulations has had a large impact on clearing the street. Moving the parking back has lessened the loitering. It has provided a little bit of a barrier, and things are getting better. They stated that the individuals who loiter are buying drugs, rolling drugs, and smoking drugs. They also stated that drug dealers drive by and make their connections in this area, and noted that if they were parents of students in the High School they would expect the school to be responsible for the safety of the children during the day. As taxpayers, they expect the children to be protected. The School Board must close the campus, and keep the children in the school, in order to protect the kids. Mayor Rand noted that the Board of Trustees receives a police report every week. The Rye Brook Police Department is very responsive to the calls of the Rye Brook residents. They are enforcing the law. Residents were directed to call the police if they see infractions of the law. Dominick Bencevegna, Port Chester Board of Education, addressed the Board. Port Chester High School is a resident, just like everyone else that lives in the area. The problem is littering and loitering. The problem is not the parking. There has been clear evidence of littering in the area. In response to the littering, the School District has authorized their custodians to go out and clean the neighboring properties. The students that smoke go onto the street. The students that do not smoke stay on campus. The Village can pass a loitering law to allow the police the ability to take action. These are the issues that need to be addressed. Mr. Biengevanga stated, in response to the comments of the two residents of 181 Neuton Avenue, that Port Chester High School does not have any mobs, rapes, or murders. As the Board of Trustees noted, the Board receives the police blotter every month and knows about any and all incidents that occur at the school. These problems simply do not exist. He thanked the Rye Brook Police Department for enforcing the speed limit. Another resident of Neuton Avenue, of 41 years,noted that traffic has always been a problem in the area. Cars speeding around the school has improved due to the signage and police enforcement. As a result of the restrictions, the parking situation around the school has also improved. She thanked the Rye Brook Police Department for their assistance. Board of Trustees Meeting October 12,2004 Page 7 Mayor Rand called for the next discussion item: • DISCUSSION: UPDATE ON PROPOSED DOG PARK Mayor Rand called for discussion on this matter. Former Trustee Jody Brackman addressed the Board. Residents who use the park would like to bring their pets. She asked that the Village's law be amended to allow dogs to be in the Rye Hills Park leashed, or perhaps unleashed at specific times. Petitions have been submitted to the Village with this request. At one time there was a donation made by a resident of $5,000.00 to create a dog park. A park on Roanke was considered. The Recreation Counsel has reviewed the possibility of creating a dog park within the Village. Unfortunately, the donation pledge was reduced a year later. Also unfortunate was that research found that no one wants to live next to a dog park. The Board discussed the fact that the Village's ordinances do not allow dogs in Village Parks. There must be a balance of the wishes of pet owners with the rights of other residents. Village parks should be enjoyed by all residents, however, the co-mingling of dogs and people should be considered. One resident felt that the question of whether or not dogs can be allowed in the park on leashes should be referred to the Recreation Counsel. The issue of the creation of a dog park should be reviewed once again. A second resident of Park Ridge Court felt that splitting the two issues was a good idea. He felt that placing a dog park near a resident's home was unfair, but that a good compromise could be dogs allowed in the park, leashed. It would be up to the owners to ensure that they clean up after their pets. Mayor Rand thanked Trustee Brackman for adding this issues for the discussion and returned to the agenda, and called for resolution 92: 2) AUTHORIZING CERTAIN ITEMS PURSUANT TO THE 1996 CLEAN WATER/ CLEAN AIR BOND ACT FOR THE EAST BRANCH BLIND BROOK STORM WATER CONTROL PROJECT. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. Board of Trustees Meeting October 12,2004 Page 8 RESOLUTION AUTHORIZING THE ITEMS LISTED BELOW PURSUANT TO THE 1996 CLEAN WATER/ CLEAN AIR BOND ACT FOR THE EAST BRANCH BLIND BROOK STORM WATER CONTROL PROJECT WHEREAS, the Village of Rye Brook, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study available data, has hereby determined that certain work, as described in its application and attachments, for the East Branch Blind Brook Stormwater Control Project, herein called the "Project", is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; and WHEREAS, this Project shall include the installation of two detention area with appropriate plantings near Rich Manor / Edgewood Drive, and on Village property on King Street near the former compost site; and WHEREAS, the New York State Department of Environmental Conservation has determined that the total eligible project cost shall be $437,500, with a State share of $218,750 of that total cost. NOW, THEREFORE, BE IT RESOLVED, by the Rye Brook Board of Trustees 1. That the Mayor, and the Village Administrator, of the Village of Rye Brook are both authorized to be the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project that the funds will be available to initiate the Project's fieldwork within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation; 4. That this Resolution takes effect immediately. Board of Trustees Meeting October 12,2004 Page 9 Mr. Bradbury noted that this is the initial resolution stating that the Village would like to proceed. Mr. Keith Rang, Assistant to the Village Administrator, reviewed the timeline for the Board. He noted that the Village received an extension of 120 days from July 21, 2004. It was noted that this project encompasses more than just two detention basins. The Village original applied for several grants. Some of the projects were not eligible, others were. The Village received the grant and, in addition, has funds earmarked in the Capital Budget. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 3) AUTHORIZING AFLAC NEW YORK TO MANAGE THE VILLAGE OF RYE BROOK'S FLEXIBLE SPENDING ACCOUNT. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Buzin, the resolution was adopted. RESOLUTION AUTHORIZING AFLAC NEW YORK TO MANAGE THE VILLAGE OF RYE BROOK'S FLEXIBLE SPENDING ACCOUNT WHEREAS, the Village of Rye Brook has authorized Flexible Spending accounts, permitted under the Internal Revenue Code, to be available to its employees so that eligible medical and dependent care expenses can to be taken out of their gross salaries resulting in a tax savings; and WHEREAS, the New York State Empire Plan, which will become available to the Village on January 1, 2005, does not manage Flexible Spending accounts for member municipalities. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to sign the necessary paperwork with AFLAC New York to provide this service for the eligible Rye Brook employees beginning January 1, 2005 at a monthly fee of$3.00 per participant; and be it further Board of Trustees Meeting October 12,2004 Page 10 RESOLVED, that the medical expense reimbursement annual maximum shall be determined to be $2,500, and the dependent childcare reimbursement annual maximum shall be determined to be $5,000. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 4) AUTHORIZING SNOW AND ICE AGREEMENT FOR COUNTY ROADS 2005 — 2010. Resolution 94 was tabled at the request of Mr. Bradbury. TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING STOP SIGNS ON OLD ORCHARD ROAD AND BERKELEY DRIVE. Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Harris, the resolution was adopted. RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING STOP SIGNS ON OLD ORCHARD ROAD AND BERKLEY DRIVE WHEREAS, the Village of Rye Brook Traffic Commission has requested that stop signs be installed on Old Orchard Road at Berkley Drive proceeding north and also on Berkley Drive proceeding east at Old Orchard Road to create a four-way stop intersection; and Board of Trustees Meeting October 12,2004 Page 11 WHEREAS, a local law has been proposed to amend Ch. 240 regarding stop intersections by adding stop signs on the east side of Old Orchard Road where it intersects Berkley Drive and on the south side of Berkeley Drive where it intersects Old Orchard Road to create a four-way stop intersection. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on October 26, 2004 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to add stop signs on Old Orchard Road and Berkley Drive. The spelling of Berkley Drive was corrected in the resolution and the local law. It was noted that all impacted residents should be notified of this proposed change, in addition to this matter being posted in the local newspaper. The consensus of the Board was to notify the residents via mail. It was noted that these signs were suggested by the Traffic Commission. This matter would be placed on the November 9a' agenda. As amended, 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 6) AUTHORIZING USE OF VILLAGE STREETS FOR THANKSGIVING DAY PARADE. Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR THE THANKSGIVING DAY PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 26, 2004 for the annual Thanksgiving Parade along the route described in the letter dated October 5, 2004 from Lauren McCarthy,Assistant Property Manager for Win Ridge Realty, L.L.C.; and be it BE IT FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Board of Trustees Meeting October 12,2004 Page 12 Mayor Rand reviewed the path of the parade, and invited all residents. 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 noted that meetings have been held with the Thomas Group and Mr. Dolph Rotfeld. Recommendations were submitted on the design of the fields and areas for the detention basins. A Traffic Study is being conducted and should be ready for the next meeting. He also noted that Tennessee Gas is also working with the Village on this project. Mr. Bradbury noted that the Leaf Program was going well. Residents were reminded to be careful that no other debris, such as rocks, balls, branches, is placed in the leaf piles. Branches should be bound so that they can be picked up. This year's program has shown a big improvement. The Village is in the middle of the Fall Planting Season. The Red Roof Farm issues are being worked on. The trees needed for planting in that area have been ordered and will be delivered in the beginning of November. Mr. Bradbury announced that the Fire House is ready for occupancy, and that the firefighters would be moving in by the end of the week. It was noted that Code Enforcement issues in connection with the encroachment on to Village owned property have now been narrowed down to two properties; one on Roanoke and one on Elm Hill. Also in connection with Code Enforcement, Mr. Bradbury noted that the Village was reviewing potential illegal housing. Mayor Rand noted that the Board would be going into a very brief Executive Session following the meeting. Mayor Rand called for members of the public wishing to address the Board. There being no one, the meeting was adjourned at 10:25 p.m. Respectfully Submitted Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting October 12,2004 Page 13