HomeMy WebLinkAbout2004-11-09 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY,NOVEMBER 9,2004-7:30 P.M
AGENDA
EXECUTIVE SESSION 6:00: Litigation, Personnel, and Legal Matters
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC HEARINGS:
1) Consideration of a local law relating to the voluntary termination of the Village of
Rye Brook's status as an assessing unit for real property tax purposes.
2) Consideration of a local law amending Section 250-2 of the Code of the Village of
Rye Brook concerning the definition of Height/Setback Ratio.
3) Consideration of a local law to amend Chapter 240 of the Village Code to add stop
signs on Old Orchard Road and Berkeley Drive.
RESOLUTIONS:
1) Appointment of Police Chief.
2) Appointment of Caretaker.
3) Adopting a local law amending Section 250-2 of the Code of the Village of Rye
Brook concerning the definition of Height/Setback Ratio.
4) Adopting a local law to amend Chapter 240 of the Village Code to add stop signs
on Old Orchard Road and Berkeley Drive
5) Accepting the proposed 2005 CRP Sanitation recycling schedule.
6) Temporarily lifting certain parking restrictions on Neuton Avenue and Tamarack
Road.
7) Adopting a local law amending Chapter 235 of the Village Code regarding
definitions.
Board of Trustee Meeting
November 9,2004
Page 1
8) Adopting a local law to amend the Village Code to regulate the expiration of
building permits.
9) Supporting the Westchester County IDA project at 62 Woodland Avenue and other
Westchester locations.
10) Budget Modifications.
11) Referring to the Planning Board a local law amending the Zoning Map of the Code
of the Village of Rye Brook regarding the Scenic Roads Overlay District.
12) Entering into an agreement with Caroline Gallego to conduct a needs assessment
and feasibility study for personnel and payroll records retention.
13) Appointment of Code Enforcement Officer.
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEM:
• DISCUSSION: Follow up on Traffic Commission recommendations regarding
Dixon,Westview, Roanoake and Wyman.
• DISCUSSION: Survey of Grant Street fences adjacent to I-287.
• DISCUSSION: Update on encroachments.
• DISCUSSION: Update on sprinkler compliance as well as status of changes to the
Sprinkler Law.
• DISCUSSION: Halloween night activities policy discussion.
• DISCUSSION: Update on sidewalk projects and policy.
• DISCUSSION: Status of Red Roof Farm subdivision matters.
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING:
THE NEXT TRUSTEES MEETINGS: November 23, 2004 and December 14, 2004
BOARD Mayor Lawrence Rand
Trustee Richard Buzin
Trustee Joan Feinstein
Trustee Robert Harris
Trustee Dean Santon
Board of Trustee Meeting
November 9,2004
Page 2
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
Theodore Sabato, Police Lieutenant
Fred Seifert, Public Access Coordinator
Mayor Lawrence Rand welcomed everyone to the November 9, 2004 Board of Trustees
Regular Meeting. He called on Lt. Theodore Sabato, of the Rye Brook Police Force, to
lead the Board in the Pledge of Allegiance.
The first matter on the agenda was called before the Board:
PUBLIC HEARINGS:
1) CONSIDERATION OF A LOCAL LAW RELATING TO THE
VOLUNTARY TERNIINATION OF THE VILLAGE OF RYE BROOK'S
STATUS AS AN ASSESSING UNIT FOR REAL PROPERTY TAX
PURPOSES
Mr. Bradbury noted that this local law would eliminate this function from the
Village of Rye Brook. He also noted that Homestead for the Village must be
considered by March of next year. Mr. Mitchell Markowitz, Town of Rye Tax
Assessor, added that the Village would still retain its ability to determine what
exemptions are granted, and determine the eligibility criteria for the granting of
exemptions.
Mayor Rand noted that discussions were held with the Town and the Village of
Port Chester. The options were reviewed, as well as the costs involved. Rye
Brook wanted to maintain protection for how the Town Board of Assessment
Review will operate. There is a tight deadline and further discussion on this
matter is warranted. If the Village gives up the assessing status the Village would
still get the requisite notices but would not be able to defend tax certs. The Town
is responsible for the school taxes, which is the largest component. Mr.
Markowitz noted that in the past the approach has been one of everyone working
together to come to a consensus to reach a reasonable settlement. That process
should continue. Rye Brook has the ability to say yes or no.
Daniel Tartaglia, Esq., Town of Rye Counsel, addressed the Board. He noted that
damage control remained. Everyone would be kept up-to-date and a dialogue
would be kept open. If there is a large case, the Village can retain Counsel and go
Board of Trustee Meeting
November 9,2004
Page 3
to trial. Mr. Targalia noted that in the past ten years there has not been one trial.
The Village would also be able to address PILOTS,which are contracts and a way
of protecting the Village in tax cert. cases. The current roll is more accurate than
the prior roll — and it has been scrutinized heavily. There are ongoing
assessments; each and every June there will be a new assessment roll that will
reflect changes in the marketplace, and there will be corrections to the roll. The
Assessor can make changes to the roll, even if it is closed.
There has been enormous confusion in regard to commercial property values.
The Town has been doing this job for the Villages of Rye Brook and Port Chester,
practically free. Now the Town, at a Board level, will need to make a decision
whether or not it can continue to do that, however, the consensus is that they no
longer can afford this.
Mayor Rand called for members of the public wishing to address this matter. Mr.
Ken Heller of Lincoln Avenue questioned whether or not the Village would
continue to consider the discounts for senior citizens. Mr. Markowitz noted that
the Villages retain the rights to determine exemptions. Mr. Heller noted that the
Homestead Act has a sliding scale and although it is good initially, it would need
to be watched over the next five or six years.
Gary Zuckerman of Hillandale Road addressed the Board. He asked that the
Board list other negatives when considering this local law. Trustee Joan Feinstein
noted that there is confusion because everything is based on fair market value.
Since there seems to be a problem with the two-tax roll status, and two potential
fair market values, she questioned whether there was a way to resolve this. Mr.
Tartaglia noted that the Town discovered during this process that there is the real
property tax law that acts as an overview of varying tax authority. The County
adjusted the valuation date for the Town of Rye and now it is pushed back to
January 1 st
Mayor Rand noted that the public hearing would remain open to the next Board of
Trustees meeting. This matter requires a lot of thought. It is important to note
that if the Village gives up its assessing status, it is not giving up the right of
protecting the residents. The Village must continue working with the Town and
the Village of Port Chester on preserving and protecting the resident's right to
question assessments. On a motion made by Trustee Santon, and seconded by
Trustee Feinstein, the matter was adjourned.
Mr. Keith Rang called the roll:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Board of Trustee Meeting
November 9,2004
Page 4
The second item on the agenda under Public Hearings was called:
2) CONSIDERATION OF A LOCAL LAW AMENDING SECTION 250-2 OF
THE CODE OF THE VILLAGE OF RYE BROOK CONCERNING THE
DEFINITION OF HEIGHT/SETBACK RATIO
The public hearing was opened at 8:15 p.m. Mr. Bradbury noted that this
amendment would help people figure out what the law means. There were no
additional comments. On a motion made by Trustee Santon, and seconded by
Trustee Harris, the public hearing was closed.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand asked that the resolution addressing this public hearing be taken out of
order.
RESOLUTIONS:
3) ADOPTING A LOCAL LAW AMENDING SECTION 250-2 OF THE
CODE OF THE VILLAGE OF RYE BROOK CONCERNING THE
DEFINITION OF HEIGHT/SETBACK RATIO
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and
seconded by Trustee Buzin, the resolution was adopted.
RESOLUTION
ADOPTING A LOCAL LAW AMENDING SECTION 250-2
OF THE CODE OF THE VILLAGE OF RYE BROOK
CONCERNING THE DEFINITION OF
HEIGHT/SETBACK RATIO
WHEREAS, the Village of Rye Brook Board of Trustees is considering
amending Section 250-2.0 of the Village Code to clarify the calculation of required
setbacks and building heights using height/setback ratios for residential zoning districts;
and
WHEREAS, on October 14, 2004 the Planning Board adopted a resolution, by a
vote of 7-0,recommending approval of the proposed local law amending Section 250-2.0
of the Village Code to clarify the calculation of required setbacks and building heights
using height/setback ratios for residential zoning districts; and
Board of Trustee Meeting
November 9,2004
Page 5
WHEREAS, the proposed text amendments are attached to this resolution, with
text to be deleted shown in strikeout and text to be added shown in double underline; and
WHEREAS, the Village Board, in accordance with Article 8 of the State
Environmental Conservation Law and 6 NYCRR Part 617, determined that adoption of
the proposed local law would be a "Type 2" Action requiring no further review pursuant
to the State Environmental Quality Review Act; and
WHEREAS, the proposed local law was referred to the Westchester County
Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester,
the Town/Village of Harrison and the City of Rye for review and comment; and
WHEREAS, no comments were received from the Westchester County
Department of Planning, the Towns of Rye and Greenwich, the Village of Port Chester,
the Town/Village of Harrison and the City of Rye; and
WHEREAS, the Village Board is familiar with the proposed local law and has
discussed it on a number of occasions, directing the Village Consultants to make
revisions and modifications; and
WHEREAS, on November 9, 2004, the Village Board held a public hearing on
the subject local law, at which time all persons interested were given an opportunity to
speak on behalf or in opposition to said proposed local law; and
WHEREAS, the Board of Trustees of the Village of Rye Brook, after due
deliberation, finds it in the best interest of the Village to adopt such local law.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
adopts the proposed local law amending Section 250-2.0 of the Village of Rye Brook
Code to clarify the calculation of required setbacks and building heights using
height/setback ratios for residential zoning districts, which amendments are enacted into
law as Local Law 917- 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.
Mr. Keith Rang called the roll:
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Board of Trustee Meeting
November 9,2004
Page 6
Mayor Rand returned to the order of the agenda:
PUBLIC HEARING
3) CONSIDERATION OF A LOCAL LAW TO AMEND CHAPTER 240 OF
THE VILLAGE CODE TO ADD STOP SIGNS ON OLD ORCHARD
ROAD AND BERKELEY DRIVE
Mayor Rand opened the public hearing.
A resident of Old Orchard Road addressed the Board. He questioned exactly
where the stop signs would be installed. Mr. Bradbury reviewed the locations,
and noted that the line of sight at these intersections would be cleared. There
were no additional comments. There being no additional comments, Mayor Rand
called for a motion to close the public hearing.
On a motion made by Trustee Feinstein, and seconded by Trustee Harris, the
pubic hearing was closed.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
The resolution for the above public hearing was called for:
4) ADOPTING A LOCAL LAW TO AMEND CHAPTER 240 OF THE
VILLAGE CODE TO ADD STOP SIGNS ON OLD ORCHARD ROAD
AND BERKELEY DRIVE
Mr. Bradbury read the resolution.
RESOLUTION
ADOPTING A LOCAL LAW TO AMEND CHAPTER 240
OF THE VILLAGE CODE TO ADD STOP SIGNS
ON OLD ORCHARD ROAD AND BERKELEY DRIVE
WHEREAS, the Village of Rye Brook Traffic Commission has requested
that stop signs be installed on Old Orchard Road at Berkeley Drive proceeding
north and also on Berkeley Drive proceeding east at Old Orchard Road to create a
four-way stop intersection; and
Board of Trustee Meeting
November 9,2004
Page 7
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 Berkeley Drive and on the south side of Berkeley Drive where
it intersects Old Orchard Road to create a four-way stop intersection; and
WHEREAS, a duly noticed public hearing was held at a meeting of the
Board of Trustees of the Village of Rye Brook on November 9, 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 November 9, 2004; and
WHEREAS, the Board of Trustees of the Village of Rye Brook has
complied with the provisions of the New York State Environmental Quality
Review Act and has determined that the adoption of the proposed local law is a
"Type Il" action and, therefore, no further environmental review of the proposed
action is required; and
WHEREAS, the Board of Trustees of the Village of Rye Brook after due
deliberation, finds it is in 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 adopts the proposed local law to amend Chapter 240
of the Code of the Village of Rye Brook regarding stop intersections by adding
stop signs on the east side of Old Orchard Road where it intersects Berkeley Drive
and on the south side of Berkeley Drive where it intersects Old Orchard Road to
create a four-way stop intersection; 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.
On a motion made by Trustee Santon, and seconded by Trustee Buzin, the
resolution was adopted.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
RESOLUTIONS:
1) APPOINTMENT OF POLICE CHIEF.
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and
seconded by Trustee Feinstein, the resolution was adopted.
Board of Trustee Meeting
November 9,2004
Page 8
RESOLUTION
APPOINTMENT OF POLICE CHIEF
RESOLVED, that Theodore Sabato of 1 Fairhaven Lane, Port Chester,
New York, is hereby appointed provisionally to the position of Police Chief 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 $107,000 with an
effective start date of November 27, 2004.
Mayor Rand noted that Lieutenant Sabato has served the Village of Rye Brook for
32 years. He was congratulated on an excellent job. Lieutenant Sabato thanked
the Mayor, and Village Board, for this opportunity.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand extended the Village's gratitude to Chief Robert Santoro for his hard
work and wished him well on his retirement.
2) APPOINTMENT OF CARETAKER
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and
seconded by Trustee Feinstein, the resolution was adopted.
RESOLUTION
APPOINTMENT OF CARETAKER
RESOLVED, that Ernest Tigani of 85 Breckenridge Avenue, Port
Chester, New York, is hereby appointed to the position of Caretaker for 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 for the position is
$31,000 with an effective start date of November 12, 2004 and a probationary
period of 52 (fifty-two)weeks from said date.
Board of Trustee Meeting
November 9,2004
Page 9
Mr. Bradbury noted that Mr. Tigani has worked for the City of Rye Schools, and
the Village of Port Chester. He was congratulated on his appointment. Mr.
Tigani thanked the Board for this opportunity.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
5) ACCEPTING THE PROPOSED 2005 CRP SANITATION RECYCLING
SCHEDULE
Mr. Bradbury read the resolution. On a motion made by Trustee Harris, and
seconded by Trustee Santon, the resolution was adopted.
ACCEPTING THE PROPOSED 2005
CRP SANITATION RECYCLING SCHEDULE
WHEREAS, the Village of Rye Brook currently contracts with CRP
sanitation to provide "RESIDENTIAL CURB-SIDE RECYCLING COLLECTION
SERVICES" for said Village as outlined in contract 904-2003; and
WHEREAS, CRP sanitation has surveyed the Village of Rye Brook
routes and offered to make adjustments, as stated in the proposal, to the schedule
of collection that would benefit Rye Brook residents.
RESOLVED, the Village of Rye Brook Board of Trustees approves the
proposed recycling schedule for the year 2005, and authorizes the Mayor to sign
all necessary documents in order to execute the proposal.
Mr. Bradbury noted that this is a voluntary change in schedule, and the new
schedule will take effect in January 2005. The notification process for residents
will begin now, and continue until January.
Mr. Bradbury noted that CPR began providing recycling services to the Village of
Rye Brook as of 2004. They have surveyed the routes and come up with a more
efficient schedule. The new schedule will now be reduced from a four-day
schedule to a three-day schedule. The Village, and residents, will benefit from
this change. Residents will be educated in the differences between recyclable
metal and bulk trash, which will add to the Village's savings.
Board of Trustee Meeting
November 9,2004
Page 10
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
6) TEMPORARILY LIFTING CERTAIN PARKING RESTRICTIONS ON
NEUTON AVENUE AND TAMARACK ROAD
Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and
seconded by Trustee Santon, the resolution was adopted.
RESOLUTION
TEMPORARY SUSPENSION OF ENFORCEMENT OF CERTAIN
PARKING RESTRICTIONS ON NEUTON AVENUE AND TAMARACK
ROAD
WHEREAS, on August 10, 2004 the Village of Rye Brook adopted Local
Law 911-2004, implementing additional parking restrictions on Tamarack Road
and Neuton Avenue; and
WHEREAS, at the time of adoption of this local law, the Village
indicated that these changes would be revisited by the Village after gaining some
experience with the parking restrictions; and
WHEREAS, representatives of the Port Chester School District have
requested that certain restrictions be lifted and have committed to making other
operational changes on the school campus; and
WHEREAS, this request must be balanced with the safety and other
benefits gained by the neighboring residents by implementing these parking
restrictions.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye
Brook Village Board hereby directs the Village Administrator to have the
following parking restrictions modified on a temporary basis:
1) Allow parking on the north side of Neuton Avenue from the entrance
of the school traffic circle to the corner of Tamarack Road, by removing the signs
indicating no parking from 8:00am to 4:00pm school days from September 1 to
June 30; and
2) Allow parking to continue on the east side of Tamarack Road from the
corner of Neuton Avenue to entrance of the Port Chester High School parking lot;
and
Board of Trustee Meeting
November 9,2004
Page 11
3) Notwithstanding this temporary suspension of parking, the no parking
signage shall remain on the corner of Neuton Avenue and Tamarack Road to
allow for safe sight distances.
AND BE IT FURTHER RESOLVED, that this temporary suspension of
parking restrictions shall remain in place until February 1, 2005, at which time the
Board will reconsider the substance of this resolution Section 240 of the Village
Code may be modified by local law to enact any permanent restriction in this
area.
Mayor Rand noted that this has been a difficult matter. It is an issue where not
everyone will be happy. The Village is trying to address traffic, speeding, littering,
loitering issues, as well as the issue of a lack of parking for the Port Chester High
School staff. This is a work in progress. The Port Chester Board of Education has
asked that this matter be re-addressed and this resolution is an accommodation to
that request. They have noted that there is insufficient parking at the high school.
These are temporary changes and this matter will continue to be reviewed. The
School District has made commitments to the Village in connection with loitering
and littering. Mayor Rand noted that the parking spaces that will be given back
are on the school side—not in front of residents' homes.
Mr. Bradbury noted that there has been discussion on this resolution. The decision
was to restrict parking in front of the traffic circle on Tamarack. The Code remains
the same, but Rye Brook will not put up the signs. In addition, some signs will be
removed on Neuton Avenue. Here, again, the Code will remain the same but the
Village will be relaxing certain items of the Code. Lifting these restrictions will
give back six to eight parking spaces.
Trustee Feinstein felt that there was ample parking near the tennis courts and that
although it was perceived to be a far distance, it was not. She also noted that there
are other areas that should be researched as possible parking lots. An overall
solution must be found.
Mayor Rand noted that the Traffic Commission has studied this matter,
discussions have been held. This matter has to be dealt with. The area has not
been policed. Complaints continue to come in concerning the loitering and
littering. Mayor Rand hoped that by allowing these parking spaces to be utilized
the Port Chester School Board would see that Rye Brook is willing to work with
them to allow them to prove themselves as a good neighbor. The next dialogue
between the Board of Education and Board of Trustees will take place in January
2005.
Mr. Berghaus, a resident of Tamarack Road addressed the Board. He asked that
he speed limit be enforced. He also noted that the High School has proposed
construction and expressed concern over construction traffic and vehicles.
Lawrence Lupo, president of the Port Chester Board of Education addressed this
Board of Trustee Meeting
November 9,2004
Page 12
matter. He thanked the Board for reinstating the parking on behalf of the children,
and the staff noted that the maintenance staff for the High School has been out in
an effort of keeping the area clean. He also noted that plans for expansion of the
High School are being drafted. Along with that expansion is a proposed parking
area alongside of the gym, on High School property. He assured the Board that
they are trying to come up with solutions.
Edward Beane, Esq., Village Counsel, noted that an exception was being created
and enforcement was being modified. This resolution gives public notice.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING NAY
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
7) ADOPTING A LOCAL LAW AMENDING CHAPTER 235 OF THE
VILLAGE CODE REGARDING DEFINITIONS
RESOLUTION
ADOPTING A LOCAL LAW AMENDING CHAPTER 235 OF THE VILLAGE
CODE REGARDING DEFINITIONS
WHEREAS, the Village of Rye Brook Board of Trustees has received
various recommendations from its staff, Planning Consultant (Fredrick P. Clark
Associates, Inc.), the Tree and Beautification Committee and others regarding
proposed modifications to Chapter 235, Trees of the Code of the Village of Rye
Brook to improve the Village's ability to carry forward its vital interest in the
planting and preservation of trees within its borders; and
WHEREAS, the Village Board wishes to implement these
recommendations by amending Chapter 235 to expand the definition section; and
WHEREAS, the local law proposed to accomplish the foregoing has been
revised according to the recommendations of the Village Board; and
WHEREAS, the proposed text amendments are attached to this
resolution, with text to be deleted shown in strikeout and text to be added shown
in double underline; and
WHEREAS, the adoption of the proposed local law is an unlisted action
pursuant to Article 8 of the State Environmental Conservation Law and 6 NYCRR
Part 617; and
Board of Trustee Meeting
November 9,2004
Page 13
WHEREAS, a duly noticed public hearing was opened on July 13, 2004,
at which time all persons wishing to be heard were given the opportunity to speak
on behalf of or in opposition to the subject revisions and the hearing was closed
on October 26, 2004; and
WHEREAS, the Board of Trustees of the Village of Rye Brook after due
deliberation, finds it is in 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 Environmental
Conservation Law and 6 NYCRR Part 617, and upon review of the EAF that was
prepared for this local law, hereby adopts a Negative Declaration because the
local law will not have 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 expand the definition section, which
amendments are enacted into law as Local Law 918-2004; 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.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
8) ADOPTING A LOCAL LAW TO AMEND THE VILLAGE CODE TO
REGULATE THE EXPIRATION OF BUILDING PERMITS
Mr. Bradbury read the following resolution:
RESOLUTION
ADOPTING A LOCAL LAW TO AMEND
THE VILLAGE CODE TO REGULATE THE
EXPIRATION OF BUILDING PERMITS
Board of Trustee Meeting
November 9,2004
Page 14
WHEREAS, a proposed local law was introduced to Chapters 91 and 219
of the Code of the Village of Rye Brook to regulate the expiration of building
permits; and
WHEREAS, a duly noticed public hearing was held at the meetings of the
Board of Trustees of the Village of Rye Brook on July 13, 2004, August 10, 2004,
August 24, 2004, September 14, 2004, September 28, 2004 and October 26, 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 October 26, 2004; and
WHEREAS, the Board of Trustees of the Village of Rye Brook has
complied with the provisions of the New York State Environmental Quality
Review Act and has determined that the adoption of such local law is a "Type IP'
action and, therefore, no further environmental review of the proposed action is
required; and
WHEREAS, the Board of Trustees of the Village of Rye Brook after due
deliberation, finds it is in 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 adopts the proposed local law to amend
Chapters 91 and 219 of the Code of the Village of Rye Brook to regulate the
expiration of building permits, which amendments are enacted into law as Local
Law 920-2004; 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.
Several grammatical/corrections were requested. On a motion made by Trustee
Feinstein, and seconded by Trustee Buzin, the resolution was adopted as
amended.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
9) SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT 62
WOODLAND AVENUE AND OTHER WESTCHESTER LOCATIONS
Mr. Bradbury read the following resolution.
Board of Trustee Meeting
November 9,2004
Page 15
RESOLUTION
SUPPORTING THE WESTCHESTER COUNTY IDA PROJECT AT
62 WOODLAND AVENUE AND OTHER WESTCHESTER LOCATIONS
UNDER CERTAIN CONDITIONS
WHEREAS, the Village of Rye Brook has received a notice of a
Westchester County Industrial Development Agency Project (the "Project") in
accordance with Section 859-a of the General Municipal Law, and
WHEREAS, the Young Adult Institute, Inc. (YAI) has requested
financing to be issued by the Westchester County Industrial Development Agency
for several YAI project locations, including the financing or refinancing of an
estimated $1,240,000 but not to exceed $1,653,000, for property at 62 Woodland
Avenue in Rye Brook; and
WHEREAS, the Project includes the acquisition, renovation, and
equipping of a home at 62 Woodland Avenue, providing habilitative services for
approximately eight(8) adults with developmental disabilities; and
WHEREAS, the Project also includes financing and/or refinancing of an
estimated $800,000 but not to exceed $1,070,000, for the acquisition, renovation
and equipping of another property in the Town of Rye located at 261 King Street,
as well as other properties in Westchester County; and
WHEREAS, the Westchester County Industrial Development Agency
intends to issue bonds and also contemplates providing financial assistance in the
form of exemptions from mortgage recording tax, in accordance with the Notice
of Public Hearings dated October 29, 2004, and will be holding several public
hearings on December 1, 2004; and
NOW THEREFORE BE IT RESOLVED, that the Village of Rye
Brook Village Board hereby supports the Westchester County Industrial
Development Agency Project with the Young Adult Institute, Inc., including the
project at 62 Woodland Avenue and other locations, subject to the following
condition, 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,
Village of Port Chester, and Village of Mamaroneck in the absence of this
Proj ect.
On a motion made by Trustee Santon, and seconded by Trustee Feinstein, Mr.
Rang called the roll on the resolution, as amended:
Board of Trustee Meeting
November 9,2004
Page 16
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
10)BUDGET MODIFICATIONS
RESOLUTION
2003/2004 BUDGET MODIFICATIONS
RESOLVED, that the following 2003/2004 budget modifications be hereby approved:
FROM TO AMOUNT
101.1325.120 101.1010.469 $ 228.23
(Village Treasurer- (BOT—Misc.)
Bookkeeper)
101.1325.199 101.1010.469 $ 328.69
(Village Treasurer- (BOT—Misc.)
Part-time/Intern/
Vacation Pay)
101.1325.199 101.1230.110 $ 7.62
(Village Treasurer- (Administrator—
Part-time/Intern/ Village Admin)
Vacation Pay)
101.1325.199 101.1230.120 $1,341.75
(Village Treasurer- (Administrator—
Part-time/Intern/ Asst to Admin)
Vacation Pay)
101.1325.199 101.1230.199 $ 499.07
(Village Treasurer- (Administrator—
Part-time/Intern/ Temps/Long/Vacation)
Vacation Pay)
101.1325.411 101.1230.199 $ 642.00
(Village Treasurer- (Administrator—
Board of Trustee Meeting
November 9,2004
Page 17
Office Supplies) Temps/Long/Vacation)
FROM TO AMOUNT
101.1325.436 101.1230.199 $ 587.00
(Village Treasurer- (Administrator—
Prof Business Expenses) Temps/Long/Vacation)
101.1325.469 101.1230.199 $ 135.09
(Village Treasurer- (Administrator—
Miscellaneous) Temps/Long/Vacation)
101.1325.477 101.1230.199 $ 22.73
(Village Treasurer- (Administrator—
Audit Fee) Temps/Long/Vacation)
101.1325.477 101.1230.454 $ 221.16
(Village Treasurer- (Administrator—
Audit Fee) Travel/Conference)
101.1620.431 101.1410.462 $ 393.97
(Village Offices - (Village Clerk—
Utilities) Legal Advertising)
101.1620.431 101.1410.469 $1,328.39
(Village Offices - (Village Clerk—
Utilities) Miscellaneous)
101.1620.431 101.1410.486 $2,326.60
(Village Offices - (Village Clerk—
Utilities) Village Election)
101.1620.210 101.1410.499 $ 556.46
(Village Offices - (Village Clerk—
Office Equipment) Contractual)
101.1620.411 101.1410.499 $ 674.89
(Village Offices - (Village Clerk—
Maint Supplies) Contractual)
101.1620.431 101.1410.499 $ 515.69
(Village Offices - (Village Clerk—
Utilities) Contractual)
101.1680.200 101.1410.499 $3,267.10
(MIS—Equipment) (Village Clerk—
Board of Trustee Meeting
November 9,2004
Page 18
Contractual)
FROM TO AMOUNT
101.1910.422 101.1640.415 $13,268.45
(Unallocated Insurance) (Central Garage—
Fuel & Oil)
101.1950.407 101.1640.415 $ 2,206.01
(Tax on Property) (Central Garage—
Fuel & Oil)
101.1990.426 101.1640.445 $ 1,870.47
(Contingency) (Central Garage—
Repair Parts)
101.1990.426 101.1640.450 $ 235.39
(Contingency) (Central Garage—
Garage Repair/Maint)
101.1930.439 101.1420.458 $35,049.15
(Judgments & Claims) (Village Attorney—
Supplemental Services)
101.1930.439 101.1420.469 $ 642.00
(Judgments & Claims) (Village Attorney—
Miscellaneous)
101.1930.439 101.1670.495 $ 6,136.48
(Judgments & Claims) (Central Print/Mail)
101.1930.439 101.3120.189 $20,559.55
(Judgments & Claims) (Police Dept.—
Overtime)
101.1930.439 101.3120.195 $ 7,749.25
(Judgments & Claims) (Police Dept.—
Police School/Training)
101.1930.439 101.3410.160 $ 4,000.00
(Judgments & Claims) (Fire Protection—
Firefighter)
101.1990.424 101.3410.160 $ 2,000.00
(Contingency) (Fire Protection—
Firefighter)
Board of Trustee Meeting
November 9,2004
Page 19
FROM TO AMOUNT
101.3510.499 101.3410.160 $ 2,577.04
(Control of Dogs - (Fire Protection—
Contractual) Firefighter)
101.3620.120 101.3410.190 $ 3,193.35
(Safety Inspection - (Fire Protection—
Building Inspector) Holiday)
101.3620.120 101.3410.426 $ 997.60
(Safety Inspection - (Fire Protection—
Building Inspector) Protective Equipment)
101.3620.120 101.3410.450 $1,342.80
(Safety Inspection - (Fire Protection—
Building Inspector) Utilities)
101.3620.120 101.3410.469 $ 455.66
(Safety Inspection - (Fire Protection—
Building Inspector) Supplies)
101.3620.120 101.4540.460 $ 907.52
(Safety Inspection - (Ambulance Service—
Building Inspector) Volunteer Ambulance)
101.3620.120 101.5110.411 $ 120.38
(Safety Inspection - (Highway Maint—
Building Inspector) Highway Supplies)
101.3620.120 101.5110.412 $1,243.63
(Safety Inspection - (Highway Maint—
Building Inspector) Street Maintenance)
101.3620.120 101.5110.413 $ 138.31
(Safety Inspection - (Highway Maint—
Building Inspector) Road Signs)
101.3620.120 101.5110.425 $1,871.30
(Safety Inspection - (Highway Maint—
Building Inspector) Uniform Allowance)
101.3620.120 101.5110.438 $ 91.00
(Safety Inspection - (Highway Maint—
Building Inspector) Equipment Rental)
Board of Trustee Meeting
November 9,2004
Page 20
FROM TO AMOUNT
101.3620.120 101.5142.199 $3,605.23
(Safety Inspection - (Snow Removal—
Building Inspector) Overtime/Temp Help)
101.3620.200 101.5142.199 $ 2,806.26
(Safety Inspection - (Snow Removal—
Equipment) Overtime/Temp Help)
101.8160.471 101.5142.417 $ 7,609.05
(Refuse Collection - (Snow Removal—
Disposal Fees) Sand/Salt)
101.8160.471 101.9030.427 $ 18,062.43
(Refuse Collection - (Employee Benefits—
Disposal Fees) Social Security)
101.9950.900 101.9040.800 $ 72,755.43
(Interfund Transfer) (Employee Benefits—
Workers Compensation)
101.9950.900 101.9060.817 $225,472.50
(Interfund Transfer) (Employee Benefits—
Health Insurance)
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
11) REFERRING TO THE PLANNING BOARD A LOCAL LAW AMENDING
THE ZONING MAP OF THE CODE OF THE VILLAGE OF RYE BROOK
REGARDING THE SCENIC ROADS OVERLAY DISTRICT
Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and
seconded by Trustee Feinstein the following resolution was adopted:
Board of Trustee Meeting
November 9,2004
Page 21
RESOLUTION
REFERRING TO THE PLANNING BOARD
A LOCAL LAW AMENDING THE ZONING MAP OF THE CODE
OF THE VILLAGE OF RYE BROOK REGARDING
THE SCENIC ROADS OVERLAY DISTRICT
WHEREAS, the Board of Trustees is considering a local law to amend
the Zoning Map of the Code of the Village of Rye Brook to add the following
road segments to the Scenic Roads Overlay District:
1. King Street, from North Ridge Street to the municipal boundary with the
Village of Port Chester.
2. North Ridge Street, from Ridge Boulevard to Longledge Drive.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
of the Village of Rye Brook hereby refers the proposed Zoning Map amendments,
as attached hereto, to the Planning Board, Westchester County Planning
Department, the Town of Greenwich, the Village of Port Chester, and the
Advisory Council on Environmental Conservation for review and comment.
It was noted that the resolution was to add the two roads to the Scenic Roads
Overlay District.
Trustee Santon noted that there were still inaccuracies on the Zoning Map.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
13)ENTERING INTO AN AGREEMENT WITH CAROLINE GALLEGO TO
CONDUCT A NEEDS ASSESSMENT AND FEASIBILITY STUDY FOR
PERSONNEL AND PAYROLL RECORDS RETENTION
Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and
seconded by Trustee Feinstein, the resolution was adopted.
RESOLUTION
ENTERING INTO AN AGREEMENT WITH CAROLINE GALLEGO TO
CONDUCT A NEEDS ASSESSMENT AND FEASIBILITY STUDY FOR
PERSONNEL AND PAYROLL RECORDS RETENTION
Board of Trustee Meeting
November 9,2004
Page 22
WHEREAS, the Village of Rye Brook Treasury Department, seeks to
examine its personnel and payroll records retention system through a needs
assessment and feasibility study; and
WHEREAS, the Village of Rye Brook Board of Trustees approved an
application for a Local Government Records Management Improvement Fund
Grant application through New York State Records and Archives during the
January 29, 2004 Board of Trustees meeting; and
WHEREAS, the Local Records Management Improvement Fund Grant
application sought funding for the 2004-2005 fiscal year in order to employ a
consultant to perform the needs assessment and feasibility study which will
propose a cost effective technology system that will allow for a greater efficiency
of data storage and retrieval.
NOW,THEREFORE, BE IT RESOLVED,that the Village of Rye
Brook Board of Trustees of the Village of Rye Brook authorizes the Mayor to
execute a service agreement on behalf of the Village with Caroline Gallego at an
amount not to exceed $6,900.
Mr. Bradbury noted that the Village received a Grant and, in compliance,
someone must come in and do a needs assessment.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
14)APPOINTMENT OF CODE ENFORCEMENT OFFICER
Mr. Bradbury read the resolution. On a motion made by Trustee Buzin, and seconded by
Trustee Feinstein, the resolution was adopted.
RESOLUTION
APPOINTMENT OF CODE ENFORCEMENT OFFICER
RESOLVED, that Christopher Cortese of 240 Alpine Place, Tuckahoe,
New York, is hereby appointed to the position of Code Enforcement Officer for
the Village of Rye Brook, subject to the Civil Service procedures of the State of
New York; and be it
Board of Trustee Meeting
November 9,2004
Page 23
FURTHER RESOLVED, that the annual salary for the position is
$49,000 with an effective start date of November 15, 2004 and a probationary
period of 52 (fifty-two) weeks from said date.
TRUSTEE BUZIN VOTING AYE
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE HARRIS VOTING AYE
TRUSTEE SANTON VOTING AYE
MAYOR RAND VOTING AYE
Mr. Bradbury noted that Mr. Cortese was recently employed by the Town of
Eastchester. Rye Brook's previous Code Enforcement Officer left Rye Brook
after a short employment.
ADMINISTRATOR'S REPORT
Mr. Bradbury gave a brief update on the King Street Athletic Field. He noted that
meetings with the consultants have been held, and everyone is actively working within
the timeframes provided. A special meeting has been scheduled for November 30th to
discuss options and tasks.
Mr. Bradbury announced that two Rye Brook residents have been named to the
Westchester County Senior Citizens' Hall of Fame. In addition, a Traffic Safety Program
award was presented to Rye Brook.
Mr. Bradbury noted that recently Westchester County gave permanence to the restrictions
currently in place at the Westchester County Airport. They have been keeping close tabs
on the airport since 1984, and will continue to carefully monitor it.
Mayor Rand noted that there were a number of items for discussion placed on the agenda.
He called for the first item.
DISCUSSION ITEMS:
• Follow up on Traffic Commission recommendations regarding Dixon,
Westview,Roanoake and Wyman.
Mr. Bradbury noted that the Traffic Commission suggested hiring consultants to
review traffic conditions in these areas. Alternative side of the street parking, or
perhaps one-side of the street parking, could be considered. Mailers and notices
will be sent out to try and address the over-crowding conditions in the homes on
these streets.
Board of Trustee Meeting
November 9,2004
Page 24
• Survey of Grant Street fences adjacent to I-287
Several months ago this matter was brought to the attention of the State. The
Village originally installed the fence, which is in a state of disrepair. After
review, the State has decided to install a studier fence.
• Update on encroachments
Mr. Bradbury noted that the Village has worked with the residents surrounding
Village land/parks. At this time he was happy to announce that there the majority
of the encroachments have been resolved, and that there was only one
encroachment left.
• Update on sprinkler compliance as well as status of changes to the Sprinkler
Law
Mr. Bradbury noted that he Village has been very active in this area. There are a
few little one-store locations that are being followed up on. Mr. Beane noted that
there is an open litigation, but it is not currently active.
• Halloween night activities policy discussion
Mayor Rand noted that Halloween evening was concluded without any injuries.
There was some mischievous behavior — there were a couple of eggs thrown,
toilet papering, but basically it was a safe night. The police stopped the shaving
cream activities in Pine Ridge Park. These activities, that seem to have been an
annual event, are not sponsored by the Village. A suggestion was made to
considering sponsoring such an event. The Village must do what it can to make
sure that the Holiday is a safe holiday. This matter was referred to the Recreation
Department for further review.
• Update on sidewalk projects and policy
Mr. Bradbury noted that the Village was reviewing the current policy. Mr. Carosi
noted that he was currently reviewing projects such as this, which are done in the
spring.
It was noted that there was temporary asphalt patching that the Village was going
to remove and correct between Ridge Boulevard and Westchester Avenue.
Winter is coming and this situation must be resolved. Mr. Carosi noted that this
should be completed before the onset of winter. He noted that the Building
Department was currently reviewing sidewalks and identifying hazardous
conditions to be repaired. Currently Village policy mandates that residents
correct hazardous conditions on sidewalks. The Board of Trustees is reviewing
this matter.
• Status of Red Roof Farm subdivision matters
Mr. Beane noted that the Village would not have to pay for the trees that are
almost completely installed. He noted that the remaining open matters on this
subject must be left for discussion during an Executive Session.
Board of Trustee Meeting
November 9,2004
Page 25
Mayor Rand noted that Nextel had made an application to the Village. The Village has
been more than patient with Nextel, who proposed a flagpole tower site on Village Hall
property. Construction has been delayed for quite some time. Mr. Bradbury has recently
written a letter to Nextel's Counsel, giving them a deadline of November 150'. It is time
to move ahead.
Mayor Rand noted that he has received complaints concerning Verizon and the boxes that
have been installed. He suggested that the Board of Trustees schedule a meeting to
discuss this matter further.
Mayor Rand announced that the next Board of Trustees meetings were scheduled for
November 23, 2004 and December 14, 2004. He also noted that a Special Meeting was
scheduled for November 300'.
Mayor Rand noted that the Village offices would be closed on Veteran's Day.
There being no further business before the Board, and on a motion made by Trustee
Santon, and seconded by Trustee Buzin, the meeting was adjourned at 10:50 p.m.
Respectfully Submitted,
Christopher J. Bradbury
Village Administrator/Clerk
Board of Trustee Meeting
November 9,2004
Page 26