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Home My WebLink About2004-03-04 - Board of Trustees Special Meeting Minutes AGENDA SPECIAL MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET THURSDAY,MARCH 4,2004— 8:00 PM RESOLUTION: 1) Considering Young Adult Institute's intention to establish a community residential facility in Rye Brook in accordance with the Site Selection Law. Mayor Filipowski welcomed everyone to the March 4, 2004 special meeting of the Board of Trustees. The meeting was called to order at 8:13 pm. BOARD: Mayor Francis Filipowski Trustee Carol Goodman Trustee Robert Harris Trustee Paul Rosenberg Trustee Dean Santon STAFF: Connie DiSalvo,Assistant to the Village Administrator Edward Beane, Esq.,Village Counsel Fred Siefert, Public Access Coordinator Patti Conlon, Meeting Secretary This special meeting is being held in order to address YAI's intention to establish a community residential facility in Rye Brook. The Board has done research to come up with a viable alternate for the YAI to consider. Mr. Beane read the resolution. On a motion made by Trustee Santon and seconded by Trustee Harris the following resolution was adopted. RESOLUTION PROPOSING AN ALTERNATIVE SITE FOR A COMMUNITY RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED PERSONS PURSUANT TO SECTION 41:34 OF THE NEW YORK MENTAL HYGIENE LAW WHEREAS, by letter dated January 23, 2004, Young Adult Institute, Inc. ("YAI") under the auspices of the New York State Hudson Valley DDSO, formally BOT Special Meeting March 4,200 4 Page 1 of 4 notified the Village of Rye Brook (the "Village") of its interest and intent to establish a community residential facility for eight (8) developmentally disabled persons at 62 Woodland Avenue pursuant to Section 41.34 of the New York Mental Hygiene Law; and WHEREAS, pursuant to § 41.34(c)(1) of the Mental Hygiene Law, the Village is required, within forty (40) days after its receipt of the formal notice: (1) approve the site recommended by the sponsoring agency; (2) suggest one [1] or more sites within its jurisdiction which could accommodate such a facility; or (3) object to the establishment of a facility of the kind described by the sponsoring agency because to do so would result in such a concentration of residential facilities for the mentally disabled in the municipality that the nature and character of the areas within the municipality would be substantially altered; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on February 24, 2004, at which time all those wishing to be heard in support of or in opposition to the proposed location of the community residential facility, were given the opportunity to be heard, and the hearing was closed on that date; and WHEREAS, the Board of Trustees of the Village of Rye Brook after due deliberation wishes to propose a comparable and/or superior alternative site for the proposed community residential facility at 558 Westchester Avenue pursuant to §41.34(c)(1)(C) of the Mental Hygiene Law; and WHEREAS, pursuant to § 41.34(c)(1)(C) of the Mental Hygiene Law, the Village finds that the alternative site in question, 558 Westchester Avenue, is satisfactory with regard to the nature, size and community support requirements of the program of the proposed facility and is, at a minimum, comparable and/or superior to the proposed 62 Woodland Avenue site because it is: (1) larger than the proposed site; (2)more accessible to public transportation and shopping; (3) contains ample residential space in good condition, including, but not limited to, ample bedroom space, at least two [2] full bathrooms, adequate living and dining room space, and office and storage space; (4)has suitable existing parking; (5) is less costly to purchase than the proposed site; and(6) is in closer proximity than the proposed site to an existing community residential facility located at 457 West Street, Port Chester, which is currently serving the needs of some of the developmentally disabled persons proposed to be relocated to the Village of Rye Brook, and will allow those persons to remain as close to their current residence as possible. NOW,THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby proposes 558 Westchester Avenue as an alternative site for location of a community residential facility for developmentally disabled persons; and BE IT FURTHER RESOLVED, that the Mayor is authorized to issue a formal notice to the sponsoring agency (YAI) proposing 558 Westchester Avenue as a comparable and/or superior site to the site currently proposed for the community residential facility. BOT Special Meeting March 4,200 4 Page 2 of 4 Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Mr. Lou Fuller of 53 Bowman Avenue owns a property directly behind a group home at 544 Westchester Avenue which he did not know about before purchasing his home. This would make two group homes within five houses of each other and believes this is unfair to the neighborhood. He wants another public hearing held and the neighbors should be notified by mail. The Mayor stated that the Board has put together a package of information in order for YAI to evaluate the new location. Mr. Beane told us that the package does a comparison between the two properties including such factors as listing price, school districts, style, number of bedrooms,parking, estimated taxes, estimated square feet, lot size,heat,water, fuel, sewage, and year built. The 62 Woodland Avenue listing price is higher by approximately fifty thousand dollars. The properties are very comparable and 558 Westchester Avenue satisfies the criteria according to the statues. Trustee Santon wanted to know if anyone had checked if the property was still available or if there were any offers on this property. Counsel told him the property was still available. He also wanted to make sure that the Village staff's comparisons on the property, based on two different multiple listing sheets, are not representing anything— we should not be in the business of representing—we are basically paraphrasing and comparing what two different listings and wants some appropriate disclaimer that it is subject to the prospective buyer verifying with the listing agent and the owners what the actual terms are. Village Counsel said that under the Mental Hygiene Law, after the agency receives the formal proposal, they do their own due diligence and make their own decision as to whether or not this is a comparable or superior alternative. Trustee Santon wanted to know what is the purpose of enclosing an appraisal from 1986. Village Counsel told him that the Village staff put together as much information as it could and that this was the only appraisal available Trustee Harris acknowledged that the Mayor and the Village staff have made a great effort and have really come through on behalf of these people. Ms. Diane Quinton thanked the Mayor and stated that they will give this site complete consideration. They will get their own independent appraisal through the state if the site meets their needs. BOT Special Meeting March 4,200 4 Page 3 of 4 Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye On a motion made by Trustee Rosenberg and seconded by Trustee Santon the Board moved to go into an executive session on contract negotiations. Trustee Goodman Voting Aye Trustee Harris Voting Aye Trustee Rosenberg Voting Aye Trustee Santon Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski thanked all for coming and adjourned the meeting at 8:50 pm. NEXT TRUSTEES MEETING March 9, 2004 and March 23, 2004 Village Hall is fully accessible to the handicapped. Those who need special arrangements should contact the Village Administrator's Office ONE WEEK IN ADVANCE OF A MEETING AT (914) 939-1121 Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk BOT Special Meeting March 4,200 4 Page 4 of 4