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HomeMy WebLinkAbout2013-04-23 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,APRIL 23, 2013 AGENDA 7:00 P.M.— Considering motion to go into Executive Session— Signature Litigation Update and Commission Appointment 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1) Public hearing on an application for approval of a special permit and amended site plan for Reckson Operating Partnership L.P. at property located at 1100 King Street RESOLUTIONS: 1) Considering adoption of Rye Brook 2013-2014 Annual Budget 2) Considering referring an amended site plan application by Rye King Associates, LLC for property located at 900 King Street to the Planning Board and Zoning Board of Appeals 3) Considering an appointment to the Traffic Commission ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Potential legislation regarding Planning Board referrals ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting April 23,2013 Page 1 of 15 THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: May 14 and May 28, 2013 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Greg Austin, Police Chief Jennifer L. Gray, Esq., Village Counsel Marilyn Timpone Mohamed, Village Consultant Michael Galante, Village Consultant Michal Nowak, Superintendent of Public Works David Stoltman, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Regular Meeting of the Board of Trustees. He noted that there was a full agenda and called for the first item on the agenda, noting that this was a continuation of a public hearing. He stated that this public hearing will remain open until all questions and concerns have been responded to. There is a lot more information that needs to be reviewed, and questions to be answered. He did state that there was no PILOT in place for this matter. A PILOT is a payment in lieu of taxes. Mr. Christopher Bradbury, Village Administrator, provided an explanation of what a PILOT program entitled. There was a rumor that a PILOT was being put in place, and Mayor Rosenberg and Mr. Bradbury both stated that there was no truth to the rumor. Mayor Rosenberg noted that the applicant has revised the site plan, and reduced the number of seats. He explained how the meeting would be run, noting that the applicant would address the Board, and then the Village's Counsel and Consultants would have an opportunity to speak, and then members of the public would be offered the opportunity to address the Board. A sign in sheet would be used to dictate the order that the speakers would be called to the podium. He asked that all speakers be considerate and try to keep their comments to three minutes. William Null, Esq., legal counsel for the representative, addressed the Board. He noted that since the last time the application was before the Board, additional information has Board of Trustees Meeting April 23,2013 Page 2 of 15 been submitted. The first item was addressed was the reduction in the number of seats. Attorney Null noted that an updated traffic report has been submitted. The morning traffic counts were omitted because they were not deemed important. The pending developments on King Street have been included. As required by SEQRA, this application must be included in all traffic review. The traffic studies included college and high school games, and tournaments. Two additional items were submitted today. The first was an environmental impact analysis — this lays out the benefits to Rye Brook (hotels, restaurants, etc.). It projects over 29 million in income; this is the entire area. A letter describing QMC's vision was also submitted. It includes benefits for Rye Brook such as internships for college and sports management; discounts for Rye Brook residents; and first aid trained and certified personnel on staff. John Collins, traffic consultant, addressed the Board. After the initial review by Village Boards and consultants, the applicant was asked several things. The applicant was asked to do a detailed count of traffic, and a comparison of other comparable facilities. They also took into account college and high school games. Also analyzed were four different conditions — two during the p.m. rush hour and two during the weekend. All of this information has been included in the Traffic Report. The additional information requested by the consultants has also been included in the new traffic study. It was noted that typically during a tournament there are approximately 200 vehicles coming in; 60% of the traffic towards the Hutch. The count of 200 to 400 vehicles would occur at the evening rush hour. That is the 5:00 to 6:00 p.m. rush hour. Mayor Rosenberg noted that there is 140,000 square feet of office building to be left in this application. Attorney Null the 140,000 square feet because 280,000 was initially approved. The skating facility has been analyzed with the additional use. Nothing has been identified but it is understood that it the rink is constructed, there could still be an additional construction. Attorney Null noted that the applicant understands that all that is before the Board at this time is the Skating facility. Attorney Null noted that sound, air quality, visual assessment, landscaping plans, and drainage were items included during the review. The drainage plan is the plan from the 280,000 office building and is more than necessary for the construction of the skating facility. Mark Crantz, of Divney, Tung, Schwalbe, engineering consultants addressed the Board. The applicant received a memo from the Task Force and responses were submitted. All comments will be responded to. Also being addressed are questions about the emergency access from King Street. The second access would require approval of the Department of Transportation. This emergency access road would only be used by emergency vehicles. Various fire truck turn diagrams were reviewed and approved. Revised circulation plans were also submitted. The ADA and handicapped accessible parking has been relocated. Retrofitting new hydrants will be done and the existing hydrants will be included. Regarding bus parking, there is a bus parking area located behind the buildings — away from Doral and Bellefair. It was pointed out that there is more than enough parking on site. There are a few new requests for additional information that the applicant is working on. Board of Trustees Meeting April 23,2013 Page 3 of 15 Mr. Michael Galante, Village Traffic Consultant from the firm of Frederick P. Clark & Associates, addressed the Board. He noted that several memorandums have been issued. The application was submitted in November, 2012. The impacts to the Traffic were part of the initial application. When the study was first submitted by the applicant it included two intersections. Based on comments from the Village, residents, and the Town of Greenwich, the area of review expanded, as has the time periods. Based on information and data submitted by the applicant, and information from The Town of Greenwich, and the Department of Transportation, a review of peak hour traffic was done. Noon to 1:00 p.m. was identified as a peak time. The highest volumes were used to make a determination. A 140,000 square foot, four rink, facility has been included. Weekends were included in the calculations. Although the additional 140,000 square feet office building is not part of this application and it should be included. as well as all approved construction in the King Street corridor. Mr. Galante presented charts for review. Also reviewed for the traffic study was the fact that the tournaments will occur over a three day period. Mayor Rosenberg noted that he has heard that when an event is over, cars will pour out on King Street. Mr. Galante noted that the study includes traffic entering and exiting the area. The final conclusions of the analysis have not been made. The last part of the analysis includes mitigation. Traffic engineering peak times can change. No one knows how this will change in the future. The Bellefair Driveway is a minor change. The distribution for traffic on an event or tournament day is being reviewed. All of this has to be submitted in a new report. Adding signalization must be approved by the state. The applicant is working on responses to all of the questions. Mayor Rosenberg addressed the issue of SEQRA. Jennifer Gray, Esq., Village Counsel, noted that the Board of Trustees is the lead agency. A negative declaration means that there will not be any significant impacts. A Supplemental Impact Statement may be required. Mayor Rosenberg noted that he would call on members of the public utilizing the sign in sheet. Ms. Nancy Ruskin, a resident of Doral Greens for over 13 years, addressed the Board. She noted that she made an appeal to the Zoning Board who approved the Building Inspector's ruling. The operation of this facility will dramatically change her quality of life, and there are many concerns that need to be addressed. There are safety, environmental, and quality of life issues involved. All five of the Homeowners' Association directly affected by this project are against this project. The residents of Doral Greens and Bellefair are Rye Brook constituents. The Zoning Board has given a shocking decision. No other municipalities in Westchester would consider reviewing this request. This is an unregulated, profit making facility and she felt that this proposal should be stopped. Most of the support for this facility comes from hockey associates and consultants brought in by the applicant. This application comes from a well healed New York Stock Exchange Company whose sole objective is to make a profit. The applicant should be directed to find another use for this site. This facility will effect the lives of thousands of people. If this project is built, here will be no opportunity to undo what has been permitted. Board of Trustees Meeting April 23,2013 Page 4 of 15 Marsha Teschner, Chairman of the Rye Brook Airport Council, noted that this building is a hazard to the airport. There are rules and regulations set by the FAA. This facility will contain over three acres of interior space which includes ticket sales area, showers, medical office, and a referee room. This parcel of land is within three miles of the airport. The airport tower is not staffed after 11:00 p.m. The lights of the proposed facility will need to be on until closing. These lights will interfere with the airplane landing lights. Mr. Bradbury noted that this project will be reviewed by the FAA. Marsha noted that the additional traffic would create problems getting to and from the airport. In addition air quality should be reviewed. She proposed a Board of Architectural Review for this project. Jennifer Gray, Esq., Village Counsel, noted that the Village does have a Board of Architectural review that reviews applications within the Village. Patricia Grabel of 52 Doral Greens Drive West, a resident for nine years, addressed the Board. She noted that she is a citizen, tax payer, and resident of Rye Brook. This is the largest ice skating facility in the northeast and it is being proposed in an area surrounded by residential homes. This facility will have four ice skating/hockey rinks. She protested in the construction as it should be constructed in a commercial zone. There will be noise, alcohol on the premises, air pollution, which are big issues, but the intensification of traffic on King Street is also a safety issue. King Street will be made dangerously clogged. It will make it impossible to get to the airport. It could provide fatally hazardous to cyclists on King Street, and a nightmare for emergency vehicles. There is a fear among the residents that this facility will low real estate values. She begged the Board to deny Reckson. Mayor Rosenberg noted that the Board would never approve anything that served alcohol. Attorney Null pointed out that this application has never proposed alcohol. Reckson has been a good citizen of this community for a long time. Allen Berk of Doral Greens addressed the Board. He noted that he lived in Greenwich and downsized to a nice, quiet community— Doral Greens. He understands the financial aspects and the attraction for Reckson. However, this ice skating rink is not a very neighborly way to solve their financial issues. Traffic is a major concern because traffic on King Street is already unbearable. He asked that the Board not be fooled by the applicant's take on traffic as the traffic will be significantly increased after the rinks have been built. Marsha Goldfinger of Doral Greens Drive West addressed the Board. She noted that she is one of the first five residents of Doral Greens. One of the most important reasons for moving to Rye Brook was the quiet character of the area. She pleaded that the Village Board maintain the character of Rye Brook. This project will bring the noise and traffic issues that will greatly affect the quality of life of all of the residents of Rye Brook. Barbara Berk of Doral Greens addressed the Board. She noted that this is a residential community. An ice arena would change the vision of Rye Brook. There are dangers of approving the arena. She felt that there was a lack of completeness in the traffic study was a red flag. The residents have put trust in the Trustees and she hoped that they would Board of Trustees Meeting April 23,2013 Page 5 of 15 make the right decision for all of the residents of Rye Brook and not approve this application. Jeffrey Pan, of Bellefair, addressed the Board. The increase to traffic is something that will happen every day, all day. He felt that the traffic studies need to be reviewed again. There will be a noise impact. Car doors slamming, people talking, etc. Buses leaving at midnight will be heard. No one wants Rye Brook to end up as a big commercial area. All of the concerns should be looked at and it will be understood that this facility does not belong in a residential area. Jerry Erlick of Doral Greens, addressed the Board. He stated that this project is a monster and it has no place in our community. Peter Thomas, a resident of Rye, addressed the Board. There are many rinks that are much larger than the proposed rink. He lives behind Playland, and that is noise. There is no noise issue with an ice rink. He coaches ice hockey and has an interest in this project. It is difficult for high schoolers and middle schoolers to find ice to practice on. There is a clear economic benefit. He felt that this will not be the traffic monster that everyone is making it out to be. Louis Convertee, a resident of New Rochelle, addressed the Board. He has been an assistant hockey coach for over ten years. Their rink was destroyed by Hurricane Sandy. This rink will give the children of Rye Brook, Westchester County and Connecticut a positive environment. This ice rink is an amenity. Mr. Parish stated that he was here as an expert, and consultant to several residents. Mayor Rosenberg asked if Playland was one of his clients. Mr. Parish responded that regardless of who his clients were, any statement made with respect to this project should be taken at face value. He is a Planner, and is very familiar with this project. He distributed a report, and began his discussion about community benefits. There is nothing negative about hockey rinks and they are an asset to the community, but they should be of a scale and type that will serve the community and the surrounding communities. There is no need for a rink in Rye Brook. This is not a rink — this is a major facility. He presented an aerial photograph of the ice rink in Massachusetts. It is surrounded by a industrial zoning, with an undeveloped area around it, and interstate 290. The rink in Pennsylvania is surrounded by industrial zoning and a lake, but no houses. The ice rink in Hackensack is adjacent to a river, a parking area, and an industrial area. These are appropriate locations for a rink of this type. Traffic is an issue. There is a major difference of the impact between an office building and a facility with 18 hours of traffic, seven days a week — in and out continually. There will be a delay factor for motorists, but more importantly is the impact of the quality of life of the residents. Will there be any other uses for the ice rinks during off peak times? Other facilities of this type use this space for go carts and the like during off season. Mr. Parish noted that four of the six Planning Board members in Decembers did not feel that this was an appropriate location for this type of facility. He stated that there are many `what if questions that need to be answered. He asked if Reckson can guarantee the things that they have offered. Restrictions can be written into the approval, but who will Board of Trustees Meeting April 23,2013 Page 6 of 15 be monitoring and enforcing the agreement. This building could become a white elephant because of its unique use. Ron Consuman of Bellefair addressed the Board. He noted that the quality of life of this area is in danger. The traffic will go up. The traffic not be looked at when the schools are closed. He felt that the traffic studies have missed an important point. If the traffic studies were really done when the schools were closed, then the studies should be thrown out. He felt that there will be liquor at this facility brought in by people. The quality of life of the people of this community will be destroyed. Most of the residents are against this ice rink so why approve it. Economically this facility will not do anything for the quality of life of the residents. Dorothy Roth of 60 Doral Greens addressed the Board. She respectfully suggested that the granting of a special use permit will set a precedent. The applicant requires a zoning change. It can open the door for other similar applications. Richard Ellengogen of Pelham addressed the Board. He pointed out that there is a lot of emotion involved. There are many rumors and misunderstandings. Even though the rinks are open 18 hours per day, a majority of that time there will be no one there. Everyone is talking about their rights. Residents don't want the rink but the rink that are talking about is not really what these rinks are like. There are many misconceptions. Reckson is a taxpayer. They are paying a '/4 of a million dollars for empty property. Peter Renger of Rye Brook addressed the Board. This Village was formed to control its own destiny. The majority of the residents of this Village do not want this rink. This is the wrong site for this project. Mayor Rosenberg called for Martin Kest and Elena Schamkorich, who had already left. He called for the next name on the list. Perry Grosser from West Harrison addressed the Board. He noted that he has coached Hockey for many years and was in favor of a facility such as this. All of the girls hockey teams in Westchester have been folding. There is no place for them to play. Many of the children from the area can't play because there is no ice time. He suggested that the Board check out the other ice rinks. Many are near residential areas. Laura Schachter of 19 Doral Greens. The only positive she has heard about this rink are the attorneys from Reckson and people that they brought in to speak in support. The increase to traffic will be horrific. She questioned the increase to taxes. Mr. Bradbury noted that the applicant pays taxes on the empty property, and the taxes would increase when construction has been completed. She felt that approving this application would be a travesty. Steven Ruskin of Doral Greens West addressed the Board. There was a detailed review of traffic and experts have spoken. There will be an impact to the Village by this facility. His prime concern was the quality of life. King Street is a beautiful country road and there is the possibility that it would need to be widened to accommodate the traffic and this would destroy the character of the area. Will Rye Brook cease to be the quiet Board of Trustees Meeting April 23,2013 Page 7 of 15 community that it is now? He noted that making a right turn on Anderson Hill Road is already a burden. Additional traffic causes additional burdens. Nick Lyras of Doral Greens addressed the Board. He noted that he is the President of Doral Greens Home Owners Association and the resident of 9 Doral Greens Drive West. If this facility is built, then the remaining 140,000 square feet will also be developed with another type of recreational facility. The residents have asked what the cost to the Village would be. He asked that this information should be provided. He asked that the Board be truly open minded. He noted that Reckson no longer owns this property. Now we are dealing with S.L. Green. The minuses out way the benefits. If the rink is not a success then it will become a major headache. Mayor Rosenberg noted that Diane Fox from Greenwich has submitted comments. This information will be posted on line for those that would like to read them. Herman Dean of Doral Greens addressed the Board. He noted that he has resided in Rye Brook since 1969. The only people who speak in favor of the rink are the sponsors and people from outside of Rye Brook. The residents are against this facility. A large ice rink will be constructed in the Bronx that can serve the area. He hoped that the wishes of the residents will not fall upon deaf ears. There are other things that Reckson can propose for this property since this is not the right property for this type of project. Tom Wentworth of Stamford, Connecticut. He spoke in support of the ice rink. Allan Williams of 1400 King Street, Greenwich, addressed the Boar as he representative for the Northwest Greenwich Homeowner's Association. He noted that there is a safety issue in connection with the traffic on King Street. The traffic has gotten worse over the years. Greenwich has atrocious response times from fire trucks because of the distance from the Glenville Fire House. 200 more cars or 400 more cars will increase the response time. He asked that the traffic studies include what these additional cars will look like. Maryanne Simon had also left prior to being called upon to speak. Dave Smith of Yonkers, New York, addressed the Board. He noted that as a Planner he has worked on a number of projects thru NYS. This evening he was not representing any particular party. He noted that there is no demand for office space at this time. Some communities are looking at how to reposition vacant office buildings. They are looking at different options for re-using these properties. There must be a weigh and balance of the pluses and minuses. This is not a popularity vote. He noted that he coached the Westchester Mariners. Children love hockey and this facility is being constructed for the children. Dr. Erin Magan of Bellefair addressed the Board. She noted that she is a figure skater. She grew up in rinks and the way that the rink is being described is not a true image. She felt that there is no quality of life impact. This rink is for children. There is discipline, training, teamwork in skating which creates positive attributes for the children. This is a positive outlet for the children. A resident of the Village Rye Brook she noted that she Board of Trustees Meeting April 23,2013 Page 8 of 15 was in support of this application. Many children from Bellefair skate. There are a lot of positives. This will be a huge benefit to Village of Rye Brook. Klaus Whitman had also left by the time his name was called. Richard Hubert of Doral Greens Drive West addressed the Board. Mayor Blumberg announced the use of the armory in the Bronx as a mega-ice rink. This project was fashioned to a community that wanted it. The ice rink in the Bronx will change the landscape of demand for rinks and will change the economics of the proposed Reckson rink. Shari Sims of Treetop Crescent addressed the Board. It would be great to have a hockey facility in the area, but not this facility. There are major traffic and public safety concerns. There was no mention of the Ridge Street King Street intersection which is already burdened. Henry Morgenbesser of 107 King Street in Greenwich addressed the Board. There is a struggle to get out of their driveway and now the Village of Rye Brook is thinking of increasing traffic at all hours. The traffic is far worse today then it was twenty-years ago. When the Rye Brook Carnival took place the traffic was terrible, and that was only one day. He asked that the Village think long and hard about entertaining this application. Edward Pupo of Doral Greens addressed the Board. There are many different arguments. The Village Board must single out the important issues. The interest of the community must be taken into consideration. He questioned whether or not there was a cost benefit. The residents do not see any positive impacts. He implored that the Board give real thought to their decision. The applicant has a right to submit the application, but the Board has a responsibility to its constituents. Mayor Rosenberg asked what day of the week and what time the tournaments would run? Attorney Null stated that they would begin Friday nights and run through Sunday afternoon. The data has been presented by experts in the field and has been vetted by experts in the field. The Village Board has the decision to make, with the guidance of the Village's Counsel. There is a lot of fear and a lot of presumptions being made. The idea that there will be an inability to go up and down King Street is incorrect. None of the data supports this. The analysis for noise impact has been submitted. There will be security at the facility. This is a youth focused facility but the concept is that there will be older people hanging out and drinking in the parking lot. The applicant is looking to work with the Village. There will be food on the site. There is a snack bar area but no liquor served or allowed at the facility. Food will be available, but will not be prepared there. The applicant has discussed a shuttle service between the facility and local hotels. There are ways to fine tune this application. There will be lighting, but not enough to distract planes. The applicant is trying to minimize impacts to the site. The facility will sit low on the site which mitigates visual impacts. Attorney Davis addressed the Board. He noted that he submitted a FOI request on April 100'. He received a response on April 11t1i. He is still waiting for the traffic study which came in after his request. Bradbury noted that he tries to respond to these requests as Board of Trustees Meeting April 23,2013 Page 9 of 15 soon as possible. Attorney Gray noted that the Village has been very prompt in replying to the FOI requests. When items go onto the website in advance of the meeting, and they are available for review at Village Hall. Marilyn Timpone Mohamed, Village Consultant from the firm of Frederick P. Clark addressed the Board One of the things that would be helpful would be for the applicant to submit an EAF. Questions that have been posed should be in that document. The original EAF has been expanded. Another issue is that the applicant would need to respond to Westchester County's comments that have been received. There are issues such as bus stops and storage, that need to be responded to. There are questions from Greenwich and from the Doral Green's Homeowners Association, and the Village's comments that need to be responded to. An amended application should include the new emergency access. The applicant described studies -- air quality, steep slopes, vegetation preservation, drainage, storm water management, the landscape plan, and lighting — and all of this information should be put into one document. The consensus of the Board was to adjourned public hearing to the May 281h meeting of the Village Board. Mayor Rosenberg requested that all information be submitted by May 10th. That will give the Village's consultants time to review the documents. Once the documents are received—then they are available to the public. On a motion made by Trustee David Heiser, and seconded by Trustee Jeffrey Rednick, the public hearing was adjourned. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mayor Rosenberg called for the next item on the agenda: RESOLUTIONS: 1) Considering adoption of Rye Brook 2013-2014 Annual Budget Mr. Bradbury read the following resolution: Board of Trustees Meeting April 23,2013 Page 10 of 15 WHEREAS, the Village Administrator filed the Tentative Budget on March 20, 2013; and WHEREAS, the Board of Trustees held two budget work sessions on April 1 and April 3, 2013; and WHEREAS, the Board of Trustees held a public hearing on April 9, 2013 pursuant to the notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, on January 25, 2005 the Board of Trustees adopted a local law allowing for homestead base proportions, and on February 26, 2013 the Board of Trustees adopted a resolution establishing base proportions of 75.056877% for homestead properties and 24.943123% for non-homestead properties for the purposes of the 2013-14 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,415,224,674 and based upon the amendments made by the Village Board and discussed at the budget work sessions and public hearing, would result in a homestead tax rate of$5.07 and a non-homestead tax rate of$7.89 per $1,000 of assessed valuation ($5.57 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $13,442,341 tax levy based upon the most updated Assessment Roll provided by the Assessor. NOW, THEREFORE BE IT RESOLVED,that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted: 2013-14 2013-14 Tentative Adopted Fund/Account Budget Budget Expenditures: 1740.478 Recreation Department Special Events $35,000 $36,550 1670.495 Central Print/Mail $13,000 $17,000 Revenues: Highway Aid $59,000 $70,000 Alarm Permit Renewals/Fines $87,000 $87,940 Mortgage Tax $220,000 $221,000 Fees: Min.fee for Building Permits(Residential) n/a $25 Min.Fee for Building Permits(Commercial) n/a $100 Fuel-fired or electric heating equipment(Commercial) $250 $350 Permanent standby backup generator(Commercial) $250+ $350+ bldg permit bldg permit Board of Trustees Meeting April 23,2013 Page 11 of 15 Capital Projects Fund Balance:Add extend water main on upper n/a $155,000 Lincoln Fund Balance: Remove single operator leaf loader $155,000 $0 BAN:Add single operator leaf loader $0 $155,000 AND BE IT FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2013; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges identified in the budget be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby authorize the tax levy for the sum of $13,442,341 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of $2,415,224,674 for the Village of Rye Brook and applying the approved homestead base proportions to determine the tax rates, would result in a homestead tax rate of$5.07 and a non-homestead tax rate of$7.89 per thousand of assessed valuation. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted. Mayor Rosenberg thank Mr. Bradbury for his hard work on the budget. There were work sessions held and a lot of work went into the budget. Mr. Bradbury noted that putting together the budget is a team effort. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye The next item on the agenda was called before the Board: Board of Trustees Meeting April 23,2013 Page 12 of 15 2) Considering referring an amended site plan application by Rye King Associates, LLC for property located at 900 King Street to the Planning Board and Zoning Board of Appeals Mr. Bradbury read the following resolution: WHEREAS, the Board of Trustees is in receipt of an application by Rye King Associates, LLC for approval of an amended site plan to replace existing freestanding signs, install a third sign on the existing building at the east bulkhead wall, replace parking lot lighting and install three flagpoles on the northwest lawn, for property located at 900 King Street, designated as Parcel ID 129.68-1-13 on the Town of Rye Tax Map and located in the Planned Unit Development Zoning District and the Scenic Roads Overlay District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for a proposed site plan amendment to the Planning Board for report and recommendation; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the application for the proposed site plan to the Zoning Board of Appeals for consideration of any necessary variances to be determined by the Building Inspector; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the proposed site plan amendment be referred to Westchester County Department of Planning for notification, no less than 30 days prior to the public hearing concerning the proposed site plan amendment, and pursuant to General Municipal Law §239-nn, the proposed site plan amendment be referred to the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the proposed site plan amendment. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Board of Trustees Meeting April 23,2013 Page 13 of 15 Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mr. Bradbury noted that the application is to a PUD and so it must go to the Planning Board and the Zoning Board of Appeals. The signage will need to be reviewed. The Building Inspector has identified at least one variance at this time. There are certain things that need to go before the Zoning Board of Appeals, but this is not a major change to the site. 3) Considering an appointment to the Traffic Commission With the consensus of the Board, this matter was adjourned to next Board of Trustees meeting. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that Patrick McNeil, Sr., who worked for Rye Brook and Rye Town for 39 years, has passed away. Mr. Bradbury noted that Arbor Day is this Friday. A tree will be planted in Harkness Park at 9:00 a.m. The Carnival was successful and Mr. Bradbury thanked everyone involved with the Carnival for making it a success. The Ridge Street Bridge Closure — over 287 — starts on June 5 runs through August 16. Work will be starting as early as May 6th. There will be detours set up. This is a state project on a county road. The Village is considering direct mailing to the residents to make sure everyone is aware of this upcoming construction. Mayor Rosenberg noted that the dates were received last week. The Village was alerted to this project in February. As soon as the information comes in, notification goes out. DISCUSSION ITEMS: 1) Potential legislation regarding Planning Board referrals Mayor Rosenberg noted that he placed this item on the agenda, and due to the late hour he suggested that it be adjourned to May 14th meeting Board of Trustees Meeting April 23,2013 Page 14 of 15 Mayor Rosenberg noted that the next special and regular Trustees Meetings were scheduled for May 14 and May 28, 2013. There being no further business before the Board, or no members of the public wishing to address the Board, Mayor Rosenberg called for a motion and second to adjourn the meeting. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the meeting was adjourned at 11:50 p.m. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting April 23,2013 Page 15 of 15