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HomeMy WebLinkAbout2013-09-10 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 10, 2013 AGENDA 7:00 P.M. —EXECUTIVE SESSION: Non-Union Compensation 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1. Public hearing to consider amendments to Chapters 8 & 250 of the Village Code regarding generators 2. Public hearing to consider amendments to Chapters 8, 209 & 250 of the Village Code regarding the scenic roads overlay district RESOLUTIONS: 1) Considering proposed amendments to Chapters 8 & 250 of the Village Code regarding generators 2) Considering proposed amendments to Chapters 8, 209 & 250 of the village code regarding the scenic roads overlay district 3) Considering referring proposed amendments to Chapters 179, 209 & 250 of the Village Code regarding shopping centers to the Planning Board for report and recommendation 4) Considering referring proposed amendments to Chapter 209 of the Village Code regarding single family site plan review to the Planning Board for Report and Recommendation 5) Considering a stipulation of agreement with Teamsters regarding an Assistant Foreman Board of Trustees Meeting September 10,2013 Page 1 of 13 6) Consider approving the re-appointment of the Village of Port Chester's Community Representative to the Emergency Medical Services Committee 7) Considering the approval of minutes: June 11, 2013; June 25, 2013; July 9, 2013; July 23, 2013; August 19, 2013 ADMINISTRATOR'S REPORT OLD BUSINESS: 1) Rebuild Pine Ridge Park Tennis Wall NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Thursday, September 26, 2013 BOARD: Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey Rednick Mayor Paul S. Rosenberg Excused: Trustee Susan R. Epstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the September 10, 2013 Regular Meeting of the Board of Trustees. He noted that Trustee Susan Epstein was excused as a result of a death in her family. He called for a moment of silence in remembrance of Trustee Epstein's mother. Prior to turning to the agenda, Mayor Rosenberg introduced the Village's newest police officer, Elliott Asare. Chief Austin noted that Officer Asare is currently Board of Trustees Meeting September 10,2013 Page 2 of 13 attending the police academy. Mayor Rosenberg commended Officer Asare on his appointment, and presented him with his shield. Mayor Rosenberg noted that the Board held an Executive Session prior to the meeting regarding non-union compensation. He turned to the agenda, and called for the first matter. PUBLIC HEARINGS: 1) Public hearing to consider amendments to Chapters 8 & 250 of the Village Code regarding generators On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the public hearing was declared open. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mr. Christopher Bradbury, Village Administrator, gave a presentation on the local law and the goal of the amendments. Staff and consultants have reviewed the regulations, and researched ways to make the application process easier for residents. The Planning Board reviewed the legislation, and made referral back to the Board of Trustees. It was noted that the draft legislation deals with permanent generators, and not the temporary or portable generators. Mayor Rosenberg noted that the goal is to make the process a little easier, quicker, and less costly. Setback requirements have been removed, and guidance of where the generators should be located, as well as co-location with other similar equipment (i.e.: air conditioning units) have been added. Also addressed are proposed installations within a P.U.D. Mayor Rosenberg called for questions or comments from the Board and/or residents. Trustee Klein felt that the changes did not allow sufficient time for neighboring residents to address this type of installation. Mr. Bradbury noted that screening has been addressed, and the generators must be located closer to the applicant's home versus the neighboring homes. In addition, research has been done on the noise level. Trustee Heiser noted that he was the liaison to the Architectural Review Board for one year and there were very few complaints about this type of installation. Board of Trustees Meeting September 10,2013 Page 3 of 13 On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the public hearing was declared closed. Mr. Burke, Assistant Village Administrator, called the roll: 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 resolution on this matter. RESOLUTIONS: 1) Considering proposed amendments to Chapters 8 & 250 of the Village Code regarding generators Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning the regulation of permanent standby backup generators; and WHEREAS, a proposed local law was introduced to amend Chapters 8 and 250 of the Code of the Village of Rye Brook in this regard; and WHEREAS, on August 23, 2013 the local law was referred to the Westchester County Planning Board pursuant to New York State General Municipal Law §239-m and Westchester County Administrative Code §277.61; and WHEREAS, on August 26, 2013 the local law was referred to the Town of Greenwich, Town/Village of Harrison, Village of Port Chester, City of Rye, Town of Rye, Blind Brook Union Free School District, Port Chester-Rye Union Free School District and Harrison Central School District pursuant to New York State General Municipal Law §239-nn and Westchester County Administrative Code §277.71; and WHEREAS, on September 10, 2013, the Board of Trustees opened a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law, and the Board of Trustees closed the public hearing on September 10, 2013. Board of Trustees Meeting September 10,2013 Page 4 of 13 NOW, THEREFORE, BE IT RESOLVED, that upon review of the information stated in the Environmental Assessment Form and all other information in the record, the Board of Trustees hereby determines that adoption of the subject local law will not result in any significant adverse environmental impacts and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the subject local law amending Chapters 8 and 250 of the Village Code regarding permanent standby backup generators. Mayor Rosenberg noted that the changes to this legislation also deals with installations of generators in P.U.D.s. There being no further comments or questions, Mayor Rosenberg called for a motion to adopt the resolution. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: 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 second public hearing on the agenda: 2) Public hearing to consider amendments to Chapters 8, 209 & 250 of the Village Code regarding the scenic roads overlay district On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was declared open. The roll was called: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting September 10,2013 Page 5 of 13 Mayor Rosenberg noted that this Board has been reviewing these Chapters of the Village's Code for some time now. These amendments will give relief to residents. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that if construction is proposed and there are no major impacts, or work is done in the rear yard and not visible from the street, the Scenic Roads Overlay District would no longer make the property non- conforming. The local laws must be sent to the County for review and approval. In this case, the County commended the Village for making the process easier. This is a benefit for the residents. Mayor Rosenberg noted that decks and fences will no longer need to go to the Zoning Board of Appeals or site plan review. The properties will no longer considered non-conforming. He thanked staff and consultants for their work on the changes to the Village's Code. These changes will save time and a considerable amount of money. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was declared closed. The roll was called: 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 resolution on public hearing #2: RESOLUTIONS 2) Considering proposed amendments to Chapters 8, 209 & 250 of the village code regarding the scenic roads overlay district Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning the Scenic Roads Overlay District; and WHEREAS, a proposed local law was introduced to amend Chapters 8, 209 and 250 of the Code of the Village of Rye Brook in this regard; and Board of Trustees Meeting September 10,2013 Page 6 of 13 WHEREAS, on August 22, 2013 the local law was referred to the Westchester County Planning Board pursuant to New York State General Municipal Law §239-m and Westchester County Administrative Code §277.61; and WHEREAS, on August 26, 2013 the local law was referred to the Town of Greenwich, Town/Village of Harrison, Village of Port Chester, City of Rye, Town of Rye, Blind Brook Union Free School District, Port Chester-Rye Union Free School District and Harrison Central School District pursuant to New York State General Municipal Law §239-nn and Westchester County Administrative Code §277.71; and WHEREAS, on September 10, 2013, the Board of Trustees opened a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law, and the Board of Trustees closed the public hearing on September 10, 2013. NOW, THEREFORE, BE IT RESOLVED, that upon review of the information stated in the Environmental Assessment Form and all other information in the record, the Board of Trustees hereby determines that adoption of the subject local law will not result in any significant adverse environmental impacts and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the subject local law amending Chapters 8, 209 and 250 of the Village Code regarding the Scenic Roads Overlay District. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 3) Considering referring proposed amendments to Chapters 179, 209 & 250 of the Village Code regarding shopping centers to the Planning Board for report and recommendation Mayor Rosenberg noted that a request was received from the management of Win Ridge to adjourn this matter. They have been very Board of Trustees Meeting September 10,2013 Page 7 of 13 busy as a result of last month's fire. This matter will be placed on an agenda for the Board of Trustees in the near future. 4) Considering referring proposed amendments to Chapter 209 of the Village Code regarding single family site plan review to the Planning Board for Report and Recommendation Mayor Rosenberg noted that this matter continues review of the Village's Code. Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code regarding single family site plan review; and WHEREAS, a proposed local law was introduced to amend Chapter 209 of the Code of the Village of Rye Brook in this regard; 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. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Planning Board for report and recommendation. Marilyn Timpone Mohamed, Village Consultant, noted that these changes make a tremendous difference for home owners. If the expansion is over 50% and you do not require any variances and the site plan rules conform, then the application would not need to have a site plan review. Mr. Bradbury noted that other areas of the Code have been beefed up to provide review and protection. Not having to go through site plan review is a cost savings. Ms. Timpone Mohamed noted that land disturbance was a trigger for site plan review, and now the trigger has been relaxed a bit to match the trigger for storm water management. This makes the Code more consistent. Mr. Bradbury noted that other items discussed at the work session was re- grading and site work were addressed. The Board could consider if the addition would have required site plan review, but no longer needs site plan Board of Trustees Meeting September 10,2013 Page 8 of 13 review but should be reviewed by the Architectural Review Board. This means that a sign would be posted so that residents would be notified of the pending application and allowed the time to express their opinion. Trustee Klein noted that there are storm water issues within the Village. Ms. Timpone Mohamed noted that if an applicant is adding more than 400 square feet of impervious surface then they are required to have a storm water management plan. These changes are beneficial for everyone. This will be handled by the Building Department. Mayor Rosenberg noted that the Board would like to add the notification requirement. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted, as amended. The roll was called: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 5) Considering a stipulation of agreement with Teamsters regarding an Assistant Foreman Mr. Bradbury read the following resolution: WHEREAS,the Village of Rye Brook desires to enter into a Stipulation of Agreement with the Teamsters Local 456, LB.T to create the assignment of Assistant Foreman; and NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook is hereby authorized to enter into the Stipulation of Agreement with the Teamsters Local 456, I.B.T; and be it FURTHER RESOLVED, the Mayor and Administrator are hereby authorized to sign and deliver the Stipulation of Agreement. Mr. Bradbury noted that Frank Errigo has retired; who was thanked for his many years of Service to the Village. Now a reorganization is taking place. Board of Trustees Meeting September 10,2013 Page 9 of 13 The supervisory function will be moved and the result is a significant net savings for the Village. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 6) Consider approving the re-appointment of the Village of Port Chester's Community Representative to the Emergency Medical Services Committee Mr. Bradbury read the following resolution: WHEREAS, the inter-municipal agreement, between the Village Rye Brook, City of Rye and Village of Port Chester, for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, the Village of Port Chester has approved the nomination of David Byrnes to the Committee as their Community Representative. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby approves the re-appointment of David Byrnes as the Community Representative to the Emergency Medical Services Committee (EMSC) for the Village of Port Chester. Mr. Bradbury noted that this group meets at least quarterly. Response times, calls, etc. are reviewed. There are two representatives from Rye Brook on this Committee. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David Heiser Voting Aye Board of Trustees Meeting September 10,2013 Page 10 of 13 Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 7) Considering the approval of minutes: June 11, 2013; June 25, 2013; July 9, 2013; July 23, 2013; August 19, 2013 Mayor Rosenberg noted that he has read all of the summaries, and has submitted changes. The consensus of the Board was to approve the minutes subject to minor amendments. The roll was called: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Edward Beane, Esq., Village Counsel, clarified his statements regarding placement of generators in conservation easement so that there would be no confusion. ADMINISTRATOR'S REPORT Mr. Bradbury noted that the survey discussed at the last Board of Trustees meeting is ongoing. It can be accessed through the Village's website. These comments will help the Comprehensive Committee to make improvements. There are a wide variety of comments in the survey. The Ridge Street Bridge has been opened. All work has now been completed. The road resurfacing in the Village has also been completed. The curbing is being done at this time. Mr. Nowak worked with the contractor to move this project along smoothly. The Village is working with the Rye Ridge Shopping Center to get the building back on line as a result of the electrical fire. Many of the stores will begin to open in the next few days. They are trying to create safe passage in the lower level. The larger fix is the electrical work which will take several months. The Building Inspector and Assistant Building Inspector have been spending many hours working with the Shopping Center. Things have been rescheduled and it is the Board of Trustees Meeting September 10,2013 Page 11 of 13 Village's hope that residents will understand the delays. In addition, the Village is scanning their files, and the Building Department has been trying to stay ahead of the work as best they can. Mr. Bradbury noted that this Saturday, September 14, there is a child safety car seat check between 10:00 a.m. and 2:00 p.m. No appointments are necessary. The car seats will be checked for recalls and to ensure that the seats are not outdated. A resident can call the Police Department anytime to have an office help install car seats and they do not have to wait for Saturday's event. A program where residents can come in and drop off expired or unused prescription drugs is also ongoing. The Village is offering this program for free. Mayor Rosenberg noted that the Village is working to purchase the Highway Garage on West William Street. He announced that the contract has been signed by the Mayor and Supervisor Carvin. He thanked everyone for their hard work on this project. The Village has been working with the Town on this matter for quite some time. This is a `win/win' situation. OLD BUSINESS: 1) Rebuild Pine Ridge Park Tennis Wall Mayor Rosenberg noted that at a public hearing the tennis wall at Pine Ridge Park was discussed. This matter has been on the capital plan for some time. The Board felt that the prices received as an estimate were too high. But the wall now has some safety issues. Initial quotes for repairs were high but now the wall has been structurally compromised and additional quotes have been obtained. Residents feel that the wall should remain, however, the second quote was for $36,500.00; not much less than the initial quotes. This is a lot of money. Mr. Bradbury noted that the Parks and Recreation Advisory Council discussed keeping the wall or taking it down. For safety reasons it should be removed. Trustee Rednick felt that the matter should be tabled to a future meeting and publicize to give residents the opportunity to weigh in on the matter. He wanted to hear what people would say about this. Trustee Heiser agreed with Trustee Rednick. Mr. Bradbury noted that the Village will reach out to residents and get the word out there. The matter can be placed on the Board's agenda in October. Board of Trustees Meeting September 10,2013 Page 12 of 13 Mayor Rosenberg noted that the Reckson matter is on the agenda for November, if they meet the deadlines. Mayor Rosenberg called for members of the public wishing to address the Board. Mr. Milt Meiskin addressed the Board. He noted that the Village of Rye Brook was created for recognition. This is a community Village. The first year's budget was under $100.00. In a span of two to three years the Village of Rye Brook Police, Highway, and Recreation Departments were created. He noted that he was there to finish the creation of Rye Brook. The residents of Rye Brook should be able to elect their own judges and proceed with their own judicial needs. This room would be perfect for a court. Recently there was a municipal service violated and the matter was judged by a jury — and five of the members of the jury were from Port Chester. He asked that the Village consider two non-paid or small stipend part-time Judges. Mr. Mario Nardi, another original member of the Board of Trustees of Rye Brook, during a recent conversation with Mr. Meiskin agreed that it was time for Rye Brook to have its own court. On an aside, he noted that the Town Assessor was assessing Rye Brook, Port Chester and Rye Neck. Assessed value is critical and it must be fair and equitable, but Rye Brook does not have a say. Mr. Markowitz, who was the Assessor, was not given a renewed contract. Town government should not exist. Each Village should be participator in choosing an assessor and collector. These would be part time positions. The people on the Town Council and the Judges are voted on basically by Port Chester residents. Also addressed was the purchase of the Village Garage and the sale of the Town of Rye Building. Mayor Rosenberg noted that Mr. Meiskin has given the Board a lot to think about. THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: Thursday, September 26, 2013. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the meeting was adjourned at 8:46 p.m. and the Board went into Executive Session on non-union compensation. Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting September 10,2013 Page 13 of 13