HomeMy WebLinkAbout2012-08-22 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
WEDNESDAY,AUGUST 22, 2012
7:00 P.M.—Executive Session–Non-Union Compensation
7:30 P.M.–REGULAR MEETING
PLEDGE OF ALLEGIANCE:
AFFORDABLE HOUSING:
1) Public Hearing and resolution to consider approval of a site plan
application and rezoning petition for 525 Ellendale Avenue
REPORT:
PUBLIC HEARINGS:
1) Public hearing to consider an application for approval of an amended PUD
Sub-division and site plan application by the Arbors Homeowners
Association
RESOLUTIONS:
1) Considering a village contribution to the Columbus Day Celebration
Committee and use of Hawthorne Avenue for the Annual Parade
2) Considering an application for the removal of a Significant Tree at 209
Country Ridge Drive
3) Setting a public hearing for applications for Special Permit and Site Plan
approval for property located at 558 Westchester Avenue
4) Considering approving the use of Village streets for the Friends of
Crawford Park 5K race
5) Considering appointments to various Boards, Committees and
Commissions
6) Considering entering into a Use & Dissemination Agreement with the
NYS Division of Criminal Justice Services
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7) Considering rejecting Contract 12-04 "Various Recreational Sport Shirts"
8) Setting a public hearing to consider a proposed local law amending the
Peddling and Soliciting section of the Village Code to create a `no knock
registry'
9) Considering a re-appointment to the Town of Rye Board of Assessment
Review
10) Considering approving 2011-2012 year-end budget modifications
l l) Considering compensation for non-union personnel
12) Considering the approval of minutes: July 10, 2012
ADMINISTRATOR'S REPORT:
OLD BUSINESS:
NEW BUSINESS:
1) Considering authorizing the County of Westchester Board of Elections to
conduct Village elections
2) Consider a waiver of a site plan application in connection with a special
permit application by the owners of 561 Westchester Ave.
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
September 11 & 24, 2012
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BOARD: Trustee David M. Heiser
Trustee Toby S. Marrow
Trustee Jeffrey B. Rednick
Mayor Joan L. Feinstein
Excused: Deputy Mayor Paul S. Rosenberg
STAFF: Christopher J. Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Gregory Austin, Chief of Police
Edward Beane, Esq., Village Counsel
Michal Nowak, Village Engineer
Fred Seifert, Public Access Coordinator
Shari Melillo, Meeting Secretary
Mayor Joan Feinstein welcomed everyone to the August 22, 2012 regular Board of
Trustees Meeting. Mayor Feinstein spoke of the loss of Ken Berman, a Rye Brook
resident who passed away suddenly this week. Mr. Bennan was well known
throughout the community— leading soup kitchens in Rye Brook and Port Chester
—he was a wonderful man and will be sorely missed. Mayor Feinstein offered
condolences on behalf of the Village and asked for a moment of silence.
AFFORDABLE HOUSING:
1) Public Hearing and resolution to consider approval of a site plan
application and rezoning petition for 525 Ellendale Avenue
Mr. Clark Nuringer addressed the Board and spoke of two outstanding issues. The first
being the soil sampling and he explained that at the beginning of August 3 samples were
taken and submitted to the test labs and for each of the three soil samples they were tested
for everything. The results came back and there were no issues associated with the
samples from the site. The second item was some additions and modifications to the
construction management plan and after dialogue with Mr. Nowak it is now understood
what is needed and he believes that concludes the open items.
There being not further questions or comments, on a motion made by Trustee Marrow
and seconded by Trustee Rednick, the Public Hearing was closed and Mr. Burke called
the roll:
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TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mr. Bradbury, Village Administrator, read the first resolution in summary:
CONSIDERING PETITION TO REZONE PROPERTY LOCATED AT 525
ELLENDALE AVENUE TO THE FAH ZONING DISTRICT
WHEREAS, the Board of Trustees is in receipt of an application by Pawling
Holdings, LLC ("Applicant") for approval of a rezoning petition and site plan application
for property located at 525 Ellendale Avenue, designated on the Town of Rye Tax Map as
Section 141.27,Block 1,Lot 49 and located in the R-2F Zoning District; and
WHEREAS, the Board of Trustees reviewed the following plans and application
materials:
1. Building Permit Checklist and Zoning Analysis
2. Exterior Building Permit Application
3. Full Environmental Assessment Form
4. A traffic evaluation entitled"Traffic Report" dated December 6, 2011,prepared
by Ralph Mastromonaco, P.E., Croton-on-Hudson, N.Y.
5. Petition of Pawling Holdings, LLC to Rezone Town of Rye Tax Lot Section
141.27; Block 1; Lot 49 from Zoning District R2-F to Fair and Affordable
Housing District(FAH) dated April 12, 2012
6. Letter to the Planning Board dated May 30, 2012 from Ralph Mastromonaco,
P.E., Croton-on-Hudson,N.Y.
7. Letter to the Planning Board dated February 7, 2012 from Ralph Mastromonaco,
P.E., Croton-on-Hudson,N.Y.
8. Letter to the Planning Board dated January 19, 2012 from Ralph Mastromonaco,
P.E., Croton-on-Hudson, N.Y.
9. Letter to the Planning Board dated September 29, 2011 from Ralph
Mastromonaco,P.E., Croton-on-Hudson,N.Y.
10. Letter to the Planning Board dated September 22, 2011 from Ralph
Mastromonaco, P.E., Croton-on-Hudson,N.Y.
11. Letter to the Planning Board dated July 25, 2011 from Ralph Mastromonaco, P.E.,
Croton-on-Hudson,N.Y.
12. Letter to Michael Izzo, Building Inspector dated June 22, 2011 from Ralph
Mastromonaco, P.E., Croton-on-Hudson,N.Y.
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13. Letter to the Board of Trustees dated June 14, 2011 from Lou Larizza, Port
Chester,N.Y.
14. Memorandum to the Trustees dated April 24, 2012 from Michael Izzo, Building
Inspector regarding his zoning analysis of a site plan revised 1/19/12
15. Survey of Property dated January 17, 2006 prepared by George J. Mottarella, Port
Chester,N.Y.
16. Engineer's Plans, prepared by Ralph G. Mastromonaco, P.E., Croton-on-Hudson,
N.Y.:
Sheet Number Sheet Title Dated
1 of 5 Site Plan 10/19/10rev. 6/1/12
2 of 5 Utility Plan 4/12/11 rev. 6/1/12
3 of 5 Details 3/4/11 rev. 6/1/12
4 of 5 Proposed Building 6/21/11
5 of 5 Height/Setback Worksheet 6/21/11
1 of 1 Sketch Plan ofRevised Site Plan 9/14/11
WHEREAS, on June 14, 2011 the Board of Trustees, pursuant to the State
Environmental Quality Review Act (SEQRA) determined the proposed action to be an
Unlisted Action pursuant to SEQRA and to proceed with an uncoordinated review; and
WHEREAS, on June 14, 2011 the Board of Trustees referred the site plan
application and rezoning petition to the Planning Board for Report and Recommendation;
and
WHEREAS, at the time of the June 14, 2011 referral the rezoning petition
requested the property= be rezoned from the R-2F Zoning District to the C-1 Zoning
District; and
WHEREAS, following the Board of Trustees' adoption of the Fair and Affordable
Housing ("FAH") Zoning District the Applicant amended the rezoning petition to request
the property be rezoned to the FAH Zoning District; and
WHEREAS, on April 24, 2012 the amended rezoning petition seeking an FAH
zoning designation was referred by the Board of Trustees to the Planning Board for Report
and Recommendation; and
WHEREAS, the Planning Board submitted a Report and Recommendation to the
Board of Trustees on June 14, 2012; and
WHEREAS, the application was referred to the Westchester County Department of
Planning on or about July 5, 2012 and Westchester County issued comments on July 13,
2012; and
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WHEREAS, the application was referred to the Village of Port Chester on or about
July 5, 2012; and
WHEREAS, on July 24, 2012, the Board of Trustees opened a public hearing on
the subject rezoning petition, at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to said application, and the Board of
Trustees closed the public hearing on August 22, 2012; and
WHEREAS, as set forth in Village Code §250-26.1(B), the purpose of the FAH
District is to "provide flexible land use regulations, a streamlined permitting process and
incentives to encourage the development of fair and affordable housing within the Village
that will remain fair and affordable for at least 50 years as required pursuant to the
Stipulation" and to "encourage a balanced demographic;" and
WHEREAS, rezoning the property to the FAH District will benefit the Village by
achieving the aforementioned objectives through the construction of affordable housing
in a transitional area between the C-1 Neighborhood Retail Zoning District and the R-2F
Two Family Residential Zoning District; and
WHEREAS, the Village Planning Consultant, Village Engineering Consultant,
Village staff, Planning Board and the Board of Trustees reviewed the information and
submitted comments regarding the application.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
determines that the Project will not result in any significant adverse environmental
impacts based upon the information stated in the EAF and supplemental information, and
hereby adopts the annexed Negative Declaration; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the
annexed local law amending the Zoning Map of the Village of Rile Brook to change the
zoning designation of property located at 525 Ellendale Avenue and designated on the Town
of Rye Tax Nlap as Section 141.27, Block 1, Lot 49, from the R-217 Zoning District to the
FAH Zoning District.
Mayor Feinstein explained that this is the first application that we are rezoning under the
new legislation and for all the reasons mentioned previously. This application is
Affordable Housing and is a benefit to Rye Brook in a transitional area and a benefit to
the community.
On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
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Mr. Bradbury read the second resolution in summary:
On a motion made by Trustee Heiser and seconded by Trustee Rednick, the following
resolution was adopted.
CONSIDERING A SITE PLAN APPLICATION
FOR AFFORDABLE HOUSING
LOCATED AT 525 ELLENDALE AVENUE
WHEREAS, the Board of Trustees is in receipt of an application by Pawling
Holdings, LLC ("Applicant") for approval of a rezoning petition and site plan application
for property located at 525 Ellendale Avenue, designated on the Town of Rye Tax Map as
Section 141.27,Block 1, Lot 49 and located in the R-2F Zoning District; and
WHEREAS, the Board of Trustees reviewed the following plans and application
materials:
17. Building Permit Checklist and Zoning Analysis
18. Exterior Building Permit Application
19. Full Environmental Assessment Form
20. A traffic evaluation entitled"Traffic Report" dated December 6, 2011, prepared
by Ralph Mastromonaco, P.E., Croton-on-Hudson, N.Y.
21. Petition of Pawling Holdings, LLC to Rezone Town of Rye Tax Lot Section
141.27; Block 1; Lot 49 from Zoning District R2-F to Fair and Affordable
Housing District(FAH) dated April 12, 2012
22. Letter to the Planning Board dated May 30, 2012 from Ralph Mastromonaco,
P.E., Croton-on-Hudson,N.Y.
23. Letter to the Planning Board dated February 7, 2012 from Ralph Mastromonaco,
P.E., Croton-on-Hudson,N.Y.
24. Letter to the Planning Board dated January 19, 2012 from Ralph Mastromonaco,
P.E., Croton-on-Hudson, N.Y.
25. Letter to the Planning Board dated September 29, 2011 from Ralph
Mastromonaco, P.E., Croton-on-Hudson,N.Y.
26. Letter to the Planning Board dated September 22, 2011 from Ralph
Mastromonaco, P.E., Croton-on-Hudson,N.Y.
27. Letter to the Planning Board dated July 25, 2011 from Ralph Mastromonaco, P.E.,
Croton-on-Hudson,N.Y.
28. Letter to Michael Izzo, Building Inspector dated June 22, 2011 from Ralph
Mastromonaco, P.E., Croton-on-Hudson,N.Y.
29. Letter to the Board of Trustees dated June 14, 2011 from Lou Larizza, Port
Chester,N.Y.
30. Memorandum to the Trustees dated April 24, 2012 from Michael Izzo, Building
Inspector regarding his zoning analysis of a site plan revised 1/19/12
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31. Survey of Property dated January 17, 2006 prepared by George J. Mottarella, Port
Chester,N.Y.
32. Engineer's Plans, prepared by Ralph G. Mastromonaco, P.E., Croton-on-Hudson,
N.Y.:
Sheet Number Sheet Title Dated
1 of 5 Site Plan 10/19/10rev. 6/1/12
2 of 5 Utility Plan 4/12/11 rev. 6/1/12
3 of 5 Details 3/4/11 rev. 6/1/12
4 of 5 Proposed Building 6/21/11
5 of 5 Height/Setback Worksheet 6/21/1 1
1 of 1 Sketch Plan of Revised Site Plan 9/14/11
WHEREAS, on June 14, 2011 the Board of Trustees, pursuant to the State
Environmental Quality Review Act (SEQRA) determined the proposed action to be an
Unlisted Action pursuant to SEQRA and to proceed with an uncoordinated review; and
WHEREAS, on June 14, 2011 the Board of Trustees referred the site plan
application and rezoning petition to the Planning Board for Report and Recommendation;
and
WHEREAS, at the time of the June 14, 2011 referral the rezoning petition
requested the property be rezoned from the R-2F Zoning District to the C-1 Zoning
District; and
WHEREAS, following the Board of Trustees' adoption of the Fair and Affordable
Housing ("FAH") Zoning District the Applicant amended the rezoning petition to request
the property be rezoned to the FAH Zoning District; and
WHEREAS, on April 24, 2012 the amended rezoning petition seeking an FAH
zoning designation was referred by the Board of Trustees to the Planning Board for Report
and Recommendation; and
WHEREAS, the Planning Board submitted a Report and Recommendation to the
Board of Trustees on June 14, 2012; and
WHEREAS, the application was referred to the Westchester County Department of
Planning on or about July 5, 2012 and comments were received from Westchester County
on July 13, 2012, and
WHEREAS, the application was referred to the Village of Port Chester on or about
July 5, 2012; and
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WHEREAS, on July 24, 2012, the Board of Trustees opened a public hearing on
the subject site plan application, at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to said application, and the Board of
Trustees closed the public hearing on August 22, 2012; and
WHEREAS, on July 24, 2012 the Board of Trustees adopted a Negative
Declaration for the Action, which included both the rezoning petition and the site plan
application, pursuant to the New York State Environmental Quality Review Act
("SEQRA") and adopted a local law which amended the Zoning Map of the Village of
Rye Brook to change the zoning designation of the subject property from R-2F to FAH,
including any waivers to the applicable dimensional and bulk requirements as may be
granted by the Board of Trustees; and
WHEREAS, pursuant to Village Code §250-26.1(F)(3)(b), the Applicant has
requested that the Board of Trustees approve the following waivers from the applicable
dimensional and bulk requirements of the FAH District to be applied to the subject
property:
1. §250-25.F.(Z)(a). The minimum required single side
yard setback is 6 feet. The proposed site plan calls for a
single side yard setback of 5 feet. Therefore a 1 foot
single side yard setback waiver is required.
2. §250-25.F.(3). The minimum required rear yard setback
is 30 feet. The proposed site plan indicates a 26 foot rear
yard setback. Therefore a 4 foot rear yard setback waiver
is required.
3. §250-25H.(2)-. The maximum allowable side height
setback ratio is 4.0. The proposed site plan indicates a
5.51 side height setback ratio at the east elevation.
Therefore a 1.51 side height setback ratio waiver is
required.
4. §250-25.D. The maximum allowable Gross Floor Area
(GFA) is 2,359 sq. ft. The proposed site plan indicates a
GFA of 2,760 sq. ft. Therefore a GFA waiver of 401 sq.
ft.is required.
5. §250-250-25.I. The minimum required useable open
space is 4,800 sq. ft. The proposed site plan indicates a
total of 325 sq. ft. of useable open space. Therefore a
useable open space waiver of 4,475 sq. ft. is required.
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6. 250-37.C.The maximum allowable total impervious
coverage is 3,303 sq. ft. The proposed site plan indicates
4,259 sq. ft. of impervious coverage. Therefore a 956 sq.
ft. total impervious coverage wavier is required.
7. 10250-37.D. The maximum allowable front yard
impervious coverage is 30%. The proposed site plan
indicated a front yard impervious coverage of 74%.
Therefore a 44% front yard impervious coverage waiver
is required.
8. X250-6.G.(1)(c)f41.The minimum number of required
off-street parking spaces is 8. The proposed site plan
indicates 6 spaces. Therefore an off-street parking waiver
for 2 spaces is required.
9. 5250-2. Definitions, PARKING SPACE. This section
defines a parking space as being not less than 175 sq. ft.
in size. The proposed site plan indicates 5 spaces at 162
sq. ft., and 1 space at 144 sq. ft. Therefore spaces 2
through 6 will each require a 13 sq. ft. waiver, and space 1
will require a 31 sq. ft. waiver.
10. 5250-6.G.(1)(d)f21. The minimum required front yard
setback for unenclosed off-street parking is 25 feet. The
proposed site plan indicates space #6 will be setback 7
feet from the front property line. Therefore an 18 foot
front yard unenclosed off-street parking setback waiver is
required.
11. 1250-6.G.(1)(d)f21. The minimum required side yard
setback for unenclosed off-street parking is 2.5 feet. The
proposed site plan indicates parking along the gest
elevation will be setback 2 feet from the property line.
Therefore a 0.5 foot side yard unenclosed off-street
parking setback waiver will be required.
12. X250-6.A.O(g)fes,31[al. The maximum allowable height of
a fence or wall in a front yard is 4 feet. The proposed site
plan calls for a 6 foot high privacy fence enclosure in the
front yard. Therefore a 2 foot front yard fence height
waiver is required.
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13. §250-26.1.F.(3)(d). (Based on the latest floorplan provided by
the applicant dated 6121111) The minimum required floor
area of a one-bedroom AFFH unit is 675 sq. ft. The
proposed plan indicates 570 sq. ft. for the 1" floor units,
and 584 sq. ft. for the 2"d floor units. Therefore, waivers
of 105 sq. ft. are required for the 1s`floor units, and 91 sq.
ft. for the 2 `` floor units; and
WHEREAS, the Village Planning Consultant, Village Engineering Consultant,
Village staff, Planning Board and the Board of Trustees reviewed the information and
submitted comments regarding the application.
NOW THEREFORE, BE IT FURTHER RESOLVED, that the Board of
Trustees hereby approves the above-referenced waivers of the dimensional and bulk
requirements of the FAH Zoning District, pursuant to Village Code §250-26.1(F)(3)(b),
upon the following findings:
1. The waivers are consistent with the purpose and intent of
the Village of Rye Brook Zoning Code and Official Map;
2. The waivers will further fair and affordable housing
within the Village by permitting the development of four
(4) units of fair and affordable housing that are designed
and intended to be consistent with the requirements of
the 2009 Stipulation and Order of Settlement and
Dismissal in the case of United States ofAmenca ex rel.Anti-
Discrimination Center of Metro Nex York, Inc. P. Wl'estchester
County, New York, which requires Westchester County to
implement a plan to provide 750 units of fair and
affordable housing in eligible municipalities throughout
the County;
3. The waivers will permit the construction of a multifamily
residential development consisting of four (4) units of fair
and affordable housing on a lot located between a
neighborhood retail zoning district and a two-family
residential zoning district and therefore, is in harmony
with the appropriate and orderly development of the
immediate area;
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4. The waivers have been minimized to the greatest extent
practicable to mitigate any potential impacts upon the
orderly development and quality of life for neighboring
areas;
5. The waivers will permit the construction of a multifamily
residential development which will advance economic
development within the Village;
6. The site plan has been designed with the requested
waivers to include appropriate screening, stormwater
management facilities, landscaping and other site
elements, such that the location, nature and height of the
proposed building, location of parking and the nature and
extent of landscaping on the site will not hinder or
discourage the appropriate development and use of
adjacent land and buildings or substantially impair the
value thereof;
7. As demonstrated by the adoption of a Negative
Declaration pursuant to SEQRA, the waivers will not
result in any significant adverse environmental impacts;
and
8. The requested waivers are the minimum necessary to
maintain the economic viability of the affordable housing
development proposal; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the
site plan application referenced herein, upon the following conditions:
1. The Applicant shall perform percolation tests by deep test
holes during excavation and shall submit test pit data,
including soil percolation time, to the Village
Engineer/Superintendent of Public Works for review and
approval.
2. Prior to the issuance of a Building Permit, the Applicant
shall submit a Final Construction Management Plan for
review and approval by the Village
Engineer/Superintendent of Public Works.
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3. Prior to the issuance of a Building Permit, a note shall be
added to the Site Plan as follows, "If vegetation on the
commercial property to the west of the subject lot is
removed in the future thereby eliminating screening
between the commercial property and the subject
residential lot, the owner of the subject lot shall install a
6-foot high opaque privacy fence along the western
property line of the subject lot."
4. As the proposed location of the trash receptacle is
directly adjacent to the neighboring residence, trash shall
be stored in a fully contained receptacle, which includes a
lid or cover, enclosed by a 6-foot high solid vinvl fence
that matches the color and style of other fences on the
ro ert-.
5. The building shall be equipped with a code compliant fire
suppression sprinkler system, as required by Village Code.
6. The building shall be equipped with a code compliant
hard-wired interconnected smoke alarm system tied to a
central monitoring station.
7. Prior to the issuance of a Building Permit, the Site Plan
shall be revised to designate the interior curbs at the
north and east elevation as enforceable fire lanes in
accordance with Village Code X240-22, to the satisfaction
of the Village Building Inspector/Fire Inspector.
8. The Applicant shall comply with all provisions of Village
Code X250-26.1(G) through X250-26.1(L).
9. Prior to the issuance of a Building Permit, the Applicant
shall submit a Declaration of Restrictive Covenants to the
Program Administrator, as defined by Village Code �250-
26.1(D), or such other appropriate entity as determined
by the Village Administrator, for approval in recordable
form acceptable to the Village Attorney, which shall
ensure that the AFFH Units shall remain subject to
affordable housing regulations for the minimum fifty-year
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period set forth at Village Code X250-26.1(H). The
Declaration of Restrictive Covenants shall state that the
AFFH Unit shall be the primary residence of the resident
household selected to occupy the unit. Upon approval by
the Program Administrator, or such other appropriate
entity as determined by the Village Administrator, the
Declaration of Restrictive Covenant shall be recorded in
the Land Records Division of the Office of the Clerk of
the County of Westchester prior to the issuance of a
Certificate of Occupancy for any AFFH Unit.
10. The AFFH Units constructed pursuant to this approval
shall be sold or rented, and resold and re-rented only to
qualifying income-eligible households for a period of 50
years. Resale and re-renting of the AFFH Units shall
comply with the requirements set forth at Village Code
§250-26.1(I<',) and X250-26.1(L), respectively. Such
income-eligible households shall be solicited in
accordance with the requirements, policies and protocols
established in the Westchester County Fair and
Affordable Housing Affirmative Marketing Plan, for so
long as the Westchester County Fair and Affordable
Housing Affirmative Marketing Plan remains in effect, so
as to ensure outreach to racially and ethnically diverse
households.
11. Prior to the issuance of a Certificate of Occupancy, the
Applicant shall coordinate with Village Staff to renumber
the property address so that the property is not identified
with the same address as the abutting residential property.
BE IT FURTHER RESOLVED, that prior to the issuance of a building permit
the Applicant shall pay to the Village all applicable fees and professional review fees incurred
in connection with review of this Application.
On a motion made by Trustee Heiser and seconded by Trustee Rednick, the resolution was
approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
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When asked about an anticipated start date, Mr. Larizza responded that this resolution
gets forwarded to the County and then their Board votes on it. After that, they can then
move forward.
PUBLIC HEARINGS:
1) Public hearing to consider an application for approval of an amended
PUD subdivision and site plan application by the Arbors Homeowners
Association
Trustee Marrow has recused herself from this application.
Mr. Ryan addressed the Board stating that at this point they believe they have addressed
the issues to the satisfaction of the Village Consultants. He believes there is just one issue
regarding emergency access that is being brought up by some residents that abut the
property. When they first undertook this analysis they were working off of the County
topo and as it progressed that went further and looked at a number of alternative designs
to supplement. They did an additional field survey, spotted the significant trees and tried
to design a road or as Mayor Feinstein pointed out, a secondary means of egress for
emergency services—not meant to be a "road".
Mr. Ryan added that the frequency of use will hopefully be very low and they worked on
a design that allowed for emergency vehicles to get into the Arbors and they looked at
different pavement designs as well. Ultimately it was decided to use asphalt which
assisted with another problem with a drainage issue. There are 10 trees that will be
affected by this and they are mostly pine trees.
Mayor Feinstein would like to close this Public Hearing by September 11th. There needs
to be a drainage issue addressed as well and whatever other concerns we have should be
addressed tonight no matter what the cost.
Mr. Ryan believes all property owner issues have been addressed. There should me no
further issues.
Discussion
Mr. Jeff Richmond of 42 Meadowlark Road has photos from yesterday of the pathway
and is disappointed that the Arbors has not reached out to him to discuss these items of
concern. He has multiple concerns— for instance - who owns the property—have there
been any geological studies done—what about the pathway and what will be used to form
it—how it looks will affect his home and what it is worth. He would like to see an effort
to install some screening as well.
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Mr. Ryan responded to Mr. Richmond—the width of the right away is 50 feet and is
owned by the Village and was built into the original subdivision. The landscaping—this
is a pathway and they will try to restore some of the grassy areas.
Mrs. Schlank of 9 Bayberry Lane thanked the Board for keeping the communication
open. There are some open issues that concern her like the lot lines for her property. The
parking has turned into a legal issue and she will not be discussing that.
Mr. Beane, Village Counsel, explained that once this is approved by the Village every
thing goes to court because the Village is part of the lawsuit.
Mayor Feinstein responded that there is a process and every homeowner has a right to be
involved.
Mrs. Schlank understood that they would all get a notice and in invitation to a court
hearing but is frustrated that she cannot get any information.
Mr. Beane responded that one of the things that has to happen before there is a settlement
or approval is that the amended PUD has to be approved by the Village. It is not us— she
and any other homeowner can go to the court hearing and they can bring a lawyer and in
his opinion if the judge believes there is something important to be said he will allow it to
be heard.
Mrs. Schlank believes the maintenance shed is still an issue. It reduces her property
length and tonight she has come before the Board with a letter she has written which
ended u p being 14 pages long and asked if the Board would indulge her while she
addressed some of the highlights after which, she submitted the letter to the village.
Mr. Beane responded that it would be helpful to us that whatever specific suggestions she
has that she submits those to the Village for review after the resolution for September 11th
becomes available. Declarations—not giving legal advice— declarations are between the
parties—the one giving the restrictions and the one getting the restrictions—the Village is
doing neither. The Village is not a party to these declarations. The Village cannot take
sides and they cannot help.
Mrs. Schlank suggested it would be better to have all things resolved before the Board
makes a decision. Mr. Beane responded that we cannot do that as there is an application
pending. He also informed Mrs. Schlank that the issue between herself and the Arbors
Board has nothing to do with the Village. The Village is doing what we are supposed to
do— in his view the village has not violated one word in the agreement
Mayor Feinstein remembers the circumstances at the meeting regarding the shed—the
Arbors had Council—the school had Council and the Village had Council—everyone
was represented.
16OF33
Mrs. Schlank asked if the issue of the shed could be readdressed— could the maintenance
facility be moved.
Mayor Feinstein advised her that there is no issue before us—the Arbors has not brought
up an issue for the Village to address. What we are trying to do is help rectify issues that
have been raised in the past such as what can and can't be stored there. As for what will
happen to the old facility—that does not involve the village—that is between the school
and the Arbors.
Mayor Feinstein also wanted to clarify that as an accessory use the code does include
maintenance facilities—it does not violate village code. The cost benefit analysis also
does not involve the village—we make sure the environmental impacts are mitigated—
we are not required to ask any homeowner to do that type of analysis. Mayor Feinstein
believes many of the frustrations Mrs. Schlank has are valid but do not lie with the
Village and are not things we can rectify.
Mr. Jeff Richmond still fells that he is lacking information. He asked if the emergency
task force report was available for the public. Mr. Bradbury responded that he could file a
FOIL request. Mr. Richmond believes that at a prior meeting it was suggested grass
pavers for the path and he would like to see more of that as well. With respect to
screening—people use the path—they are close to his property—it doesn't seem so
unreasonable to ask that if they remove trees they can replace them as well.
Mr. Bradbury explained the task force and what they do—they review applications from
the perspective of emergency services—having a visible roadway that can support the
types of vehicles that may respond there for emergencies, etc. The applicant has proposed
an asphalt surface which is less costly to maintain but there are other alternatives as well.
Mr. Ryan said he will set up a meeting with Mr. Richmond as he has a plan he can go
over with him.
Mayor Feinstein asked about the maintenance shed and the porta-potty and the fact that
she did not see it on the plan. Mr. Ryan responded they are being removed.
Mr. Bradbury added that there will be some follow up regarding some of the storage
items proposed—some issues to discuss.
Mrs. Timpone-Mohamed added that in reviewing the latest submission with the Building
Inspector, they both had concerns because the storage bin is an open storage bin and they
both feel that another bin that is more protective is in order. This is not a recommended
practice in New York State— combining the salt in the winter with the mulch in the
summer is not acceptable—they should be kept in separate bins seasonally and will be
discussing further with Mr. Ryan.
There being no further questions or comments, on a motion made by Trustee Heiser and
seconded by Trustee Rednick, the Public Hearing was adjourned to 9/11 and Mr. Burke
called the roll:
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TRUSTEE HEISER AYE
TRUSTEE MARROW ABSTAIN
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
RESOLUTIONS:
1) Considering a village contribution to the Columbus Day Celebration
Committee and use of Hawthorne Avenue for the Annual Parade
Mr. Bradbury read the resolution:
CONSIDERING A VILLAGE CONTRIBUTION TO THE
COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE
AVENUE FOR THE ANNUAL PARADE
WHEREAS, the Village of Rye Brook Board of Trustees supports the annual
Columbus Day Parade sponsored by the Columbus Day Celebration Committee.
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees hereby approves that$800.00 be provided to the Columbus Day
Celebration Committee for its annual Columbus Day Parade; and it is
FURTHER RESOLVED, that the Columbus Day Celebration Committee may
use Hawthorne Avenue on Sunday, October 7, 2012 (rain date October 14, 2012) for the
Columbus Day Parade in compliance with the terms and/or conditions established by the
Village of Rye Brook Police Department.
On a motion made by Trustee Rednick and seconded by Trustee Heiser, the
resolution was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
180F33
2) Considering an application for the removal of a Significant Tree at
209 Country Ridge Drive
Adjourned
3) Setting a public hearing for applications for Special Permit and Site
Plan approval for property located at 558 Westchester Avenue
Mr. Bradbury read the resolution:
SETTING A PUBLIC HEARING FOR APPLICATIONS FOR SPECIAL PERMIT
AND SITE PLAN APPROVAL FOR PROPERTY LOCATED AT
558 WESTCHESTER AVENUE
WHEREAS, Leonard Brandes ("Applicant") on behalf of property owner,
Aventura Realty Corp., has made an application to the Village of Rye Brook for approval of
a Special Use Permit and Site Plan to legalize existing offices and a parking lot on property
located in the R-2F Zoning District at 558 Westchester Avenue, Section 135.83, Block 1,Lot
44 on the Town of Rye Tax Assessor's Map; and
WHEREAS, on March 22, 2011 the Board of Trustees, pursuant to the State
Environmental Quality Review Act (SEQRA), determined the proposed action to be an
Unlisted action to undergo an uncoordinated review; and
WHEREAS, on August 2, 2011 the Zoning Board of Appeals granted a variance
from Village Code X250-25(C)(3)(a) to permit access to public parking to be provided from
Division Street rather than Westchester Avenue and on April 3, 2012 the Zoning Board of
Appeals granted a variance to permit seven (7) parking spaces where twelve (12) are
required; and
WHEREAS, on February 29, 2012 the application was referred to the Westchester
County-Department of Planning; and
WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report
and Recommendation to the Board of Trustees dated August 9, 2012,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook shall hold a public hearing on September 11, 2012 at 7:30p.m. at
Village Hall, 938 King Street, Rye Brook, New York, to consider the application for
approval of a Special Permit and Site Plan for property located at 558 Westchester Avenue;
and
BE IT FURTHER RESOLVED, that the Applicant is directed to comply with
the notification requirements required under Section 250-40 of the Village Code.
19OF33
Mr. Napier addressed the Board and gave a brief overview noting that the handicapped
parking issue was still under review.
On a motion made by Trustee Marrow and seconded by Trustee Heiser, the resolution was
approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
4) Considering approving the use of Village streets for the Friends of
Crawford Park 5K race
CONSIDERING APPROVING THE USE OF VILLAGE STREETS FOR THE
FRIENDS OF CRAWFORD PARK 5K RACE
RESOLVED, that the Friends of Crawford Park are authorized to use Village of
Rye Brook streets for their 5K race on Sunday, September 30, 2012, as requested in an email
by Laura Klein dated Wednesday,July 16, 2012; and be it
FURTHER RESOLVED, that Village streets shall be used in compliance with the
terms and/o conditions established by the Village of Rye Brook Police Department.
On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mayor Feinstein asked to go out of order from the agenda
20 OF 33
NEW BUSINESS
2) Consider a waiver of a site plan application in connection with a
special permit application by the owners of 561 Westchester Ave.
Mr. Demetrious Adamis addressed the Board and gave an overview of the application.
They have been in business since 1985 without incident or problem with the property
purchased originally by the applicant's mother. Including the applicant there were 4
actual businesses operating at this location. The assessor's card considers all levels of the
building as commercial. They have 11 parking spaces and there is adequate signage.
Originally there were 4 businesses but currently there is only one.
Mr. Beane responded that we have no authority to give the relief the applicant is looking
for. They can go thru the site plan process or wait to see if the code is amended which is
on the agenda tonight.
Mr. Adamis added that the applicant now resides on the first floor and the office is in a
room on the second floor. It is an older structure and this would normally be here for a
home occupation license but the space is not located within the living space. He asked if
they could get zoning board relief to which Mr. Beane responded that the most straight
forward way is if the Village Board were to consider changing the local law— absent that
—they have to go thru the site plan process.
Mayor Feinstein believes changing the law will set a precedent. If they were to go thru
the site plan review they could ask for waivers at that level.
Trustee Rednick requested a motion to recess for 5 minutes and the motion was seconded
by Trustee Marrow:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Reconvene
Mayor Feinstein stated that legal issues were clarified and there are two alternatives. The
law is very clear that this Board does not have the authority for waivers. A site plan
application has to be submitted or we have to change our Village Code and she is not
prepared to amend the code. The Board is in agreement with Mayor Feinstein.
21 OF 33
Mr. Adamis had a discussion with Mr. Nowak during the break and he believes that we
can streamline the process so the applicant can possibly get some relief.
Mr. Beane added that this is an open pending court case and we all want to get this
resolved because it cannot continue forever so he suggested Mr.
Adamis prepare the necessary documents with the assistance of the Building Department
to the extent that waivers are appropriate it should move along in a pretty fast manor.
5. Considering appointments to various Boards, Committees and
Commissions
Mr. Bradbury read the first resolution:
APPOINTMENT TO THE ARCHITECTURAL REVIEW BOARD
RESOLVED, that Allan Willig of 3 Bayberry Close is hereby appointed to the
Architectural Review Board to fill the unexpired term of Chris Scelfo that shall expire on
the first Monday in April 2013.
On a motion made by Trustee Marrow and seconded by Trustee Heiser, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Mr. Bradbury read the second resolution:
APPOINTMENT TO THE TRAFFIC COMMISSION
RESOLVED, that Marie Briganti of 217 Tree Top Crescent is hereby appointed
to the Traffic Commission for a term that shall expire on the first Monday in April 2015.
On a motion made by Trustee Rednick and seconded by Trustee Heiser, the resolution
was approved and Mr. Burke called the roll:
22 OF 33
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
6) Considering entering into a Use & Dissemination Agreement with the
NYS Division of Criminal Justice Services
Mr. Bradbury read the resolution:
CONSIDERING ENTERING INTO A USE & DISSEMINATION AGREEMENT
WITH THE NYS DIVISION OF CRIMINAL JUSTICE SERVICES
WHEREAS, the Village of Rye Brook Police Department desires to enter a Use
& Dissemination Agreement with the NYS Division of Criminal Justice Services to
access criminal histories and wanted and/or missing persons data.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Police Chief are
hereby authorized to execute and deliver all documents necessary or appropriate in a
form approved by counsel for the execution of the Use & Dissemination Agreement with
the NYS Division of Criminal Justices Services.
Mr. Beane noted that there was an administrative problem with the wording and after a
discussion with the criminal justice service it was corrected. However,he has not
received the amended document but the Board can approve it now in its current form and
the amendment can be handled at a later time.
Language added to the resolution
On a motion made by Trustee Rednick and seconded by Trustee Marrow, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
23 OF 33
7) Considering rejecting Contract 12-04 "Various Recreational Sport
Shirts"
Mr. Bradbury read the resolution:
CONSIDERING REJECTING CONTRACT 12-04:
"VARIOUS RECREATIONAL SPORT SHIRTS"
WHEREAS, the Village of Rye Brook has solicited bids for Contract 12-04:
"Various Recreational Sport Shirts;" and
WHEREAS, a public notice was duly advertised in an official newspaper of the
Village of Rye Brook on July 13, 2012; and
WHEREAS, at 10:00 a.m., Wednesday, August 8, 2012, one bid was received
and opened from Upland Street Enterprises providing quotes on various recreational sport
shirts totaling $22,253.40; and
WHEREAS, upon review of the bid, the Village Administrator and
Superintendent of Parks and Recreation have determined the bid package to be
incomplete and missing specific items.
NOW THEREFORE BE IT RESOLVED, that contract 12-04: "Various
Recreational Sport Shirts;" is hereby rejected based upon the incompleteness of the bid
package.
Mr. Bradbury explained this was a new bid as it was the first time the Village had
attempted. Under State guidelines, they will re-bid it in the near future.
On a motion made by Trustee Heiser and seconded by Trustee Rednick, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
8) Setting a public hearing to consider a proposed local law amending
the Peddling and Soliciting section of the Village Code to create a `no
knock registry'
Mr. Bradbury read the resolution:
24 OF 33
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW
AMENDING THE PEDDLING AND SOLICITING SECTION OF THE
VILLAGE CODE TO CREATE A`NO KNOCK REGISTRY'
RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a
public hearing on September 24, 2012 at 7:30p.m. at Village Hall, 938 King Street, Rye
Brook, New York, to consider a proposed local law creating a `no knock registry.'
On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
9) Considering a re-appointment to the Town of Rye Board of
Assessment Review
Adjourned
10) Considering approving 2011-2012 year-end budget modifications
Mr. Bradbury read the resolution:
CONSIDERING APPROVING 2011-2012 YEAR-END BUDGET
MODIFICATIONS
RESOLVED, that the following 2011/2012 year-end budget modifications be hereby
approved:
FROM TO AMOUNT
101.1410.462 101.1230.110 $ 4,626
(Village Clerk- (Village Administrator—
Legal Advertising) Village Administrator)
101.1410.484 101.1230.110 $ 1,151
(Village Clerk- (Village Administrator—
Records Management) Village Administrator)
25 OF 33
101.1410.485 101.1410.120 $ 1,809
(Village Clerk- (Village Administrator—
Vital Statistics Fees) Asst. to Village Admin.)
101.1990.424 101.1325.110 $ 1,028
(Special Items— (Village Treasurer—
Contingency) Village Treasurer)
101.1990.424 101.1325.140 $ 3,954
(Special Items - (Village Treasurer—
Contingency) Deputy Treasurer)
101.1990.424 101.1325.160 $ 2,794
(Special Items - (Village Treasurer—
Contingency) Office Asst. —Financial)
101.1990.424 101.1680.110 $ 4,951
(Special Items - (MIS —
Contingency) MIS Coord.)
101.1990.424 101.1680.199 $ 6,113
(Special Items - (MIS —
Contingency) (Part time Help)
101.1990.424 101.3620.150 $ 3,194
(Special Items - (Safety Inspection—
Contingency) Int. Account Clerk)
101.7140.472 101.7180.449 $ 2,453
(Recreation Dept. - (Teen Center—
Ice Skating) Misc. Supplies)
101.1990.424 101.1010.469 $ 1,898
(Special Items - (BOT—Misc.)
Contingency)
101.1990.424 101.1230.120 $ 1,989
(Special Items - (Village Administrator—
Contingency) Asst. to Village
Administrator)
26 OF 33
101.1990.424 101.1230.170 $ 2,109
(Special Items - (Village Administrator—
Contingency) Secy. To Village
Administrator)
101.1990.424 101.1230.199 $ 1,140
(Special Items - (Village Administrator—
Contingency) Longevity/Vacation)
101.1990.424 101.1230.436 $ 728
(Special Items - (Village Administrator—
Contingency) Professional Business
Expenses)
101.1990.424 101.1230.454 $ 1,011
(Special Items - (Village Administrator—
Contingency) Travel/Conference)
101.1990.424 101.1440.110 $12,786
(Special Items - (Village Engineer—
Contingency) Village Engineer)
101.1990.424 101.8320.400 $14,536
(Special Items - (Hydrant Rental)
Contingency)
101.1410.120 101.1325.443 $ 1,245
(Village Clerk- (Village Treasurer—
Asst. to Village Credit Card Fees)
Administrator/Clerk)
101.1620.431 101.1640.445 $ 2,876
(Village Offices - (Central Garage—
Utilities) Repair Parts)
101.1620.431 101.1910.422 $ 94
(Village Offices - (Special Items—
Utilities) Unallocated Insurance)
27 OF 33
101.1620.431 101.1980.423 $ 3,915
(Village Offices - (Special Items—
Utilities) Consulting Fees)
101.1990.424 101.1930.439 $92,819
(Special Items - (Special Items—
Contingency) Judgments & Claims)
101.3120.499 101.3410.160 $ 3,340
(Police Dept. - (Fire Protection—
Contractual) Firelighter)
101.5142.199 101.1930.439 $37,776
(Snow Removal - (Special Items—
Overtime/Temp Help) Judgments & Claims)
101.5142.417 101.1930.439 $61,287
(Snow Removal- (Special Items—
Salt) Judgments & Claims)
101.9030.427 101.1930.439 $41,858
(Employee Benefits - (Special Items—
Social Security) Judgments & Claims)
101.8120.403 101.1930.439 $87,602
(Sewer Account) (Special Items—
Judgments & Claims)
101.6772.199 101.1930.439 $ 1,100
(Human Services - (Special Items—
Overtime) Judgments & Claims)
101.6772.446 101.1930.439 $ 1,100
(Human Services - (Special Items—
Grounds Maintenance) Judgments & Claims)
101.6772.450 101.1930.439 $ 3,514
(Human Services - (Special Items—
Utilities) Judgments & Claims)
101.6772.472 101.1930.439 $ 2,000
(Human Services - (Special Items—
Seniors Trips) Judgments & Claims)
28 OF 33
101.6772.498 101.1930.439 $ 1,821
(Human Services - (Special Items—
Nutrition) Judgments & Claims)
101.6772.499 101.1930.439 $ 2,554
(Human Services - (Special Items—
Contractual) Judgments & Claims)
101.7140.425 101.1930.439 $ 1,800
(Recreation Dept. - (Special Items—
Uniform Allowance) Judgments & Claims)
l 01.1620.452 l 0l.1660.496 $ 1,253
(Village Offices - (Central Items—
Contractual) Central Supplies)
101.1620.452 101.1930.439 $ 9,448
(Village Offices - (Special Items—
Contractual) Judgments & Claims)
101.1620.452 101.3410.189 $ 2,876
(Village Offices - (Fire Protection—
Contractual) Overtime)
101.1620.452 101.3410.190 $ 1,590
(Village Offices - (Fire Protection—
Contractual) Holiday)
101.1620.452 101.3510.499 $ 1,093
(Village Offices - (Control of Animals—
Contractual) Contractual)
101.1620.452 101.3620.140 $ 1,219
(Village Offices - (Safety Inspection—
Contractual) Office Assistant)
101.1620.452 101.3620.160 $ 244
(Village Offices - (Safety Inspection—
Contractual) Asst. Building Inspector)
29 OF 33
101.9010.429 101.3410.180 $ 8,203
(Employee Benefits - (Fire Protection—
Police Retirement) Firefighter 207-a)
101.3120.499 101.3410.441 $ 95
(Police Dept. - (Fire Protection—
Contractual) Equipment Maint./Repairs)
101.8160.471 101.5110.412 $ 8,031
(Refuse Collection - (Highway Maint. —
Disposal Fees) Street Maintenance)
101.8160.471 101.5110.425 $ 1,606
(Refuse Collection - (Highway Maint. —
Disposal Fees) Uniform Allowance)
On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution
was approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
11) Considering compensation for non-union personnel
Mr. Bradbury read the resolution:
CONSIDERING COMPENSATION FOR NON-UNION PERSONNEL
NOW THEREFORE BE IT RESOLVED, that the following compensation be provided to
non-union personnel effective June 1, 2012:
30 OF 33
Salary
Title 06/01/12
Administrative Intern $53,561
Assistant to the Administrator $58,940
Asst.Building Inspector $85,781
Building Inspector $106,638
Caretaker $38,750
Communications Services Coordinator $74,414
Coordinator- Senior Services $75,901
Deputy Treasurer $93,532
Inter.Acct. Clerk/Typist(Building) $49,249
Intermediate Acct. Clerk $41,875
Office Assistant(Auto. Systems)(Police) $54,848
Police Chief $140,885
Police Lieutenant $121,639
Recreation Assistant(AJP) $44,684
Recreation Assistant(Rec.Office) $54,479
Recreation Leader $40,829
Recreation Leader(Rec) $51,142
Recreation Leader(Rec) $45,701
Secretary to Administrator $62,339
Sr.Office Asst. (Office Mn r.) $51,207
Supt. of Public Works/Engineering Works/Engineering $87,935
Supt. of Recreation $91,490
Treasurer $108,426
Village Administrator/Clerk $171,245
AND BE IT FURTHER RESOLVED that unless covered by a separate employment
agreement, non-union employees shall also be eligible for the following annual Longevity
payments: after 8 years of continuous full-time employment: $250.00 per year; after 12 years
an additional $250.00; after 16 years an additional $250.00. Such payments shall be made
starting June 1, 2012 beginning in the first quarter following the full-time anniversary date of
the employee; and
BE IT FURTHER RESOLVED, that all non-union employees shall receive two additional
floating Personal Days, to be taken on or before May 31, 2013 at an acceptable time
approved by their Supervisor, and which shall not be carried over or cashed-in; and
BE IT FURTHER RESOLVED, that all non-union employees be allowed to cash-in up to
50% of their vacation days, up to ten(10) days maximum,regardless of their current vacation
day balance, provided they are cashed-in one time between the date of this resolution and
May 31, 2013. It is further noted that for eligible employees, one year must elapse between
the date these days are taken and the next eligible day to cash-in vacation days.
Mr. Bradbury explained this is a 2.25% increase for non-union employees
31 OF 33
On a motion made by Trustee Heiser and seconded by Trustee Marrow, the resolution was
approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
12) Considering the approval of minutes: July 10, 2012
On a motion made by Trustee Marrow and seconded by Trustee Heiser, the minutes were
approved and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
ADMINISTRATORS REPORT
Mr. Bradbury advised that street paving will be starting next week after Labor Day
A pre-submission conference was held at the County for the Comprehensive Plan. It was
very successful with 10 planning firms attending and a submission date of 9/14
NEW BUSINESS:
1) Considering authorizing the County of Westchester Board of
Elections to conduct Village elections
Mr. Bradbury explained that the Villages and School Districts can still use the old
machines thru the end of next year but the County is not maintaining the machines
anymore and inspectors are hard to find now. The old machines are being distributed to
the people that still want them. He discussed the options—Village can use paper ballots—
we can use the new optical scan machines but we would have to follow same procedures
and that wouldn't make much sense because we incur all the costs. Another option—the
County can run the election— currently they are running 4 and have not charged to do so
although they can in the future. If this option is chosen—we have to decide 6 months
before the next election which means we have to decide by the September meeting.
Discussion
As there are no further comments or questions, Mayor Feinstein called for a motion to go
back into executive session to discuss potential litigation issues. On a motion made by
32 OF 33
Trustee Heiser and seconded by Trustee Rednick, the motion was approved and Mr.
Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG ABSENT
MAYOR FEINSTEIN AYE
Meeting adjourned at 10:16pm
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