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HomeMy WebLinkAbout2012-09-24 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET MONDAY, SEPTEMBER 24, 2012 AGENDA 7:00 P.M.—Executive Session: Fire Contract Negotiations Committee Appointments Litigation 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING: 1) Setting a public hearing for applications for approval of a subdivision application, site plan application and rezoning petition for 80 Bowman Avenue REPORT PUBLIC HEARINGS: 1. Public hearing to consider a proposed local law amending the Peddling and Soliciting section of the Village Code to create a `no knock registry' RESOLUTIONS: 1) Considering a proposed local law amending the Peddling and Soliciting section of the Village Code to create a `no knock registry' 2) Setting a public hearing to consider a proposed local law amending Chapter 215, the Streets and Sidewalk section of the Village Code regarding `double utility poles' 3) Considering taking title to an abandoned impounded vehicle and declaring it municipal surplus property for sale Board of Trustees Meeting September 24,2012 Page 1 4) Considering an Amended and Restated Agreement between the Village of Rye Brook and the Village Administrator ADMINISTRATOR'S REPORT: OLD BUSINESS: 1) Update on shopping center legislation 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: October 17 & October 30, 2012 BOARD: Trustee David M. Heiser Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Greg Austin, Police Chief Jennifer Gray, Esq., Village Counsel Fred Seifert, Public Access Coordinator Mayor Joan Feinstein welcomed everyone to the September 24th regular meeting of the Board of Trustees. She noted that because of the Jewish Holidays, the meeting was moved from Tuesday to Monday. Mayor Feinstein called for the first item on the agenda: AFFORDABLE HOUSING: 1) Setting a public hearing for applications for approval of a subdivision application, site plan application and rezoning petition for 80 Bowman Avenue Board of Trustees Meeting September 24,2012 Page 2 Mayor Feinstein noted that the Board will be scheduling the public hearing for this application this evening. She noted that the applicant made an application to the Village of Rye Brook about 1 1/2 years ago. The Board of Trustees has final approval authority for this application. The matter was referred to the Planning Board and has been vetted by the Planning Board. The application is for a total of sixteen units, of which eight are one bedroom units and eight are two bedroom units. The lower level will have one bedroom units and the upper level will have a two bedroom units. The applicant has requested that the property be re-zoned. One issue that came up is a safety issue and has to do with widening the roadway to allow for easier access for emergency vehicles. The representative for the applicant addressed the Board. He noted the project is moving along. The applicant is addressing some of the issues brought up by the Village. The applicant is reviewing options for widening the roadway. An option is to cut back the sidewalk. Trustee Paul Rosenberg felt that opening the street up for emergency vehicles is a fair tradeoff for the reduced on site parking. Mayor Feinstein called for further comments or questions from the Board. There being none, she asked Mr. Christopher Bradbury, Village Administrator, to read the resolution on this matter. RESOLUTION: SETTING A PUBLIC HEARING FOR APPLICATIONS FOR APPROVAL OF A SUBDIVISION APPLICATION, SITE PLAN APPLICATION, AND REZONING PETITION FOR 80 BOWMAN AVENUE Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR APPLICATIONS FOR APPROVAL OF A SUBDIVISION APPLICATION, SITE PLAN APPLICATION AND REZONING PETITION FOR 80 BOWMAN AVENUE WHEREAS, the Board of Trustees is in receipt of a Subdivision Application, Site Plan Application and a Petition submitted by Bowridge Commons, LLC pursuant to Section 250-26.1(E)(2) of the Village Code to rezone property located at 80 Bowman Avenue, designated as Section 141.27, Block 1, Lots 26, 31 & 32 on the Town of Rye Tax Map, from the C-1 Zoning District to the Fair and Affordable Housing ("FAH") Zoning District; and Board of Trustees Meeting September 24,2012 Page 3 WHEREAS, on April 12, 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 to proceed with an uncoordinated review; and WHEREAS, on April 12, 2011 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated September 13, 2012; and WHEREAS, on September 17, 2012 the applications were referred to the Westchester County Department of Planning. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on October 30, 2012 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New Fork, to consider the application for approval of a Subdivision, Site Plan and Rezoning Petition for property located at 80 Bowman 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. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee David Heiser, the resolution was approved. Mr. David Burke, Assistant to the Administrator, called the roll: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye Mayor Feinstein called for a motion and second to open the public hearing regarding the "No Knock Registry." On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was declared open. Board of Trustees Meeting September 24,2012 Page 4 Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye PUBLIC HEARINGS: 1) 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 gave a brief overview of the proposed legislation. He noted that a Rye Brook resident approached the Village and asked that this type of legislation be considered. After discussion, legislation was created and is now before the Board. Residents would be able to register to stop certain types of peddling and solicitations. Political, educational, charitable, and religious solicitations will not be subject to this legislation. It stops groups like utility companies from coming to your home and offering their services. Mayor Feinstein called for members of the public wishing to address the Board. The resident, Adriatic Culross of 77 Windsor Road addressed the Board. There are so many people knocking on our doors. Other municipalities have created this type of legislation. This would be really beneficial to a lot of people. Mayor Feinstein thanked Ms. Culross for bringing this up to the Village. She noted that she felt that this was a wonderful idea. She called for other questions or comments. Trustee Marrow suggested that Home Owner Associations be able to act on behalf of their residents rather than have each individual resident having to make this request. Jennifer Gray, Esq., Village Counsel, noted that this can be added to the local law. This would mean that the Home Owner Associations would be able to act on behalf of the home owners. This decision may be dictated by the Home Owner Association powers in their bylaws. There may be special language needed in the local law. Mayor Feinstein noted that this is a substantive change. Richard Abel questioned the intent of the law. He didn't think that there was much of a problem with people going door-to-door in Rye Brook Board of Trustees Meeting September 24,2012 Page 5 except for non-profits. Mayor Feinstein noted that the local law was drafted for the residential area, but now they will also consider the commercial areas. She felt that this local law should be imposed Village wide. Trustee Rosenberg noted that many businesses have signs that say "No Solicitation." He felt that the spirit of this local law was for the residential areas. Trustee Rednick noted that the spirit was residential, but extending it to the entire Village made sense. Mr. Abel noted that anyone that wants to solicit in the Village must apply for a permit. Attorney Gray noted that a permit is needed, but there is a distinction regarding commercial to commercial. Mr. Bradbury noted that the Police Department has a list of companies that have a permit to go door to door. Politicians do not need a permit. Not-for-profits do not need a permit, but there are parts of the local law that apply. Schools do not need a permit. It was noted that there is a permit fee for some of the solicitors. In addition, there is a fine that can be applied for not having a permit, or for violating the local law if adopted. Trustee Rosenberg felt that the Village would be treading into territory that they did not need to be in by including the commercial areas of the Village. Trustee Heiser agreed with Trustee Rosenberg in that commercial entities have their own way of dealing with solicitations. Trustee Rosenberg noted that the Board was split about applying this local law to commercial and residential, or just residential areas. Mr. Abel noted that adopting this local law for the commercial areas would be hurting the businesses. The Board discussed adopting this local law for commercial and residential solicitation. Mayor Feinstein noted that the public hearing would remain open to allow for further discussion. She suggested contacting the Chamber of Commerce for additional information on commercial solicitations. Mayor Feinstein noted that the next Board of Trustees meeting was scheduled for October 17th On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public hearing was adjourned to the October 17, 2012 meeting. The roll was called: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Board of Trustees Meeting September 24,2012 Page 6 Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye Mayor Feinstein noted that resolution #2, in connection with Chapter 215 of the Village's Code, would be held off as new information came to light that required additional research. She called for the third resolution on the agenda. RESOLUTIONS: 3) Considering taking title to an abandoned impounded vehicle and declaring it municipal surplus property for sale Mr. Bradbury read the following resolution: CONSIDERING TAKING TITLE TO AN ABANDONED IMPOUNDED VEHICLE AND DECLARING IT MUNICIPAL SURPLUS PROPERTY FOR SALE WHEREAS, in consideration of reduced impound fees accrued while a 2000 Ford Ranger, VIN 1FTYR10X3YTA64460, was held for evidence in an ongoing investigation, the owner of the vehicle has signed Title over to the Village of Rye Brook; and WHEREAS, the vehicle has no functional value or use to the Village; and WHEREAS, the vehicle may have a nominal resale value based on its condition. NOW, THEREFORE, BE IT HEREBY RESOLVED, that the vehicle listed below is declared surplus to be sold to the highest qualified bidder through sealed bids solicited through classified advertisement in the official paper of the Village: MAKE MODEL YEA F VIN DESCRIPTION Ford Ranger 2000 1 FTYR10X3YTA64460 Pick-up Truck Held in Police Impound AND BE IT FURTHER RESOLVED, that if no bids are received the vehicle may be disposed of through appropriate means; and Board of Trustees Meeting September 24,2012 Page 7 BE IT FURTHER RESOLVED, that the Mayor is herebi, authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution,including signing Title to the vehicle. This vehicle was impounded and rather than paid the fees, the owner turned the car over to the Village. On a motion made by Trustee Heiser, and seconded by Trustee Marrow, the resolution was approved and Mr. Burke called the roll: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye 4) Considering an Amended and Restated Agreement between the Village of Rye Brook and the Village Administrator Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDED AND RESTATED AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE VILLAGE ADMINISTRATOR/CLERK WHEREAS, there is an existing Agreement dated August 3, 2000 between the Village of Rye Brook and Christopher J. Bradbury as the Village Administrator/Clerk that both parties desire to amend and restate. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves and authorizes the Mayor to sign the Amended and Restated Agreement between the Village of Rye Brook and Christopher J. Bradbury as Village Administrator/Clerk. Mayor Feinstein noted that Mr. Bradbury has been with the Village for 12 years. His Agreement is outdated. He is efficient and professional, and it is in the best interest of the Village or Rye Brook to enter into this five year Agreement. The salary is the same salary as the current agreement. With Board of Trustees Meeting September 24,2012 Page 8 this new contract, he will receive a longevity incentive. Implementing this agreement was a very easy decision. Trustee Rosenberg noted that Mr. Bradbury's leadership is exemplary. He has an outstanding work ethic, and he thanked Mr. Bradbury for his hard work. Trustees Heiser, Rednick and Marrow agreed with Trustee Rosenberg and thanked Mr. Bradbury. Mr. Bradbury thanked everyone for their kind words and opportunities. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public hearing was adjourned to the October 17, 2012 meeting. The roll was called: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury reviewed the activities in the Village. The Pine Ridge Tennis Courts are closed through August 9th. There is a blood drive in the Village. There will be a Halloween in the Park, with a snow date. It is scheduled for Saturday, October 20"'. It is scheduled for Elm Hill Park. The street resurfacing is starting on October 27 '. The listing of the roads will be on the Village's website. The RFP's have been received in connection with the Village's Comprehensive Plan. It was noted that the Leaf Program will begin on October 1st OLD BUSINESS: 1) Update on shopping center legislation Board of Trustees Meeting September 24,2012 Page 9 Mayor Feinstein noted that a conversation/dialogue was held in order to make it easier for residents of the shopping who wanted to come to the Village for changes. The process is cumbersome, and so the Village has been trying to stream line the process and make changes to the code. Jennifer Gray, Village Counsel, noted that she has been work with the Village's consultants and staff regarding the types of changes of use that can come up. The level of review has been researched ranging for applying for a permit to going for a site plan review. The current suggestion is a three level process. Mr. Bradbury noted that certain types of changes need review, but the review process can be streamlined. Mayor Feinstein noted that the Planning Board of Rye Brook is very sophisticated, and capable of making decisions. Trustee Rosenberg noted that he did not agree with giving the Planning Board the responsibility of approval over commercial applications. The shopping centers in the Village are a place where residents spend a significant amount of time. Mayor Feinstein noted that she was on the Board when the Village made the change of giving the Planning Board final approval authority over residential applications. She felt that perimeters can be set when there are no changes to the footprint, then the process can be made more efficient. Trustee Rednick felt that if there is an intense use that includes bringing in more traffic then the Board of Trustees should retain approval authority. Review will continue on this issue, and Attorney Gray thanked the Board for their additional guidance on this issue. Mayor Feinstein called for members of the public wishing to address the Board. Mr. Richard Abel noted that when the meeting starts, the agenda and supporting documentation moves. Mr. Bradbury noted that Mr. Burke would review this issue with Mr. Abel. Mr. Abel noted that he was a stickler for the open meetings law. Both School Boards follow the open meetings law. He noted that the executive session technically starts at 7:00 p.m. He also noted that litigation on the agenda is not sufficient. Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for October 17 & October 30, 2012. Board of Trustees Meeting September 24,2012 Page 10 Mayor Feinstein called for a motion and second to go into Executive Session. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the Executive Session was scheduled. Mayor Feinstein noted that the Board would not return after the Executive Session as all business has been concluded for this meeting. The roll was called: Trustee David Heiser Voting Aye Trustee Toby Marrow Voting Aye Trustee Jeffrey Rednick Voting Aye Trustee Paul Rosenberg Voting Aye Mayor Joan Feinstein Voting Aye There being no further business before the Board, the meeting was adjourned. Board of Trustees Meeting September 24,2012 Page 11