HomeMy WebLinkAbout2012-10-17 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
WEDNESDAY, OCTOBER 17, 2012
7:00 P.M.—Motion to go into Executive Session—Teamsters Contract Negotiations
Appointment to the Technology and
Communications Commission
7:30 P.M.—REGULAR MEETING
PLEDGE OF ALLEGIANCE:
AFFORDABLE HOUSING:
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 an amended site plan application by K&M
Realty Group, LTD for property located on Bowman Avenue
3) Considering authorizing use of Village streets for the Tamarack Tower
Foundation Thanksgiving Day Turkey Trot
4) Setting a public hearing to consider a proposed local law amending Chapter
209 of the Village Code regarding segmentation
5) Referring proposed local laws amending Chapter 215 and 217 regarding
Storm water Management to the Planning Board for Report and
Recommendation
6) Considering a snow and ice agreement with New York State Department of
Transportation
7) Considering the award of contract 12—06: "Various Recreation Sport Shirts"
8) Considering budget modifications
9) Considering the approval of minutes: July 24, 2012; August 22, 2012;
September 11, 2012
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ADMINISTRATOR'S REPORT:
OLD BUSINESS:
NEW BUSINESS:
1) NAMI Ribbon Campaign—May 2013
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
BOARD: Trustee David M. Heiser
Trustee Toby S. Marrow
Trustee Jeffrey B. Rednick
Deputy Mayor Paul S. Rosenberg
Mayor Joan L. Feinstein
STAFF: 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 October 17, 2012 regular Board
of Trustees Meeting.
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'
Mayor Feinstein noted there was a lively discussion at a previous Board of Trustees
meeting regarding this topic. Residents can place their name on a registry maintained
with the Village so solicitors cannot ring their door bells. This does not apply to not for
profits,political or religious organizations. There are two open issues currently
remaining. The first was whether a Homeowner's Association could sign up on behalf of
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its residents and the second was whether the proposed legislation was applicable to
commercial businesses as well. It would mean another change in our code but would give
everyone an even keel if it applied to everyone. Homeowners associations could opt in on
behalf of residents if a resolution was submitted. Language has been drafted by counsel
to incorporate those changes. The remaining change that was made was the hours of
solicitation—it is now 9am to 9 pm but the proposed change is 9am to 7pm with respect
to commercial enterprises.
Trustee Marrow asked about motor vehicles to which Mr. Beane, Village Counsel,
explained that had to do with food trucks and those hours are extended for the summer.
However, Mayor Feinstein feels it should be left at 7pm.
Trustee Heiser added that it should not pertain to commercial enterprises at all so the
hours become irrelevant.
Trustee Rosenberg feels the residential side should pass in its present form but the Board
should wait on the commercials and discuss it further.
Mayor Feinstein added that after reading the language with regard to the HOA she does
not think it is right for them to do that because it binds all of their residents with respect
to the no knock registry and she is not even sure they can do it legally.
Mr. Beane is not sure they want to do that and agrees the better way is to leave it to each
individual homeowner.
Trustee Marrow brought it up thinking of ease of management but understands the
arguments given.
Mayor Feinstein instructed counsel to remove the language regarding the HOA but would
like the hours left at 7 except for the summer. During the summer it would be 9:30 for the
food trucks and target residential only at this point.
On a motion by Trustee Rednick and seconded by Trustee Heiser, the Public Hearing was
closed and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. Burke, Assistant to the Administrator,read the resolution:
CONSIDERING A PROPOSED LOCAL LAW AMENDING THE PEDDLING
AND SOLICITING SECTION OF THE VILLAGE CODE TO CREATE A `NO
KNOCK REGISTRY'
WHEREAS, on September 24, 2012 the Board of Trustees opened a public
hearing on the subject local law and at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to said local law and the public hearing
was closed on October 17, 2012.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
approves the local law amending Chapter 174 of the Village Code creating a `no knock
registry.'
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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 AYE
MAYOR FEINSTEIN AYE
Mayor Feinstein requested to go out of order and move to New Business
NEW BUSINESS:
1) NAMI Ribbon Campaign—May 2013
Cheryl Brauman from the National Alliance on Mental Illness and a resident of Magnolia
Drive addressed the Board and thanked the Board for their time. She represents a small
segment of Rye Brook which is families who have individuals affected with mental
illness and their mission is to educate, advocate and support families from all walks of
life. They want to start a ribbon campaign for mental illness to coincide with the National
Alliance on Mental Illness (NAMI) walk. They have approached and already been
approved by Greenwich and they are approaching municipalities throughout Westchester
to see if they will allow us to put ribbons around the Villages.
Mayor Feinstein noted that the Village has no jurisdiction over the shopping centers
because they are private property and would have to give permission themselves.
Ms. Brauman responded that King Street and Ridge Street would be the target areas as
they are the main roads in the Village so that people will start talking. May is mental
health awareness month and she hopes Rye Brook will join them in their cause.
Mayor Feinstein added that last night it was brought up at the Rye Town Park
Commission meeting. There will be a walk on May 18t" and she believes this is
educational and personally believes it is a wonderful idea and thinks that as a board
would enjoy supporting it. Details would have to be worked out such as who would take
the ribbons down and learning what trees are Village trees and not private property.
Ms. Brauman responded that they are looking to get some school children involved to
help them as well. She explained the ribbon they have chosen will be a white ribbon with
reflex blue and gold.
Trustee Rednick believes it is a fantastic idea and believes education on a subject that is
so misunderstood is important.
Trustee Heiser agrees and will bring it to his clergy to discuss it as well during the month
of May.
Sara Newitter, a resident of 25 Woodland Drive for many many years, addressed the
Board stating that she has been involved with NAMI Westchester for over 25 years. They
have wonderful programs that serve the community and NAMI wants to draw attention
so people know that you can recover from mental illness.
Mayor Feinstein thanked them for bringing this to our attention and the Village would be
happy to support it.
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2) Setting a public hearing to consider an amended site plan application by
K&M Realty Group, LTD for property located on Bowman Avenue
Mr. Burke read the resolution:
SETTING A PUBLIC HEARING TO CONSIDER AN AMENDED SITE PLAN
APPLICATION BY K&M REALTY GROUP, LTD
FOR PROPERTY LOCATED ON BOWMAN AVENUE
WHEREAS, the Board of Trustees is in receipt of an application by K&XI Realty
Group, Ltd. for approval of an amended site plan for property located on Bowman Avenue,
designated as Parcel ID 141.26-1-1.1 and 141.26-1-1 on the Town of Rye Tax Map and located
in the Cl Zoning District and the Scenic Roads Overlay District; and
WHEREAS, the Board of Trustees is the Approval Authority for the application in
accordance with Section 209-1(A)(1) of the Village Code; and
WHEREAS, site plan approval was previously granted by the Board of Trustees on July
24, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York
State Environmental Quality Review Act ("SEQRA") on December 16, 2006;and
WHEREAS, on May 8, 2012 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 which will undergo a coordinated review; and
WHEREAS, on May 8, 2012 the Board of Trustees referred the application to the
Village of Rye Brook Planning Board for Report and Recommendation; and
WHEREAS, on September 17, 2012 the application was referred to the Westchester
County Department of Planning; and
WHEREAS, on September 18, 2012 Notice of Intent to Declare Lead Agency was
distributed to all Involved agencies; and
WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and
Recommendation to the Board of Trustees dated October 11, 2012,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook shall hold a public hearing on November 13, 2012 at 7:30p.m. at Village
Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of
Amended Site Plan for property owned by K&M Realty Group, Ltd. located on Bowman
Avenue; and
BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to
General Municipal Law 239-nn, the application be referred to the Town/Village of Harrison and
the City of Rye for comment no less than 10 days prior to the public hearing concerning the
application; 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.
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On a motion made by Trustee Heiser and seconded by Trustee Marrow, the Public Hearing was
set and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. Konigsberg gave a general overview of the project stressing that basically the only
change is 9 doors, 18" and 1067 square feet—that is the difference in this project. There
are minimal changes to the plan and the first change is adding a parking space; the second
change is they took three buildings and made them into two; and the third change was
that decks have been removed due to the emergency service task force recommendation.
FP Clark's memo from June 2012 had five issues— schools—parking—traffic—
emergency services and a will serve letter from United Water. On September 21St they
received an acknowledgement from the Harrison Schools. Parking and traffic—both
issues were resolved by FP Clark. Emergency services—requested that John Meyer
Consulting do a new sketch showing the angle of ladders with the added 18". That was
done and submitted to Mr. Izzo who determined ladders to the 2ud and 3rd floor are
acceptable. The will serve letter was provided on October 16th which was the date of the
Planning Board meeting. United Water will provide water to the 18 unit project and
includes the fire system in each building. Other then that there are no further changes to
this plan.
Mrs. Timpone Mohamed addressed the Board with what she perceives to be open issues
and will address the County comments first. A project of this size is automatically
referred to the County and they had also reviewed the original approval as well.
1 —They are suggesting that the proposed plan include a fair and affordable housing unit
—the C1 district is exempt from the requirement for that as well as the fact that this was
filed before the date of the law. The County as well as the Planning Board is suggesting
it.
2—The Passive Park- it floods and based on that the County is recommending that the
park be less developed then the current plan. No parking area was suggested and it was
recommended that the parking be at the shopping center and a boat launch for emergency
services was also suggested.
Trustee Rosenberg asked whose boat would it be and Mr. Konigsberg explained that
there is a small boat with a motor—he met with Mr. Bradbury and the Fire Chief at the
time and it could be possible to put a ramp there that could accommodate that in the case
of an emergency.
3 — The underground storm water management structures— concern they should be
maintained in the long term and did not see a maintenance plan. This was already
addressed by original approval.
4— The county road—the curb cuts are on Bowman Avenue so a permit is required and
needs to be referred to Westchester County DPW which she believes have already been
done.
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5— The county wants a stream control permit—Ms. Timpone Mohammed is not sure that
the county is aware that the rip rapp has already been constructed. She is not sure the
permit is required but Dolph Rotfeld's office is reviewing.
6— County sewer impacts—because of the additional units they feel there may be sewer
impacts—Dolph Rotfeld's office is also working on that with John Meyer Consulting
7—Provision for bicycle parking be considered
Mr. Konigsberg responded to the county letter:
1 —Affordable housing—the Board should be aware of the effort he made with regard to
that issue and should also know that it did not work
2—Passive Park- in favor of their suggestion—willing to work with Village of Rye
Brook
3 — Storm water management structures - already improved— some of them installed
4— Curb cuts - already have the curb cut permits
5— Stream Control permit- already have that as well—rip rapp installed and inspected—
6— Sewer impacts—Jim Ryan can address that
7- Bicycle parking—he has no problem with that either
Mrs. Timpone Mohamed now discussed the Planning Board comments:
The Planning Board during their review looked at the plans that were previously
approved and the changes that have been proposed. One of the issues is the seqra review
—this Board has declared their intent to be lead agency—received confirmation of
delivery but no comments back—after that the lead agency needs to go through the
project using the EAF.
There are two additional parking spaces—two of the spaces that were going to be land
banked will now be built—her office has reviewed and only 37 spaces are required so
there is a cushion of 10 spaces.
As for the school impacts—the analysis shows approximately 10 students would go to
public school in Harrison. The applicant provided information to the school and is
waiting reply.
Mrs. Timpone Mohamed added that there are always slight changes—time passes—those
changes tend to be minimal and that's where there is a concern that the amount of square
footage reviewed in the SEQRA is sufficiently different that there may be impacts that
should be reviewed now. In addition the square footage has increased again with this
proposed revision—the buildings clearly are larger buildings and taller.
The heights of the buildings were 3 stories and 35 feet height the plans submitted were 3
stories and 40 feet. The current height is 3 stories and 40 feet—the rip raff was installed
at a higher level than at the original grading—so the ground floor elevations are two feet
higher then they were in the original review. There could be potential visual impacts—7
feet higher then what was reviewed during the seqra process.
The Planning Board also had a concern that even though a traffic study was done they
feel that the number of additional trips would only be 5 but it is already a traffic corridor
with a poor level of service.
The Mayor added that another concern is an increase in population to the Middle School
—more cars and busses going in and out
Mrs. Timpone-Mohamed brought up the TD Bank and Bowridge project and this project
as well
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Trustee Rosenberg believes the population of the middle school should not be an issue—
but the Mayor disagrees because when you do an analysis of trips that is one of the times
that is looked at in the morning.
Mrs. Timpone-Mohamed continued and stated that another outstanding issue with regard
to Dolph Rotfeld is making sure the extra units don't impact the sewer system. There is
sufficient water supply and also a ready and available water service to fight fires in an
emergency.
Planning Board did make some recommendations—asking for more information and
additional review—asking too that the applicant submit a draft construction management
plan.
Mr. Konigsberg responded that the height of the building has not changed—no additional
impervious surface. He asked if the Board could reach out to Mr. Rotfeld and emergency
services to make sure they get their memos done as well so there is no hold up at all.
On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the date of
November 13th was inserted into the Public Hearing and Mr. Burke called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
3) Considering authorizing use of Village streets for the Tamarack Tower
Foundation Thanksgiving Day Turkey Trot
Mr. Burke read the resolution:
CONSIDERING AUTHORIZING USE OF VILLAGE STREETS FOR THE
TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT
WHEREAS, the Tamarack Tower Foundation requests permission to hold its
annual Thanksgiving Day Turkey Trot on Thursday,November 22, 2012 from 9:30 AM
to 10:30 AM.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board
of Trustees hereby authorizes the use of Village streets on November 22, 2012 from 9:30
AM to 10:30 AM along the route described in the letter dated September 29, 2012 from
Rosemarie Barone, Event Chairperson; and be it
FURTHER RESOLVED, that Village streets shall be used in compliance with
the terms and/or conditions established by the Village of Rye Brook Police Department.
On a motion made by Trustee Heiser and seconded by Trustee Rednick, the
resolution was approved and Mr. Burke called the roll:
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TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
4) Setting a public hearing to consider a proposed local law amending
Chapter 209 of the Village Code regarding segmentation
Mr. Burke read the resolution:
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW
AMENDING CHAPTER 209 OF THE VILLAGE CODE REGARDING
SEGMENTATION
RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a
public hearing on November 27, 2012 at 7:30p.m. at Village Hall, 938 King Street, Rye
Brook, New York, to consider a proposed local law amending Chapter 209 of the Village
Code regarding segmentation.
The original date was the 3oth but the Mai-or would like to change the date to
11/27/2012 and on a motion made by Trustee Rednick and seconded by Trustee
Marrow, the date was amended, the resolution was approved and Mr. Burke called
the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
5) Referring proposed local laws amending Chapter 215 and 217 regarding
Stormwater Management to the Planning Board for Report and
Recommendation
Mr. Burke read the resolution:
REFERRING PROPOSED LOCAL LAWS AMENDING CHAPTER 215 AND 217
OF THE VILLAGE CODE REGARDING STORMWATER MANAGEMENT TO
THE PLANNING BOARD FOR REPORT AND RECOMMENDATION
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WHEREAS, the Board of Trustees is considering an amendments to Chapter 215
and Chapter 217 of the Village Code regarding stormwater management.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook shall refer the proposed local laws to the Planning Board for report
and recommendation.
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 AYE
MAYOR FEINSTEIN AYE
6) Considering a snow and ice agreement with New York State Department
of Transportation
Mr. Burke read the resolution:
CONSIDERING A SNOW AND ICE AGREEMENT
WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE
2013/14 SNOW SEASON
RESOLVED, that the Village of Rye Brook is authorized to enter into extensions
of the indexed lump sum municipal snow and ice agreement (#D010779) with the State
of New York, Department of Transportation until June 30, 2014 under which the Village
of Rye Brook will receive payment up to $16,878.40 for the 2013/14 snow season, per
year for snow and ice control on King Street and Westchester Avenue; and be it further
RESOLVED, that the Mayor is authorized to execute and deliver all documents
necessary or appropriate to accomplish the purpose of this Resolution.
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 AYE
MAYOR FEINSTEIN AYE
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7) Considering the award of contract 12 — 06: "Various Recreation Sport
Shirts"
Mr. Burke read the resolution:
CONSIDERING AWARDING CONTRACT 12-06:
"VARIOUS RECREATIONAL SPORT SHIRTS"
WHEREAS, the Village of Rye Brook has solicited bids for Contract 12-06:
"Various Recreational Sport Shirts;" and
WHEREAS, a public notice was duly advertised in an official newspaper of the
Village of Rye Brook on September 14, 2012; and
WHEREAS, at 10:00 a.m., Wednesday, October 3, 2012, all received bids were
opened and summarized below:
BIDDER Bid Bid Bond
Fusion Graphics $10,564.47 Yes
Upland Street Enterprises $22,253.40 Yes
Riddell All American $20,516.50 Yes; and
WHEREAS, upon review of the bid, the Village Administrator and
Superintendent of Parks and Recreation have determined the lowest responsible bidder
meeting the requirements of the contract document is Fusion Graphics for the Bid price
of$10,564.47.
NOW THEREFORE BE IT RESOLVED, that contract 12-06: "Various
Recreational Sport Shirts;" is hereby awarded to Fusion Graphics for the Bid price of
$10,564.47; and be it
FURTHER RESOLVED, that the Mayor and Administrator are hereby
authorized to execute and deliver all documents necessary or appropriate to accomplish
the purpose of this resolution.
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 AYE
MAYOR FEINSTEIN AYE
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8) Considering budget modifications
Mr. Burke read the resolution:
CONSIDERING BUDGET MODIFICATIONS
RESOLVED, that the following budget transfers are
hereby approved:
FROM TO AMOUNT
101.1990.424 101.3120.200 $9,080.00
(Contingency) (Police Department
Equipment)
101.1990.424 101.6772.189 $6,435.00
(Contingency) (Human Services
Part time Help)
101.1990.424 101.8560.414 $6,260.00
(Contingency) (Shade Trees
Shrub/Trees)
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 AYE
MAYOR FEINSTEIN AYE
9) Considering the approval of minutes: July 24, 2012; August 22, 2012;
September 11, 2012
On a motion made by Trustee Marrow and seconded by Trustee Heiser, the minutes for
July 24th and August 22"were approved and Mr. Burke called the roll:
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TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
ADMINISTRATORS REPORT
Saturday, October 20th will be Halloween in the Park from 6—9 pm
Paving is complete throughout the Village but curbing still needs to be done
Leaf collection started—2 trucks handling right now.
Pine Ridge Park tennis courts open tomorrow.
Mayor Feinstein added that last Friday evening on Dateline a segment aired on the
murder in July 2009 at the Rye Town Hilton. Detective Terry Wilson was highlighted in
that report that showed great detective work not only solving the one here but also the
one in Florida. She congratulated the Rye Brook Police Department as they did showcase
wonderful work by a small but friendly Village of Rye Brook.
Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee Rednick
and seconded by Trustee Marrow, the meeting was adjourned at 9:26pm and Mr. Burke
called the roll:
TRUSTEE HEISER AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
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