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HomeMy WebLinkAbout2012-12-10 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 11, 2012 AGENDA 6:30 P.M.— Considering motion to go into Executive Session — Interview of Planning Firm for Comprehensive Plan 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING REPORT: 1) Auditors report for fiscal year ending May 31, 2012 PUBLIC HEARINGS: 1) Public hearing to consider an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue 2) Public hearing to consider a proposed local law amending Chapter 209 of the Village Code regarding segmentation of applications RESOLUTIONS: 1) Considering an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue 2) Considering a proposed local law amending Chapter 209 of the Village Code regarding segmentation of applications 3) Considering amending the Village of Rye Brook License and Permit Fee Schedule to waive certain permit and application fees in response to Hurricane Sandy BOARD OF TRUSTEES MEETINGS December 11,2012 Page 1 of 12 4) Considering the Westchester County Police Academy Training Instructor agreement between the Village of Rye Brook and the County of Westchester Department of Public Safety 5) Considering budget modifications ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Permitting process at the Rye Brook Athletic Field at King Street ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: January 8 & 22, 2013 BOARD: Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein Excused: Trustee David M. Heiser Trustee Toby S. Marrow STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michal Nowak, Superintendent of Public Works Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the December 11, 2012 regular meeting of the Board of Trustees. She noted that this was the only scheduled meeting for the month of December. She also noted that two of the Trustees were excused from the meeting, however, there was still a quorum. Applicants would be offered and adjournment for a date when there would be a full complement of the Board. BOARD OF TRUSTEES MEETINGS December 11,2012 Page 2 of 12 The first item on the agenda was the Report from the Auditors. REPORT: 1) Auditors report for fiscal year ending May 31, 2012 The audit was completed by the audit firm of O'Connor, Davies, Munns & Dobbins, LLP. Leslie Tilloston and Barry Gamson, auditors, addressed the Board. Ms. Tilloston stated that an unqualified opinion was given and this is the best rating that can be received. She reviewed the report for the Board, along with presenting information on the fund balance. It was noted that a management letter was issued and Mr. Gamson reviewed the ratings. Mayor Feinstein stated that this was the first full year of the hotel tax. The Village has a healthy fund balance, and the long term indebtedness is very small. She thanked the auditors. Mr. Bradbury noted that the report is online for anyone who would like to view it. Mayor Feinstein noted that the next item on the agenda was the public hearing on K&M Realty Group: PUBLIC HEARINGS: 1) Public hearing to consider an amended site plan application by K&M Realty Group, LTD for property located on Bowman Avenue Mr. Bradbury noted that the Village's Consultant, Dolph Rotfeld, reviewed the plans and found the engineering side of the plans acceptable. Mr. Bradbury also noted that the applicant has replenished the escrow account. Ms. Timpone Mohamed, Village Consultant, noted that she has reviewed the landscaping plans and found that the applicant has added to it. Trustee Paul Rosenberg stated that the Village advocates affordable housing. He pointed out that Mayor Feinstein previously asked the application if there was an opportunity here to include affordable housing. BOARD OF TRUSTEES MEETINGS December 11,2012 Page 3 of 12 Mr. Kip Konigsberg, applicant, addressed the Board. He noted that in the current economic environment it does not make sense to go through the process and expense to approve one or two units. Mayor Feinstein noted that the Board has 60 days to vote after the public hearing has been closed. She suggested that the public hearing be closed, and offered the applicant the opportunity to adjourn the resolution to the following Board of Trustees meeting, when there may be a full complement of the Board in attendance. Mr. Konigsberg opted to defer the vote until a full complement of the Board was in attendance. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Rosenberg, the public hearing was closed. Mr. Christopher Bradbury, Village Administrator, called the roll: Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the second public hearing on the agenda: 2) Public hearing to consider a proposed local law amending Chapter 209 of the Village Code regarding segmentation of applications Mayor Feinstein noted that this public hearing was opened at a prior meeting. There were two issues that were outstanding. A discussion regarding the trigger for site plan review took place. Trustee Rosenberg noted that he understood the reason behind these amendments. The Code is being tightened in order to close a loop hole. Mayor Feinstein noted that the Board needed to review what the intent of the Code was. Trustee Rednick noted that the Board's intent was to have a site plan review at the 50% mark. Mr. Bradbury stated that if the Village really believes that the 50% mark requires site plan review, no matter what the length of time is, it should be done. Mr. Michal Nowak, Superintendent of Public Works, addressed the Board. Applicants can get around the Code as it stands now. One of the reasons for site BOARD OF TRUSTEES MEETINGS December 11,2012 Page 4 of 12 plan review is to have public hearings so that the neighbors are advised of the project. The Code was relaxed several years ago. Mayor Feinstein called for questions and/or comments from the public. There being no one who wished to address the Board in connection with this matter, she called for a motion to close the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the public hearing was closed. Mr. Bradbury, Village Administrator, called the roll: Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: 2) Considering a proposed local law amending Chapter 209 of the Village Code regarding segmentation of applications Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 209 OF THE VILLAGE CODE REGARDING SEGMENTATION OF APPLICATIONS WHEREAS, on November 27, 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 December 11, 2012. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 209 of the Village Code creating regarding segmentation of applications. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. BOARD OF TRUSTEES MEETINGS December 11,2012 Page 5 of 12 Mr. Bradbury called the roll: Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the third resolution on the agenda: 3) Considering amending the Village of Rye Brook License and Permit Fee Schedule to waive certain permit and application fees in response to Hurricane Sandy Mr. Bradbury read the following resolution: RESOLUTION AMENDING THE VILLAGE OF RYE BROOK LICENSE AND PERMIT FEE SCHEDULE TO WAIVE CERTAIN PERMIT AND APPLICATION FEES IN RESPONSE TO HURRICANE SANDY WHEREAS, the Board of Trustees recognizes that many residents of the Village of Rye Book, including businesses located within the Village of Rye Brook, suffered significant hardship as a result of Hurricane Sandy; and WHEREAS, certain restoration, clean-up and reconstruction work resulting from Hurricane Sandy is subject to the issuance of permits and approvals from the Village of Rye Brook; and WHEREAS, the Board of Trustees wishes to defray the costs of restoration, clean-up and reconstruction by waiving the fees associated with the permits and approvals required for such work. NOW, THEREFORE BE IT RESOLVED, that upon the conditions set forth herein, the Board of Trustees hereby amends the License and Permit Fee Schedule to waive the following fees in connection with restoration, clean-up and reconstruction work resulting from Hurricane Sandy: 1. All Building Permit Fees 2. All Certificate of Occupancy Fees 3. All Demolition Permit Fees BOARD OF TRUSTEES MEETINGS December 11,2012 Page 6 of 12 4. All Electrical Permit Fees 5. All Plumbing Permit Fees 6. All Fence & Wall Permit Fees BE IT FURTHER RESOLVED, that the aforementioned fees shall be waived upon the following conditions: 1. The applicant shall submit a sworn affidavit signed by the property owner(s) or contractor containing the following information: a. Name and address of property owner(s); b. Description of the work to be performed; and c. Verification that the work for which a permit is sought arose as a direct result of Hurricane Sandy. 2. Applications for which a fee waiver is sought must be submitted within 6 months of Hurricane Sandy (i.e. on or before April 29, 2013). 3. Any proposed work which is not a result of Hurricane Sandy shall be the subject of a separate permit application for which no fee waiver shall apply or shall be included with the scope of the same permit for which Hurricane Sandy-related work is sought with fees being separately calculated and apportioned such that no fees are paid for Hurricane Sandy-related work. For example, in the case of a Building Permit the cost of construction for work which is not a result of Hurricane Sandy shall be separately calculated and a fee paid thereon. BE IT FURTHER RESOLVED, applicants shall be entitled to a refund of permit and application fees paid prior to the adoption of this resolution which fees would otherwise have qualified for a waiver pursuant to the provisions herein. To receive a refund, the applicant shall submit a sworn affidavit as described above no later than April 29, 2013 along with proof of the amount of fees paid. Mayor Feinstein asked how residents would be notified of this change. Mr. Bradbury noted that the Village's website, and emails, and perhaps a newspaper notification. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye BOARD OF TRUSTEES MEETINGS December 11,2012 Page 7 of 12 It was noted that the goal behind this resolution was to assist residents whose property had damage as a result of Hurricane Sandy. 4) Considering the Westchester County Police Academy Training Instructor agreement between the Village of Rye Brook and the County of Westchester Department of Public Safety Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE WESTCHESTER COUNTY POLICE ACADEMY TRAINING INSTRUCTOR AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE COUNTY OF WESTCHESTER DEPARTMENT OF PUBLIC SAFETY WHEREAS, the Village of Rye Book provides instructors to the Westchester County Police Academy whenever circumstances permit; and WHEREAS, the County of Westchester requires an Inter-Municipal Agreement to defend and indemnify the Village in connection with any action brought against the instructor. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an Inter-municipal Agreement with the County of Westchester for a Police Academy Training Instructor agreement for the period from execution to March 20, 2017; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all necessary documents to implement the Inter-municipal Agreement. On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the resolution was opened to discussion. Edward Beane, Esq., Village Counsel, commented on the agreement as it exists and was signed five years ago. He noted that he has made some suggested changes. One change was the removal of the word recklessness. Mr. Bradbury amended the resolution to add additional wording to allow changes as approved by counsel. On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the resolution was adopted, as amended: BOARD OF TRUSTEES MEETINGS December 11,2012 Page 8 of 12 The roll was called: Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) Considering budget modifications Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1620.189 $ 5,000 (Contingency) (Village Offices— Overtime) 101.1990.424 101.3120.189 $ 25,000 (Contingency) (Police Dept.— Overtime) 101.1990.424 101.3410.189 $ 23,000 (Contingency) (Fire Protection— Overtime) 101.1990.424 101.5110.189 $ 37,000 (Contingency) (Highway Maint.— Overtime) 101.1990.424 101.5110.199 $ 15,000 (Contingency) (Highway Maint.— Temp Help) 101.1910.422 101.8560.458 $ 30,000 (Special Items - (Shade Trees— Unallocated Insurance) Supplemental Services) 101.8120.403 101.8560.458 $ 10,000 (Sewer District) (Shade Trees— BOARD OF TRUSTEES MEETINGS December 11,2012 Page 9 of 12 Supplemental Services) 101.8120.403 101.9010.428 $ 22.580 (Sewer Account) (Employee Benefits— State Retirement) 101.8120.403 101.9010.429 $ 32,572 (Sewer Account) (Employee Benefits— Police Retirement) 101.1680.199 101.3120.499 $ 6,194 (Mgt. Info. Services - (Police Department— Part Time Help) Contractual On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. Mr. Bradbury noted that some of the expenses are reimbursable through FEMA. He reviewed the changes for the Board. The roll was called: Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that coyote trapping will begin soon and will run for seven weeks. The Trapper will trap on Village property. Village staff has worked hard to clean up storm debris. One final pick up will be done this week. Mr. Bradbury noted that overnight alternate side of the street parking is being enforced. Information on contacting FEMA is on the Village's website. The deadline for filing with FEMA has been extended to January 28, 2013. Mr. Bradbury noted that many trees came down in the last storm. The Parks Department has removed all of the trees and debris. BOARD OF TRUSTEES MEETINGS December 11,2012 Page 10 of 12 Trustee Rosenberg noted that many residents have contacted him to express their satisfaction with the work that the Highway Department did during and after the storm. They have done a phenomenal job. DISCUSSION ITEMS: 1) Permitting process at the Rye Brook Athletic Field at King Street Trustee Rednick noted that the rules and regulations at the King Street Field need to be tweaked. Jamie Schutzer, the Chair of the Advisory Council on Parks and Recreation addressed the Board. He noted that sometimes families would like to use the fields when they are not in use, but this is prohibited. This has been an issue for over four years. In July members of the public addressed the Recreation committee. The question is how this park can be made more accessible to residents. The permitting process was reviewed. If the field is open the residents should be able to use it. Mayor Feinstein noted that the fields on King Street were built with funds from Westchester County. Mr. Bradbury noted that the King Street Ball Field has regulations. The parking for the field is on school property. Another issue to be reviewed is the number of people that constitute a group. There are requirements regarding permits. Mr. Schutzer noted that he was talking about seven children and a couple of dads or moms. He hoped that the Village would make it easier for residents to use the fields. The Board agreed that seven individuals could use the field without obtaining a permit. Superintendent Robert Bertolacci has been asked to review this issue. The Village will contact the school district Mayor Feinstein noted that the next meetings of the Board of Trustees were scheduled for January 8 & 22, 2013. She noted that this was the last formal meeting of the year. On three months the Village has an election and she will not be seeking re-election as Mayor. She has always advocated for shorter term limits, and the length of service was changed. Change is good. She noted that she will miss everyone. She wished everyone Happy Holidays and a Happy 2013. BOARD OF TRUSTEES MEETINGS December 11,2012 Page 11 of 12 As there was no additional business before, the Board, she called for a motion to adjourn. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the meeting was adjourned at 8:50 p.m. BOARD OF TRUSTEES MEETINGS December 11,2012 Page 12 of 12