Loading...
HomeMy WebLinkAbout2011-01-11 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 11,2011-7:30 P.M. 7:00 P.M.–Executive Session–Contract Negotiations ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: (1) Affordable Housing Discussion Paper PUBLIC HEARINGS: RESOLUTIONS: (1) Considering the appointment of a Police Officer (2) Considering the appointment of a Police Officer (3) Considering an application for the removal of Significant Trees at 1 Beacon Lane (4) Setting a public hearing to consider proposed amendments to Chapter 6 of the Village Code regarding BelleFair Affordable Middle Income Development Program (5) Considering the approval of minutes: November 9, 2010; November 23, 2010 & December 14, 2010 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: (1) Consider anti-idling legislation (2) Request Village Board liaisons to reach out to the president of the BBSD & PCSD environmental clubs to attend next ACEC meeting Board of Trustees Minutes January 11, 2011 1of10 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS January 25 and February 8, 2011 BOARD: Trustee Michael S. Brown 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 Edward Beane, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Feinstein welcomed everyone to the first regular board meeting of 2011 and asked everyone to participate in a moment of silence for Harry Hayes who was a former Fire Chief for Rye Brook and Port Chester as well as a member of the Rye Brook-Port Chester Fire Advisory Board. Mayor Feinstein also wanted to take a few minutes prior to the official agenda to applaud the efforts of our village employees and asked Chief Austin to take the podium and explain. Chief Austin addressed the Board and the public and explained that this month the Police Department had received a call from a resident who was witnessing two men break into a neighbor's home. The police responded and witnessed a broken window and with the assistance of other departments, the Rye Brook officers entered the home and were able to apprehend the two men who were hiding in different sections of the house. Multiple officers took part in the arrest including Sgt. Bosio on the desk, Lt. Matthews who responded and took charge of the scene, Officer Paul Apuzzi, Officer Ryan Gilchrist who actually apprehended the suspects and Sgt. Wilson and Sgt. Goralick of the detective bureau who conducted the investigation. The men confessed not only to this crime but other burglaries as well. Chief Austin also acknowledged Mrs. D'Andrea who was the resident alert enough to call the burglary into the Police Department. Board of Trustees Minutes January 11, 2011 2 of 10 Mayor Feinstein acknowledged the excellent work and thanked the men involved. She also asked Mrs. D'Andrea to come to the podium and presented her with a Certificate of Appreciation which the Mayor read thanking her for her diligence to the community. Mayor Feinstein also acknowledged the Highway Department for a job well done during the recent storms and for the anticipated work they will do this evening in light of another approaching storm. She has received compliments from the community regarding the snow plowing and how quickly the roads were made passable. She acknowledged Highway Foreman Paul Vinci and asked him to join her at the podium. She thanked him on behalf of the residents of Rye Brook and asked him to relay her gratitude to his staff on behalf of the Village. Mr. Bradbury also thanked Mr. Vinci for all his hard work knowing that he has a tough role and works closely with all the staff and they work together well as a team. REPORT: (1) Affordable Housing Discussion Paper Mayor Feinstein explained that this is a continuation of a report discussed in November regarding possible sites for affordable housing. It is a very detailed report written by F.P. Clark and includes 19 potential properties. Mayor Feinstein wanted to make it clear that the Village does not engage in the building of affordable housing. A developer has to come forth and then the board reviews and approves or denies the proposed application. Mr. Bradbury added that the Board needs to decide which sites are acceptable and which are not. He also wanted to make a clarification on one of the properties — 800 Westchester — that the proposed available property is in the buffer area and not the office building part of the complex. In addition, the proposed property on the site of the Hilton Hotel would only be allowed if there was a subdivision of the property. The language needs to be clarified on those two properties. One additional property that the Board may want to add to the list is at the King Street Nursing Home and the area in question is the buffer area fronting on King Street. He added that everyone on the proposed list of potential sites was notified by letter to give them the opportunity to ask questions and make them aware. Mayor Feinstein added that under no circumstances would any of these properties be obtained through eminent domain reiterating that the village is not in the business of building affordable housing. She stated that the King Street Nursing Home property should be added to the list because it has the buffer area and it is a substantial piece of property. Board of Trustees Minutes January 11, 2011 3of10 Trustee Rosenberg agreed that it should be added as well and in terms of clarification, he asked if we knew how big the buffer area in question is and, if not, to find out as he believes it should be known for informational purposes. He would also like to add that the village would only entertain proposed affordable housing projects that meet the criteria of the Westchester County Affordable Housing Plan. Trustee Brown added that this is not a comprehensive list and a developer may present a property that is not on this list because all of Rye Brook is possible. Trustee Rednick agreed and added that this list is not an endorsement by the Board that any affordable housing project that comes before it will be approved. It merely is an identification of possible properties for potential developers. Mayor Feinstein agreed confirming that we are not endorsing, just accepting the report as modified this evening. We do have a draft of a resolution where we basically are accepting and acknowledging the report as a useful resource and agreeing to forward it to the County. Trustee Marrow asked if the Arbors were notified because they are part of the PUD. Mr. Bradbury responded that we only notified the actual owners of the properties in question. There being no comments or questions from the community, Mr. Bradbury read the resolution: CONSIDERING THE ACCEPTANCE OF THE AFFORDABLE HOUSING DISCUSSION PAPER WHEREAS, pursuant to a Stipulation and Dismissal (the "Stipulation") entered in U.S. ex rel. Anti-Discrimination Center v. Westchester, the county is required to build 750 units of fair and affordable housing over a seven year period within certain municipalities including the Village of Rye Brook; and WHEREAS, the Village Board has requested that its planning consultant prepare a report that would consider and preliminarily evaluate potential properties that could be considered for affordable housing if such development was supported by the involved property owner; and Board of Trustees Minutes January 11, 2011 4of10 WHEREAS, at the November 23, 2010 meeting of the Village Board, the village's planning consultant presented a draft Affordable Housing Discussion Paper that identifies certain public and private properties throughout the village that currently have the most potential for fair and affordable housing opportunities in Rye Brook; and WHEREAS, the Village Board has reviewed and made certain modifications to the draft Affordable Housing Discussion Paper; and WHEREAS, the Affordable Housing Discussion Paper would be a useful resource for property owners, developers, and community members to consider in evaluating potential affordable housing locations for developments that would be consistent with the terms of the Westchester County Stipulation. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby accepts the Affordable Housing Discussion Paper as a final report for the Village of Rye Brook, with a copy of the final report sent to the Westchester County Executive and the Department of Planning. On a motion made by Trustee Rednick and seconded by Trustee Brown, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE RESOLUTIONS: (1) Considering the appointment of a Police Officer Mr. Bradbury read the resolution: CONSIDERING THE APPOINTMENT OF A POLICE OFFICER RESOLVED, that David John Cryeski of 38 Queen Anne Lane, Wappingers Falls, New York is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to approval of the NYS Civil Service procedures by the County of Westchester Department of Human Resources, and the passing of a pre-employment medical exam appropriate for this title; and be it FURTHER RESOLVED, that the annual salary is $46,922 with an effective start date to be determined. Board of Trustees Minutes January 11, 2011 5of10 TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for a motion and a motion was made by Trustee Brown and seconded by Trustee Rednick. Chief Austin explained that one police officer retired in October and another officer will be retiring next week. These two appointments will fill those positions. Both applicants are Police Officers, Officer Cryeski in Newburgh and Officer Ruhe is with the New York State Park Police in the Palisades region. They are both fairly new in the job but have already been trained which is a benefit to Rye Brook because they can get on the street quicker. They have already been through the interview process and the background checks are complete. After the Board appoints them, the final step will be for them to pass their medical exams and receive approval from the county but he is expecting a favorable response. Mr. Bradbury added that these appointments only fill 2 of the 3 open and budgeted positions. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (2) Considering the appointment of a Police Officer Mr. Bradbury read the resolution for the second Police Officer: CONSIDERING THE APPOINTMENT OF A POLICE OFFICER RESOLVED, that Christopher Vincent Ruhe of 902 Main Street, Fishkill, New York, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to approval of the NYS Civil Service procedures by the County of Westchester Board of Trustees Minutes January 11, 2011 6of10 Department of Human Resources, and the passing of a pre-employment medical exam appropriate for this title; and be it FURTHER RESOLVED, that the annual salary is $46,922 with an effective start date to be determined. On a motion made by Trustee Rednick and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (3) Considering an application for the removal of Significant Trees at 1 Beacon Lane Mr. Bradbury explained that this item is no longer on the agenda for this evening and asked the Board if they would like a replanting plan be submitted on this application as well to which the Board responded yes. (4) Setting a public hearing to consider proposed amendments to Chapter 6 of the Village Code regarding BelleFair Affordable Middle Income Development Program Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 6 OF THE VILLAGE CODE REGARDING BELLEFAIR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on January 25, 2010 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed amendments to Chapter 6 of the Village Code regarding BelleFair Affordable Middle Income Development Program. A motion was made by Trustee Brown and seconded by Trustee Marrow. Board of Trustees Minutes January 11, 2011 7of10 Mr. Ed Beane, Village Attorney, explained that the reason they proposed these changes is because the original chapter was enacted about the time Bellefair Affordable homes became available. They found certain inherent deficiencies in the original law and basically amended section one. The real problem grows when addressing the issue of who can occupy the home. What he believes happened was because of the state of the economy, additional people ended up on the deeds with the original owner and then they were allowed to take over the property. In the proposed changes, he defined the term owner as an individual who meets all of the criteria set forth in the qualification sections and basically prohibits anyone other then an owner to be listed on the deed. Thus, only the qualified person or persons can be listed on the deed and all new deeds will have to be approved by the Village Attorney. If the owner who is an approved individual passes away,normally there is a passage of ownership and this cannot interfere with that passage of law. What might happen is that the person who takes over may not be qualified or meet the criteria. Mr. Bradbury explained that the way it is currently drafted, the only time they have to qualify is at the initial sale. The intent at the time it was drafted was the surviving spouse could stay in that unit. Operationally some problems have arisen because the definition of family had not been defined. Trustee Brown explained that the purpose of these homes was for community wide benefit to help certain people and that's where the focus should be. He would like to have some language in the proposed amendments to protect what the intent of this was. Mayor Feinstein asked what if someone gets married and wants to add the spouse to the deed. They would have to re-qualify in order to do that and test the income level. As there is a lot more to discuss, Mr. Beane will review the comments made and propose some further amendments, Mayor Feinstein asked for a motion and a second to withdraw the resolution setting the Public Hearing and on a motion made by Trustee Rednick and seconded by Trustee Marrow,the Public Hearing was withdrawn. (5) Considering the approval of minutes: November 9, 2010; November 23, 2010 & December 14, 2010 Mayor Feinstein advised that they are only approving the November meeting minutes tonight. On a motion made by Trustee Rednick and seconded by Trustee Marrow, the November minutes were adopted. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE ADMINISTRATOR'S REPORT Board of Trustees Minutes January 11, 2011 8of10 Mr. Bradbury advised that the Village received reimbursement from FEMA and SEMO of approximately $122,000 for the March 2010 storm which covered mostly equipment, supplies and labor. With tonight's storm, there were some small changes in the sanitation schedule and Mr. Bradbury encouraged the public to sign up for the email blast available on the Village's web site so they can receive notifications from the Village. There is no bulk or green waste pickup this week and tomorrow's recycling will be Thursday. The only group really impacted is the Arbors and they have been notified. Chief Austin addressed the Board and advised them that he has been working on some initiatives to allow the Police Department to engage more with the public. Docview was passed by Board resolution not too long ago and went into effect January Is' which allows people to go to the website and download an accident report for a fee but can still come to Police Headquarters if they so choose. Nixel is another service they have enrolled in now which is a safety information service that is being used across the country. It sends out messages for alerts and emergency notifications, traffic alerts and can be used for instance tonight to remind people to have cars off the street between 2 AM and 6 AM. Another service the Police are using is www.crimereports.com which is basically a crime mapping service that they have subscribed to. It is a mapping service that will take the police reports and plot them on a map. It is good for the Police Department to see patterns that develop and good for the public so they can see what is going on around them. The public can also subscribe for alerts of particular crimes and can make anonymous tips as well. It not only shows Rye Brook but any jurisdiction that subscribes to the service, for example, Greenwich. DISCUSSION ITEMS: (1) Consider anti-idling legislation Trustee Marrow advised the Board that the Advisory Council on Environmental Conservation noticed there is no ordinance on vehicle idling and proposed that one be adopted. The Mayor noted that the Chairman of that Board, Jason Klein, was in the audience tonight. Mayor Feinstein responded that since Westchester County has an idling ordinance, it may be enforced by the local police but the question is if we incorporated a similar type of ordinance in our village code, could it be enforced? Chief Austin responded that there would be enforcement issues on this such as what constitutes 3 minutes, and there are certain circumstances, etc which would make it difficult to enforce. Mr. Bradbury added that perhaps it should be more educational. There are various provisions in the law for instance hybrid vehicles are exempt but it applies to school buses and municipal vehicles. He suggested it might be a good direction to go in to work with the council on education of the public. Board of Trustees Minutes January 11, 2011 9of10 Trustee Brown agreed that it is as an educational tool and may be it should be adopted so a Police Officer can advise someone if he witnesses it. He also thought the suggested fines were a little excessive. Mayor Feinstein added that the county would take precedence on this issue but agreed that education would be a good starting point. She thanked the Environmental Council for proposing the idea and suggested that maybe the local newspapers can do an article on it as well to help educate the public. (2) Request Village Board liaisons to reach out to the president of the BBSD &PCSD environmental clubs to attend next ACEC meeting Trustee Marrow again was requested by the Environmental Council to approach the Village Board to invite the presidents of the environmental clubs at the high schools to the next meeting of the Environmental Council to discuss environmental issues at school and hear what the student's concerns are. There are a lot of knowledgeable people on the council and they have some good ideas and believes it would be good to move forward with some of the ideas and work with the schools. Mayor Feinstein agreed that any outreach to the schools and the students is a good thing. The Council does not need the permission of this Board but believes it is important for the Board of Trustees to be aware or advised and again thanked the Council and Trustee Marrow for taking the lead. Jason Klein, Valley Terrace, Chair of the Environmental Council, addressed the Board to introduce himself. He grew up in Rye Brook and has moved back. He believes education is the key point. It is not so much the enforcement as the educational aspects. Mayor Feinstein thanked him and welcomed him back. As there are were no further comments or questions, Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee Rosenberg and seconded by Trustee Rednick, the meeting was adjourned at 9:12 pm. Board of Trustees Minutes January 11, 2011 10 of 10