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HomeMy WebLinkAbout2011-03-08 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 8, 2011-7:30 P.M. AGENDA 7:00 P.M.–Executive Session– Contract Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1. Public hearing to consider proposed amendments to Chapter 217 of the Village Code regarding Stormwater Management RESOLUTIONS: (1) Considering proposed amendments to Chapter 217 of the Village Code regarding Stormwater Management (2) Adopting local adjustments for homestead and non-homestead base proportions (3) Considering the approval of minutes: December 14, 2010; January 11, 2011; January 25, 2011; February 16, 2011 ADMINISTRATOR'S REPORT: (1) Draft Six-Year Capital Improvement Program (2) MySeniorCenter Program OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS Board of Trustees Meeting March 8,2011 Page 1 of 9 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: March 22 and April 12, 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 Nancy Tagliafierro, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the March 8, 2011 Regular Meeting of the Board of Trustees. She noted that there was a fairly light agenda before the Board, and called for the only public hearing. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 217 OF THE VILLAGE CODE REGARDING STORMWATER MANAGEMENT On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Michael Brown, the public hearing was declared open. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting March 8,2011 Page 2 of 9 Mr. Christopher Bradbury, Village Administrator, provided the Board with an overview. He began by noting that this review was done via a grant. The purpose of the study was to review the Village's Code on Stormwater regulations to make sure that the Code remains up-to-date. Dolph Rotfeld, Village Consultant, is an expert in this field and has worked with the Village for many years with respect to stormwater issues. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Michael Brown, the public hearing was closed. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution on this matter: RESOLUTIONS: I CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 217 OF THE VILLAGE CODE REGARDING STORMWATER MANAGEMENT Mr. Christopher Bradbury read the following resolution: RESOLUTION CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 217 OF THE VILLAGE CODE REGARDING STORMWATER MANAGEMENT WHEREAS, on March 8, 2011 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 March 8, 2011. Board of Trustees Meeting March 8,2011 Page 3 of 9 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 217 of the Village Code regarding Stormwater Management. On a motion made by Trustee Rednick, and seconded by Trustee Toby Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 2) ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS Mr. Bradbury read the following resolution: RESOLUTION ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON-HOMESTEAD BASE PROPORTIONS WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law #2-2005 relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law regarding Homestead Base Proportions; and WHEREAS, the Town of Rye Assessor has prepared Homestead and Non-Homestead base proportions for the Village of Rye Brook; and WHEREAS, the Board of Trustees of the Village of Rye Brook wishes to adopt local adjustments to these base proportions, that will be used to establish a Homestead tax rate and a Non-Homestead tax rate for the 2011-2012 Village Budget and tax rates. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2011-12 Village Board of Trustees Meeting March 8,2011 Page 4 of 9 tax, Homestead Base Proportions of 74.248195% and Non-Homestead base proportions of 25.751805%; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that the Town Assessor and Tax Collector are authorized and directed to make any filings on behalf of Rye Brook, and to take any additional actions necessary to implement the purposes of this resolution. Mayor Feinstein noted that the Village Board adopts the adjustments annually. Mr. Bradbury stated that these types of adjustments come about after a re- evaluation. Homestead and Non-Homestead properties are reviewed. The assessments stay in place. The Town will have to enact the rates as a formal action. The rate before the Board is the most favorable rate for the residential properties. Commercial properties pay a greater share. On a motion made by Trustee Paul Rosenberg, and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 3) CONSIDERING THE APPROVAL OF MINUTES: December 14, 2010; January 11, 2011; January 25, 2011; February 16, 2011 Mayor Feinstein asked that the February 16, 2011 minutes be adjourned to the next meeting. Board of Trustees Meeting March 8,2011 Page 5 of 9 On a motion made by Trustee Marrow, and seconded by Trustee Paul Rosenberg, the summaries for December 14, 2010, January 11, 2011 and January 25, 2011 were adopted as amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report: ADMINISTRATOR'S REPORT: Mr. Bradbury noted that four of Rye Brook's firefighters assisted Port Chester during the fire of March 15t. Although several families and two businesses were displaced, there were no serious injuries or loss of life. Mr. Bradbury noted that the Public Works Department has been trying to stay on top of pothole repairs. The patches go in, but unfortunately they come right out. This winter has been quite a challenge. The Highway Department is focusing most of their time on this issue. The groundwater table is very high. The water is not seeping into the ground because it is still frozen. The Highway Department has been cleaning the catch basins. There is another storm coming this week which may cause additional flooding. The Village is very concerned and watching weather conditions in order to stay on top of this. 1) DRAFT SIX-YEAR CAPITAL IMPROVEMENT PROGRAM Mr. Bradbury noted that the staff is looking for additional information from the Board on capital improvements. This is a revised program, which is updated periodically. It identifies capital projects over the next six years. It is not a budget, but rather a proposed plan. Rye Brook has done a very good job caring for the infrastructure. This program provides guidance for needs and for the budget. This program identifies capital projects per year as a plan. Board of Trustees Meeting March 8,2011 Page 6 of 9 Mayor Feinstein noted that this is a good plan. One of the items that is identified is road resurfacing. A re-pavement study was authorized four years ago. The streets were analyzed. At that point in time, the budget was only $350,000 to $400,000. The recommendation was to increase this to $500,000. This plan reviews the Village's debt load, which is very low. She felt that this program is a good first step. Capital projects are identified for the Board of Trustees' review and discussion. Mayor Feinstein noted that there is a project for Harkness Park and lighting. Trustee Marrow noted that there are improvements to be made at Harkness Park. Mr. Bradbury stated that there are restrictions, and that the footprint of the tennis court cannot be expanded, and no new tennis courts can be added. A discussion can take place regarding lighting the court for play at night in the summer months. Trustee Brown noted that no discussion or planning is allowed for Harkness Park. This is part of the initial agreement, which is a twenty-year agreement put in place about five years ago. Mr. Bradbury stated that this item can be taken off the list. Mayor Feinstein noted that the Capital Improvement Program is a work in progress. It is a great program. Another item discussed by the Village over the years is a community center. Mayor Feinstein noted that all projects and suggested improvements need to be reviewed and discussed with community input. The Village's proposed comprehensive plan must be reviewed. There is more data now available from the County which could reduce the costs in going forward with a comprehensive plan. 2) MYSENIORCENTER PROGRAM Mr. Bradbury noted that this is also a program that the staff is looking for guidance from the Board. There is a lot of paperwork involved with the programs. This program has been explored and will streamline the process for signing up for programs. It is a creative program used by other areas. The key issue would be the fact that there are two different programs at AJP. One is over $10,000.00 and is not recommended. There is a pilot program that there is advertising on this program, which goes into effect when the screen savers go on is $3,500.00. This is a program that could really help at the center. The annual maintenance of this program, after the first year, is approximately $1,200.00. Board of Trustees Meeting March 8,2011 Page 7 of 9 Trustee Brown expressed concern regarding the advertising that would be allowed. Mayor Feinstein noted that the way business is done at the AJP is antiquated because sign up sheets are used. Mayor Feinstein called for questions or comments from members of the public. The resident of 3 Lincoln Avenue, Mrs. Maria Paneaqua, addressed the Board. She informed the Board that they have been informed that their carport did not meet the Village Code. She was very concerned as this carport has been in existence for many years. When they purchased this home they found several outstanding issues that they needed to deal with. They were able to legalize most of them, however, this new issue carries with it high fines and a deadline. She questioned what the grandfather clause was, as she felt that the carport should be grandfathered. Mr. Michal Nowak, Acting Village Engineer, addressed the Board. The property at 3 Lincoln Avenue has been before the Building Inspector for several issues. The carport is one issue and he noted that the setbacks are set by the Scenic Roads Overlay District. The homeowners have retained counsel. Their counsel should speak with the Building Department to discuss the grandfather clause issue. Mayor Feinstein noted that each issue is specific. Grandfathering, in general, could mean that it is not applicable. The facts, timeframe and Village Code must be reviewed. The Board was not aware of this matter and therefore could not offer the applicants the responses they were looking for. In addition, the applicant is represented by legal counsel. Mrs. Paneaqua noted that they purchased this house over a year ago. They took care of all of the outstanding open permits, but one issue remains relating to the carport. They were now told that it is in the Scenic Roads Overlay District and it needs to be taken down. This carport has been in existence for over fifty-years. Now the applicant is being fined if this issue is not taken care of by March 29th None of the previous owners were pressured by the Village for all of these open permits. Mayor Feinstein noted that the Village has rules and regulations. Unfortunately, she could not discuss this issue because the applicant has retained counsel. The Board of Trustees does not have jurisdiction over this. The applicant was directed to have their counsel contact the Building Department. Board of Trustees Meeting March 8,2011 Page 8 of 9 Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for March 22 and April 12, 2011 There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the meeting was adjourned at 8:30 p.m. Board of Trustees Meeting March 8,2011 Page 9 of 9