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
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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
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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
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