Loading...
HomeMy WebLinkAbout2011-03-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 22, 2011-7:30 P.M. AGENDA 7:00 P.M.—Executive Session— Tax Certiorari ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: 1. Public hearing to consider a proposed site plan modification for a change of use at the Rye Ridge Shopping Center for Chop't restaurant 2. Public hearing to consider a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program RESOLUTIONS: 1. Considering a proposed site plan modification for a change of use at the Rye Ridge Shopping Center for Chop't restaurant 2. Considering a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program 3. Considering the acceptance of planting in the vicinity of the Edgewood Detention Basin by the owners of 15 Edgewood Drive 4. Referring a special use permit and site plan application for 558 Westchester Avenue to the Zoning Board of Appeals Board of Trustees Meeting March 22,2011 Page 1 of 21 5. Referring a proposed site plan application for a natural gas powered generator at 555 Westchester Avenue to the Planning Board for report and recommendation 6. Considering the donation of funds for a tree and memorial bench at Rye Hills Park in memory of Paula Bertolacci 7. Overview of the 2011-12 Tentative Budget and setting a public hearing for April 12, 2011 8. Setting a public hearing to considering proposed amendments to Chapter 41 of the Village Code regarding Officers and Employees 9. Considering Budget Modifications 10.Considering the approval of minutes: February 16, 2011 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Regular Trustees Meetings: April 12 and April 26, 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 Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Marilyn Timpone Mohamed, Village Consultant Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting March 22,2011 Page 2 of 21 Mayor Joan L. Feinstein welcomed everyone to the March 22, 2011 regular Meeting of the Board of Trustees. She introduced Martin Rogowsky, County Legislator, who asked to say a few words about the County. Legislator Rogowsky addressed the Board. He noted that he recently worked with Chief Gregory Austin at a recent meeting. The meeting addressed public safety and training specific to the police department. Mr. Rogowsky noted that Indian Point has been in the news and people are concerned because of what happened in Japan. He noted that the geology here is quite different than Japan's geology. The earthquake in Japan was about one thousand times worse then it would ever be here. The real problem was the tsunami, which washed away their back up system. Indian Point has three different back up systems. A review is being conducted, and all the facts will not be in for another month or so but things are very different between Indian Point and Japan. Residents should not worried about the same thing happening here. The County spends over three million dollars per year on safety issues. Legislator Rogowsky discussed the County budget. The budget was passed and it called for a tax decrease, but each town/village is assessed differently so the results are different for each municipality. Everyone always asks where the money goes. It goes to Medicaid, Early Childhood Intervention, Pre-K, Transportation, MTA Commuter Transportation, Healthcare costs for County Jail Inmates. He thanked the Board for allowing him to update the residents on Countywide issues. Mayor Feinstein thanked him for coming to Rye Brook and for always being so supportive of Rye Brook. Mayor Feinstein returned to the agenda, and called for the first matter: PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED SITE PLAN MODIFICATION FOR A CHANGE OF USE AT THE RYE RIDGE SHOPPING CENTER FOR CHOP'T RESTAURANT On a motion made by Trustee Paul Rosenberg, and seconded by Trustee Michael Brown, the public hearing was declared open. Board of Trustees Meeting March 22,2011 Page 3 of 21 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 Mayor Feinstein noted that the change of use was from a retail use to a restaurant use. There was a site plan modification that was reviewed by the Planning Board. Katherine Zalantis, Esq., from the firm of Silverberg & Zalantis, addressed the Board as legal counsel for the applicant. She noted that the plans were reviewed by the Village and its consultants, and there were no issues identified. The applicants are awaiting approval from the Architectural Review Board and are anxious to open their facility. Marilyn Timpone Mohamed, Village Consultant from the firm of F.P. Clark and Associates, addressed the Board. She noted that the Planning Board reviewed the application and some of the general issues that surround the shopping center were addressed. The retail use is being changed to a restaurant use, which has a direct effect on parking. Parking studies were reviewed. The traffic engineer reviewed the study and the finding was that the parking in the center is sufficient for the new use. There are other issues to be addressed; one is the approval of signage from the Architectural Review Board. Another issue is that restaurant uses are somewhat more intensive then retail. Parking could become a concern, especially since so many of the spaces have been converted. Parking needs to be watched. Mayor Feinstein noted that refuse/garbage is an issue. There is a meeting set up for later in the month with the Village and representation form the shopping center and these issues are being dealt with in a proactive way. Trustee Rosenberg asked for additional information regarding the refuse pick ups. Peter Stahl of Win Ridge Properties addressed the Board. Chop't will be using the same compactor as the other restaurants in the center. The increase in refuse will cause an increase in pick ups, which means that garbage will be removed from the premises faster. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was closed. Board of Trustees Meeting March 22,2011 Page 4 of 21 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 Mayor Feinstein called for the resolution on this matter: RESOLUTIONS: 1. CONSIDERING A PROPOSED SITE PLAN MODIFICATION FOR A CHANGE OF USE AT THE RYE RIDGE SHOPPING CENTER FOR CHOP'T RESTAURANT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED SITE PLAN MODIFICATION FOR A CHANGE OF USE AT RYE RIDGE SHOPPING CENTER FOR CHOP'T RESTAURANT WHEREAS, the Board of Trustees is in receipt of an application by Peter Stahl (Win Ridge Realty, LLC) on behalf of Stephen Marsh (Chop't) for approval of a change in use from retail to restaurant on an approved site plan for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue in Section 1, Block 22, Lots 3, 3A and 4A-A of the Town of Rye Tax Map and located in the C 1-P Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1(B) of the Village Code; and WHEREAS, the proposed restaurant use is permitted as of right under the Village Zoning Ordinance and neither the proposed change in use or any construction associated with the change in use affects or changes the previously approved site plan; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: Board of Trustees Meeting March 22,2011 Page 5 of 21 1. Site Plan Application 2. Interior Building Permit Application 3. Short Environmental Assessment Form 4. Letter to the Mayor and the Board of Trustees dated January 24, 2011 from Peter Stahl, Win Ridge Realty, LLC 5. "Overall Site Plan, Sheet OSP-1," dated "revised" 02/01/2011, prepared by John Meyer Consulting, Armonk, NY 6. Architect's plans for interior renovations, dated December 16, 2010, prepared by Michael Etzel Architect, New York, NY: 7. Parking Utilization Study dated March 8, 2011, prepared by John Meyer Consulting, Armonk, NY WHEREAS, at its February 16, 2011 meeting, the Board of Trustees referred the application for a site plan amendment to the Planning Board for report and recommendation; and WHEREAS, at its March 10, 2011 meeting, the Planning Board heard from the Applicant and considered the Applicant's proposal for a change from retail use to restaurant use affecting approximately 2,014 square feet of the existing shopping center and adopted a resolution recommending approval of the change in use and that the amended site plan application be granted as to the change of use; and WHEREAS, the subject application was referred to the Westchester County Department of Planning; and WHEREAS, on March 22, 2011 the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on March 22, 2011; and WHEREAS, the Board of Trustees has reviewed the information submitted by the applicant in connection with the application and the report and recommendations of the Village consultants and staff, and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines the proposed change of use and modifications to the approved site plan to be minor in nature and adopts a Negative Declaration hereby ending the State Environmental Quality Review process; and Board of Trustees Meeting March 22,2011 Page 6 of 21 BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the site plan application for a change of use from retail to restaurant for 2,014 square feet of the existing shopping center. There was no further discussion on this matter. On a motion made by Trustee Toby L. Marrow, and seconded by Trustee Brown, 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 The second public hearing on the agenda was called before the Board; 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING THE BELLEFAIR MIDDLE INCOME DEVELOPMENT PROGRAM On a motion made by Trustee Marrow, and seconded by Trustee Brown, the public hearing was declared open. M r. 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 Mr. Christopher Bradbury, Village Administrator, addressed the Board. He reviewed the amended changes to Chapter 6 of the Village Code. Edward Beane, Esq., Village Counsel, also had some changes which he reviewed with the Board. Mayor Feinstein noted that Bellefair has been open for Board of Trustees Meeting March 22,2011 Page 7 of 21 over a decade. The middle income units are wonderful. An issue has arisen regarding the eligible individual and transfer of a unit which sparked this review. The Board discussed the problems with the deeds to the units, and the addition of individual's names, other than the eligible person, on deeds. The Board discussed the intent of the legislation. Attorney Beane noted that he tried to balance the issues. The Village is trying to preserve the original intent and strike a balance. Mayor Feinstein called for comments from the residents. Stephanie Greenwald of Bellefair addressed the Board. She noted that she moved here ten years ago. The houses were offered at a fair price and she and her husband, both teachers, were able to purchase a three bedroom unit. She stated that the change in the spirit of the law is quite disturbing to the owners of these middle income units and they have contacted counsel for assistance in understanding the Village's intent with these changes. She felt that an agreement was signed and cannot be changed. The homeowners are now stressed and feel like they are at the Village's mercy. Mark Greenwald addressed the Board. He asked the Board a series of questions so that the residents might understand the issues better. He noted that the minor changes being referred to were not minor. He is a teacher in the Blind Brook Schools where he has worked for the past 16 years. The concept of middle income housing provided a great opportunity for his family. If it were not for this opportunity they would have been living at least 45 minutes to an hour away. He made a plea for a continuance in order to allow the residents time to review, understand, and absorb the changes. He asked why this became an issue. Mayor Feinstein noted that when the discussions started about Bellefair, the notion of affordable housing was discussed. The Village knew this was a great opportunity. Unfortunately an issue with one of the units recently resulted in litigation. The Board has discussed ways to avoid this in the future. They also discussed the possibility of grandfathering the people who are there now. Mr. Bradbury noted that one person is the eligible owner. Mr. Beane felt that the changes did not change the original agreement. This law does not require anyone who lives there now to change anything. The impact of this law occurs when there is one person on the deed and that person is the eligible person. If that person passes away then anyone living there can now remain in the unit for five years. A hot topic is the issue of grandfathering. Board of Trustees Meeting March 22,2011 Page 8 of 21 Mr. Greenwald stated that he was not the spokesperson. He was trying to better understand the proposed changes and the effects. He felt that the term "family member" needs more clarification. Mr. Beane noted that the owner, the eligible individual, and family members must live there. If the units are being rented that is not fair. These changes were intended to fix some really bad abuses. Mr. Beane noted that he would use the input to create something that is acceptable to everyone. The issue of succession must be dealt with. Mr. Bradbury noted that the last four or five transfers only allowed the eligible person on the deed. Mr. Greenwald asked that no vote take place, but rather the matter be adjourned to allow for further discussion. Claudia Levy, whose husband is a teacher in the Blind Brook District, addressed the Board. She noted that she is also a teacher, and she teaches at the King Street School. The informational meetings held clearly stated what could or could not be done. The residents know that these houses cannot be given to their children. When a unit is sold the new purchaser needs to submit an Affidavit that no one will be on the deed other than the eligible individual. The Village is trying to protect the residents and the original intent of the units. Craig McGraw, firefighter, addressed the Board. He noted that he was single when he purchased the unit. Now he is married. He wants his wife to be secure. Mr. Beane noted that whether or not the wife is eligible if something were to happen to Mr. McGraw, she would have five years to live there. Mr. Beane noted that only the eligible person is supposed to be on the deed, but somehow other people were added to the deeds. The Village is trying to add protections that do not currently exist. Trustee Michael Brown noted that the intent of the changes is to tighten up some of the loopholes. This public meeting will remain open and no vote will be taken. This is a good opportunity to get input. An initial discussion was held and the goal was to try and protect everyone. This is affordable housing that accommodates people who could not otherwise afford to live in this community. When a person is no longer eligible, then there must be a way to make room for the next person. He was hopeful that an agreement could be reached that would satisfy all parties. Board of Trustees Meeting March 22,2011 Page 9 of 21 Trustee Rosenberg noted that he felt that it is wrong to force someone out of their homes after a loss. Renee Henry from Rye Patch addressed the Board. She noted that abuses were litigated and she felt that changing the law would create more litigation. The change in law seems to be impacting people who are complying with the law. Trustee Brown noted that the Board was trying to tighten up the loopholes to avoid any future litigation. The resident of 12 Highpoint Circle, a single mom, addressed the Board. She was concerned that if something happened to her that the person who became her children's legal guardian and her children could not stay in the home. Mayor Feinstein noted that this would be exactly the type of situation they were trying to avoid. Chris Genovese of 16 Highpoint Circle addressed the Board. His wife is the eligible person and they moved in as a family. He hoped that there was a way to protect him and his children, and not disrupt their education should something happen to his wife. Another resident presented her situation and asked what would happen to her adult children that lived with her if is something happened to her. Mr. Beane noted that the issue is whether or not the person who remains is eligible. Mayor Feinstein called for a motion to keep the public hearing open. On a motion made by Trustee Jeffrey Rednick and seconded by Trustee Brown, the meeting was adjourned to the first meeting in May. 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 Board of Trustees Meeting March 22,2011 Page 10 of 21 3) CONSIDERING THE ACCEPTANCE OF PLANTING IN THE VICINITY OF THE EDGEWOOD DETENTION BASIN BY THE OWNERS OF 15 EDGEWOOD DRIVE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE ACCEPTANCE OF PLANTINGS IN THE VICINITY OF THE EDGEWOOD DETENTION BASIN BY THE OWNERS OF 15 EDGEWOOD DRIVE WHEREAS, Lori and Sam Schwartzman, the owners of 15 Edgewood Drive desire to donate three (3) arborvitae and eight (8) laurocerasus schipkaensis to the Friends of Rye Brook to provide additional screening in the vicinity of the Edgewood Detention Basin. NOW, THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accept three (3) arborvitae and eight (8) laurocerasus schipkaensis, in the approximate value of $1,500, from Lori and Sam Schwartzman, the owners of 15 Edgewood Drive to be planted on Village property in the vicinity of the Edgewood Detention Basin; and be it FURTHER RESOLVED, the plantings will be coordinated with field conditions in consultation with the Acting Village Engineer; and be it FURTHER RESOLVED, Lori and Sam Schwartzman the owners of 15 Edgewood Drive and/ or their contractor will provide the proper insurance requirements in accordance with the Village's risk manager. Mayor Feinstein thanked the Schwartzman family for their generous offer. Mr. Bradbury noted that the location of the plantings is chosen by the Village Engineer. Marilyn Timpone Mohamed, Village Consultant, noted that the trees will be placed according to where they can be placed. If you plant them to close to other trees they will not survive. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting March 22,2011 Page 11 of 21 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 4. REFERRING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 558 WESTCHESTER AVENUE TO THE ZONING BOARD OF APPEALS Mr. Bradbury read the following resolution: RESOLUTION REFERRING A SPECIAL USE PERMIT AND SITE PLAN APPLICATION FOR 558 WESTCHESTER AVENUE TO THE ZONING BOARD OF APPEALS WHEREAS, Leonard Brandes ("Applicant") on behalf of property owner, Aventura Realty Corp., has made an application to the Village of Rye Brook for approval of a Special Use Permit and Site Plan to legalize existing offices and a parking lot on property located in the R-2F Zoning District at 558 Westchester Avenue, Section 135.83, Block 1, Lot 44 on the Town of Rye Tax Assessor's Map; and WHEREAS, the Planning Board reviewed the following plans and application materials: 1. Site Plan Application 2. Interior Building Pen-nit Application 3. Short Environmental Assessment Form 4. Record Zoning Location Map, Sheet RM-1, dated November 10, 2009 prepared by Ahneman Kirby, LLC, Riverside, CT 5. Architect's plans; Sheet SY-001, Site Plan, dated October 2010; and Sheet A-100, Proposed Floor Plans, dated "revised" October 29, 2010 prepared by Leonard H. Brandes, Architect, New York, NY 6. Engineer's Plan, prepared by Gabriel E. Senor, P.C. Hartsdale, N.Y.: Board of Trustees Meeting March 22,2011 Page 12 of 21 WHEREAS, the Village Planning Consultant, Village staff and the Planning Board reviewed the information and submitted comments regarding the site plan; and WHEREAS, the following planning comments were provided by the Village Planning Consultant: The application requires a considerable number of variances and/or waivers before it can be considered for approval, the most significant of which are related to the change of use, the number of professional offices proposed, and the parking and vehicular access requirements. Although there may be planning issues to be resolved, the nature and magnitude of the variances and waivers sought suggest that the application should be presented to the Zoning Board of Appeals for a determination before the application is reviewed by the Planning Board. With respect to the limited space on the lot available for parking and the very much higher number of parking spaces required by the district regulations, we believe that a parking demand study for the local area should be performed before any variances or waivers are considered. This study would look at parking demand on-site and in the streets surrounding the property throughout a typical weekday and also on Saturday; and WHEREAS, the site plan, as proposed, would require the following variances for approval of the site plan pursuant to a zoning analysis conducted by the Village Building Inspector: &250.25.c.(3). The maximum number of professional persons allowed are two (2) per dwelling, for a total of four (4) professional persons at this converted two family dwelling. The applicant proposes to legalize the existing offices occupied by a total of eight (8) professional persons. �250.25.C.(3)(a). The required number of off-street parking spaces are 3 for each office or suite of offices for a given tenancy, for a total of twelve (12) parking Board of Trustees Meeting March 22,2011 Page 13 of 21 spaces. The applicant proposes to legalize the existing office use providing a total of seven (7) parking spaces. X250-25.C.(3)(a). Public parking for such professional offices shall be from Bowman Avenue or from Westchester Avenue only. The applicant proposes to legalize the existing office use providing access to parking from Division Street. X250-25.C.(3)(b). The maximum allowable size for a sign identifying a professional office in a residential district shall not exceed two (2) square feet in area. The applicant is proposing to legalize the newly installed sign measuring eight point one two five (8.125) sq. ft. in area. X250-35.E.(Wa) / 250 Attachment 2, Table IL The minimum required setback for a sign in a residential district is twenty (20) feet, or one-half (1/2) the distance measured from the edge of the road to the front of the building, whichever is less. The applicant proposes to legalize the newly installed sign, setback one (1) foot from the front property line. X250-35(E.(1)(a) / Attachment 2, Table H. The maximum allowable height for a sign in a residential district is five (5) feet. The applicant proposes to legalize the newly installed sign measuring five foot nine inches (5'9") in height; and WHEREAS, the Board of Trustees believes that pursuant to §§ 179- 12(A) and (B) of the Village Code the application should be referred to the Zoning Board of Appeals for a determination on the use and area variances required before final special permit and site plan approval is given; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook, pursuant to the State Environmental Quality Review Act (SEQRA), and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be an Unlisted Action with uncoordinated review due to the necessity for a use variance; and Board of Trustees Meeting March 22,2011 Page 14 of 21 BE IT FURTHER RESOLVED, for the reasons stated herein, the Village of Rye Brook Board of Trustees hereby refers the special permit and site plan application listed herein, legalize existing offices and a parking lot located at 558 Westchester Avenue, to the Zoning Board of Appeals for a determination on the use and area variances; and BE IT FURTHER RESOLVED, once the determination has been made by the Zoning Board of Appeals regarding the area variances, the applicant shall return to the Board of Trustees for final special permit and site plan review with any revisions, if necessary, to the proposed project based upon the Zoning Board of Appeals determination. Mayor Feinstein noted that this application was referred to the Planning Board. The Zoning Board of Appeals will now review the application and make a decision on the variances, and then the matter will be back before the Board of Trustees. 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 5) REFERRING A PROPOSED SITE PLAN APPLICATION FOR A NATURAL GAS POWERED GENERATOR AT 555 WESTCHESTER AVENUE TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: Board of Trustees Meeting March 22,2011 Page 15 of 21 RESOLUTION REFERRING A PROPOSED SITE PLAN APPLICATION FOR A NATURAL GAS POWERED GENERATOR AT 555 WESTCHESTER AVENUE TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, 555 Westchester Avenue, LLC has submitted a Site Plan Application in connection with a Special Use Permit for approval of a standby natural gas powered generator; and WHEREAS, the Board of Trustees has final site plan authority pursuant to § 209-1(A)(1). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on April 26th 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed site plan amendment; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the proposed site plan amendment to the Planning Board for report and recommendation. It was noted that this property is the site of a Special Use Permit. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the resolution was adopted. 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 6) CONSIDERING THE DONATION OF FUNDS FOR A TREE AND MEMORIAL BENCH AT RYE HILLS PARK IN MEMORY OF PAULA BERTOLACCI Mr. Bradbury read the following resolution: Board of Trustees Meeting March 22,2011 Page 16 of 21 RESOLUTION CONSIDERING THE DONATION OF FUNDS FOR A TREE AND MEMORIAL BENCH IN HONOR OF PAULA BERTOLACCI WHEREAS, the Village of Rye Brook Highway employees desire to donate the funds for a memorial bench and tree to be planted in Rye Hills Park to the Friends of Rye Brook in honor of Paula Bertolacci. NOW, THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accepts a donation of$600, the value of a tree and memorial bench, from the Village of Rye Brook Highway Employees. Mayor Feinstein commended the Village employees on this memorial. On a motion made by Trustee Rednick, and seconded by Trustee Brown, 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 7) OVERVIEW OF THE 2011-12 TENTATIVE BUDGET AND SETTING A PUBLIC HEARING FOR APRIL 12, 2011 Mr. Bradbury read the following resolution: Board of Trustees Meeting March 22,2011 Page 17 of 21 RESOLUTION OVERVIEW OF THE 2011-2012 TENTATIVE BUDGET AND SETTING A PUBLIC HEARING FOR APRIL 12, 2011 RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 12, 2011 at 7:30 p.m. at Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2011-2012 Tentative Budget for the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the notice of public hearing shall state the time, place, purpose of the hearing, and that a copy of the tentative budget is available in the office of the Village Clerk, for inspection during regular office hours. Mr. Bradbury offered a very brief overview of the budget. He noted there have been meetings and discussions on this matter. All department heads worked very hard and, as required by law, the Tentative Budget was submitted on March 18th . The budget is available on the Village's website. This has been a very difficult budget to prepare. The goal was to maintain quality services. The budget includes capital projects. Rye Brook believes in reinvesting in the infrastructure. The Village's debt load is very low. Everything has been whittled down and the result is a budget that is sustainable and tight. The public hearing will be set for April 12"', and then there are two budget workshops scheduled. Mayor Feinstein thanked Mr. Bradbury and the department heads that worked on this budget. She invited everyone to the budget workshops. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the resolution was adopted. 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 Board of Trustees Meeting March 22,2011 Page 18 of 21 8) SETTING A PUBLIC HEARING TO CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 41 OF THE VILLAGE CODE REGARDING OFFICERS AND EMPLOYEES Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO CHAPTER 41 OF THE VILLAGE CODE REGARDING OFFICERS AND EMPLOYEES NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on April 12, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed amendments to Chapter 41 of the Village Code regarding officers and employees. Mr. Bradbury noted that this expands who would be considered for the position of police officer. The local municipalities can add counties that they would hire from. On a motion made by Trustee Rednick, 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 9) CONSIDERING BUDGET MODIFICATION Mr. Bradbury read the following resolution: Board of Trustees Meeting March 22,2011 Page 19 of 21 RESOLUTION BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1680.199 $ 4,600 (Special Items - (MIS— Contingency) Part Time Help) Mr. Bradbury noted that there is a part time employee that could continue to work for the Village if these fiends are transferred. On a motion made by Trustee Marrow, and seconded by Trustee Brown, the resolution was approved. 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 10. CONSIDERING THE APPROVAL OF MINUTES: FEBRUARY 16, 2011 Mayor Feinstein called for changes and/or comments to the February 161h summary. As all changes have been submitted, she called for a motion to approve. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the minutes were approved as amended. Board of Trustees Meeting March 22,2011 Page 20 of 21 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 ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Village is out there patching the roads. This winter has taken a toll on the roadways, and it is not over yet. The salter was out yesterday and with more snow coming, it is expected that there will be additional salting. The Village is spending quite a bit of money on the asphalt for the potholes, but these repairs are necessary. The sluice gate project in Rye is picking up steam again. The next step is an application to be submitted to the Planning Board by the City of Rye. A storm water management law has been proposed by the County. A reconnaissance plan is being identified and all projects to be funded can be presented. The Rye Hills project will go out to bid shortly. More information will be available in the next few weeks. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she called for a motion to adjourn and go into executive session. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the meeting was adjourned at 9:35 p.m. Board of Trustees Meeting March 22,2011 Page 21 of 21