HomeMy WebLinkAbout2011-05-24 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, MAY 24, 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 a proposed site plan application for a natural gas
powered generator at 555 Westchester Avenue
2. Public Hearing to consider a proposed local law amending Chapter 186 of
the Village Code regarding property maintenance
3. Public Hearing to consider a proposed local law amending the amnesty
program for work performed or completed without a permit
RESOLUTIONS:
1) Considering A Proposed Site Plan Application For A Natural Gas Powered
Generator At 555 Westchester Avenue
2) Setting A Public Hearing To Consider A Proposed Local Law Amending
Chapter 186 Of The Village Code Regarding Property Maintenance
3) Considering a proposed local law amending the amnesty program for work
performed or completed without a permit
4) Consenting to an appointment to the Town of Rye Board of Assessment
Review
Board of Trustees Meeting
May 24,2011
Page 1 of 16
5) Considering the submission of a Westchester County Community Block
Grant (CDBG) program application for facility improvements at the AJP
Community Center
6) Considering the submission of a Westchester County Community
Development Block Grant (CDBG) program for facility improvements at
Garibaldi Park
7) Considering a budget modification—asphalt
8) Considering the approval of minutes: April 12, April 26, and May 12, 2011
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEMS
THE NEXT REGULAR TRUSTEES MEETINGS: June 14 and June 24, 2011
BOARD: Trustee Michael S. Brown
Trustee Toby S. Marrow
Trustee Jeffrey B. Rednick
Deputy Mayor Paul S. Rosenberg
Excused: Mayor Joan L. Feinstein
STAFF: Christopher J. Bradbury, Village Administrator
Edward Beane, Esq., Village Counsel
Gregory Austin, Chief of Police
Michal Nowak, Acting Village Engineer
Fred Seifert, Public Access Coordinator
Paula Patafio, Meeting Secretary
Deputy Mayor Paul Rosenberg welcomed everyone to the Tuesday, May 24, 2011
Regular Meeting of the Board of Trustees. He noted that Mayor Feinstein was
excused from the meeting.
Deputy Mayor Rosenberg called for a moment of silence for the grandmother of
Trustee Michael Brown who recently passed away.
Board of Trustees Meeting
May 24,2011
Page 2 of 16
The first item on the agenda was called before the Board:
PUBLIC HEARING:
1) PUBLIC HEARING TO CONSIDER A PROPOSED SITE PLAN
APPLICATION FOR A NATURAL GAS POWERED GENERATOR
AT 555 WESTCHESTER AVENUE
Mr. Christopher Bradbury, Village Administrator, gave a brief overview of
the proposed application.
Mr. Russo, of Russo and Borrelli, the applicant, addressed the Board. He
noted that this application has been before the Planning Board. The
generator was sited elsewhere on the property, but it was relocated and
additional screening has been proposed.
Trustee Michael Brown questioned the hours that the generator would run.
Mr. Russo noted that the times imposed would be fine. The generator is
programmed to go off at a certain time. The Board briefly discussed
running of the generator, per specifications from the manufacturer. The
goal is to minimize disturbance of the neighbors.
Deputy Mayor Rosenberg called for members of the public wishing to
address the Board on this matter. There being no one, he called for
comments from the board members, or a motion to close the public hearing.
On a motion made by Trustee Toby Marrow, and seconded by Trustee
Brown, the public hearing was closed.
Mr. Christopher Bradbury, Village Administrator, called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
Deputy Mayor Rosenberg called for the resolution on this matter:
1) CONSIDERING A PROPOSED SITE PLAN APPLICATION FOR A
NATURAL GAS POWERED GENERATOR AT 555
WESTCHESTER AVENUE
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
May 24,2011
Page 3 of 16
RESOLUTION
CONSIDERING A PROPOSED SITE PLAN APPLICATION FOR A NATURAL
GAS POWERED GENERATOR AT 555 WESTCHESTER AVENUE
WHEREAS, the Board of Trustees is in receipt of a Site Plan Application by 555
Westchester Avenue, LLC for approval of a standby natural gas powered generator at
property located at 555 Westchester Avenue, designated as Section 135.83, Block 1, Lot 14
on the Town of Rye Tax Map and located in the R-2F (Residential Two Family) Zoning
District (the "Property"); and
WHEREAS, the Property is the subject of an existing Special Use Permit approved
by the Board of Trustees on October 27, 1987 to permit the use of the premises "as
professional offices for insurance and real estate purposes" however the Site Plan
Application does not request amendments to the Special Permit; and
WHEREAS, the Board of Trustees is the Approval Authority for the application in
accordance with Sections 179-2 and 209-1(A)(1) of the Village Code; and
WHEREAS, the Board of Trustees reviewed the following plans and application
materials:
1. Site Plan Application;
2. Exterior Building Permit Application;
3. Short Environmental Assessment Form, dated April 13, 2011;
4. Topographic Plan, Sheet T-1, dated November 3, 2010 prepared by
Ahneman Kirby,LLC, Riverside, CT;
5. Architect's plans: Sheet S-1, entitled Site Plan, Landscaping Details, dated
September 28, 2010, last revised April 26, 2011, prepared by Arconics
Architecture, P.C., Rye Brook,NY;
6. Letters from Arconics Architecture, P.C. to the Planning Board, dated April
14, 2011 and April 28, 2011; and
WHEREAS, at its March 22, 2011 meeting, the Board of Trustees referred the Site
Plan Application to the Planning Board for report and recommendation; and
WHEREAS, at its April 14, 2011 and May 12, 2011 meetings, the Planning Board
heard from the Applicant and considered the Applicant's proposal for the placement of an
emergency generator and adopted a resolution recommending approval of Site Plan
Application subject to the following condition:
1. Due to the proximity of the existing air conditioning units to the proposed
location of the generator and the potential cumulative noise impacts, the
Planning Board recommends the Board of Trustees impose as a condition of site
plan approval limitations on the days and hours during which the proposed
generator may be exercised to minimize disturbance to neighbors; and
Board of Trustees Meeting
May 24,2011
Page 4 of 16
WHEREAS, on May 24, 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 May
24, 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
BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees
approves the Site Plan Application for the placement of a standby natural gas powered
generator at property located at 555 Westchester Avenue on the following condition:
1. The Applicant,if possible, should exercise the generator Monday through Friday
during the daytime house of 11:00 a.m. to 3:00 p.m. on a limited basis, one day
per week not more than 20 minutes in duration in order to mitigate noise levels
There was no additional discussion on the resolution.
On a motion made by Trustee Brown, and seconded by Trustee Marrow, the
resolution was adopted.
Mr. Bradbury 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
Deputy Mayor Rosenberg called for the second public hearing on the agenda:
Board of Trustees Meeting
May 24,2011
Page 5 of 16
2) CONSIDERING A PROPOSED LOCAL LAW AMENDING
CHAPTER 186 OF THE VILLAGE CODE REGARDING
PROPERTY MAINTENANCE
On a motion made by Trustee Marrow, and seconded by Trustee Jeffrey
Rednick, the public hearing was declared open.
Mr. Bradbury called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul Rosenberg Voting Aye
Deputy Mayor Rosenberg noted that this change would simply allow the
Village to deal with graffiti.
Mr. Beane noted that there are difficulties for the Village because of certain
aspects of the Village's Code. State law covers more property
maintenance; this law deals with graffiti. The portion of this law is taken
from State law and broadened in scope.
Deputy Mayor Rosenberg called for members of the public wishing to
address the Board. There being no one, he turned to the Board for
comments and/or a motion to close the public hearing.
On a motion made by Trustee Michael Brown, and seconded by Trustee
Marrow, the public hearing was closed.
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
The resolution for the above matter was called before the Board:
Board of Trustees Meeting
May 24,2011
Page 6 of 16
2) CONSIDERING A PROPOSED LOCAL LAW AMENDING
CHAPTER 186 OF THE VILLAGE CODE REGARDING
PROPERTY MAINTENANCE
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 186
OF THE VILLAGE CODE REGARDING PROPERTY MAINTENANCE
WHEREAS, on May 24, 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 May 24, 2011.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees hereby approves the local law amending Chapter 186 of the
Village Code regarding property maintenance.
Mr. Bradbury noted that when dealing with issues regarding graffiti, state
law must be followed. This resolution will create Village law so that the
Building Department can properly address this issue.
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
Deputy Mayor Paul S. Rosenberg Voting Aye
Deputy Mayor Rosenberg called for the third public hearing on the agenda.
3) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW
AMENDING THE AMNESTY PROGRAM FOR WORK
PERFORMED OR COMPLETED WITHOUT A PERMIT
Board of Trustees Meeting
May 24,2011
Page 7 of 16
On a motion made by Trustee Rednick, and seconded by Trustee Brown,
the public hearing was opened.
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
Mr. Bradbury noted that there is an amnesty program in place, that
encourages people who have done work without a permit to come in and it
grants relief of the administrative fee for work done without a permit. A
small project would not need to go through the notification process. The
program was set to expire, and this local law will extend the program
another year. This issue was discussed at a prior Board of Trustees
meeting.
It was noted that Mr. Bradbury received a letter from the President of the
Arbors requesting that this program be extended. The program is available
to all residents. When residents go to sell their home title issues come up
when work has been done without a permit. It is a safety issue as well.
There being no further discussion on this matter, and no members of the
public wishing to comment on it, Deputy Mayor Rosenberg called for a
motion to close the public hearing.
On a motion made by Trustee Rednick, and seconded by Trustee Marrow,
the public hearing was closed
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul S. Rosenberg Voting Aye
Resolution #3 was called before the Board:
Board of Trustees Meeting
May 24,2011
Page 8 of 16
3) CONSIDERING A PROPOSED LOCAL LAW AMENDING THE
AMNESTY PROGRAM FOR WORK PERFORMED OR
COMPLETED WITHOUT A PERMIT
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A PROPOSED LOCAL LAW AMENDING THE
AMNESTY PROGRAM FOR WORK PERFORMED OR COMPLETED
WITHOUT A PERMIT
WHEREAS, on May 24, 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 May 24, 2011.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees hereby approves the local law amending the amnesty program for
work performed or competed without a permit.
There was no further discussion on this matter.
On a motion made by Trustee Rednick and seconded by Trustee Brown, the
following resolution was adopted.
Mr. Bradbury called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul Rosenberg Voting Aye
4) CONSENTING TO AN APPOINTMENT TO THE TOWN OF RYE
BOARD OF ASSESSMENT REVIEW
Mr. Bradbury read the following resolution:
CONSENTING TO AN APPOINTMENT TO THE
TOWN OF RYE BOARD OF ASSESSMENT REVIEW
Board of Trustees Meeting
May 24,2011
Page 9 of 16
WHEREAS, there is an existing agreement between the Town of
Rye and the Villages of Rye Brook and Port Chester, describing the method
of appointment for members of the Town of Rye Board of Assessment
Review; and
WHEREAS, in accordance with this agreement, the Town of Rye
has recommended to the Village of Rye Brook the re-appointment of Brian
Niles to serve a five (5) year term on the Town of Rye Board of
Assessment Review, and
WHEREAS, the Village of Rye Brook must approve a resolution
consenting to this appointment in order for the Town of Rye to officially
make the appointment.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye
Brook Board of Trustees hereby consents to the appointment of Brian Niles
of 70 Rock Ridge Drive, Rye Brook, NY, to serve as the Town of Rye
Designated Member to the Board of Assessment Review (BAR) for a term
of five (5) years, which term began on October 1, 2010 and will expire on
September 30, 2015, in accordance with the inter-municipal agreement
among the Town of Rye, the Villages of Rye Brook and Port Chester; and
BE IT FURTHER RESOLVED, that a copy of this resolution shall
be forwarded by the Village Administrator/Clerk to the Town of Rye for
approval.
Deputy Mayor Rosenberg called for an Executive Session to discuss this
matter with the Board. On a motion made by Trustee Rednick, and
seconded by Trustee Brown, the Board went into an Executive Session.
Upon the Board's return, Deputy Mayor Rosenberg noted that this
appointment is to the Town of Rye. The Board of Assessment Review is a
very important Board, especially since the Village is in the middle of a re-
valuation.
Mr. Bradbury noted that currently the 2011 property assessment is in
process. The informal process ended on May 20th. Now residents must
make a formal request for review. The timeframe for making this formal
request is June 1 st through June 21 st
Board of Trustees Meeting
May 24,2011
Page 10 of 16
Deputy Mayor Rosenberg noted that Mayor Feinstein wrote a letter to the
Westmore News on this issue. It is important for all residents to be aware
of these changes.
Deputy Mayor Rosenberg called for a motion and second to approve the
resolution.
On a motion made by Trustee Marrow and seconded by Trustee Brown, the
resolution was adopted.
Mr. Bradbury called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul Rosenberg Voting Aye
5) CONSIDERING THE SUBMISSION OF A WESTCHESTER
COUNTY COMMUNITY BLOCK GRANT (CDBG) PROGRAM
APPLICATION FOR FACILITY IMPROVEMENTS AT THE AJP
COMMUNITY CENTER
Mr. Bradbury read the following resolution:
APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
APPLICATION FOR FACILITY IMPROVEMENTS AT THE AJP
COMMUNITY CENTER
WHEREAS, the Village of Rye Brook is a member of the
Westchester County Urban County Community Development Block Grant
(CDBG) program; and
WHEREAS, the CDBG Program has been successful in
Westchester County by providing assistance to municipalities; and
WHEREAS, the Village of Rye Brook is interested in facility
improvements at the AJP Community Center; and
Board of Trustees Meeting
May 24,2011
Page 11 of 16
WHEREAS, on May 24, 2011 the Board of Trustees conducted a
public meeting at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to said applications.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook hereby approves the application to the
Westchester County CDBG Program for funding assistance in providing
facility improvements to the AJP Community Center; and be it
FURTHER RESOLVED, that the Village Administrator is
authorized to take all appropriate steps to submit the application for funding
to the Westchester County CDBG Program in the amount of $139,500 for
the above described purpose with a Rye Brook contribution of$46,500 for
a total proposed project cost of$186,000.
Applications are made to the Community Development Block Program and
they very frequently fund projects within the Village. They funded a large
portion of the AJP construction, as well as the purchase of the Van. The
County receives money from the Federal government. This resolution is
approval to submit an application for the funds.
Mr. Bradbury gave an overview between the difference of accepting the
money and receiving it. Certain conditions must be satisfied in order to
receive the funding.
Edward Beane, Esq., Village Counsel, noted that in the original agreement
between the County and the Village there were a number of provisions that
basically tied the CDBG agreement to the housing settlement. One
provision made the agreement open ended and put it in the hands of the
Federal government. Any municipality that accepts these funds cannot in
any way restrict housing — other than through the settlement. Because of
the efforts of Mr. Bradbury, the language has been changed. Now the
agreement runs through August 10, 2016.
Mr. Bradbury noted that everything will be subject to the original project
agreement. The County will sign onto this agreement in concept and the
Village is to assume that the agreement signed to accept the funding will
have this language.
Mr. Bradbury noted that the Village must make a 25% contribution to this
project. Deputy Mayor Rosenberg noted that $186,000 is an estimated
amount for the project.
Board of Trustees Meeting
May 24,2011
Page 12 of 16
On a motion made by Trustee Brown and seconded by Trustee Rednick, the
resolution was adopted.
Mr. Bradbury called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul Rosenberg Voting Aye
6) CONSIDERING THE SUBMISSION OF A WESTCHESTER
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM FOR FACILITY IMPROVEMENTS AT
GARIBALDI PARK
Mr. Bradbury read the following resolution:
RESOLUTION
APPROVING THE SUBMISSION OF A WESTCHESTER COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
APPLICATION FOR THE FACILITY IMPROVEMENTS AT GARIBALDI
PARK
WHEREAS, the Village of Rye Brook is a member of the
Westchester County Urban County Community Development Block Grant
(CDBG) program; and
WHEREAS, the CDBG Program has been successful in
Westchester County by providing assistance to municipalities; and
WHEREAS, the Village of Rye Brook is interested in
improvements at Garibaldi Park; and
WHEREAS, on May 24, 2011 the Board of Trustees conducted a
public meeting at which time all persons interested were given an
opportunity to speak on behalf of or in opposition to said applications.
Board of Trustees Meeting
May 24,2011
Page 13 of 16
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook hereby approves the application to the
Westchester County CDBG Program for funding assistance in providing
improvements at Garibaldi Park; and be it
FURTHER RESOLVED, that the Village Administrator is
authorized to take all appropriate steps to submit the application for funding
to the Westchester County CDBG Program in the amount of $156,452.69
for the above described purpose with a Rye Brook contribution of
$52,150.90 for a total proposed project cost of$208,603.58.
Deputy Mayor Rosenberg noted that this grant application is for
improvements at Garibaldi Park, and the conditions are the same as the
prior resolution. The proposed work is for site prep, drainage, main
pathway, and a new playground. Although the baseball field has been
updated over the years, the last renovation of playground area was in 1996.
There will be a different sub-surface.
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
Deputy Mayor Paul Rosenberg Voting Aye
7) CONSIDERING A BUDGET MODIFICATION—ASPHALT
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A BUDGET MODIFICATION - ASPHALT
Board of Trustees Meeting
May 24,2011
Page 14 of 16
RESOLVED, that the following budget modifications are hereby
approved:
FROM TO AMOUNT
101.1990.424 101.5110.412 $ 14,000
(Special Items - (St. Maint Supplies)
Contingency)
Mr. Bradbury noted that this is a transfer from the contingency fund for
work done on pothole repair. This will be a major job for the Highway
Department who will be working on thoroughly patching some problem
areas.
On a motion made by Trustee Brown and seconded by Trustee Rednick, 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
Deputy Mayor Paul Rosenberg Voting Aye
8) CONSIDERING THE APPROVAL OF MINUTES:
April 12, April 26, and May 12, 2011
Pending major corrections and substantive changes, the summaries were
approved.
On a motion made by Trustee Brown, and seconded by Trustee Marrow,
the summaries were approved.
The roll was called:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul Rosenberg Voting Aye
Board of Trustees Meeting
May 24,2011
Page 15 of 16
ADMINISTRATOR'S REPORT:
Mr. Bradbury noted that Rye Brook's Birthday celebration was scheduled for
Saturday, June 18th. Everyone is welcome. He also noted that Village Hall would
be closed for Memorial Day, Monday, May 30th
Mr. Bradbury noted that the heavy rainfalls have saturated the soils and there has
been some flooding throughout the Village. The Edgewood detention basin held
back most of the storm water and if it was not there the flooding would have been
worse. The basin filled up with a million gallons of water. That water would have
ended up in the people's backyards and basements.
Deputy Mayor Rosenberg announced that the next Board of Trustee meetings
were scheduled for June 14, 2011 and June 28, 2011.
Deputy Mayor Rosenberg called for members of the public wishing to address the
Board. There being no one, he called for a motion to go into an Executive Session
to discuss potential litigation.
On a motion made by Trustee Marrow, and seconded by Trustee Brown, the
meeting was adjourned at 8:46 p.m., and the Board entered into an Executive
Session.
Mr. Bradbury called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Toby S. Marrow Voting Aye
Trustee Jeffrey B. Rednick Voting Aye
Deputy Mayor Paul Rosenberg Voting Aye
Board of Trustees Meeting
May 24,2011
Page 16 of 16