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HomeMy WebLinkAbout2011-06-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 28, 2011-7:30 P.M. AGENDA 7:00 P.M.–Executive Session– Personnel & Litigation ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARING RESOLUTIONS: (1) Considering an application for the removal of significant trees at 185 Country Ridge Drive (2) Considering approving an agreement with MySeniorCenter (3) Considering a modification to the License and Permit Fee Schedule (4) Setting a public hearing on a proposed local law amending Chapter 240 of the Village code regarding parking regulations ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: (1) Sidewalk policy throughout the village ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting June 28,2011 Page 1 THE NEXT REGULAR TRUSTEES MEETINGS: July 12 and July 26, 2011 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Feinstein welcomed everyone to the June 28, 2011 regular meeting of the Board of Trustees. She called for the first item on the agenda: RESOLUTIONS: (1) CONSIDERING AN APPLICATION FOR THE REMOVAL OF SIGNIFICANT TREES AT 185 COUNTRY RIDGE DRIVE Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION CONSIDERING AN APPLICATION FOR THE REMOVAL OF SIGNIFICANT TREES AT 185 COUNTRY RIDGE DRIVE WHEREAS, Mr. and Mrs. James D. Marshall the owners of 185 Country Ridge Drive, Rye Brook applied for a Tree Removal Permit for a forty-two (42) inch diameter, one hundred fifteen (115) foot high White Oak and a forty (40) inch diameter, one hundred seven (107) foot high White Oak Significant Trees at said property on October 20, 2010; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said trees are considered a Significant Trees. Board of Trustees Meeting June 28,2011 Page 2 NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approve the Tree Removal Permit application made by Mr. and Mrs. James D. Marshall for the removal of the following: Forty-two (42) inch diameter, one hundred fifteen (115) foot high White Oak; and be it FURTHER RESOLVED, the Board of Trustees hereby approve the Tree Removal Permit application made by Mr. and Mrs. James D. Marshall John for the removal of the following: A forty (40) inch diameter, one hundred seven (107) foot high White Oak; and be it FURTHER RESOLVED, the Village of Rye Brook hereby approves the replanting plan submitted by Mr. and Mrs. James D. Marshall the homeowners in consultation with the Village Engineer to replant three (3) 2 to 2-1/2 inch Sugar Maple and three 2 to 2-1/2 inch Red Maple at said property as required by section 235-18 of the Village Code. Mayor Feinstein noted that the applicant was not in attendance. Procedure is to have the applicant in attendance to make a presentation and respond to questions. Trustee Michael Brown noted that he had questions on the application and the questions that he had pertain to this application, and future applications. He felt that the Board should discuss this application. Trustee Paul Rosenberg noted that he was prepared to vote on this resolution because of safety reasons. Trustees Jeffrey Rednick and Toby Marrow both agreed, and said they were concerned about the condition of the trees. Mr. Michal Nowak, Acting Village Engineer, addressed the Board. He noted that the trees in question are significant trees. One tree was hit by lightening as evidenced by the striping on the tree. When lightening strikes a tree the damage can be visible or delayed. In this case the tree is in full bloom with a full crown, but it shows scarring from the lightening strike. The biggest issue in this case is the wound and the decay that is associated with the wound. The heartwood is exposed to the elements. These trees are approximately 110' tall. The tree will succumb to insects and rot in the area of the wound. Then it will fail, but no one knows when. There is no treatment that can be applied to the wounds. Mr. Nowak noted that the 40' tree shows an infection of armorial. It affects Oak Trees and there is no treatment for this bacterial fungus. It affects the root zones of the tree causing the tree to eventually fall over. Board of Trustees Meeting June 28,2011 Page 3 Mayor Feinstein noted that the trees are approximately 110' tall. White Oaks can grow to up to 150'. She asked Mr. Nowak for his recommendation. Mr. Nowak responded that there is a risk. It is a tough choice. The trees are beautifully but there is nothing that can be done to help these trees. These trees have been monitored over the years. These are some of the tallest trees in the Village. Trustee Brown asked why the trees were monitored. Mr. Nowak noted that sometimes homeowners raise concerns and, in this case a large branch fell. He has kept in touch with these homeowners about these trees. The trees have deteriorated over the past two years. Trustee Brown asked if the trees could potentially last another ten years. Mr. Nowak noted that he could not give a timeframe. A tree that has been struck by lightening has suffered a trauma and, once the heartwood has been exposed, it will eventually fall. A tree of the caliber of the applicants' is at maturity. The only way to really do a full blown hazard evaluation is to get into a bucket and go to the top of the tree. The homeowner has a fear that the trees will fall. These are huge trees with huge impacts. Mayor Feinstein noted that there is a replanting plan. Mr. Nowak noted that the replanting plan includes Sugar Maples and Red Maples. These trees will be about 10' to 12' tall. They can grow up to 8" to 10" per year. In five years these trees can double in size. The can grow up to 80' tall and 60" in width. The replanting plan was done in consultation with the applicants' arborist. This plan provides enough trees in the front, and a good balance of trees. The streetscape will look different when the trees are removed. Mayor Feinstein thanked Mr. Nowak for his presentation. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. 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 June 28,2011 Page 4 2) CONSIDERING APPROVING AN AGREEMENT WITH MYSENIORCENTER Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION CONSIDERING APPROVING AN AGREEMENT WITH MYSENIORCENTER WHEREAS, the Village of Rye Brook Seniors Services Coordinator desires to purchase a computer program for the AJP Community Center that streamlines processes in the area of daily sign in, registering for lunches, classes, programs and general record keeping. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Administrator are hereby authorized to sign any documents necessary for an agreement with MySeniorCenter subject to the satisfaction of the Village Attorney. Mayor Feinstein noted that this matter was on the agenda previously. It was adjourned to review the advertising on the computer program. The Board has tested the program. Edward Beane, Esq., Village of Counsel, noted that an issue was that the vendor did not have control of the advertising. The support will include updates and carries a cost of$1200.00. Mr. Bradbury noted that there will be disclaimers. The program is not being developed for Rye Brook. It is "off the shelf" On a motion made by Trustee Rednick, and seconded by Trustee Brown, 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 June 28,2011 Page 5 3) CONSIDERING A MODIFICATION TO THE LICENSE AND PERMIT FEE SCHEDULE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE WHEREAS, the Village of Rye Brook would like to simplify the procedures for obtaining a tent permit by modifying its License and Fee Schedule to allow for applicants to obtain all permits prior to the event being held. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule is hereby modified as follows: SUBJECT 2011-12 FEE NOTES $289 Application for Tent Permit $75 Residential/$150 Commercial Residential Tent Permit including C/O Fee: $100+$50/addtl tent Expires 5 Days after Event Commercial Tent Permit including C/O Fee: $200+$100/addtl tent Expires 5 Days after Event Mr. Bradbury noted that these changes will simplify the process as tents can become complicated. 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 Board of Trustees Meeting June 28,2011 Page 6 4) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING REGULATIONS Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING NO PARKING ON CRESCENT PLACE AND GRANT STREET NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 12, 2011 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law amending Chapter 240 of the Village Code regarding no parking on Crescent Place and Grant Street. Mayor Feinstein noted that residents are encouraged to make recommendations. The residents on Crescent and Grant Street will be notified of this public hearing. 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 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye An additional resolution was added to the agenda: 5) AUTHORIZING A LETTER DEMAINDING COMPLIANCE WITH §186- 2(A) OF THE VILLAGE CODE Mr. Bradbury read the following resolution: Board of Trustees Meeting June 28,2011 Page 7 RESOLUTION AUTHORIZING A LETTER DEMANDING COMPLIANCE WITH §186-2(A) OF THE VILLAGE CODE WHEREAS, every owner, tenant, occupant or person legally in possession of land in the Village of Rye Brook, is obligated to maintain such property in accordance with §186-2(A) of the Village Code so as to keep such property clear of unsightly or objectionable materials which are or might tend to become health, safety or fire hazards removed from such land and to maintain the growth of grasses and shrubs; and WHEREAS, the Building Inspector has advised the Board of Trustees that properties located at 117 '/z North Ridge Street within the Village of Rye Brook are currently in violation of§186-2(A) of the Village Code. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Village Code §186-2(B), the Board of Trustees of the Village of Rye Brook shall cause to be served the owners of 117 '/z North Ridge Street by mail a written notice requiring such owners to comply with the provisions of Village Code §186- 2(A); and be it FURTHER RESOLVED, that if either such owner fails, neglects or refuses to comply within five days after service of such notice, the Director of Public Works shall cause the violation to be corrected and the owner shall pay to the village all costs in connection with such correction within 30 days after the completion thereof. If the owner does not remit payment within the thirty (30) day period, the costs incurred by the Village to correct the violation shall become a lien on the premises located at 117 �/z North Ridge Street in accordance with the provisions of Section 186-2(B) of the Village Code and the Village Attorney shall proceed to impose said lien and/or utilize other legal remedies to secure reimbursement of these costs. Trustee Rosenberg felt that this issue did not need to come before the Board every time the owner fails to comply with the Village Code. This is a repetitive situation. Mr. Beane noted that this property is owned and controlled by a very large bank, and they do not care about the maintenance. Mr. Bradbury pointed out that mowing the lawn means that someone has to go on private property. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the resolution was adopted. Board of Trustees Meeting June 28,2011 Page 8 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 asked for the permission of the Board to make a change to the meeting schedule for August. The Board cancelled the second meeting in August and change the date to Wednesday, August 17, 2011 to accommodate vacation schedules. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the change 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 ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the Rye Brook Birthday celebration was a great event and there was an excellent turnout The Village offices will be closed on Monday for the 4th of July. Mr. Bradbury noted that the 2% tax cap has been approved by New York State. There is information on the Village's website about this issue, and the Village is researching how this will impact us. There is a new even scheduled for August 6th at 6:00 pm. at Pine Ridge Park: Shakespeare in the Park. All residents are invited. Board of Trustees Meeting June 28,2011 Page 9 DISCUSSION ITEM: 1) SIDEWALK POLICY THROUGHOUT THE Village of Rye Brook Mr. Bradbury noted that this matter has been discussed for many years. There are sidewalks throughout the Village. The maintenance of the existing sidewalks falls on the homeowner. The Village has been able to obtain several grants over the years. Technically, under the Village Code, maintenance falls on the homeowners, however, over the years the Village has been able to procure grants for several sidewalk projects. There are some areas of the Village that have sidewalks in sections. The Village's staff has tried to highlight were there are sidewalks, where there are partial sidewalks, and where there are no sidewalks. For the most part, the Village should keep sidewalks on the main thoroughfares. There are a few small areas from schools to a main street where sidewalks should be installed. Mayor Feinstein noted that there is an area on Westchester Avenue that does not have sidewalks and the school brought this to the Village's attention. There have been meetings with the Port Chester School System regarding maintenance of sidewalks. A grant was applied for regarding installation of sidewalks near the Port Chester High School, but the funding was cut back and the sidewalks were not installed. There is no connection from the High School to Ridge Street. Hillcrest has some sidewalks, but not continuous to Westchester Avenue. Mayor Feinstein noted that the Board would like to hear from the residents. A dialogue should be opened . She called upon members of the public wishing to address this subject. Mr. Ben Miloro, of Hillcrest Avenue, addressed the Board. He noted that there are patches of sidewalks on Hillcrest. This means that the children walk in the street. He felt that this was a safety issue. Mayor Feinstein asked that this matter be placed on the agenda for the second meeting in July. Mayor Feinstein called for anyone wishing to address the Board. There being no one, she called for a motion to go into an Executive Session. Board of Trustees Meeting June 28,2011 Page 10 On a motion made by Trustee Brown, and seconded by Trustee Rednick, the meeting was adjourned at 8:50 p.m. and the Board went into Executive Session. 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 June 28,2011 Page 11