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HomeMy WebLinkAbout2011-10-11 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 11, 2011-7:30 P.M. AGENDA 7:00 P.M.—Executive Session— Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARING: 1. 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 local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program (2) Referring a site plan application by the King Street Home to the Planning Board for report and recommendation (3) Setting a public hearing to considering for United Water Westchester Inc.'s Site Plan Application to install seven (7) automatic water meter reading sites (4) Considering the approval of minutes — July 12, July 26 & August 18, 2011 ADMINISTRATOR'S REPORT OLD BUSINESS Board of Trustees Meeting October 11,2011 Page 1 of 10 NEW BUSINESS: Little League Signage at Pine Ridge Park DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: October 25 &November 8, 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 Edward Beane, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein called the October 11, 2011 regular meeting of the Board of Trustees to order. She called for the continuation of the public hearing regarding the BelleFair Middle Income Development Program. PUBLIC HEARING: 1) Public hearing to consider a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program Mayor Feinstein noted that at the last meeting a discussion regarding what would happen if the eligible person, the individual who purchased the unit, goes to Florida for six months out of the year. Village Counsel was asked to tweak the language of the local law to cover this type of situation. She read the local law for the members of the public. Board of Trustees Meeting October 11,2011 Page 2 of 10 Mr. Christopher Bradbury, Village Administrator, noted that there were other changes regarding the individuals listed on the deed. These changes will be in effect going forward and are not retroactive. Edward Beane, Esq., Village Counsel, stated for clarity that the way the deeds read now will remain the same. The proposed changes to the deeds are not retroactive but will be in effect for all future owners of the units. Mark Greenwald, of BelleFair, addressed the Board. He questioned what happens when the eligible individual becomes a retiree. Mayor Feinstein noted that there are no triggering events. The eligible individual is allowed to remain provided that they are abiding by the rules. Claudia Levy of BelleFair addressed the Board. She asked what would happen if she was out of the unit for a few months out of the year. Attorney Beane stated that if the unit is empty that is fine. However, if the owner sublets the unit, then that is the problem. The intent is that the eligible individual must reside in the unit. Trustee Michael Brown reiterated that the owner must reside in the unit. He questioned who would be responsible for enforcement. Attorney Beane noted that the Administrator makes the decision regarding hardship waivers, and that can be expanded to include enforcement. Trustee Brown questioned what can be done if someone violates the intent of these units. Attorney Beane responded that a fine is the less drastic punishment. The first step should be a fine. Forcing someone to sell is harder to succeed at. All new owners should be aware of the local law. Trustee Brown wanted to be sure that there was guidance regarding the intent; what recourse should be taken. Attorney Beane noted that this law will be filed, and the declaration will be sufficiently binding. Mayor Feinstein noted that there were two issues: violation of the local law and what the word reasonable means. It is important that the original intent is followed. Chris Dunigan of BelleFair addressed the Board. He wanted to be sure that the Village has resolved the issues that brought this matter to the Board's attention. Trustee Paul Rosenberg noted that a lot of progress was made in connection with the local law. He discussed reasonable time away from the unit. He Board of Trustees Meeting October 11,2011 Page 3 of 10 felt that if the eligible individual becomes a resident of another state, then that should be what triggers the violation. Mayor Feinstein felt that this matter should be adjourned to the November 22, 2011 meeting to allow for additional review. She called for a motion to adjourn. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the public hearing was adjourned to November 22, 2011. 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 resolution Considering a proposed local law amending Chapter 6 of the Village Code regarding the BelleFair Middle Income Development Program was adjourned as the public hearing remains open. Mayor Feinstein called for item #2 on the agenda: RESOLUTION: 1) Referring a site plan application by the King Street Home to the Planning Board for report and recommendation Mr. Bradbury read the following resolution: Board of Trustees Meeting October 11,2011 Page 4 of 10 RESOLUTION REFERRING AN APPLICATION FOR A PROPOSED SITE PLAN AMENDMENT TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, King Street Nursing Home has submitted an Application for a Site Plan Amendment to legalize a one-story addition at property located at 787 King Street and designated on the Tax Map as Section 130.77, Block 1, Lot 30; WHEREAS, the Board of Trustees has final Site Plan approval authority pursuant to Village Code �� 209-1(A)(1) and 209-1(B)(7); WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action which will undergo an uncoordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for a proposed site plan amendment to the Planning Board for report and recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m, the application be referred to Westchester County Department of Planning for notification only, and the Town of Greenwich for comment no less than 10 days prior to the public hearing concerning the proposed site plan amendment On a motion made by Trustee Rednick, and seconded by Trustee Brown, the resolution was opened to discussion. Mr. Bradbury noted that this is an application being made by the nursing home. They have enclosed an open area without a permit and now they are looking to legalize this space. The work has been completed. The Board of Trustees has final approval authority. Mayor Feinstein reminded everyone that this resolution refers the matter to the Planning Board for review and recommendation. Board of Trustees Meeting October 11,2011 Page 5 of 10 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 2) Setting a public hearing to considering for United Water Westchester Inc.'s Site Plan Application to install seven (7) automatic water meter reading sites Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR UNITED WATER WESTCHESTER INC.'S SITE PLAN APPLICATION TO INSTALL SEVEN (7) AUTOMATIC WATER METER READING SITES WHEREAS, Edward Hackney, Director of Engineering Systems, has submitted a site plan application on behalf of the owner, United Water Westchester Inc. (UWW), to consider the installation of seven (7) automatic water meter reading sites ("Water Meters") at various locations in the Village; and WHEREAS, UWW, in its letter dated September 29, 2011 has requested a waiver of certain site plan requirements; and WHEREAS, the Board of Trustees of the Village of Rye Brook has determined that the proposed amendments are a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act ("SEQRA"). NOW, THEREFORE, BE IT RESOLVED, that the Village Board has retained final approval authority with respect to this Application because it involves the use of public property including the right-of-way; and BE IT FURTHER RESOLVED, that the Village Board shall [OR SHALL NOT] refer this application to the Planning Board and shall make a Board of Trustees Meeting October 11,2011 Page 6 of 10 determination of this site plan application following a duly noticed public hearing; and BE IT FURTHER RESOLVED, that due to the unique circumstances of this application and in accordance with Section 250-40(G) of the Village Code, the Board of Trustees of the Village of Rye Brook hereby waives the notification requirements required under Section 250-40 of the Village Code, except that appropriate sized signs identifying the owner, purpose, and public hearing date and location be placed at each proposed location seven days prior to the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Toby Marrow, the resolution was opened to discussion. Christopher J. Graziano, Manager, and Mr. Edward Hackney, Director, of United Water addressed the Board. They were joined by Paul R. Cabral, P.E. of CDM, the project engineer. Mr. Graziano noted that United Water is looking for ways to reduce levels of non- revenue water. New technology is now being introduced. Every home has a water meter with a box attached. The meter readers can pick up the signal from the street. The new technology will be able to determine if there is leakage. The meter transmits every 75 minutes. Residential customers are billed quarterly. Unauthorized usage will be detected. The level of expenses need to be kept down. If everyone is not paying their fair share, then the rates go up. A break in the system will be easy to catch with the new technology. Mr. Hackney provided details for the sites being proposed. A Power Point presentation ensued, and a map with the proposed locations of the poles was presented to the Board and members of the public. In addition, the Board was presented with a sample showing what the boxes to be attached to the poles that will transmit the information would look like, as well as shown a sample of what a solar panel would look like. The poles can utilize either a solar panel or electricity. The heights of the poles will vary, as will the color of the poles and boxes. Some of the poles are suggested as flag poles to blend in with the areas. There will be no noise generated from the boxes. Mayor Feinstein noted that this matter is being referred to the Planning Board for review. She called for a motion from the Board. Board of Trustees Meeting October 11,2011 Page 7 of 10 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 3) Considering the approval of minutes — July 12, July 26 & August 17, 2011 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the summaries were approved as amended. 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, Village Administrator, began his report by noting that the leaf collection program is underway. The third truck is usually used during the peak period. Information about leaf pick up, scheduled dates, and what should and should not be in the piles is on the Village's website. Mr. Bradbury noted that a meeting was held in connection with the Dissolution Study. The information is on the Village's website. Mr. Bradbury noted that a shared services expo meeting at the County was held today. Good information was collected. Printing, scanning, archive storage, Board of Trustees Meeting October 11,2011 Page 8 of 10 graphic designing were a few of the topics touched upon. This is a way for the Village to save money, and it was a very helpful meeting. Mr. Bradbury gave an update regarding sidewalk removals within the Village. He noted that Village staff is doing the research on the secondary streets. Where sidewalks are not contiguous the sidewalks will be removed. Resources are being reviewed. Mayor Feinstein noted that many residents were interested in this subject. Mr. Bradbury stated that a public hearing will be held. NEW BUSINESS: 1) Little League Signage at Pine Ridge Park The placement of signage at Pine Ridge Park was discussed by the Recreational Advisory Counsel. This will be a way to increase the visibility of the Little League program. The signage will be added to the scoreboards. Pricing will be obtained and the funds will come out of the Little League sponsorship funds, and not from taxpayer funds. Mayor Feinstein noted that the next regular meetings of the Board of Trustee was scheduled for October 25 & November 8, 2011. Mayor Feinstein called for members of the public wishing to address the Board. Mr. Ben Miloro of Hillcrest Avenue, addressed the Board. He questioned Mr. Bradbury's statement about removing sidewalks. Mr. Bradbury noted that the Village will be assisting in the removal of sidewalks that lead to no where. These areas will be filled in with topsoil and grass. Mr. Miloro asked that the Board members use the microphones. He noted that when watching the taped meetings it is sometimes hard to hear what people are saying because they turn away from the microphones or have the microphones too far back. Next Mr. Miloro addressed the affordable housing unites to be constructed on Ellendale. Mayor Feinstein noted that this matter is on the Planning Board's agenda. Mr. Miloro stated that he watched the taped meeting and felt that inappropriate discussions took place between Mr. Larizza and the Chairman of the Planning Board, Mr. Gary Zuckerman. Board of Trustees Meeting October 11,2011 Page 9 of 10 Mayor Feinstein stated that there was miscommunication and the issue has been resolved. She noted that two applications for affordable housing are now before the Planning Board. The developments will require final approval by the Board of Trustees. The Floating Zone legislation will be discussed at a public hearing on October 25, 2011, however, the two developments before the Planning Board are not subject to the proposed Floating Zone. The Floating Zone will apply to the entire Village. Mayor Feinstein also noted that the Village is not building the affordable housing. The developers come to the Village and the Board entertains the proposals. 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 Rcdnick, the meeting was adjourned at 9:45 p.m. 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 October 11,2011 Page 10 of 10