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HomeMy WebLinkAbout2010-03-09 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 9, 2010-7:30 P.M. AGENDA 7:00 P.M.—Executive Session— Fire Service Contract Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 78 and 170 of the Village of Rye Brook Village Code regarding Dogs in Parks RESOLUTIONS: (1) Considering a proposed local law amending Chapter 78 and 170 of the Village of Rye Brook Village Code regarding Dogs in Parks (2) Considering the appointment of a Police Sergeant (3) Considering a request to use the Rye Brook Athletic Fields at King Street for an event to promote homeless awareness (4) Considering a replanting plan for a removed significant tree at 257 Irenhyl Avenue Board of Trustees Meeting March 9,2010 Page 1 of 14 (5) Considering the appeal of a tree removal permit denial at 52 Tamarack Road (6) Approving amendment "B" to the Snow and Ice Agreement with NYSDOT for 2008-2009 Snow Seasons 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: March 23 &April 13, 2010 BOARD: Trustee Paul S. Rosenberg Trustee Dean P. Santon Mayor Joan L. Feinstein Late: Trustee Michael S. Brown Excused: Trustee Patricia Sanders Romano STAFF: David Burke, Assistant to the Village Administrator Amanda Kandel, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the regular meeting of the Board of Trustees. She announced that Trustee Patricia Sanders Romano and Mr. Christopher Bradbury, Village Administrator, were excused from the meeting, and Trustee Michael S. Brown was running late. In addition, she noted that Edward Beane, Esq., Village Counsel, was absent and Amanda Kandel, Esq. would represent legal counsel at the meeting. Board of Trustees Meeting March 9,2010 Page 2 of 14 Mayor Feinstein called for one item out of order. 2) CONSIDERING THE APPOINTMENT OF A POLICE SERGEANT Mr. David Burke, Assistant to the Village Administrator, read the following resolution: APPOINTMENT OF POLICE SERGEANT RESOLVED, that John Arnold of Poughquag, New York, is hereby appointed to the position of Police Sergeant with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $103,198, with an effective start date of March 13, 2010. Mr. Burke noted that Officer John Arnold has served the Village as a police officer since 1997. He is currently the Village's Youth Officer. He holds a Bachelor's Degree in Criminal Justice and has many specialized training credentials. His credentials are impeccable. Sgt. Arnold fills a position created by the retirement of Sgt. Billy Esainko who served the Village for the past 36 years. On a motion made by Trustee Dean Santon, and seconded by Trustee Paul Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein presented Sgt. Arnold's badge to his wife, who had the honor of pinning it on his uniform. Chief Gregory Austin congratulated Sgt. Arnold on his promotion. Mayor Feinstein read the oath and Sgt. Arnold was sworn in. Sgt. Arnold thanked everyone for their support and for this opportunity. Board of Trustees Meeting March 9,2010 Page 3 of 14 Mayor Feinstein called a recess to the Board of Trustees meeting for a celebration in honor of Sgt. Arnold. Mayor Feinstein reconvened the meeting. She noted that Trustee Brown had arrived and Trustee Santon had been unexpectedly called away. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 78 AND 170 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING DOGS IN PARKS On a motion by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was opened. Mr. Burke gave an overview of the proposed local law. He noted that a few changes were made to the law to allow dogs in the parks, on leashes, and to add that they must be cleaned up after. It was also noted that dogs are not allowed on the ballfields or in active areas of recreation. The Village had received complaints that dogs were unattended and/or were running off leash in several Village parks. The Parks and Recreation Commission was consulted and it was decided that there were changes that needed to be made to the Code. Although the majority of dog owners clean up after their pets, some do not. The majority of the parks are in residential areas. The amendments make it clear that dogs are to be on leash, they are prohibited from active recreation areas, and the owner must clean up after their pet. These changes make the law consistent. Mayor Feinstein called for comments from members of the public. Greg Sanzari, a resident of Rye Brook, addressed the Board. He noted that Rye Brook has limited open space areas for public use. Most people do not have large yards to play with their dogs, and they look to the parks to exercise their dogs. He asked if a dog run area was ever considered, and suggested Rye Hills as a possible location. He noted that Rye Hills has very little athletics in this park. This park has an area in the northeast Board of Trustees Meeting March 9,2010 Page 4 of 14 corner that is surrounded by a wall. The Village could install fencing and open the park to people with dogs. You can limit the hours of operation, and limit the park's use to Rye Brook residents. There are a lot of dog owners in the town that would appreciate this type of park. Mayor Feinstein noted that about four or five years ago the issue of a dog park was raised for Rye Hills Park. The added traffic, use, and noise was considered and the opposition from the neighbors was taken into consideration. Allison Thresher of Perry Avenue, Port Chester, addressed the Board. She noted that she tried to rally the troops and asked residents to come to the meeting and speak up. However, everyone has their own agenda. She noted that she knocked on doors and found out that the residents were not as worried about the dogs barking as they were about property lines and buffers. She also noted that you cannot punish the majority of dog owners for a few people that abuse the use of the parks. The licensing fee in Rye Brook is $2.50. This requirement should be enforced. Littering happens more than dogs defecating and leaving it there. Mayor Feinstein stated that the Village is concerned about the littering and recycling bins will be placed in the parks. Trustee Rosenberg offered to speak with Rye Town Board to discuss this matter. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was closed. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution on this matter: RESOLUTIONS: l) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 78 AND 170 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING DOGS IN PARKS Board of Trustees Meeting March 9,2010 Page 5 of 14 Mr. Burke read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 78 AND 170 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING DOGS IN PARKS WHEREAS, the Board of Trustees is considering amendments to Chapter 78 and 170 of the Code of the Village of Rye Brook regarding Dogs in Parks; and WHEREAS, on March 9, 2010 the Board of Trustees opened a public hearing on the subject Local Law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on March 9, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 78 and 170 of the Village Code regarding Dogs in Parks. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that the issue of a dog park in the Village would be placed on the Board of Trustees' agenda in the next month or two as a discussion item. 3) CONSIDERING A REQUEST TO USE THE RYE BROOK ATHLETIC FIELDS AT KING STREET FOR AN EVENT TO PROMOTE HOMELESS AWARENESS Board of Trustees Meeting March 9,2010 Page 6 of 14 Mr. Burke read the following resolution: RESOLUTION CONSIDERING A REQUEST TO USE THE RYE BROOK ATHLETIC FIELDS AT KING STREET FOR AN EVENT TO PROMOTE HOMELESS AWARENESS WHEREAS, the Village received a request dated February 1, 2010 from Danny Ullman, a Blind Brook High School student Founder of HEARTH For All/Westchester Coalition for the Hungry and Homeless, Inc., to use the Rye Brook Athletic Fields at King Street from Friday, May 22, 2010 at 8:00 P.M. to Saturday, May 23, 2010 at 7:00 A.M. for an event called "Sleep for Solutions" to promote awareness about the homeless; and WHEREAS, Mr. Ullman has also requested a waiver of any village fees associated with this event, including any rental or filming fees; and WHEREAS, letters of support have been received from The Arbors and the Blind Brook School District approving this proposal and its location, and acknowledging that the event does not violate any existing agreements with the Village. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, hereby approves the use of the Rye Brook Athletic Fields to Hearth for All/Westchester Coalition for the Hungry and Homeless Inc., from Friday, May 22, 2010 at 8:00 P.M. to Saturday, May 23, 2010 at 7:00 A.M., for the purpose of holding the Sleep for Solutions event to promote homeless awareness; and be it further RESOLVED, that the Village Board agrees that due to the special nature of this event, the following conditions and waivers apply: 1. Any village fees associated with this event are waived; and 2. The village will make its bathroom facilities available throughout the event. If it is determined that additional bathroom facilities are needed, these will be provided or arranged by Hearth for All/Westchester Coalition for the Hungry and Homeless Inc.; and 3. No filming permit applications, fees or permits are required for this event; and Board of Trustees Meeting March 9,2010 Page 7 of 14 4. Insurance must be provided to the satisfaction of the Village's risk manager; and 5. Any health and safety matters must be maintained to the satisfaction of the Police Chief, Ambulance Director, and fire safety coordinator(s); and 6. Danny Ullman and Marilyn Ullman shall be designated as the coordinators for this event; and 7. The event shall be limited to any Rye Brook residents; and 8. Parents or guardians of any minors must provide approval for their child to participate in the event, and appropriate adult supervision shall be arranged by the event coordinators; and 9. The coordinators are responsible for gaining an individuals consent to be filmed or photographed at the event; and 10.No tobacco use, food, or beverages are permitted on-site except for water as described by the applicant; and 11.An estimate of the number of residents attending the event will be provided to the Police Chief and Village Administrator on the Monday preceding the event; and 12.The event coordinator shall make sure the site is cleaned of any garbage or debris by 8:00 a.m. on May 23, 2010; and 13.No speakers or amplification equipment shall be utilized after 9:00 P.M on May 22, 2010; and 14.An additional hour shall be provided before the event for coordinators to set up and register attendees; and 15.An additional hour shall be provided after the event for coordinators to clean up any garbage or debris. Mayor Feinstein noted that this matter has been addressed at two previous Board of Trustees Meetings. Legal Counsel was asked to review all documents, i.e.: agreements and waivers. The documents are still being reviewed. It was noted that the Arbors and the Blind Brook School District have agreed to this event, and consents have been obtained. The Village still had a few outstanding questions that need to be answered. Some of the questions are: at what age could a person come to the event unattended; at what age could a person come with a non-parent; what would happen if one of the parties (Arbors, School, and Village) backed out; and liability questions. Board of Trustees Meeting March 9,2010 Page 8 of 14 Danny Ullman addressed the Board. He noted that the Arbors and Board of Education have sent letters. The Westchester Coalition for the Homeless will be providing the insurance. He stated that every participant must have a signed consent form. There is a deadline two weeks prior to the event for all consent forms to be handed in. This will give the coordinators ample time to address the event with the police, and inform all parties involved of the number of expected attendees. Trustee Rosenberg stated that Danny has done an excellent job of coordinating this event. There is a separate indemnification agreement for the Village. High School students can attend the event without a parent, but the parent must sign the permission slip, agreeing to the event guidelines. Mayor Feinstein noted that the Village has reached out to some of the residents surrounding the ballfields. There has been some opposition. The Greenwich property owners will also be notified of this event. Measures will be taken to be good neighbors to the residents that abut the ballfields. There will be no lights on during the event. There will be no amplification after 9:00 p.m. There will be police presence. Chief Austin noted that the police and Village were also looking forward to a successful event. Volunteers from the Police force will be there. Mayor Feinstein noted that the use of the field is contingent upon the continued approval of the Board of Education and the Arbors. If one party backs out then the agreement would become null and void. Legal counsel was directed to add a clause to the resolution to address this issue. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting March 9,2010 Page 9 of 14 4) CONSIDERING A REPLANTING PLAN FOR A REMOVED SIGNIFICANT TREE AT 257 IRENHYL AVENUE Mr. Burke read the following resolution: RESOLUTION CONSIDERING A REPLANTING PLAN FOR A REMOVED SIGNIFICANT TREE AT 257 IRENHYL AVENUE WHEREAS, John Moody the owner of 257 Irenhyl Avenue, Rye Brook applied for a Tree Removal Permit for a thirty-three (33) inch diameter, sixty (60) foot high Sugar Maple Significant Tree at said property on December 8, 2009; and WHEREAS, under section 235-19 of the Village of Rye Brook Village Code a Significant Tree shall be allowed to be removed without the approval of the Village Board of Trustees when such tree removal is necessary for the protection and preservation of life or property and there is no time to wait for granting of a Tree Removal Permit; and WHEREAS, The Acting Village Engineer granted a Tree Removal Permit for a thirty-three (33) inch diameter, sixty (60) foot high Sugar Maple at 257 Irenhyl Avenue on December 11, 2009. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby requires replanting of one (1) two to two and a half (2-2 /z) inch caliper Maple Trees to be determined at the discretion of the Acting Village Engineer. Mr. Michal Nowak, Acting Village Engineer, noted that the Village Code does require replanting, however, the trees may not be able to be planted on Mr. Moody's property. Due to the size and current landscaping of the Moody property, Mr. Nowak suggested that one tree could be replanted on the applicant's property. The resolution was amended to reflect the replanting of one tree. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting March 9,2010 Page 10 of 14 Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING THE APPEAL OF A TREE REMOVAL PERMIT DENIAL AT 52 TAMARACK ROAD Mr. Burke read the resolution: RESOLUTION CONSIDERING A THE APPEAL OF A TREE REMOVAL PERMIT DENIAL AT 52 TAMARACK ROAD WHEREAS, Maria Linstrom the owner of 52 Tamarack Road, Rye Brook applied for a Tree Removal Permit for an approximate twenty six (26) inch diameter, sixty (60) foot high White Pine at said property on December 8, 2009; and WHEREAS, The Acting Village Engineer denied a Tree Removal Permit for the twenty six (26) inch diameter, sixty (60) foot high White Pine at 52 Tamarack Road on December 11, 2009. WHEREAS, the owners contractor David M. Deneen has appealed the decision on behalf of Maria Linstrom and said appeal was received on February 16, 2010; and WHEREAS, under section 235-14 of the Village of Rye Brook Village Code the Village Board shall hear any appeal brought in accordance with section 235-13D within 45 days of the submission of the appeal; and NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby [denies the tree removal appeal/ grants the tree removal appeal; and be it further RESOLVED, the Board of Trustees of the Village of Rye Brook hereby requires replanting plan as follows: Board of Trustees Meeting March 9,2010 Page 11 of 14 On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was opened for discussion. Trustee Rosenberg noted that the application had not been made by the owner of the property and questioned the validity of the application. Trustee Rosenberg requested that this matter be put over to the next Board of Trustee meeting as the applicant, nor the owners of the property, were in attendance at the meeting. At Mayor Feinstein's direction, and with the consensus of the Board, no action was taken. 6) APPROVING AMENDMENT "B" TO THE SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2008-2009 SNOW SEASONS Mr. Burke read the following resolution: RESOLUTION APPROVING AMENDMENT "B" TO THE SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2008-2009 SNOW SEASONS RESOLVED, that the Village of Rye Brook accepts Amendment B of the 2008/2009 indexed lump sum municipal snow and ice agreement (#D010779) with the State of New York, Department of Transportation; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Mr. Burke noted that the resolution approves monies that are reimbursed from the State to the Village for plowing King Street and Westchester Avenue. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. The roll was called: Board of Trustees Meeting March 9,2010 Page 12 of 14 Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT Mr. Burke thanked the Highway and Parks Department for their hard work during the most recent storms. He noted that the Edgewood Basin project is on schedule, although there were some weather delays. Information on this project can be reviewed on the Village's website. A meeting has been scheduled regarding the Ridge Street Reconstruction Project. It will be held at Village Hall and information is available on the Village's website. Mayor Feinstein noted that the Village will meet with representatives of the County Executive and a number of other people to discuss affordable housing. The Village is taking a proactive approach and potential sites are being reviewed. A report will be ready within the next few weeks. Mayor Feinstein noted that last Wednesday a meeting took place with the Mayors of Port Chester and Mamaroneck, the Supervisor of the Town of Mamaroneck, and Christopher Bradbury, Village Administrator, to discuss a grant application for research regarding a co-terminus Town-Village. The grant application is due next week and it is still uncertain whether or not the grant application will be finalized. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for March 23, 2010 and April 13, 2010. Mayor Feinstein called for members of the public wishing to address the Board. David Lowenstein, a resident from King Street, addressed the Board. He noted that he became aware of an attempted kidnapping in Greenwich, CT through the school system. He felt that the Rye Brook Police Department should have notified the residents, but was very happy that the school district notified everyone via an email. He suggested that the reverse 911 system be used in these types of situations. The Village has the capability of sending out notices, and he felt that Board of Trustees Meeting March 9,2010 Page 13 of 14 the attempted kidnapping issue should have been put out; it should have been a priority. Chief Austin addressed the Board. He stated that the incident took place January 11-13 in Greenwich. The incident was investigated by the Greenwich Police Department and they contacted the school district. The Rye Brook Police Department was not notified. The Greenwich Police Department never contacted the Rye Brook Police Department. The Rye Brook and Greenwich Police Departments have a good relationship. One police department cannot tell another one how to conduct their investigation. The Blind Brook school district was notified. David Lowenstein stated that a report of an attempt kidnapping only five minutes from Rye Brook should have been communicated to our police department. Chief Austin stated that when there is a police matter in another jurisdiction surrounding jurisdictions must defer to the protocol and procedures used. Mr. Lowenstein noted that it took two days for the school district to address this incident with the students. The technology is available to immediately inform the residents. Trustee Brown asked Mr. Lowenstein to present his suggestions and ideas regarding a notification system and submit them to the Village Board. There being no further business before the Board, the meeting was adjourned at 9:15 p.m. Board of Trustees Meeting March 9,2010 Page 14 of 14