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HomeMy WebLinkAbout2010-06-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING AJP COMMUNITY CENTER, 32 GARIBALDI PLACE TUESDAY, JUNE 22, 2010-7:30 P.M. 7:00 P.M.– Executive Session–License Agreements ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: (1) Senior Services Program (2) Safe Housing Task Force PUBLIC HEARINGS: (1) Public Hearing to consider a proposed site plan amendment regarding the BelleFair meeting house RESOLUTIONS: (1) Considering a proposed site plan amendment regarding the BelleFair meeting house (2) Considering authorizing the Village of Rye Brook to enter into a license agreement with the owners of I Talcott Road relating to an encroachment onto Village property (3) Considering the New York State Municipal Workers Compensation Alliance Plan Document (4) Considering election to become self-insurer as to Workers Compensation (5) Setting a public hearing on a proposed local law amending Chapter 235 of the Village Code regarding replanting of trees (6) Considering an Inter-Municipal Agreement with Westchester County for use of the Westchester County Firing Range I of 11 Board of Trustees 6/22/2010 (7) Considering appointments to the Traffic Commission (8) Consider authorizing the renewal of a Westchester County Department of Health food service permit application to operate a food service establishment at the Anthony J. Posillipo Community Center ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Amanda Kandel, Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Mayor Joan L. Feinstein welcomed everyone to the June 22, 2010 Board of Trustees meeting being held today at the Anthony J. Posillipo Senior Center. She noted that the Board had received a suggestion to be more visible to the Village's southern end residents and thought holding a Board meeting here would be a good way to do that. Mayor Feinstein called for the first item on the agenda: REPORT: (1) Senior Services Program 2 of 11 Board of Trustees 6/22/2010 Elizabeth Rotfeld, Senior Coordinator, addressed the Board and gave a brief overview of what the Senior Center is and what it offers to the public. The center provides a hot lunch, exercise programs, instructional art programs, lectures, weekly trips as well as overnight trips. Currently there are 250 registered seniors — the program runs Monday through Friday. They currently have a new caterer, Villa Rustica, and the seniors have given a very positive response to them as the number of people attending lunch has increased even on the days with no transportation. Mayor Feinstein agrees that the senior center is thriving and without the center and what it offers to our community, the seniors might be very isolated. Mr. Bradbury, Village Administrator, agreed and believes that the programs at the center are always changing and that there is really something for everyone. He also acknowledged that Mrs. Rotfeld reaches out to the seniors and finds out what their needs are and tries to develop programs for everyone. (2) Safe Housing Task Force Mr. Michael Izzo, Building Inspector, addressed the Board and explained that back in 2005 under Chief Santoro, they met with the City of White Plains to see how they were addressing issues in regard to safe housing and it was at that point that the task force was formed. It was designed to effectively find and clean up any unsafe housing in the Village and this is done with the assistance of Chief Austin as well as the Fire Department. At this point, over 70 properties have been cleaned up throughout the Village — about 35 percent of those were voluntary compliance. Right now they are investigating about 25 houses — most are overcrowding issues. He and his assistant Steve Fews are on call 24-7 to assist the Police or Fire Department in any situation that may arise. Mayor Feinstein thanked Inspector Izzo and also added that some of the tips that have come in were through concerned residents as well. She also agreed that safety is a very important issue and we are all aware of what can happen in an overcrowded home—it is a major safety concern. She thanked him and his assistant Mr. Fews for their hard work. Mr. Bradbury, Village Administrator, agreed and thanked Mr. Izzo for his coordinating the program, the training of all the parties involved and his diligence at coming out at all hours of the day and night when called. It is a team approach and the goal of the program is to achieve compliance which will be a benefit to the entire community. Mr. Izzo thanked the Board and thanked the community as well and advised them that if they see something they should say something and that their call can remain anonymous if they prefer. PUBLIC HEARINGS: (2) Public Hearing to consider a proposed site plan amendment regarding the BelleFair meeting house 3 of 11 Board of Trustees 6/22/2010 On a motion made by Trustee Brown and seconded by Trustee Rednick, the Public Hearing was opened. Mayor Feinstein explained this was referred to the Planning Board and referred back to us with a report and recommendation. Mr. Steven Frank, Attorney for BelleFair Homeowners Association, addressed the Board and advised them that the Planning Board had considered a report submitted by LAN Associates, agreed with its conclusions and made two recommendations for conditions to be included in the approval resolution. One condition being that the meeting house is used only for BelleFair residents and their guests which they are in complete agreement with as that was the intent. The second condition was the consideration by the HOA in making the meeting house ADA compliant but they are not planning on any physical alterations to the building and believe that a change of use is not considered an alteration. Going forward, if there are any alterations to this building, the association fully intends on making the changes so the building is ADA compliant. Mayor Feinstein would like the limit of 85 people at one time in the meeting house be added as a condition. She also asked about the use by BelleFair residents solely and asked if they could use the building to hold a party on behalf of a friend or family member. Mr. Frank responded that the board has control over the use of the room, the hours and the days of the week. That scenario could in theory happen, but the resident would have to be present at that particular event. The association does have the right to approve or deny the party. Mayor Feinstein's concern is that if an event like that was to take place, it may very well increase the traffic flow. Trustee Brown asked about the parking to which Mr. Frank responded that there are 50 spaces adjacent to the meeting house. Trustee Brown is concerned about the parking because of the amount of people that could potentially be parking at an event and blocking that immediate area but he understands that the association has their own rules and is confident that they will deal with each situation appropriately. Trustee Rosenberg agrees with Trustee Brown and has concerns with the parking as well. It is possible that the smaller room and the gym may be rented out at the same time and could cause a parking problem. In regard to the Planning Board recommendation regarding the ADA compliance he wants to point out that the issue is not in the purview of the Planning Board and they did not have a right to put that in as a condition and that this Board's resolution does not include that as a condition. Phyllis Dickstein who is not a resident of BelleFair but who lives behind the Rye Town Hilton wants to make sure that there are some types of noise restrictions in place where there cannot be open doors with music playing which disturbs the neighbors and will generate complaints. Mayor Feinstein clarified with Building Inspector Izzo that a change of use does not trigger an ADA requirement to which Inspector Izzo replied that was correct. Mayor 4 of I I Board of Trustees 6/22/2010 Feinstein understands the concerns of the Planning Board but agrees that we do not have jurisdiction over that at this time. There being no further questions or comments, Mayor Feinstein called for a motion to close the Public Hearing and on a motion made by Trustee Rednick and seconded by Trustee Brown, David Burke called the roll: TRUSTEE BROWN YES TRUSTEE MARROW YES TRUSTEE REDNICK YES TRUSTEE ROSENBERG YES MAYOR FEINSTEIN YES Mr. Christopher Bradbury, Village Administrator, read the resolution and on a motion made by Trustee Marrow and seconded by Trustee Rosenberg, the resolution was adopted. CONSIDERING A PROPOSED SITE PLAN AMENDMENT REGARDING THE BELLEFAIR MEETING HOUSE WHEREAS, BelleFair Homeowners Association, Inc. has submitted a proposed site plan amendment for modifications to change the use of a portion of the retail space to a place of public assembly to use as a community room; and WHEREAS, the Board of Trustees has final site plan authority pursuant to § 209- 1(A)(1); and WHEREAS, the Board of Trustees referred the proposed site plan amendment to the Village Planning Board; and WHEREAS, at the June 10, 2010 Planning Board meeting the Planning Board referred back the proposed site plan amendment with a positive recommendation; and WHEREAS, on June 22, 2010 the Board of Trustees opened a public hearing on the application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to the application and the public hearing was closed on June 22, 2010. 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 a Type II Action requiring no additional review under SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the proposed site plan amendment to change the use of a portion of the retail space to a place of public assembly to use as a community room on the following condition(s): 5 of 11 Board of Trustees 6/22/2010 1. The use of the community room shall be limited to BelleFair residents and their guests. 2. the maximum occupancy of the community room be limited to no more than 85 people and at all times shall be in compliance with the occupancy limitations of the NYS Uniform Fire Prevention and Building Code Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (2) Considering authorizing the Village of Rye Brook to enter into a license agreement with the owners of I Talcott Road relating to an encroachment onto Village property This application is being adjourned to a future date as it is a bit premature and the Village is awaiting comment/response from the property owner. (3) Considering the New York State Municipal Workers Compensation Alliance Plan Document (4) Considering election to become self-insurer as to Workers Compensation Mr. Bradbury explained that this is a two part resolution and is required by the NYS Municipal Workers Compensation Alliance. The Comp Alliance is the recommended new workers compensation carrier effective July l st. While we were satisfied with PERMA the price quote we received from them necessitated that we go out and get other quotes. Mr. Bradbury read the first resolution: CONSIDERING THE NEW YORK STATE MUNICIPAL WORKERS COMPENSATION ALLIANCE PLAN DOCUMENT WHEREAS, there has been proposed a "NEW YORK STATE MUNICIPAL WORKERS' COMPENSATION ALLIANCE PLAN DOCUMENT" pursuant to Section 50 3-a of the Workers' Compensation Law (hereinafter "the Plan"); and WHEREAS, the Village of Rye Brook is eligible for membership in the Plan; and 6 of 11 Board of Trustees 6/22/2010 WHEREAS, the Village of Rye Brook has made an independent investigation of the Plan and reviewed the Plan document, and has concluded that it would be in the interests of the Village of Rye Brook to participate therein. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook enter into membership in the Plan pursuant to Section 50 Subdivision 3-a of the Workers' Compensation Law; and be it further RESOLVED, that Mayor be and hereby is authorized and instructed to execute the Plan's charter document on behalf of the Village of Rye Brook; and be it further RESOLVED, that the custody of all joint Plan moneys by the Plan Administrator under the Plan be and the same hereby is approved. Mayor Feinstein called for a motion and a motion was made by Trustee Brown and seconded by Trustee Rosenberg Trustee Rosenberg asked Mr. Bradbury if he was as comfortable with this new company as they have been with PERMA. Mr. Bradbury responded that he was — the information received from references was that the vast majority were very pleased and very comparable to the PERMA program. Trustee Brown asked if there was any incentive to stay with PERMA and if they had been notified and Mr. Bradbury responded that there was no incentive and that PERMA had been notified and they did not come back with a better offer. Mayor Feinstein is somewhat distressed that the Village is already over budget by 21 percent on one line item. It is no ones fault and thanked Mr. Bradbury for taking affirmative action and while it is disconcerting, there are not many choices out there for this particular program which does not make the task any easier. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Bradbury read resolution#4: CONSIDERING ELECTION TO BECOME A SELF-INSURER AS TO WORKERS COMPENSATION CLAIMS RESOLVED, that the Village of Rye Brook Village Board hereby elects, pursuant to Subdivision 3-a of Section 50 of the Workers' Compensation Law, to become 7 of 11 Board of Trustees 6/22/2010 a self-insurer as to Workers' Compensation claims against this Municipality; and be it further RESOLVED, that pursuant to Section 50 Subdivision 3-a of said Workers' Compensation Law, notice of such election shall be filed forthwith with the Chairman of the Workers' Compensation Board, Self-Insurance Section; and be it further RESOLVED, that this election shall become effective on July 1, 2010. Mayor Feinstein called for a motion and on a motion made by Trustee Rosenberg and seconded by Trustee Brown, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (5) Setting a public hearing on a proposed local law amending Chapter 235 of the Village Code regarding replanting of trees Mr. Bradbury read the resolution: SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE VILLAGE CODE REGARDING PLANTING OF TREES WHEREAS, the Board of Trustees is considering amendments to Chapter 235, Section 18 of the Village Code regarding planting of trees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 13, 2010 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,New York to consider the proposed local law. Mayor Feinstein called for a motion and on a motion made by Trustee Rosenberg and seconded by Trustee Marrow the resolution was adopted. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 8 of 11 Board of Trustees 6/22/2010 (6) Considering an Inter-Municipal Agreement with Westchester County for use of the Westchester County Firing Range Mr. Bradbury read the resolution: CONSIDERING AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR USE OF THE WESTCHESTER COUNTY FIRING RANGE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor to sign all necessary documents to enter into an Inter-Municipal Agreement with Westchester County for use of the Westchester County Firing Range. A motion was made by Trustee Brown and seconded by Trustee Rosenberg. Chief Austin explained that the County had opened a firing range and encouraged outside police departments to use the facility. They are now charging a flat fee which is a lot better then what they were charging and enables more departments to take advantage of the facility. They had been using Harrison's range but it became difficult because of the hours as the surrounding residents didn't want the range being used during certain hours because of the disturbance. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (7) Considering appointments to the Traffic Commission Mr. Bradbury read the resolution: CONSIDERING APPOINTMENTS TO THE TRAFFIC COMMISSION RESOLVED, that Andrew Zeitlin of 201 Country Ridge Drive is hereby appointed to the unexpired term of Jody Brackman that will expire on the first Monday in April, 2013; and be it FURTHER RESOLVED, that John Walters of 32 Brook Lane is hereby reappointed for a term that will expire on the first Monday in April, 2013. Mayor Feinstein made note that John Walter has been a member of the Traffic Commission and it was an oversight during the original vote in April and she also thanked Jody Brackman for her service to the community as well. 9 of 11 Board of Trustees 6/22/2010 On a motion made by Trustee Rosenberg and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (8) Consider authorizing the renewal of a Westchester County Department of Health food service permit application to operate a food service establishment at the Anthony J. Posillipo Community Center Mr. Bradbury read the resolution: CONSIDER AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Deputy Village Clerk and Mayor to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. On a motion made by Trustee Rosenberg and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: TRUSTEE BROWN YES 10 of 11 Board of Trustees 6/22/2010 TRUSTEE MARROW YES TRUSTEE REDNICK YES TRUSTEE ROSENBERG YES MAYOR FEINSTEIN YES ADMINISTRATOR'S REPORT: Mr. Bradbury thanked Robert Bertolacci and his staff and all the employees for the work they did with the Birthday Party. Almost $1700 was raised to offset some of the costs of the celebration. It was a nice event and the weather cooperated as well. Mr. Bradbury advised the Board that they have gotten some final numbers in for the year end revenues — the 2010/11 estimated a shortfall of about $162,000 but the good news is that the mortgage tax received was higher then expected so the shortfall would actually be around $100,000 instead. We are still waiting on the fourth quarter sales tax which will be a final indicator. New trees are being planted at the Rye Brook King Street field— some have already been done and it is looking great. This was done through a grant and no expense on the Village's part. Final item is the question of the sidewalks what was brought up at the last meeting. He did some research and back in 9/02 the original application for the CDBG grant which included specific streets for a total of $504,000 — we ended up getting $100,000. The program was cut in half and fewer sidewalks were able to be done. Mayor Feinstein has been receiving a lot of compliments in regard to the Ridge Street project— moving quickly and coming along nicely. As for the Birthday celebration — no one complained to her about having to charge this year but seemed grateful that we continued the tradition. She also thanked Fred Seifert and David Burke for their work in getting the TV taping done at this meeting tonight. Mayor Feinstein asked for a motion to adjourn to executive session and on a motion made by Trustee Brown and Trustee Rednick, the meeting was adjourned at 8:24 pm. 11 of 11 Board of Trustees 6/22/2010