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HomeMy WebLinkAbout2010-08-17 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, AUGUST 17, 2010-8:00 P.M. AGENDA 7:30 P.M.– Executive Session– License Agreements -- Non-Union Compensation -- Cell Tower Lease ROLL CALL PLEDGE OF ALLEGIANCE RECOGNITION: Rye Brook Police Department Recognition of Novack Investigation PUBLIC HEARINGS RESOLUTIONS: (1) Setting a public hearing to consider a proposed local law modifying Chapter 240 of the Village Code regarding stops signs on Whittemore Place (2) Referring a request for Reckson Phase 3 Site Plan and Wetland Permit approval extensions to the Planning Board for report and recommendation (3) Considering the renewal of an Emergency Subscriber List Information License Agreement with Verizon (4) Considering the adoption of a Comprehensive Financial Policy Document (5) Considering the approval of Minutes: May 25, 2010; June 8, 2010; June 22, 2010; July 13, 2010; July 27, 2010 Board of Trustees Meeting August 17,2010 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS: (1) Amnesty Program extension request DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: September 14 and September 28, 2010 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Mayor Joan L. Feinstein Excused: Trustee Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police 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 August 17th regular meeting of the Board of Trustees. Mayor Feinstein began the meeting with a positive announcement. She noted that the Village has been working with Senator Suzi Oppenheimer and Assemblyman George Latimer for the past five years in connection with the possibility of becoming eligible for a hotel tax. All prior hotel tax legislation has only been permitted for cities and not villages. Rye Brook has over 800 hotel rooms and, since the Board is always looking for alternative sources of revenue in order to alleviate the tax burden on businesses and residents, the Board has been working Board of Trustees Meeting August 17,2010 Page 2 to prepare legislation that would include Villages. This legislation has been a long time coming and finally it was submitted to the governor. The governor signed the legislation which will give the Village the ability to impose an occupancy tax of up to 3% maximum. A public hearing will be set on this matter in the hope of bringing in this extra revenue for the Village. The hotels may not be happy about the possibility of the tax, but it is something for the Village to look forward to. Mayor Feinstein thanked Assemblyman Latimer and State Senator Oppenheimer for their assistance. She noted that both Assemblyman Latimer and a representative from Suzi Oppenheimer's office would be in attendance at the meeting, and the Board would publicly thank them. Mayor Feinstein noted that in the Summer of 2009 was a homicide in Rye Brook at one of the hotels. It was a publicized incident and the Rye Brook Police Department worked very hard on this case. They did an incredible investigative job. Accolades were bestowed upon our police department, and indictments have been handed down. She read the proclamations presented to Chief Austin, Detective Sgt. Terence Wilson, Sgt. John Arnold, Detective Eric Dengler, and Officer Titus Alexander. Chief Austin thanked everyone. He noted that this was a difficult and complex case but as a result of the tireless and unwavering efforts of the police department, the case has been solved. Mayor Feinstein called for the first item under resolutions: RESOLUTIONS: 1) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW MODIFYING CHAPTER 240 OF THE VILLAGE CODE REGARDING STOPS SIGNS ON WHITTEMORE PLACE Mr. Bradbury read the following resolution: Board of Trustees Meeting August 17,2010 Page 3 RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING STOP SIGNS WHEREAS, the Board of Trustees is considering an amendment of Chapter 240, Section I I of the Village Code regarding stop signs. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on September 14, 2010 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. It was noted that this was a resolution to set a public hearing. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Toby Marrow, 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 Mayor Joan L. Feinstein Voting Aye 2) REFERRING A REQUEST FOR RECKSON PHASE 3 SITE PLAN AND WETLAND PERMIT APPROVAL EXTENSIONS TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING A REQUEST FOR RECKSON PHASE 3 SITE PLAN AND WETLAND PERMIT APPROVAL EXTENSIONS TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Reckson Operating Partnership, L.P. ("Reckson") is the owner of certain property located at 1100 King Street, Rye Brook, New Board of Trustees Meeting August 17,2010 Page 4 York, which property also is commonly know as "Reckson Executive Park;" and WHEREAS, Reckson has made an application to the Village or Rye Brook for a five (5) year extension of its Site Plan and Wetlands Permit Approvals (the "Approvals") for that portion of the Reckson Executive Park know as "Phase 3," which also is know and designated on the Tax Assessment Map of the Village of Rye Book as Section 1, Block 3, Lots 2, 3 and 4 (the "Property"); and WHEREAS, the current Approvals for Phase 3 are to expire on November 8, 2010. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby refers the application for extension to the Planning Board for report and recommendations. William Null, Esq., from Cuddy & Feder, addressed the Board. He noted that market conditions made it difficult to market the site. As the permits in connection with this project are due to expire, the applicant was requesting an extension for the permits. Mr. Michael Mastromonico gave a brief overview of the property and the project. He noted that the entire business park runs from King Street back to the Brook. Phase 3 is proposed for the rear of the property. It involves about 31 acres of land, upon which 280,000 square feet is proposed to be constructed. Improvements to the plan have evolved. There was a detention basin designed to handle a 100 year storm. Two water quality basins have been added to provide for pre-cleaning of the storm water prior to the storm water entering the basin. During the construction period, the basins will be used for siltation control. The parking ratio will be reduced, but it should be noted that the parking is more than adequate. Reducing the parking spaces reduces the impervious surface on the property. The plan is essentially as it has been for many years, with a few improvements. Mayor Feinstein noted that this resolution is a referral to the Planning Board, which is an advisory board for this type of application. She turned to the Board for questions and comments. There were none, and Mayor Feinstein called the vote. Board of Trustees Meeting August 17,2010 Page 5 On a motion made by Trustee Rednick, and seconded by Trustee Marrow, 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 Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted the arrival of Assemblyman George Latimer and the representative from Suzi Oppenheimer's office. She reiterated her announcement from earlier in the meeting regarding the possibility of an alternate revenue from a hotel tax. The Village is setting precedence by creating this legislation. Assemblyman George Lattimer addressed the Board, noting that he worked with the Village Board to push this legislation through. He stated that finding a revenue stream and getting state government to recognize the value is an achievement. An event like this re-establishes faith that there are moments when state government can work and respond properly. Sometimes the system works and this is one of those times, and he is glad that he was a part of helping to make this happen. Adam Silver from Suzi Oppenheimer's office addressed the Board. He stated that it was a pleasure working on this issue. This is precedent setting legislation, and Senator Oppenheimer is a big supporter of this issue. Mayor Feinstein invited Mr. Silver and Assemblyman Lattimer back for the meeting when the legislation will be introduced. Mayor Feinstein returned to the agenda: 3) CONSIDERING THE RENEWAL OF AN EMERGENCY SUBSCRIBER LIST INFORMATION LICENSE AGREEMENT WITH VERIZON This matter was tabled with the consensus of the Board. Board of Trustees Meeting August 17,2010 Page 6 4) CONSIDERING THE ADOPTION OF A COMPREHENSIVE FINANCIAL POLICY DOCUMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE ADOPTION OF A COMPREHENSIVE FINANCIAL POLICY DOCUMENT WHEREAS, the Village desires to implement a comprehensive financial policy document that incorporates existing written and procedural financial policies, modified financial policies, and additional financial policies to further improve the internal financial control policies and procedures for the Village. NOW THEREFORE BE IT RESOLVED, the Village Board hereby adopts the Comprehensive Financial Policy Document last revised on January 30, 2008 for the Village of Rye Brook. Mayor Feinstein noted that this is a complex issue which reviews and updates policies and procedures. Most of these policies are in writing, and the proposed legislation puts them all together in one document. She raised a few questions, and made a few minor changes to the document. On a motion made by Trustee Rednick, and seconded by Trustee Michael Brown, the resolution was adopted as amended. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting August 17,2010 Page 7 5) CONSIDERING THE APPROVAL OF MINUTES: MAY 25, 2010; JUNE 8, 2010; JUNE 22, 2010; JULY 13, 2010; JULY 27, 2010 It was noted that several members of the Board did not have the opportunity to complete their review of the July summaries. Mayor Feinstein asked that the minutes through the end of June be approved. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the summaries of May 25, 2010 , June 8, 2010 and June 22, 2010 were approved. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the Ridge Street project is moving along. The utilities are now going in. He noted that the Edgewood Basin has been completed, and now plantings are being put in or replaced. He noted that when plantings in the basin die, they are required to be replaced. Mr. Bradbury stated that tennis courts three and four at Pine Ridge Park are being resurfaced. The work should be completed by next week. Registration for fall programs are now on-line. Dates and fees are laid out. The Administrator's office is currently working on retaining a new vendor for the composting. A contract is being worked on and should be in place by the next Board of Trustees meeting. Mr. Bradbury gave an update on the coyote situation. He noted that additional information is on the website. The Village needs to learn to adapt and learn to live Board of Trustees Meeting August 17,2010 Page 8 with them and create a safe environment for all residents. Continued educational information will be on the Village's website. Police logs and interactions are all on the website as well. Changes in behaviors and patterns of the coyotes need to be addressed. The Village is in the middle of a four week trapping program, and then there will be a re-evaluation of the program. The trapping is being done by a licensed trapper with the goal being to relocate the coyotes. Recently a young coyote was trapped and found to have an advanced stage of mange which required it to be euthanized. This is a multi-faceted program. Rye Brook is working with some of the surrounding communities. Residents are encouraged to call in sightings. The traps being used are humane, and the trapper comes by at least one time per day to check the traps. NEW BUSINESS: (1) AMNESTY PROGRAM EXTENSION REQUEST Mr. Bradbury gave an overview of the most recent Amnesty Program offered by the Village. It was noted that the Arbors Homeowners Association sent a letter requesting that the Village Board consider extending the amnesty program because they expect more applications as a result of their revised exprected site plan. The program is due to end on November 15, 2010. A meeting was held with the Arbors in August and they are moving along very well on their site plan. To date, thirteen homeowners have utilized the program; four of the applications came from the Arbors. Mayor Feinstein noted that this program has been extended to the entire community. She is an advocate of the amnesty program. This program is a way to get people to come forward and legalize construction or work that has been done to a home that may not have had the correct permitting. When someone goes to sell their home, issues arise. The amnesty program is a way to make things easier for the residents. She felt that the request to extend the program was a reasonable request. The Arbors site plan will be coming before the Board in the next two months. Trustee Brown stated that he was amenable to this extension. Residents are encouraged to come forward. The amnesty program relieves residents of some of the fees and penalties. Trustee Toby Marrow noted that she was also amenable to the extension of this program. Board of Trustees Meeting August 17,2010 Page 9 Mayor Feinstein noted that the next meetings of the Board of Trustees were scheduled for September 14 and September 28, 2010. She called for a motion to go into an Executive Session. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the meeting was adjourned at 9:12 p.m. and the Board went into an 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 Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting August 17,2010 Page 10