HomeMy WebLinkAbout2010-09-14 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, SEPTEMBER 14, 2010-7:30 P.M.
AGENDA
7:00 P.M.– Executive Session– License Agreements
-- Non-Union Compensation
-- Contract Negotiations
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT
PUBLIC HEARINGS:
(1) Public hearing to consider a proposed local law modifying Chapter 240
of the Village Code regarding stops signs on Whittemore Place
RESOLUTIONS:
(1) Considering a proposed local law modifying Chapter 240 of the Village
Code regarding stops signs on Whittemore Place
(2) Setting a public hearing to consider a proposed local law establishing a
hotel occupancy tax
(3) Considering referring a proposed site plan modification of the Doral
Conference Center to the Planning Board for report and
recommendation
(4) Considering an agreement between the Village of Rye Brook and
Westwood Organic Recycling for the operation of the Village's
compost and leaf removal facility
(5) Setting a public hearing to consider a proposed local law establishing an
amnesty program for work performed or completed without a permit
Board of Trustees Meeting
September 14,2010
Page 1
(6) Considering approval of a FY 07 Law Enforcement Terrorism
Protection Program (LETPP) Red Team Exercise Contract between the
New York State Division of Homeland Security and Emergency
Services (DHSES) and Village of Rye Brook
(7) Considering the renewal of an Emergency Subscriber List Information
License Agreement with Verizon
(8) Considering the rejection of bid #10-01: Alteration of the Posillipo
Community Center
(9) Considering a modification of the License and Permit Fee Schedule for
an adult and middle school cooking class
(10) Considering the approval of Minutes: July 13, 2010; July 27, 2010
ADMINISTRATOR'S REPORT
OLD BUSINESS
1) Section 250-40 Notification Requirements
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: September 28, 2010 and
October 12, 2010
BOARD: Trustee Michael S. Brown
Trustee Toby S. Marrow
Trustee Jeffrey B. Rednick
Trustee Paul S. Rosenberg
Mayor Joan L. Feinstein
Board of Trustees Meeting
September 14,2010
Page 2
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 September 14th regular
meeting of the Board of Trustees. She called for the first item on the agenda:
PUBLIC HEARING:
1) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL
LAW MODIFYING CHAPTER 240 OF THE VILLAGE CODE
REGARDING STOPS SIGNS ON WHITTEMORE PLACE
Mayor Feinstein called for a motion and a second to open the public
hearing. On a motion made by Trustee Jeffrey Rednick, and seconded by
Trustee Michael Brown, the public hear was declared open.
Mr. David Burke, Assistant to 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 Absent
Mayor Joan L. Feinstein Voting Aye
Mr. Christopher Bradbury, Village Administrator, gave a brief overview of
the matter. He noted that a request came in for the replacement of one stop
sign and the installation of a second stop sign on Whittemore Place. A
local law was drafted and it is now before the Board. The request came
from a new resident who reached out with his concerns. The Traffic
Commission reviewed the matter and made its recommendations, which are
now incorporated in this local law.
Mayor Feinstein called for members of the public wishing to address the
Board on this matter. There being no one, and no questions from the Board,
she called for a motion to close the public hearing.
Board of Trustees Meeting
September 14,2010
Page 3
On a motion made by Trustee Rednick, and seconded by Trustee Toby
Marrow, the public hearing was closed.
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 Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for the resolution on this matter:
1) CONSIDERING A PROPOSED LOCAL LAW MODIFYING
CHAPTER 240 OF THE VILLAGE CODE REGARDING STOP
SIGNS ON WHITTEMORE PLACE
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 240 OF THE
VILLAGE CODE REGARDING STOP SIGNS
ON WHITTEMORE PLACE
WHEREAS, the Board of Trustees proposed a local law amending
Chapter 240 of the Village of Rye Brook Village Code regarding stop signs
on Whittemore Place; and
WHEREAS, on July 27, 2010 the Board of Trustees referred the
local law to the Traffic Commission for report and recommendation; and
WHEREAS, at the August 2, 2010 Traffic Commission meeting the
Commission unanimously recommended the addition of these two stop
signs; and
WHEREAS, on September 14, 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 September 14, 2010.
Board of Trustees Meeting
September 14,2010
Page 4
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees hereby approves the local law amending Chapter 240 of the
Village of Rye Brook Village Code regarding stop signs on Whittemore
Place.
On a motion made by Trustee Brown, 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 Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein, with the consensus of the Board, called upon Martin Rogowsky,
County Legislator, to address the Board.
Legislator Rogowsky noted that the Ridge Street project was just about done. He
noted that the County would be signing the deed to the road over to the Village
very soon.
He briefly discussed the CDBG funding for the senior center, noting that the
County entered into a stipulation with HUD. Some municipalities are not reading
themselves into the stipulation between the County and the Department of Justice
regarding affordable housing, and have objected to the signing. The HUD
certifications that have been signed over the years contained a lot of this same
language. Since Rye Brook is essentially within the stipulation, it is not as much
of an issue as it is for some of the other municipalities. Mayor Feinstein noted that
Rye Brook did not sign the agreement since it was just received and was being
reviewed by Staff and Village Counsel.
Mayor Feinstein stated that Posillipo Center is in need of repairs. The Village was
relying on a portion of the money coming from this funding source. The Federal
government is stepping up and is being much more aggressive. The County has a
discretionary funding policy and that language has been added to the agreement.
There are legal interpretations that need to be made.
Board of Trustees Meeting
September 14,2010
Page 5
Trustee Brown asked if any other municipalities have signed the stipulation.
Legislator Rogowsky noted many municipalities have raised questions about the
stipulation.
County Legislator Rogowsky noted that there is a project in the works now from a
security point of view at the Westchester County Airport. There will be some
minor construction. There is a lot of security equipment and very little space
available. Special bomb searching equipment will be installed. This will happen
fairly soon. There is some movement that needs to be dealt with. It was noted
that this is a busy airport, with flights of up to 240 passengers or four commercial
flights per hour.
Mayor Feinstein asked if there was any additional information regarding a parking
garage in North Castle. Legislator Rogowsky stated that he had no additional
information at this time. Mayor Feinstein thanked County Legislator Rogowsky
for addressing the Board and the residents.
Mayor Feinstein returned to the agenda:
3) CONSIDERING REFERRING A PROPOSED SITE PLAN
MODIFICATION OF THE DORAL CONFERENCE CENTER TO
THE PLANNING BOARD FOR REPORT AND
RECOMMENDATION
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING REFERRING A PROPOSED SITE PLAN
MODIFICATION OF THE DORAL ARROWWOOD CONFERENCE
CENTER TO THE VILLAGE PLANNING BOARD FOR REPORT AND
RECOMMENDATION
WHEREAS, Ralph G. Mastromonaco, P.E., P.C. on behalf of Doral
Arrowwood, has submitted an application for a site plan modification for
property located at 975 Anderson Hill Road, Rye Brook, New York and
identified on the Town of Rye Tax Assessor's Map as Section 129.34,
Block 1, Lots 43, 44, and 45; and
Board of Trustees Meeting
September 14,2010
Page 6
WHEREAS, the Board of Trustees has approval authority over site
plan modifications to commercial properties pursuant to Section 209-1B of
the Rye Brook Code; and
WHEREAS, the Board of Trustees determines that the proposed
action is a Type 11 action pursuant to 6 NYCRR Part 617 of the State
Environmental Quality Review Act ("SEQRA") requiring no additional
review under SEQRA.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook, shall hold a public hearing on
November 9, 2010 at 7:30 p.m. at Village Hall, 938 King Street, Rye
Brook, New York to consider the proposed site plan modification; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby
refers the proposed site plan modification to the Planning Board for report
and recommendation; and
BE IT FURTHER RESOLVED, that the Board of Trustees grants
the waivers requested in the letter dated August 16, 2010 from Ralph G.
Mastromonaco which are marked as `Not Applicable" on the Site Plan
Submittal Review Checklist, other than the site plan documents submitted
with the application and the following:
1) Any revisions to plans shall be identified with a revision cloud
and numbered triangle
2) Underground utilities shall be located within area of work
3) Location and description of any existing and proposed easement
(within 500 ft. of the proposed modification)
4) Location, type and size of all existing and proposed landscaping
and screening including fences and walls. (within 500 ft. of the
proposed modification)
Ralph Mastromonaco addressed the Board. He stated that the applicant is
proposing a 3' long by 8' wide utility building. It will be approximately
10'-12' in height, and will be constructed right next to the existing cooling
tower. The building will house three natural gas (3) generators. The
building fits in a flat area and no trees will need to be removed for
construction. The building will be approximately 540 feet from the nearest
resident. This is a well landscaped area. There are three engines inside the
box. From outside the box the decibel rating is under 60. If they were
Board of Trustees Meeting
September 14,2010
Page 7
outside of the box it would be 70-75. There will not be a noise impact,
especially since the cooling tower is quite loud.
Chris Grey, of American DG Energy, addressed the Board and presented
photographs of what the box will look like. Mayor Feinstein called for
questions or comments from the Board, staff or members of the public.
Michal Nowak, Acting Village Engineer, noted that the Village had
questions. This installation requires the installation of a natural gas
pipeline and electrical feeders. The Village will be reviewing the
installation and, at a later date, the landscape plans will also be reviewed.
Mayor Feinstein noted that there were additional items that needed to be
submitted. She asked that no date be set for the public hearing at this time.
On a motion made by Trustee Marrow, and seconded by Trustee Rednick,
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
Trustee Paul S. Rosenberg Voting Aye
Mayor Joan L. Feinstein Voting Aye
2) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED
LOCAL LAW ESTABLISHING A HOTEL OCCUPANCY TAX
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL
LAW ESTABLISHING OF A HOTEL OCCUPANCY TAX
WHEREAS, the Board of Trustees is considering the establishment
of a hotel occupancy tax.
Board of Trustees Meeting
September 14,2010
Page 8
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook, shall hold a public hearing on
September 28, 2010 at 7:30 p.m. at Village Hall, 938 King Street, Rye
Brook, New York to consider the proposed local law.
On a motion made by Trustee Paul Rosenberg, and seconded by Trustee
Brown the resolution was adopted.
Mayor Feinstein noted that Village is looking to enact a hotel tax. This
would be an additional source of revenue. There are over 800 hotel rooms
in the Village of Rye Brook, and this legislation would allow the Village to
impose the maximum of a 3% occupancy tax.
Mayor Feinstein noted that she had specific questions. The Village is
proposing that the tax be paid every three months. She requested some
change/amendments to the document. Edward Beane, Esq., Village
Counsel, noted that he needed time to review this information.
Trustee Rosenberg made a motion to add additional language into the
legislation. Mr. Beane stated that he would review the proposed legislation.
Mayor Feinstein gave her draft, with corrections, to Mr. Beane.
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
4) CONSIDERING AN AGREEMENT BETWEEN THE VILLAGE OF
RYE BROOK AND WESTWOOD ORGANIC RECYCLING FOR
THE OPERATION OF THE VILLAGE'S COMPOST AND LEAF
REMOVAL FACILITY
Mr. Bradbury read the following resolution:
RESOLUTION
Board of Trustees Meeting
September 14,2010
Page 9
CONSIDERING AN AGREEMENT BETWEEN THE VILLAGE OF
RYE BROOK AND WESTWOOD ORGANIC RECYCLING FOR THE
OPERATION OF THE VILLAGE'S COMPOST AND
LEAF REMOVAL FACILITY
WHEREAS, the Village desires to enter into an agreement for the
operation of the Village's compost and leaf removal facility; and
WHEREAS, the Board of Trustees determines that the proposed
action is a Type II action pursuant to 6 NYCRR Part 617 of the State
Environmental Quality Review Act ("SEQRA") requiring no additional
review under SEQRA.
RESOLVED, that the Board of Trustees of the Village of Rye
Brook authorizes the Mayor to sign all necessary documents to enter into an
Agreement with Westwood Organic Recycling for the operation of the
Village's compost and leaf removal facility.
On a motion made by Trustee Morrow, and seconded by Trustee Rednick,
the resolution was adopted.
This resolution deals with the green waste from the Village. There is no
cost to the Village for this type of agreement. The new company will
manage and clean up the composite site. This is a five year agreement.
This situation has worked well in the past. Additional information on this
topic will be on the Village's website for anyone who is interested.
Trustee Brown requested some changes including the addition of an
additional insurance policy because of the use of heavy equipment.
On a motion made by Trustee Brown, which was seconded by Trustee
Rednick, the resolution was amended. 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
September 14,2010
Page 10
Jamie Scoli, President of Westwood Organic Recycling, introduced himself
and thanked the Village for the opportunity.
5) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED
LOCAL LAW ESTABLISHING AN AMNESTY PROGRAM FOR
WORK PERFORMED OR COMPLETED WITHOUT A PERMIT
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL
LAW ESTABLISHING AN AMNESTY PROGRAM FOR WORK
PERFORMED OR COMPLETED WITHOUT A PERMIT
WHEREAS, the Board of Trustees is considering a proposed local
law to amend the amnesty program for work performed or completed
without a permit.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook, shall hold a public hearing on
September 28, 2010 at 7:30 p.m. at the Village Hall, 938 King Street, Rye
Brook, New York to consider the proposed local law.
Mr. Bradbury noted that a request was made to extend the amnesty
program. This program gives the residents the opportunity to legalize
construction that was done without permits, etc.
On a motion made by Trustee Marrow, 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
Board of Trustees Meeting
September 14,2010
Page 11
6) CONSIDERING APPROVAL OF A FY 07 LAW ENFORCEMENT
TERRORISM PROTECTION PROGRAM (LETPP) RED TEAM
EXERCISE CONTRACT BETWEEN THE NEW YORK STATE
DIVISION OF HOMELAND SECURITY AND EMERGENCY
SERVICES (DHSES) AND VILLAGE OF RYE BROOK
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING APPROVAL OF A FY 07 LAW ENFORCEMENT
TERRORISM PROTECTION PROGRAM (LETPP) RED TEAM
EXERCISE CONTRACT BETWEEN THE NEW YORK STATE DIVISION
OF HOMELAND SECURITY AND EMERGENCY SERVICES (DHSES)
AND VILLAGE OF RYE BROOK
WHEREAS, the Village of Rye Brook desires to enter into a Law
Enforcement Terrorism Protection Program (LETPP) Red Team Exercise
Contract with the New York State Division of Homeland Security and
Emergency Services.
NOW THEREFORE BE IT RESOLVED, that Mayor Joan L.
Feinstein is hereby authorized to execute and deliver all necessary
documents for the purpose of entering into an agreement with the State
Division of Homeland Security and Emergency Services (DHSES).
Chief Austin noted that this is a program that took place last September.
New York State will reimburse the Village for the officers that participated
in the program. This program began in 2002, and the exercise is used to
test the different businesses to see how they would react to suspicious
circumstances. The Police Department is now reaching out to the local
schools. Last year officers went to the airport and requested flying lessons
and make outrageous requests to see what the responses would be. Some
businesses were very alert and other places just didn't understand. These
types of tests teach people what to look for. For example if someone comes
in to buy a large amount of propane or other chemicals, items that could be
used in acts of terrorism, the local authorities should be notified. This was
a learning exercise.
Mayor Feinstein reiterated that the resolution was for reimbursement.
Board of Trustees Meeting
September 14,2010
Page 12
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
Trustee Paul S. Rosenberg Voting Aye
Mayor Joan L. Feinstein Voting Aye
7) CONSIDERING THE RENEWAL OF AN EMERGENCY
SUBSCRIBER LIST INFORMATION LICENSE AGREEMENT
WITH VERIZON
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE RENEWAL OF AN EMERGENCY
SUBSCRIBER LIST INFORMATION LICENSE AGREEMENT WITH
VERIZON
RESOLVED, that the Board of Trustees of the Village of Rye
Brook authorizes the Mayor to sign all necessary documents to enter into an
Emergency Subscriber List Information License Agreement with Verizon;
and be it
FURTHER RESOLVED, approval will be contingent on the
approval of any modifications by the Village Attorney.
Mr. Bradbury noted that this is a list that is used for the reverse 911 system.
The resolution approves the agreement with Verizon to maintain this list.
There are approximately 44,000 names. The list is within the Village of
Rye Brook and the Village of Port Chester. Older phone numbers are listed
as Port Chester. The cost is approximately $400.00 per year.
Board of Trustees Meeting
September 14,2010
Page 13
Mr. Bradbury noted that this is the same database as the one the County
uses. This is not a commercial database. Trustee Brown noted that there is
a confidentiality clause because there are unlisted phone numbers. This
information is updated on a regular basis.
Edward Beane, Esq. noted that this is the Verizon agreement and Verizon is
not open to making any changes to it.
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
8) CONSIDERING THE REJECTION OF BID #10-01: ALTERATION
OF THE POSILLIPO COMMUNITY CENTER
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE REJECTION OF CONTRACT
10-01: "ALTERATION TO THE POSILLIPO
COMMUNITY CENTER"
WHEREAS, the Village of Rye Brook has solicited bids for
Contract 10-01: "Alteration to the Posillipo Community Center;" and
WHEREAS, a public notice was duly advertised in an official
newspaper of the Village of Rye Brook on Friday, August 6, 2010; and
Board of Trustees Meeting
September 14,2010
Page 14
WHEREAS, at 10:00 a.m., Wednesday, August 25, 2010, all bids
received were opened as summarized below:
BIDDER BID AMOUNT BID BOND
1. D.P. Consulting Corp. $300,735 Bond
2. FCU Fourmen Construction Inc. $435,020 Bond; and
WHEREAS, the Acting Village Engineer and Village Administrator
recommend this bid be rejected as there were only two received and the
cost exceeded the funds available at this time.
NOW, THEREFORE, BE IT RESOLVED, that bids for contract 10-
01: "Alteration to the Posillipo Community Center" are hereby rejected by
the Board of Trustees.
Mr. Bradbury noted that the bids came in high. They exceeded the funding
available. Eighteen people requested information, but only two companies
put in bids. Now the project has been separated out and now more bids
may come in.
On a motion made by Trustee Marrow, and seconded by Trustee
Rednick, 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
9) CONSIDERING A MODIFICATION OF THE LICENSE AND
PERMIT FEE SCHEDULE FOR AN ADULT AND MIDDLE
SCHOOL COOKING CLASS
Board of Trustees Meeting
September 14,2010
Page 15
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A MODIFICATION OF THE LICENSE
AND PERMIT FEE SCHEDULE FOR AN ADULT AND
MIDDLE SCHOOL COOKING CLASS
RESOLVED, that the following modifications to the License and
Permit Fee Schedule are hereby approved:
Fee Schedule
Adult Chef s of America $250/person
Middle School Cooking $250/person
Mr. Bradbury noted that this is additional programming that is being made
available to residents. The Recreation Department is trying to bring in new
programs.
On a motion made by Trustee Marrow, and seconded by Trustee
Brown, 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
10) Considering the approval of Minutes: July 13, 2010; July 27, 2010
Board of Trustees Meeting
September 14,2010
Page 16
With the consensus of the Board, the approval of the summaries was
adjourned to the next meeting.
ADMINISTRATOR'S REPORT:
Mr. Bradbury noted that the Village has a reverse 911 calling system. A quicker
calling system is going to be available through a grant. With this system, the
Village can get a call out to the entire community in a very short timeframe.
Trustee Brown noted that all residents should submit their email address and cell
phone numbers to Mr. Bradbury's office, to be added to the list.
Mr. Bradbury noted that Reckson has a site development permit. They are doing
some ground clearing and soil stabilization work. They have requested an
extension for building permits previously granted to them but the work being done
is not related to such request.
The Town of Rye has placed tax bill information on the website. Now residents
can make payments on line. There are fees for certain types of payments.
Mr. Bradbury provided an update on Coyotes. The number of calls regarding the
Coyotes has been declining. The Village's website is kept up-to-date, and the
trapping program has been extended. The schools and neighboring communities
are also being kept informed about any sightings and/or situations.
OLD BUSINESS
1) SECTION 250-40 NOTIFICATION REQUIREMENTS
Mr. Bradbury gave an overview of notification requirements. One of the
things that has frustrated applicants is obtaining the information regarding
the notification area. Residents must go to the Town of Rye and look
through paper maps to find the notification areas. Westchester County is
now working with Rye Brook on a very easy to use program. The program
itself allows you to look up the area, which creates a list of the residents to
be notified, and also creates the mailing label. There are some draw backs.
It does not allow you to see the alternate addresses for residents. For
instance, if the owner of the property resides elsewhere the applicant is only
given the name and address of the person residing in the home. Also, you
Board of Trustees Meeting
September 14,2010
Page 17
cannot print maps, but the County is working on this issue. Information on
this matter will be put on the Village's website. There are many benefits to
the program that outweigh the problems.
Mayor Feinstein felt that the owner of the property should be notified. This
means that if the homes are rented then the applicant must locate the
alternate address for the owner. She noted that she was concerned because
if there is an issue that pertains to them the owner should be involved. If a
tenant does not forward the information to the homeowner, then the
homeowner could be unaware of the issue whether it be new construction
or addition work on neighboring homes.
Trustee Rosenberg noted that the notification process is very laborious and
tedious. He stated that he felt strongly that this process should be made
easier for the residents. The benefits outweigh the negatives for this issue.
Mr. Bradbury noted that a public hearing can be held. Mayor Feinstein
asked that the Board look into this further and think about the tradeoffs.
This matter should be a discussion item for the next meeting.
Mayor Feinstein noted that there were instances in Rye Brook where the Coyotes
that were trapped were rabid and that explains the aggressive behavior. The
residents involved in the incidents are fine. She thanked the police department for
mobilizing, and the trapper for staying on top of things. The trapping program
will continue. Five coyotes have been removed from the population. Residents
should continue to call in the sightings and the coyote behavior. If you make noise
and the coyotes are not leaving then the Village needs to know. There have been
sightings throughout the Village.
Mayor Feinstein called for residents wishing to address the Board. Lina Accurso
stepped up to the podium. She began by thanking the Police Department for their
work with the coyotes. She stated that now things have come full circle. Six and
a half years ago she begged the Village not to allow weeds to grow between the
residents' property and the Brook, fearing that it would become a breeding area --
for coyotes and other animals, and for mosquitoes that would bring the West Nile
virus. No one would listen, and Trustee Dean Santon pushed hard. He was
insulting and abusive, and the Board supported him. Now the residents have
coyotes in their backyards, and recently a neighbor has been diagnosed with West
Nile Virus. People have signs posted for lost cats and dogs. These pets are not
Board of Trustees Meeting
September 14,2010
Page 18
lost, they have become coyote food. Residents are now fearful. The worst part is
that this did not have to happen. Former Trustee Santon bestowed this misery on
the residents. Mayor Feinstein stated that Former Trustee Santon did not make the
decisions for the Board.
Mayor Feinstein stated that the Village has no information about the location of
any resident with West Nile virus. Ms. Accurso assured her that the information
was true and that a 72 year old resident has been diagnosed with this virus for
which there is no cure.
Ms. Accurso stated that she wanted an immediate answer. She wanted a meeting
with the Village scheduled for 9:00 a.m. tomorrow, a formal apology, and
restitution for her family and her neighbors. She stated when the change was
made and residents were prohibited from mowing the lawns between their
property and the Brook, no SEQRA was done. She demanded that the illegal
weeds be ripped down immediately. If the Village did not agree to her demands,
she would instead present herself at the District Attorney's office. She stated that
this is now a critical point for the residents and the Village. Residents are afraid
for their children and their pets. They can no longer use their backyards. Two
acres of trees were ripped down although the Village knew that animals lived in
that area, and yet no trapper was hired to address the displaced animals. The
Village ignored the complaints and concerns from the residents, and now their
worst fears have come true and the Village must be held accountable.
Ms. Accurso stated that the Village harassed her elderly, sick father and cost him a
lot of money when they forced him to remove the structure that he was told was on
the Village's property. She asked for a criminal investigation. She wants to know
why her father was made to remove the so-called encroachments, while other
residents were not.
Mayor Feinstein stated that there were many encroachments and they were
removed.
Ms. Accurso stated that she has a six and a half year paper trail, ready for criminal
investigation. She informed the Board of her intentions, which included the
removal from office and disbarment of Mayor Feinstein. Ms. Accurso stated that
in her opinion Mayor Feinstein put the residents in danger.
Mayor Feinstein stated that she and the members of the Board take their roles very
seriously. She thanked Ms. Accurso for her comments.
Board of Trustees Meeting
September 14,2010
Page 19
Mayor Feinstein called for a motion for an executive session. On a motion made
by Trustee Brown, and seconded by Trustee Rednick, the meeting was adjourned
at 9:50 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
Trustee Paul S. Rosenberg Voting Aye
Mayor Joan L. Feinstein Voting Aye
Board of Trustees Meeting
September 14,2010
Page 20