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HomeMy WebLinkAbout2010-10-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, OCTOBER 26, 2010-7:30 P.M. AGENDA 7:00 P.M.–Executive Session– TowerCo-Lease Agreement -- Police Department Personnel ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: (1) Public hearing to consider an extension of the site plan and wetlands permit approvals for Phase 3 of the Reckson Executive Park (2) Public hearing to consider a proposed local law amending Chapter 250 of the Village Code regarding notification requirements RESOLUTIONS: (1) Considering an extension of the site plan and wetlands permit approvals for Phase 3 of the Reckson Executive Park (2) Considering a proposed local law amending Chapter 250 of the Village Code regarding notification requirements (3) Considering the donation of a tree and memorial plaque in honor of Sergio Fratarcangeli (4) Setting a Public Hearing to consider a proposed local law amending Chapter 240 of the Village Code regarding no parking on Wyman Street and Wyman Street North Board of Trustees Meeting October 26, 2010 Page 1 of 15 (5) Considering appointing members to an affordable housing model ordinance task force (6) Considering a salary modification for an Intermediate Account Clerk (7) Considering the approval of minutes ADMINISTRATOR'S REPORT: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: November 9 & November 23, 2010 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, 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. With the permission and consent of the Board, one item was taken out of order. 3) CONSIDERING THE DONATION OF A TREE AND MEMORIAL PLAQUE IN HONOR OF SERGIO FRATARCANGELI Mr. Bradbury read the following resolution: Board of Trustees Meeting October 26,2010 Page 2 of 15 RESOLUTION CONSIDERING THE DONATION OF A TREE AND MEMORIAL PLAQUE IN HONOR OF SERGIO FRATARCANGELI WHEREAS, Phyllis Fratarcangeli desires to donate a tree to be planted in a Village park to the Friends of Rye Brook in honor of her late husband Sergio Fratarcangeli. NOW, THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accepts a donation of$750, the value of a tree and memorial plaque, from Phyllis Fratarcangeli; and be it FURTHER RESOLVED, the tree and memorial plaque will be planted by the Village's Parks and Recreation Department in the spring of 2011. Mrs. Fratarcangeli thanked the Board. She noted that her husband was a good man, a good neighbor, a generous contributor to all charities, and he would be happy that the tree was planted in his memory. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Michael Brown, 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 Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the first item on the agenda under Public Hearings. PUBLIC HEARINGS: Board of Trustees Meeting October 26, 2010 Page 3 of 15 (1) PUBLIC HEARING TO CONSIDER AN EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK On a motion made by Trustee Paul Rosenberg, and seconded by Trustee Toby Marrow, the public hearing was opened. 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 William Null, Esq., from the firm of Cudy and Fedder, addressed the Board. He noted that the applicant has submitted an application for an extension for Phase 3 of Reckson Executive Park. The matter is before the Planning Board. The applicant's approval will expire on November 7, 2010. The applicant respectfully requested a short-term extension. After the Planning Board has completed its review and made its recommendations, then an additional extension would be requested. Mayor Feinstein noted that what was being proposed was a 60 day extension. A public hearing will need to be set in order to consider a second extension. A discussion ensued regarding setting of the second public hearing. It was noted that there was a possibility that the Board of Trustees would only have one meeting in December. The decision was to schedule the public hearing for December 14'11 The date can be adjourned, or a further extension can be discussed at that time if the Village Board has not received the recommendations from the Planning Board. Mayor Feinstein called for members of the public wishing to address the Board on this matter. There being no one, she called for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was closed. Mr. Burke called the roll: Board of Trustees Meeting October 26,2010 Page 4 of 15 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 called for the resolution in connection with the Reckson application. RESOLUTIONS: 1) CONSIDERING AN EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN EXTENSION OF THE SITE PLAN AND WETLANDS PERMIT APPROVALS FOR PHASE III OF THE RECKSON EXECUTIVE PARK WHEREAS, Reckson, a division of S.L. Green Realty Corp. has submitted a request for a five year extension of the Phase III Site Plan Approval and permit to perform regulated activities in a wetland for certain property located at 1100 King Street, Rye Brook, New York, which property is also commonly known as "Reckson Executive Park;" and WHEREAS, the Board of Trustees has referred the request for a five year extension to the Planning Board for a report and recommendation; and WHEREAS, the current site plan approval and wetlands permit for Phase III is set to expire on November 7, 2010; and Board of Trustees Meeting October 26,2010 Page 5 of 15 WHEREAS, the Board of Trustees has considered extending the Phase III site plan approval and wetlands permit for an interim sixty days while the five year extension is being reviewed and considered by the Planning Board and Board of Trustees; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determines the proposed action to be Type II, requiring no further review pursuant to the requirements of SEQRA; and WHEREAS, a duly advertised public hearing was held on October 26, 2010 at which time all those wishing to be heard were given such opportunity. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall extend the Phase III Site Plan Approval and permit to perform regulated activities in a wetland for sixty days (60) from November 7, 2010 while the five year extension is being reviewed and considered. The date of the public hearing was amended. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the resolution was adopted, as amended. The role 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 Mayor Feinstein called for an item that was added to the agenda as a courtesy to the applicant. 8) CONSIDERING A WAIVER OF SECTION 123-7(A) OF THE VILLAGE CODE RESTRICTING HOURS FOR FILMING EVENTS Mr. Bradbury read the following resolution: Board of Trustees Meeting October 26, 2010 Page 6 of 15 RESOLUTION WHEREAS, the Village Clerk received a request made by Mercury Productions, LLC for a film pen-nit for the production of a feature film from 7:00 a.m. on Thursday, November 4, 2010 until 7:00 p.m. on Friday, November 5, 2010; and WHEREAS, Section 123-7(A) of the Village Code requires that all filming on these days occur between 7:00 a.m. and 11:00 p.m.; and WHEREAS, Mercury products, LLC has submitted a request to allow the continuation of filming overnight from 11:00 p.m. on November 4, 2010 through 7:00 a.m. on November 5, 2010; and WHEREAS, Section 123-10 of the Village Code allows for the Village Board to waive all or part of Chapter 123, Filming, for a particular filming and/or recording event on the Village Board's finding that such waiver would be in the public interest of the surrounding neighborhood and/or Village as a whole. NOW, THEREFORE, BE IT RESOLVED, the Village Board hereby approves the request made by Mercury Productions, LLC to waive Chapter 123- 7(A) which would result in filming from 7:00 A.M. on Thursday, November 4, 2010 until 7:00 P.M. on Friday, November 5, 2010 as it has determined that this particular filming request is in the public interest of the surrounding neighborhood and/or Village a a whole. On a motion made by Trustee Rednick, and seconded by Trustee Brown, the resolution was opened for discussion. The Location Manager for Mercury Productions addressed the Board. He stated that filming would begin at Walden Books in the Rye Ridge Shopping Center, and then move to behind the Port Chester Middle School fields. The applicant was also asking that the Board grant official approval for the production company vehicles to park in the Shopping Center during filming. As the night portion of the scene will be filmed on Port Chester Middle School property, vehicles will be parked overnight on the Rye Town Hilton property. The general nature of the scene would involve lighting in the woods. At this time the Board of Trustees Meeting October 26,2010 Page 7 of 15 Production Company has verbal approval for placing equipment and lighting equipment in this wooded area. Official approval is being worked on. It was noted that a permit to film after 11:00 p.m. was needed for the scene in the woods. Mayor Feinstein asked for a brief overview of the traffic, lighting, and noise impacts. The response from the Location Manager was that the scene would take place in the center of the school property, away from the roadways. The closest neighbor is 768-800 Westchester Avenue. All filming will take place on school property. There will be approximately 70 cast and crew members. The only noise will come from the two condor lifts for the lighting. Mr. Bradbury noted that this is an application in progress. A permit won't be issued until all of the questions have been answered. Written permission from all of the property owners is one of the conditions. There will be no traffic or parking disruptions. The Police Chief has been notified, and there will be some police presence. The Avon residents are the closest residents to the proposed filming site and they should not be affected. On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the resolution was approved. 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) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE REGARDING NOTIFICATION REQUIREMENTS On a motion made by Trustee Rednick, and seconded by Trustee Brown, the public hearing was declared open. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Toby S. Marrow Voting Aye Board of Trustees Meeting October 26,2010 Page 8 of 15 Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury noted that the local law has been modified and made more user friendly than the current process. Trustee Rosenberg thanked Mr. Bradbury for coming up with the solution. Mayor Feinstein called for anyone wishing to address the Board on this matter. There being no one, she called for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the public hearing was closed. 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 The resolution regarding Chapter 250 was called before the Board: 2) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE REGARDING NOTIFICATION REQUIREMENTS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE REGARDING NOTIFICATION REQUIREMENTS WHEREAS, on October 26, 2010 the Board of Trustees opened a public hearing on the subject local law and at which time all persons Board of Trustees Meeting October 26,2010 Page 9 of 15 interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on October 26, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending the Chapter 250 of the Village Code regarding notification requirements. There was no additional discussion on this matter. On a motion made by Trustee Brown, 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 4) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING NO PARKING ON WYMAN STREET AND WYMAN STREET NORTH Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING NO PARKING ON WYMAN STREET & WYMAN STREET NORTH 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 Board of Trustees Meeting October 26, 2010 Page 10 of 15 Brook, New York to consider a proposed local law amending Chapter 240 of the Village Code regarding no parking on Wyman Street & Wyman Street North. Mr. Bradbury noted that these streets are very tight and it is difficult for emergency vehicles and school buses to get through. It is extremely challenging to make any turn. Since there may be parking issues, the residents should be notified of the proposed changes. The restrictions could include the weekends. On a motion made by Trustee Rosenberg, 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 5) CONSIDERING APPOINTING MEMBERS TO AN AFFORDABLE HOUSING MODEL ORDINANCE TASK FORCE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING CREATING AND APPOINTING MEMBERS TO AN AFFORDABLE HOUSING MODEL ORDINANCE TASK FORCE WHEREAS, pursuant to a Stipulation and Dismissal (the "Stipulation") entered in U.S. ex rel. Anti-Discrimination Center v. Westchester, the county is required to produce a model inclusionary zoning ordinance for consideration by the municipalities impacted by the Stipulation; and Board of Trustees Meeting October 26, 2010 Page 11 of 15 WHEREAS, the Fair and Affordable Housing Implementation Plan (the "Implementation Plan") prepared by Westchester County and submitted to the federal monitor provides zoning provisions and various subject areas for municipalities to consider in the review of their zoning code on matters affecting fair and affordable housing; and WHEREAS, in order to be proactive on the request from Westchester County for municipalities to review their zoning code on matters affecting fair and affordable housing, the village desires to create an Affordable Housing Model Ordinance Task Force to review and make recommendations to the Village Board on areas identified in the Implementation Plan involving a review of model ordinance provisions as they relate to the zoning code of the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook hereby creates an Affordable Housing Model Ordinance Task Force to review and make recommendations to the Village Board regarding the Village's Zoning Code provisions affecting applications for fair and affordable housing; and be it FURTHER RESOLVED, the following members are hereby appointed to the Affordable Housing Model Ordinance Task Force: Joan Feinstein, Mayor (Task Force Chair) Jeffrey Rednick, Trustee Gary Zuckerman, Planning Board Chair Dominick Accurso, Planning Board Member Robert Goodman, Planning Board Member Christopher Bradbury, Village Administrator Michael Izzo, Building Inspector Marilyn Timpone-Mohamed, Village Planning Consultant On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. Mayor Feinstein questioned whether or not Village Counsel needed to be a member and needed to attend the meetings. Edward Beane, Esq., Village Counsel, stated that Counsel should attend the meetings, but did not need to be a member of the Committee. Board of Trustees Meeting October 26, 2010 Page 12 of 15 Mayor Feinstein noted that several members that will be on this Committee are currently taking classes on affordable housing at Pace University. 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 6) CONSIDERING A SALARY MODIFICATION FOR AN INTERMEDIATE ACCOUNT CLERK Mr. Bradbury read the following resolution: RESOLUTION RESOLVED, that effective June 1, 2010 the annual salary of Laurence Simmons, Intermediate Account Clerk, shall be increased to $39,878. On a motion made by Trustee Brown, 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 APPROVAL OF MINUTES Mayor Fesintein noted that the summaries would be discussed at the next Board of Trustee meeting. Mayor Feinstein called for the Administrator's Report: Board of Trustees Meeting October 26, 2010 Page 13 of 15 ADMINISTRATOR'S REPORT: Mr. Bradbury began his report with an update on the Ridge Street Project. He noted that things were moving along quite well and pointed out that this is a County Project. Next discussed was the traffic signal at Ellendale, the completion of the sidewalk where Ridge Street meets Betsy Brown, and Cablevision and Con Ed's work in that area. Mr. Bradbury noted that Halloween was coming up. He stated that there would be police presence and that letters have been sent out to the schools. The police will confiscate any eggs or shaving cream. Now is the time that leaf pick up will increase. The heavy period is coming up within the next few weeks. The Village has all information, comparisons from prior years, and where the Village will be in the next few weeks posted on its website. Mr. Bradbury noted that sub-committee meetings have been scheduled to discuss the dissolution of the Town of Rye. This includes Rye Brook, Rye Town, Port Chester, and Mamaroneck. The meetings will be held over the next 15 months. An IMA between municipalities and state contract will also be needed. Mr. Bradbury called for a moment of silence for Sal Romero who passed away today. Mr. Romero was a crossing guard for the Village for years, and worked summers as a Tennis Attendant. Mayor Feinstein noted that the next Board of Trustee Meetings were scheduled for November 9th and November 23ra Mayor Feinstein called for members of the public wishing to address the Board. There being no one, she requested a motion for an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the Executive Session was set. The roll was called: Board of Trustees Meeting October 26,2010 Page 14 of 15 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 The meeting was adjourned at 8:25 p.m. Board of Trustees Meeting October 26, 2010 Page 15 of 15