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HomeMy WebLinkAbout2010-11-23 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 23, 2010-7:30 P.M. 7:00 P.M.–Executive Session– Potential Litigation & Contract Negotiations ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: (1) Affordable Housing Discussion Paper PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 209 of the Village Code regarding as built surveys RESOLUTIONS: (1) Considering proposed modifications to Chapter 209 of the Village Code regarding as built surveys (2) Considering an agreement between the Village of Rye Brook and D'Agostino for the use of D'Agostino's Kitchen for Cooking Classes (3) Considering the cancellation of the December 28, 2010 Board of Trustees Meeting ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: (1) Update on Coyote Trapping Program (2) Use of Roanoke Park as a Dog Park ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting November 23, 2010 Page 1 THE NEXT REGULAR TRUSTEES MEETINGS December 14, 2010 BOARD: Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein EXCUSED: Trustee Michael Brown STAFF: David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Gregory Austin, Chief of Police Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the Regular Meeting of the Board of Trustees. REPORT: (1) AFFORDABLE HOUSING DISCUSSION PAPER Mayor Feinstein gave a brief overview of what this report by F. P. Clarke is in that it was commissioned by the Village in response to the settlement of the Westchester County Affordable Housing Lawsuit. Mr. Bradbury added that although the Westchester County Implementation Plan was not approved in its entirety, a model ordinance was and the Village is being proactive. The Village has formed an affordable housing task force and will be looking at its existing ordinance and how it compares to the model ordinance proposed by the county. Mrs. Timpone-Mohamed from Frederick Clark Associates, addressed the Board and explained that this report contains possible stipulation compliant affordable housing sites in the Village of Rye Brook. It is a draft report and once the board is comfortable with the report it can be provided to a variety of constituents who may find it useful. Mayor Feinstein pointed out that this report is also available on the Village's website for review. Mrs. Mohamed continued and stated that the properties outlined in the report have a variety of constraints attached to them and these properties were basically chosen because Board of Trustees Meeting November 23, 2010 Page 2 there is space available through re-use or new construction. There are many more steps before any of the properties could be developed. Most of the properties are privately owned, owned by the Village or by other entities. Rye Brook is primarily built out so there are no large sites where many units can be added because it is a largely settled community. The identified properties are located throughout the village and some of the commercial properties in the plan where chosen because they are currently being underused, such as 900 King Street. Mrs. Mohamed showed on the map the properties that were selected for possible use and gave some of the advantages and disadvantages with each. One of the properties, the old Atria property was selected as a proposed site and is in the buffer area, not the actual business offices. Another property located at Barber Place was included in the report and it was noted that a developer had submitted a sketch plan for affordable housing units at that site at the last Board of Trustees meeting. Mayor Feinstein thanked Mrs. Mohamed for her report and noted that while there are potential sites throughout the village, there are a lot of constraints associated with those sites as well. The affordable housing under the settlement agreement is really aimed at families and new construction which basically means using vacant land. The Village is also studying the maintaining of open land: we find ourselves talking about finding property to build affordable housing and it is quite a conflict. It's important also to educate the community on affordable housing which is a complicated topic, and we are still learning. The Village is also stressed that it is not Section 8 housing in that it is not for people who are on food stamps and the like. Trustee Rosenberg thanked Mrs. Mohamed as well for her very detailed report which he agreed was well done and asked, with respect to the Kingswood development why the map shows the units built out but yet the K&M Realty property is not. Mrs. Mohamed explained that the Kingswood property was going to be subdivided into individual lots but the K& M project was not. Trustee Marrow also agreed that the report was very detailed and well done and a lot to take in. Mayor Feinstein stated again that the report was on the Village website for review and she is sure there will be some feedback from the residents. She wanted to make clear that the Village of Rye Brook is not building any units. Instead, the Village is being approached by developers who will actually have to go before the County as well for potential funding. PUBLIC HEARINGS: (2) Public hearing to consider a proposed local law amending Chapter 209 of the Village Code regarding as built surveys Board of Trustees Meeting November 23, 2010 Page 3 On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the Public Hearing was opened and Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Bradbury, Village Administrator, gave a brief explanation of what this proposed change is in that it will provide flexibility and codifies the current procedures. Trustee Rosenberg asked for a brief overview of why this is necessary so the public can have a better understanding. Mr. Bradbury explained that there are certain areas where a building permit can be revoked such as an error in issuing the permit, work not being done as approved, a stop work order being issued that is ignored, etc. The Building Inspector needed the flexibility to request a survey during development if he deems it is necessary. There being no further questions or comments, Mayor Feinstein called for a motion and on a motion made by Trustee Rednick and seconded by Trustee Marrow, the Public Hearing was closed and Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Bradbury read the resolution: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 209 OF THE VILLAGE CODE REGARDING AS BUILT SURVEYS AND PERMITS WHEREAS, on November 23, 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 November 23, 2010. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 209 of the Village Code regarding as built surveys and permits. On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution was adopted. Board of Trustees Meeting November 23, 2010 Page 4 Trustee Rosenberg noted that this is not just as built surveys — it also allows building permits to be revoked. Mayor Feinstein pointed out that can be done now. Trustee Rosenberg believes the title should be changed and after a brief discussion and a slight word change, Trustee Rosenberg made a motion to accept the resolution as amended and on a second by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (3) Considering an agreement between the Village of Rye Brook and D'Agostino for the use of D'Agostino's Kitchen for Cooking Classes Mr. Bradbury read the resolution: CONSIDERING AN AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND D'AGOSTINO FOR THE USE OF D'AGOSTINO'S KITCHEN FOR COOKING CLASS WHEREAS, The Village of Rye Brook Recreation Department is utilizing the kitchen at D'Agostino's located in the Rye Ridge Shopping Center to offer adult and youth cooking classes; and WHEREAS, an agreement on services and indemnification is necessary in order to provide said cooking classes at D'Agostino's. NOW THEREFORE BE IT RESOLVED, the Mayor is hereby authorized to sign and execute the attached agreement to utilize D'Agostino's kitchen for a Rye Brook Recreation cooking classes. On a motion made by Trustee Marrow and seconded by Trustee Rednick, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Board of Trustees Meeting November 23, 2010 Page 5 (4) Considering the cancellation of the December 28, 2010 Board of Trustees Meeting Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE CANCELLATION OF THE DECEMBER 28, 2010 BOARD OF TRUSTEES MEETING RESOLVED, that the regularly scheduled Board of Trustees meeting on December 28, 2010 is hereby cancelled. On a motion made by Trustee Rednick and seconded by Trustee Rosenberg, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE ADMINISTRATORS REPORT In regard to leaves, Mr. Bradbury pointed out that we our passed our peak in terms of collection. The Parks Department has been assisting in the leaf collection and we have been keeping the website updated for the residents. The Village offices will be closed this Thursday and Friday in observance of Thanksgiving and added that in regard to recycling and garbage, it gets moved back one day. Ridge Street reconstruction — the Village received confirmation today from Con Ed that the last of the wiring will be completed tomorrow and their work will be complete. The next phase is for Verizon to complete the switching/removal of the poles at the intersection of Ridge Street and Betsy Brown. DISCUSSION ITEMS: (5) Update on Coyote Trapping Program Mayor Feinstein noted that as this was brought up by Trustee Brown that she will hold it until the next Board meeting. (6) Use of Roanoke Park as a Dog Park Board of Trustees Meeting November 23, 2010 Page 6 Mayor Feinstein asked for this discussion item after receiving some phone calls from residents. There is access to this park through a driveway which is actually Village property. She received two calls this week adding that most residents don't even know Roanoke Park is there. The issue of dog parks has been brought up many times and this Board understands the passion and concern of the residents. Roanoke Park has no amenities and is mostly a passive park but people are using it as a dog park even though it is not a dog park. The Mayor noted that she has paid a visit to the site. There are individuals that want it designated as a dog park and obviously there are people or nearby residents that don't. The Mayor also has a concern with parking and would like to get additional input on this topic. Trustee Rosenberg feels the same way as the Mayor but in his opinion, it would be unfair to the residents who live there to put a dog park there. There would be issues with noise and congestion and parking issues. He also noted that the shopping center is nearby and it is for people using the center, not walking their dogs. In his opinion, it is not the right place for a dog park. Mr. Bradbury added that this park was looked at prior to tonight. It was decided then to not proceed to consider making Roanoke Park a dog park. Maly Johnson of Larchmont, New York a reporter for the Westchester Guardian, addressed the Board stating that she owns a dog and has spent a lot of time herself looking for a dog park and has at times had to travel 40 minutes for a place to let her dog run free. Mayor Feinstein agrees it is a tough problem and she wants to help everyone from the residents who want their dogs to have a place to go and run to the residents who don't want a dog park by their homes. As there were no further comments or questions, Mayor Feinstein wished everyone a great Thanksgiving and called for a motion to adjourn. On a motion made by Trustee Rednick and seconded by Trustee Marrow, tonight's meeting was adjourned at 8:50 pm. Mr. Burke called the roll: TRUSTEE BROWN ABSENT TRUSTEE MARROW AYE TRUSTEE REDNICK AYE TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Board of Trustees Meeting November 23, 2010 Page 7