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HomeMy WebLinkAbout2010-12-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 14, 2010-7:30 P.M. AGENDA 7:00 p.m. Executive Session: Legal Matters related to Arbors Site Plan Application Contract Negotiations ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Sketch Plan Application: Bowridge Commons, Barber Place PUBLIC HEARING: (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 site plan modification to the Doral Arrowwood Conference Center RESOLUTIONS: (1) Considering an extension of the site plan and wetlands permit approvals for Phase 3 of the Reckson Executive Park (2) Considering the support of Mandate Relief in any Property Tax Cap legislation (3) Considering the authorization of a Snow & Ice Agreement for County Roads from October 1, 2010 through September 30, 2015 (4) Considering a Snow & Ice Agreement with New York State Department of Transportation for the 2011/2012 snow seasons Board of Trustees Meeting December 14,2010 Page 1 of 16 (5) Considering the approval of minutes: October 12 & October 26, 2010 (6) Considering the transfer of $5,000 from Contingency to Police Miscellaneous for expenses related to DARE officer training ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: (1)Update on Coyote Trapping Program ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: January 11 and 25, 2011 BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Jeffrey B. Rednick Trustee Paul S. Rosenberg Mayor Joan L. Feinstein STAFF: Christopher J. Bradbury, Village Administrator 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 Paula Patafro, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the December 14th Regular Meeting of the Board of Trustees. She noted that this would be the last meeting for 2010. The first item on the agenda was a Sketch Plan Application for Barber Place. A preliminary meeting was held, and feedback was received. Board of Trustees Meeting December 14,2010 Page 2 of 16 REPORT: 1) SKETCH PLAN APPLICATION: BOWRIDGE COMMONS, BARBER PLACE Mayor Feinstein welcomed Port Chester School District Board of Education President, Jim Taylor. She noted that the applicant and Village have kept the Board of Education informed. Anthony Federico, Architect, addressed the Board. He noted that he has addressed the comments received from the Board at the November meeting and implemented them into the plans. The buildings have been redesigned. There is access from Bowman Avenue and Barber Place. The applicant is now proposing eight (8) one bedroom units and eight (8) two bedroom units. The Board has received the floor plans. The ground floor will be one bedroom units for senior citizens. Above these units is a two-story unit with living room, dining and kitchen and two (2) bedrooms on the next level. The buildings are now set back further from the street; approximately 11 1/2 feet, and they will be well landscaped. The plans are still in the preliminary stage. Mayor Feinstein noted that the applicant heard what the Board had to say and incorporated the comments into the new plans. The areas that concerned the Board of Trustees have been taken into account. It was noted that the potential impact on the Port Chester School System was discussed, and the one-bedroom units address this. This application, when submitted will be referred to the Planning Board for recommendations. Any variances that are required will be referred to the Zoning Board of Appeals. Trustee Jeffrey Rednick asked if the garages were removed. Mr. Federico noted that garages were removed to create open space. Trustee Paul Rosenberg questioned how many parking spots there would be. Mr. Frederico responded that 24 parking spaces are now proposed. It equates to two parking spaces for the two-bedroom units and one space for the one-bedroom units. Trustee Michael Brown asked where the access to the one bedroom units would be. Mr. Frederico pointed out the entrances to the apartments on the Board of Trustees Meeting December 14,2010 Page 3 of 16 rendering. Trustee Brown noted that the rental aspect bothered him. The owner occupied unit would rent the one-bedroom. He was concerned that the units could be turned into a home for a family with three or four kids. Mayor Feinstein noted that a deed restriction could be in place. The one bedroom units give potential homeowners the opportunity to buy because there would be income generated from the two-bedroom units. The goal is to have as minimal as possible effect on the school district. Trustee Rosenberg asked that future renderings/photographs be more realistic. There is an office building behind the proposed units, not a mountain. Mayor Feinstein called for members of the public wishing to address the Board concerning the plans. The representative from the Port Chester Board of Education addressed the Board. He noted that the applicant has been very responsive to the School Board's comments. He thanked the Village and the Developer for keeping the School Board apprised of the proj ect. Mr. Frederico thanked the Board for its time. The next step is to prepare a formal plan. Mayor Feinstein called for the first public hearing on the agenda: PUBLIC HEARING 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 Michael Brown, and seconded by Trustee Jeffrey Rednick, the public hearing was declared open. It was noted that the applicant came before the Board in August for an extension. The matter was referred to the Planning Board and it made a recommendation. Anthony Gioffre, Esq., Cuddy and Feder, addressed the Board. He noted that this application was before the Board earlier this year for extensions of the site plan and wetlands permits. A 60-day extension was granted. The Planning Board has issued a recommendation. Mr. Schwalbe now addressed the Board. The building is 280,000 square feet. The site is equipped with parking. During the extensive review process the parking was reduced. The site plan has remained the same. Board of Trustees Meeting December 14,2010 Page 4 of 16 The proposed building is to be constructed on the third parcel. The application was reviewed and brought up to current standards. Primarily the design is still intact, with additional treatment of storm water runoff. This enforces the design that has been in place. There have been a considerable amount of improvements that have already been accomplished. Other improvements have been suggested and agreed upon. A lot of work has been done, and the project continues to move ahead. Mayor Feinstein noted that there was a recommendation that a parking demand study take place. She felt that the parking analysis completed over ten years ago need not be updated at this time. Trustee Rosenberg agreed with Mayor Feinstein. He liked the idea of the proposed design of the islands in the parking areas. Mayor Feinstein noted that the Planning Board recommended that the approval be extended for five years. The applicant has tried very hard to secure a tenant for this building in these trying economic times. Trustee Brown asked why a five year extension was necessary. This extension would bring the timeframe up to twenty-five years. Attorney Gioffre noted that given the economic times, the financing and the due diligence the tenants would have to go through four or five years will go by quickly. The applicant feels that five years is the bare minimum number of years needed. This is a reasonable time period. Trustee Rosenberg inquired as to how long it would take to actually construct the building. The response was twelve months. On a motion made by Trustee Rednick, and seconded by Trustee Toby Marrow, the public hearing was closed. 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 resolution on this matter. Board of Trustees Meeting December 14,2010 Page 5 of 16 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 FO RPHASE 3 OF THE RECDKSON EXECUTIVE PARK WHEREAS, Reckson, a division of S.L. Green Realty Corp. ("Reckson"), is the owner of certain property located at 1100 King Street, Rye Brook, New York, which property is also commonly known as "Reckson Executive Park"; and WHEREAS, Reckson has made an application to the Village of 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 known as "Phase III," which also is known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1, Block 3, Lots 2, 3 and 4 (the "Property"); and WHEREAS, the current site plan approval for Phase III was set to expire on November 7, 2010; and WHEREAS, the Board of Trustees extended the Phase III site plan approval for an interim sixty (60) days while the five year extension is being reviewed and considered; and WHEREAS the application was referred to the Planning Board for report and recommendation on August 17, 2010 and on December 9, 2010 the Planning Board approved a report and recommendation to the Board of Trustees recommending the following: 1) If an extension is granted by the Board of Trustees, it is for a period of less than five years. The proposed development is within an environmentally sensitive area and the Planning Board believes that granting another five year extension is unwarranted given that the applicant originally submitted this application in 2000. Granting an extension for a shorter period than five years will allow the Board of Trustees to maintain control over the application if the applicable environmental laws, regulations or best practices should change over time. Board of Trustees Meeting December 14,2010 Page 6 of 16 2) The Board of Trustees considered requiring the applicant to perform a parking demand study and shared parking analysis of the site. The current parking plan results in a large area of impervious coverage on the lot. By reducing the number of parking spaces, this will accomplish a concomitant reduction in impervious surface onsite and may reduce the size of the detention ponds further limiting the disturbance to the wetlands and wetland buffer. 3) The Board of Trustees consider requiring the applicant to design the parking fields to allow infiltration of stormwater by use of rain garden landscape islands within the parking area to further reduce the size of the stormwater detention basins. 4) The Board of Trustees accepts the changes proposed by Divney- Tung Schwalbe in response to Mr. Rotfeld's November 11, 2010 memorandum to Michal Nowak, Acting Village Engineer. The Rotfeld recommendations will conform the Applicant's proposed plan to current standards and best practices. Mr. Rotfeld has indicated that the engineer has satisfactorily addressed these comments in a set of revised plans submitted to the Planning Board on December 9, 2010. WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, on December 14, 2010, the Village Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application an the Village Board of Trustees closed the public hearing on December 14, 2010; and WHEREAS,the Board of Trustees, after due deliberation, finds it would be in the best interest of the Village to approve a five year extension of the Site Plan and Wetlands Permit Approvals for that portion of the Reckson Executive Park known as "Phase III"; and WHEREAS, the Board of Trustees, concurs with the recommendations submitted by the Planning Board with respect to this application. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves a five year extension of the Site Plan and Wetlands Permit Approvals for that portion of the Reckson Executive Park known as "Phase III" until 11:59 p.m. on December 14, 2015 subject to the following conditions: Board of Trustees Meeting December 14,2010 Page 7 of 16 1) The Applicant performs a parking demand study and shared parking analysis of the overall site. 2) The Applicant designs the parking fields to allow infiltration of stormwater by use of rain garden landscape islands within the parking area. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the draft resolution was adopted with modification thereto. Trustee Rosenberg made a motion to strike the first condition. He also made a motion to insert the extension duration of five years. The five year period will begin today. Mr. Bradbury asked that one condition be added. Trustee Rosenberg made a motion to add the condition. The last whereas clause would need to be stricken and incorporated into the resolution. The Board discussed a rain garden. Attorney Gioffre noted that the applicant can look into the rain garden but it is not something that can be committed to at this point. Mr. Schwalbe noted that it depends on the extent of the rain garden. Some small areas can be included. The concern is to not have the parking area creep out. Mr. Bradbury reviewed all of the proposed changes to the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted with modifications. 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 Mayor Feinstein welcomed County Legislator Martin Rogowsky to the meeting. Mr. Rogowsky addressed the Board and gave a brief update on the IDA. He noted that there was a new Head of Economic Development, and he reviewed changes to Board of Trustees Meeting December 14,2010 Page 8 of 16 the airport. He also noted that after five weeks of work, the County Budget has been completed. PUBLIC HEARING: 2) PUBLIC HEARING TO CONSIDER A PROPOSED SITE PLAN MODIFICATION O THE DORAL ARROWWOOD CONFERENCE CENTER Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Marrow, the public hearing was declared open. 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 The applicant has requested an adjournment and, with the consensus of the Board, the public hearing was adjourned to January 25, 2011. Mayor Feinstein called for the second resolution on the agenda: 2) CONSIDERING THE SUPPORT OF MANDATE RELIEF IN ANY PROPERTY TAX CAP LEGISLATION Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees Meeting December 14,2010 Page 9 of 16 CONSIDERING THE SUPPORT OF MANDATE RELIEF IN ANY PROPERTY TAX CAP LEGISLATION WHEREAS, the level of property taxation throughout New York has reached dangerously high levels; and WHEREAS, New York leads the nation in property taxes simply because we lead the nation in imposing inefficient state mantes on our local governments; and WHEREAS, two of the largest components of every municipal budget over which local officials have little control — pension payments and health insurance costs— are increasing at exorbitant rates; and WHEREAS, in the case of pension costs, bills from the State Retirement System will increase by an average of 40% in both 2011 and 2012; and WHEREAS, state laws pertaining to the collective bargaining of contracts between municipalities and employee unions, particularly those pertaining to firefighters and police officers, do not allow local officials to reasonably control the costs such contracts impose on property taxpayers; and WHEREAS, as a solution to New York's property tax crisis, the Governor of New York and the New York State Legislature will, in 2011, consider enactment of legislation imposing a cap on the annual growth in property taxes; and WHEREAS, a property tax cap will only work if it is simultaneously accompanied by a repeal of current state mandates that require local governments to increase spending and property taxes; and WHEREAS, a property tax cap without repeal of costly state mandates will, by definition, lead to drastic cuts in essential local services and dramatic layoffs of municipal employees; NOW, THEREFORE, BE IT RESOLVED, by the Village of Rye Brook that the Governor of the State of New York and the members of the New York State Senate and New York State Assembly must reform the cost drivers that lead to high property taxes in New York— including pension benefits, health insurance costs and the collective bargaining process — as the central element of any effort to provide overdue property tax relief to the residents and businesses of New York; and BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Governor, Senate Majority and Minority Leaders, Assembly Board of Trustees Meeting December 14,2010 Page 10 of 16 Speaker and Minority Leader, Senator Oppenheimer, Member of Assembly Latimer, and the New York State Conference of Mayors. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. Trustee Rosenberg asked for a wording change in the further resolved clause. Mr. Bradbury noted that information can be reviewed on the Village's website. 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 3) CONSIDERING THE AUTHORIZATION OF A SNOW & ICE AGREEMENT FOR COUNTY ROADS FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2015 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF A SNOW AND ICE AGREEMENT FOR COUNTY ROADS FROM OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2015 WHEREAS, Westchester County requests that the Village of Rye Brook perform snow and ice removal and control for all County roads within the Village; and WHEREAS, the current agreement between Westchester County and the Village of Rye Brook, for snow and ice removal from County Roads, is due to expire as of September 30, 2010. Board of Trustees Meeting December 14,2010 Page 11 of 16 NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook is authorized to enter into a snow and ice agreement with the County of Westchester for the period of October 1, 2010 to September 30, 2015 under which the annual C.P.I. escalation provision subject to a 3.50 percent cap; and be it FUTHER RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. Mayor Feinstein noted that the only difference to this year's agreement is that the Village will be taking over Ridge Street in the future. 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 4) CONSIDERING A SNOW & ICE AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE 2011/2012 SNOW SEASONS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A SNOW AND ICE AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE 2011/12 SNOW SEASONS RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement (#DO 10779) with the State of New York, Department of Transportation until June Board of Trustees Meeting December 14,2010 Page 12 of 16 30, 2012 under which the Village of Rye Brook will receive payment up to $17,382.40 for the 2011/12 snow season, per year for snow and ice control on King Street and Westchester Avenue; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. Mayor Feinstein noted that this is the same type of agreement from prior years. She also noted that the salters were out today. 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 5) CONSIDERING THE APPROVAL OF MINUTES: OCTOBER 12 & OCTOBER 26, 2010 Mayor Feinstein called for a vote on the October 12th and October 26th minutes. On a motion made by Trustee Rosenberg, and seconded by Trustee Marrow, the minutes were approved subject to minor changes. Mayor Feinstein noted that the Board will vote on the November minutes on January 11, 2011. 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 Board of Trustees Meeting December 14,2010 Page 13 of 16 Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING THE TRANSFER OF $5,000 FROM CONTINGENCY TO POLICE MISCELLANEOUS FOR EXPENSES RELATED TO DARE OFFICER TRAINING Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE TRANSFER OF $5000 FROM CONTINGENCY TO POLICE MISCELLANEOUS FOR EXPENSES RELATED TO DARE OFFICER TRAINING RESOLVED, that $5,000 is herby transferred from contingency (101.1990.424) to Police Miscellaneous (101.3120.469) for the expenses related to DARE Officer training. On a motion made by Trustee Brown, and seconded by Trustee Marrow, the resolution was adopted. Chief Austin noted that from November 29t" through December 3rd two officers attended training. John Arnold was the previous youth officer and John Hawkins was the DARE officer. The program has been extended. Both programs will begin the end of January. The Blind Brook School District will pay for 50% of the cost of training for one of the officers. Chief Austin noted that there were 14 days of training with hotel bills and food expenses. 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 ADMINISTRATOR'S REPORT: Board of Trustees Meeting December 14,2010 Page 14 of 16 Mr. Bradbury noted that he had a few items to review. He began by stating that the leaf collection will run until December 15th. The Highway Crew and Parks Department did a great job, and this was a very successful program. Next he noted that the audit for the fiscal year has been completed and all information is on the Village's website. The results of the audits speak for themselves. Mr. Bradbury stated that the Affordable Housing Task Force has held one meeting and will be holding a seconded meeting in January. Chief Austin addressed the Board. He noted that the Rye Brook Police Force received two AAA awards. The gold award was presented to Rye Brook for addressing traffic issues. He noted that the Village is always reviewing parking and traffic issues. The second award was for pedestrian safety. The certificates will be displayed in the police office lobby. Mayor Feinstein called for the Discussion Item: DISCUSSION ITEMS: Trustee Brown noted that coyote trapping is ending. He asked for the next steps on controlling the situation. Mr. Bradbury stated that the coyotes are here to stay, and we need to learn how to live with them. The Village has information on its website. The goal is public education. There have been 218 Coyote sightings, with 210 after June 20th. The Village receives about ten (10) calls per week. Through November the Village has spent $8000.00, and the Town of Rye reimbursed the Village for $1000.00. Several coyotes with mange were trapped. Mayor Feinstein noted that the state would not extend the permit to trap. After February 15th the Village will not be able to trap. The trapper stated that in the winter it is easier to trap coyotes. Trustee Brown noted that we will not get rid of the Coyotes. We need to learn how to live with them. There has been a need to do something to try and get rid of the nuisance coyotes, and that has been accomplished. Trustee Rosenberg stated that the Village has spent a lot of money, but if the trapping program wasn't in place the trapper would not have given the same response. This is a public safety issue. The consensus of the Board was that if winter is the best time to trap the coyotes, then the program should continue. Board of Trustees Meeting December 14,2010 Page 15 of 16 Mayor Feinstein wished all of the residents a happy and healthy New Year. She thanked all of the members of the Village staff for their hard work and dedication. There being no further business before the Board, the meeting was adjourned at 9:20 p.m. Board of Trustees Meeting December 14,2010 Page 16 of 16