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HomeMy WebLinkAbout2009-01-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 13, 2009-7:30 P.M. AGENDA 7:00 PM— Executive Session— Litigation & Personnel ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: 1. Report from Internal Auditor on Financial Statements for year ending May 31, 2008 PUBLIC HEARINGS: 1. Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road 2. Public Hearing on a proposed local law to amend Chapter 250 of the Village Code regarding off street parking RESOLUTIONS: 1. Setting a Public Hearing to consider a proposed local law to Chapter 250 of the Village Code regarding off street parking 2. Setting a Public Hearing to consider a Tier III Home Occupation Permit for a psychology practice at 387 North Ridge Street 3. Considering an Intermunicipal Agreement with Westchester County for Enhanced 911 Service Board of Trustees Meeting January 13, 2009 Page 1 4. Considering an amendment to change the estimated receipt of payment for snow and ice removal agreement from NYS 5. Designating polling locations and hours for the Village Election on March 18, 2009 6. Considering the joint submission Westchester County Flood Action Program project application with the City of Rye for a sluice gate at Bowman Avenue 7. Modifying the Village of Rye Brook License and Fee Permit Schedule ADMINISTRATOR'S REPORT: 1. Report on 2008-09 Fiscal Condition OLD BUSINESS: 1. Village Attorney update on Village election sign law and Trustee term limit legislation 2. Official Map—FP Clark Quote NEW BUSINESS: DISCUSSION ITEMS: 1. Code enforcement status of illegal subdivisions or Rye Brook land at 42-46 Lincoln Avenue 2. Potential co-terminus Town/Village of Rye Brook 3. Status of REVAL and Rye Brook tax assessments ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Board of Trustees Meeting January 13, 2009 Page 2 THE NEXT REGULAR TRUSTEES MEETINGS: January 27, 2009 and February 10, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Village Counsel Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Mayor Joan L. Feinstein welcomed everyone to the first Board of Trustees meeting of 2009. She wished everyone a Happy New Year. Mayor Feinstein noted that the first item on the agenda was a report from the firm of O'Connor, Davies, Munns & Dobbins, LLP. REPORT: 1. REPORT FROM INTERNAL AUDITOR ON FINANCIAL STATEMENTS FOR YEAR ENDING MAY 31, 2008 Mr. John Cosgrove and Mr. Leslie Tillotson from O'Connor, Davies, Munns & Dobbins, LLP addressed the Board. They noted that the report addressed the financial issues and internal controls of the Village. Their responsibility was to form an opinion that the financial statements are presented fairly in accordance with GAAP. The Village's financial statements have been detailed in this 51 page report which is available for review on the Village's Website. The general fund, capital projects, revenues and financing sources, as well as expenditures and other financial issues, were reviewed during this audit. A Power Point presentation was Board of Trustees Meeting January 13, 2009 Page 3 included with the report. The opinion that was rendered was the highest that could be received — an unqualified opinion. It was found that there were no significant changes in what was expected during the audit. In addition, there were no suspicions or allegations of fraud found during the context of the audit, and no internal weaknesses discovered. It was noted that a very studious job was done when the budget was put together. Comments have been presented on potential improvements, but there was nothing earth shattering found during the audit. Mr. Cosgrove noted that next year's report will look different as a unique concept will be applied. Mayor Feinstein thanked Mr. Cosgrove and Mr. Tillotson for their report and their work on the audit. Mr. Bradbury noted that he was very proud of this year's audit results. PUBLIC HEARINGS: 1. PUBLIC HEARING TO CONSIDER A SITE PLAN AND SUBDIVISION APPLICATION BY KF ("RYE BROOK"), LLC FOR A PROPOSED DEVELOPMENT ON ANDERSON HILL ROAD The last public hearing was in October and at the request of the applicant the public hearing scheduled for this meeting was adjourned. Edward Beane, Esq., Village Counsel, stated that he received an email from the applicant requesting an adjournment. Revised plans were requested and the applicant stated that they would be submitted prior to this evening's public hearing, however, the plans were not completed on time. It was noted that the applicant was invited to attend this evening's meeting to engage in a dialogue. Counsel for the applicant chose not to attend due to the two hour ride to reach Rye Brook. Mr. Beane stated that members of the public could be afforded the opportunity to discuss the matter as they were in attendance. Mr. Beane also noted that he had a telephone conversation with counsel for the applicant and he indicated that he will have necessary individuals at the site next week and the plans will be finalized. The goal is to resolve all of the issues in an upcoming meeting so that the plans can be finalized and submitted. The applicant and the Village are on the same page, which is to seek approval of a project that consists of residential units. Board of Trustees Meeting January 13, 2009 Page 4 Mayor Feinstein noted when the letter was received from the applicant, she was taken aback. The Village Board has its own responsibilities and will do what is best for the community. No revised plans were received so it is impossible for the Village to act on them. The last plans were reviewed and discussed by the Board of Trustees on October 28th. Submission has been made to the County, and the County has responded to that submission. The comments from the County are not binding on the Village. Mr. Beane noted that the nature of the revisions have to do with engineering issues. New plans can be resubmitted to the County, but that may not be necessary. The goal is to obtain the revised plans, and everyone is working towards the same project. Trustee Dean Santon felt that it was unfortunate that the applicant was not in attendance. The Village thought that they were working in a spirit of cooperation until the December 9th letter was received. The Village Board, as the lead agency, must consider the comments from the County. The County feels that this property should have remained a hotel. The Village is fully empowered to make the change in zoning and it is in everyone's interest that the change was made from hotel to residential. Trustee Paul Rosenberg noted that as previously stated, he felt that the proposed gates in the front of the development would be a disservice in terms of public safety. He made a motion to adjourn the matter to the second meeting in February, which was seconded by Trustee Patricia Sanders Romano. Trustee Santon noted that the applicant has accused the Village of holding up the project and he felt that this matter should not be adjourned to February but placed on the agenda for the next meeting in January instead. The consensus of the Board was to adjourn to February. Mayor Feinstein thanked the public for coming to the meeting and listening to the Board's comments. The Board is frustrated and would like to move this project along, but they have granted the applicant's request for an adjournment. She called upon Mr. David Burke, Assistant to the Village Administrator, to call the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting January 13, 2009 Page 5 2. PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING OFF STREET PARKING It was noted that this public hearing was adjourned at the prior meeting because the Board did not have a full compliment. On a motion made by Trustee Michael Brown, and seconded by Trustee Santon, the public hearing was declared open. Mr. Bradbury gave a brief overview of the issue of off street parking. He noted that a resolution was passed and the matter was referred to the Planning Board. The Planning Board has reviewed this matter and found that certain business owners within the Village are leasing out their parking areas. The Planning Board made the recommendation that the rental of parking spaces to non-tenants should be prohibited. Trustee Santon noted this proposed amendment has to do with the commercial and retail areas of the Village. He asked for clarification of the zoning districts affected by these amendments. Mr. Beane stated that his determination was that these amendments are not specific to any specific zone. Trustee Santon noted that it doesn't hurt because people who have residential properties should not be using their required spaces for other uses, i.e.: the property on Ridge Street leasing parking area to the school. Trustee Sanders Romano felt that it might be better to move a little slower. These are difficult times and it would be unfair to add an additional burden to the residents during a time when it is pretty difficult to survive. She made a motion to table this matter, and Trustee Rosenberg seconded the motion to table. It was noted that with a motion and a second, the matter could no longer be discussed. Trustee Sanders Romano made a motion to withdraw her motion. Trustee Rosenberg noted that at this point in time he didn't want to the Village to add to the burden of the residents and merchants. These are tough financial times. No additional burdens should be placed on commercial/retailers who are struggling to stay afloat. Trustee Santon noted that everyone is cognizant of the financial problems that are worldwide. The Village has a Code and residents and merchants should abide by it. There is a visual impact when a retail use such as a gas Board of Trustees Meeting January 13, 2009 Page 6 station rents out parking spaces to commercial vehicles in its parking area. It becomes signage/ advertising for the company in this rented parking. The quality of the life of the residents that abut these businesses should be upheld. Trustee Michael Brown stated that he is sensitive to the economy, but he felt that the legislation is good. Mayor Feinstein noted that she has been against these amendments since the matter was brought to the attention of the Village Board. These are tough economic times she felt that if overnight parking can help an owner pay their taxes then so be it. She noted that she did not see a public outcry for these amendments to the Code. Trustee Santon noted that people do take notice of the visual blight, but sometimes they just do not contact the Village to complain. The Board of Trustees must do what is best for the residents and maintain their quality of life. Trustee Sanders Romano noted that she did not disagree with the amendments, but she just felt that the timing was not right. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, a motion to table was placed before the Board. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting No Mayor Joan L. Feinstein Voting No Mr. Bradbury noted that if the Board passed the legislation then the Code Enforcement Officer would enforce the amendments. At this time the Village will seek voluntary compliance. Trustee Santon raised a complaint formally regarding the aforementioned discussion. He felt that the Code Enforcement Officer should go out and enforce the Code. Board of Trustees Meeting January 13, 2009 Page 7 Mayor Feinstein stated that if Trustee Santon has made a complaint as an individual then staff see if there is a violation. Code Enforcement is taken very seriously, especially as it pertains to safety issues. She noted that Code Enforcement and counsel's time is a use of tax payer money. It was noted that the resolution in connection with this matter was also tabled. Mayor Feinstein called for item #2 under resolutions: RESOLUTIONS: 2. SETTING A PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A PSYCHOLOGY PRACTICE AT 387 NORTH RIDGE STREET Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A PSYCHOLOGY PRACTICE AT 387 NORTH RIDGE STREET WHEREAS, Scott Bergman, Ph.D., owner, at 387 North Ridge Street desires to receive a Tier III Home Occupation Permit for the use of his residence as a solo-practitioner with no employees psychology practice; and WHEREAS, the Dr. Bergman has submitted a Tier III Home Occupation Permit Application to the Building Department; and WHEREAS, the Dr. Bergman has outlined the number of visitors, hours of operations, number and location of parked cars, special equipment and trash generated for the proposed Home Occupation in accordance with the Village of Rye Brook Code. NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby set for February 10, 2009 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. Board of Trustees Meeting January 13, 2009 Page 8 Mayor Feinstein noted that it was nice to see a resident coming forward and making an application for a Home Occupation Permit. Trustee Santon stated that he also appreciated Dr. Bergman for coming forward and making an application. He suggested several amendments to the resolution, including specifically naming the resident — Scott Bergman, Ph.D., solo practitioner with no employees, as the applicant and owner of 387 North Ridge Street. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 3. CONSIDERING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ENHANCED 911 SERVICE Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ENHANCED 911 SERVICE RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-municipal agreement with Westchester County for enhanced 911 service for a five (5) year period commencing on July 11, 2008 and continuing through July 10, 2013; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Board of Trustees Meeting January 13, 2009 Page 9 Mr. Bradbury noted that this agreement is for the current system and is simply an agreement renewal. Mr. Beane stated that this is the third or fourth agreement and, although he had not reviewed the current agreement yet, he pointed out the agreements with the County do not change significantly. As everyone is aware, it is difficult to make changes to agreements with the County. Mr. Beane requested that this matter be adjourned to allow him the opportunity to review the current agreement. With the consensus of the Board, the matter was temporarily adjourned. 4. CONSIDERING AN AMENDMENT TO CHANGE THE ESTIMATED RECEIPT OF PAYMENT FOR SNOW AND ICE REMOVAL AGREEMENT FROM NEW YORK STATE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDMENT TO CHANGE THE ESTIMATED RECEIPT OF PAYMENT FOR SNOW AND ICE REMOVAL AGREEMENT FROM New York STATE WHEREAS, the Village of Rye Brook entered into an agreement with New York State for snow and ice removal on King Street and Westchester Avenue for a lump sum payment of$12,824.00; and WHEREAS, due to the severity of the winter during 2006-2007 and 2007-2008 the Village of Rye Brook requests the Municipal Snow and Ice Agreement estimated receipt of payment be revised to reflect the additional lane miles of State roads that were plowed/treated during the winter season. NOW, THEREFORE BE IT RESOLVED, all terms and conditions of the original contract remain in effect except the annual payment is hereby increased by $2,090.31 for the winter of 2006-2007 and increased by $3,617.65 for the winter of 2007-2008; and be it further Board of Trustees Meeting January 13, 2009 Page 10 RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of the resolution. Mr. Bradbury noted that this reimbursement does not cover the cost of the snow removal, but it is nice to receive these funds. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5. DESIGNATING POLLING LOCATIONS AND HOURS FOR THE VILLAGE ELECTION ON MARCH 18, 2009 Mr. Bradbury read the following resolution: RESOLUTION DESIGNATING POLLING LOCATIONS AND HOURS FOR THE VILLAGE ELECTION ON MARCH 18, 2009 RESOLVED, that voting machines owned by the County of Westchester shall be used at the next Village Election to be held Wednesday, March 18, 2009; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and be it further RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 AM in the morning and remain open until 9:00 PM in the evening of said day; and be it further Board of Trustees Meeting January 13, 2009 Page 11 RESOLVED, that the polling places be hereby designated for the respective Election Districts as follows: Election District#20-Port Chester Middle School-Bowman Ave (Main Lobby) Election District#21-Port Chester Middle School-Bowman Ave (Main Lobby) Election District#22-Blind Brook High School-King Street (Main Lobby) Election District#23-Ridge Street School-North Ridge Street (Gymnasium) Election District#26-Port Chester Senior High School-Neuton Ave (Main Lobby) Election District#27-Ridge Street School-North Ridge Street (Gymnasium) Election District#29-Ridge Street School-North Ridge Street (Gymnasium) Election District#30-Blind Brook High School-King Street (Main Lobby) Election District#3 1-BelleFair Meeting House (Main Lobby) The districts are the same as previous election. Trustee Sanders Romano noted that there had been discussions about compacting the districts. She asked if a date had been set. Mr. Bradbury responded that there needs to be a consolidated effort with the Town in order to accomplish this. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6. CONSIDERING THE JOINT SUBMISSION WESTCHESTER COUNTY FLOOD ACTION PROGRAM PROJECT APPLICATION WITH THE CITY OF RYE FOR A SLUICE GATE AT BOWMAN AVENUE Mr. Bradbury read the following resolution: Board of Trustees Meeting January 13, 2009 Page 12 RESOLUTION CONSIDERING THE JOINT SUBMISSION OF A WESTCHESTER COUNTY FLOOD ACTION PROGRAM PROJECT APPLICATION WITH THE CITY OF RYE FOR A SLUICE GATE AT BOWMAN AVENUE WHEREAS, the City of Rye and the Village of Rye Brook's joint pre-application to the Westchester County Flood Action Program resulted in a determination that a sluice gate project at Bowman Avenue is potentially eligible for funding; and WHEREAS, as a result of this determination, a full application was prepared and submitted to Westchester County for funding consideration; and WHEREAS, this application requires the endorsement by the Rye Brook Village Board and the Rye City Council; and WHEREAS, the City of Rye City Council endorsed this joint application at their regular meeting held on December 17, 2008; and WHEREAS, the Village of Rye Brook is supportive of this joint application, which includes a local share of up to $136,710 to be paid by Rye Brook towards the total estimated project cost of$2,221,100; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby expresses its support for this joint grant and authorizes pro tune and confirms its submission to Westchester County for Flood Action Program for funding consideration; and be it further RESOLVED, that the Village Board hereby authorizes a local Rye Brook grant share of up to $136,710 representing 20% of the municipal share of this project. Mayor Feinstein noted that this resolution authorizes submission to Westchester County. Mr. Bradbury responded that the Village was given a prior draft and made comments. Those comments were incorporated and submitted to Westchester County, but the Village did not see the final version. Mayor Feinstein stated that she didn't want anyone to get the impression that it has not yet been submitted to Westchester County. She Board of Trustees Meeting January 13, 2009 Page 13 asked that the wording be changed from authorized to confirm to make this matter clear. Trustee Santon questioned where these funds were coming from. Mr. Bradbury stated that if the grant is approved then the Village will need to make a choice of whether or not to pay for this out of the fund balance. If there is a good sense that the county is approving this grant then this item may be listed in the Village's budget. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7. MODIFYING THE VILLAGE OF RYE BROOK LICENSE AND FEE PERMIT SCHEDULE Mr. Bradbury read the following resolution: Board of Trustees Meeting January 13, 2009 Page 14 RESOLUTION MODIFYING THE VILLAGE OF RYE BROOK LICENSE AND FEE PERMIT SCHEDULE RESOLVED, that the Village of Rye Brook License and Fee Permit Schedule is hereby modified effective June 1, 2009 as follows: Athletic Field Use Current: Modified: Resident Hourly Rate for $100/hr $100/hr Use of Grass(Non-Turf) 1 st 2hrs 1 st 2hrs Athletic Fields then$25/hr then$25/hr Resident Annual Rate for $10,000 for Use of Grass(Non-Turf) n/a up to 325 hrs Athletic Fields then$40/hr. Non-Resident Hourly Rate for $200/hr $200/hr Use of Grass(Non-Turf) 1st 2hrs 1st 2hrs Athletic Fields then$50/hr then$50/hr $62.50/hr for 1st 2 hrs. Mr. Resident Hourly Rate for Use of $62.50/hr then$50/hr. Rye Brook Athletic Fields at 1st 2 hrs. Plus 15%discount if over King Street then$50/hr. 125 hrs.reserved per season $125/hr for 1st 2 hrs. Non-Resident Hourly Rate for $125/hr then$50/hr. Use of Rye Brook Athletic 1 st 2 hrs. Plus 15%discount if over Fields at King Street then$50/hr. 125 hrs.reserved per season $250 per $250 per Use of Concession Bldg. at Rye duration of field duration of Brook Athletic Fields use time field use time Bradbury stated that the new rate for the use of the athletic fields, as previously discussed by the Board of Trustees, has been incorporated into this schedule of fees. Trustee Rosenberg noted that there have been discussions for quite sometime with the group that runs the travel baseball program. The Village received approximately $8,500.00 for this program during 2008. This year a decision was made to allow the travel team program to be privately run. The fee for the fields was going to have a profound effect on the program and the fees charged for participation estimated at approximately $17,000.00 for the upcoming year. The Village felt that $10,000.00 was a fair rate. The travel soccer team also uses these fields. Last year $12,325 was paid by travel soccer. A slight discount would be given to the travel soccer team as well, 15%, if the resolution is passed. Board of Trustees Meeting January 13, 2009 Page 15 Trustee Santon noted that this item was added to the agenda on January 12, 2009. He stated that he was surprised that this fee schedule was being set at this time. These fields are taxpayer subsidized, and not all taxpayers use the fields. He felt that this matter had not yet been properly reviewed. Mayor Feinstein clarified that travel baseball had the option of going elsewhere this season. If no amenable fee arrangement is reached then the Village's children may not by playing on Village fields. Trustee Rosenberg noted that what the travel team would be paying the other proposed facility is less than what they would be paying to Rye Brook for use of the fields. Trustee Santon noted that the travel baseball is a private club. Trustee Sanders Romano noted that the travel soccer club makes a payment up front for the season. She felt that it would make sense to request the funds up front from the travel baseball league in order for them to receive the discount. Rye Brook fields must be maintained whether or not they are used. This arrangement with the travel baseball league guarantees income. Trustee Santon felt that it was unfair to lower costs for the rental of the field. Mayor Feinstein noted that it would be sad if the Village's children were not playing baseball on Rye Brook's fields. They are part of the infrastructure of Rye Brook. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Nay Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting January 13, 2009 Page 16 Mayor Feinstein recalled item #3: 3. CONSIDERING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ENHANCED 911 SERVICE Mr. Beane noted that after review of the agreement he found that there were no significant differences between the new agreement and the current agreement. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called a brief recess. Upon the Board's return, Mayor Feinstein called up Mr. Bradbury for the Administrator's Report. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the Census Bureau is looking for people, part-time, to help with the Census. The salary is between $18.00 and $20.00 per hour and you must be 18 years or older to apply. The information is available on the Village's website. The Village hopes that Rye Brook residents who are familiar with the streets will apply. Having accurate information is important to the Village. Mr. Bradbury noted that County Executive George Latimer would be in attendance at next month's Board of Trustees meeting to discuss the King Street improvements that need to be done. Board of Trustees Meeting January 13, 2009 Page 17 A special meeting was held on Friday regarding a grant for a fire service efficiency study. Unfortunately, Port Chester has additional questions and so this may happen down the line. Mayor Feinstein noted that she was disappointed by this. There is no deadline for this particular project. It takes time to seek out grant applications and a lot of work goes into preparing the applications. Trustee Santon stated that he was confused because there was a special meeting held on this matter and Port Chester was part of the grant application. Mayor Feinstein stated that she could not speak for the Village of Port Chester. OLD BUSINESS: 1. Village Attorney update on Village election sign law and Trustee term limit legislation Edward Beane, Village Attorney reviewed the Village's Code that allows signs to be placed on residential lawns and in the right of way, as well as other temporary signs. Additional information will be presented to the Board. Mr. Beane addressed the issue of term limitations. He noted that there is nothing to prohibit the Village's ability to request a home rule setting the term limits. Mayor Feinstein called for the next item on the agenda: 2. Official Map —FP Clark Quote Mr. Bradbury noted that the Board requested that a quote be obtained from the firm of F.P. Clark Associates to update the zoning map to be used as the "Official Map." The estimate received from F.P. Clark is $3,485.00. They would be adding items such as subdivisions, park name, park locations, and the widths of right-of-ways/ streets. Trustee Santon sought clarification as the proposal states no more than 50 parcels or additions would be made. The Arbors has more than 250 parcels that are not shown on the map. He felt that parcels was not the right word. Mr. Bradbury noted that a resolution will be crafted to address this matter. Board of Trustees Meeting January 13, 2009 Page 18 Mayor Feinstein called on Trustee Santon to address the discussion items. DISCUSSION ITEMS: 1. Code enforcement status of illegal subdivisions or Rye Brook land at 42-46 Lincoln Avenue Trustee Santon noted that this matter goes back to 2004 when the Village became aware of a driveway at this location that served two houses in Harrison. These two houses at 40 and 44 Lincoln Avenue shared the roadway and the bridge. A new owner came in and bought 44 Lincoln Avenue and sold off only part of the Rye Brook land, a one acre parcel. This matter never came before the Village and no one was aware of this change. This individual then turned around and sold the house at 44 Lincoln Avenue and the Village was left with a new house at 42 Lincoln Avenue. A 2,800 square foot portion of a driveway has been subdivided into three parcels in Rye Brook. Furthermore, ownership of this parcel allows the property owners the ability of sending their children to Blind Brook Schools. Mr. Beane sent letters to these individuals in which all of the violations were cited back in August/September 2004. The residents went before the Village's Zoning Board of Appeals. The Planning Board was then brought in to review this matter. A decision was made between the three parties that owned a portion of this property. They decided that it would be in their best interest to have joint ownership of the 10-foot wide driveway strip. They wanted the Village to over look the initial illegal subdivision. Trustee Santon felt that the Village of Rye Brook can not enter into this agreement. Mayor Feinstein asked that Mr. Beane address this matter. Mr. Beane noted that his biggest difficulty occurred historically. What the Village has here started out as no subdivision but ended up as four (4) separate subdivisions. This agreement will correct three of the four subdivisions — leaving the original subdivision that happened in 1996. The three subdivisions were condoned by the Rye Town Board of Assessment, but the Village of Rye Brook had nothing to do with it. A letter was sent to the new assessor instructing him that no new subdivision should be approved. Pressure was placed and a voluntary agreement was put together and signed by everyone. Title companies became involved. The intent is to avoid a very complex, very expensive litigation. Three of the four subdivisions Board of Trustees Meeting January 13, 2009 Page 19 have been undone. The fourth subdivision, which was the first one, occurred in July of 1996. During the course of this investigation it was discovered that two out of the three homes involved in this matter are sending their children to the Blind Brook Schools. By signing this agreement the Village will be settling a potential litigation without spending funds on legal fees and without wasting years in court. Mr. Beane felt that three quarters of a loaf was better than nothing. Trustee Santon expressed his opposition to this agreement. He felt that the individuals involved were being rewarded for the illegal subdivision of this property and that they were taking advantage of the Village of Rye Brook. Mr. Beane noted that the school board will be given an opportunity to review the agreement. If all parties do not agree there could be litigation. Trustee Santon noted that these property owners had an application before the Zoning Board of Appeals in 2006 and they withdrew this application. Trustee Santon felt that it was ridiculous for the Village to consider this agreement that had no credence. Mayor Feinstein noted that sometimes we get results that are not perfect but that bring closure. There are issues that need to be taken into consideration such as the cost of litigation. Mr. Beane noted that he has offered his best advice and now the Board of Trustees must make its decision. Trustee Rosenberg noted that he agreed with Trustee Santon in that Rye Brook was being taken advantage of. Mr. Beane noted that the Village has more to lose than to win. That is what this matter comes down to. Trustee Santon felt that this attitude was unfair to those residents that do what they are supposed to. Mayor Feinstein asked for the consensus of the Board. The Board members, although not happy about it, confirmed that they wished to move ahead with the agreement. Counsel was asked to present the agreement to the School Board. Trustee Santon, stated that he would not discuss the remaining two matters that he placed on the agenda. Mayor Feinstein called for the first matter. 2. Potential co-terminus Town/Village of Rye Brook Board of Trustees Meeting January 13, 2009 Page 20 Mayor Feinstein noted that conversations have been held between the Town of Rye and Rye Brook and grants have been identified. She stated that she would keep the Board apprised of future discussions. 3. Status of REVAL and Rye Brook tax assessments Mayor Feinstein noted there were concerns with aspects of the REVAL. One issue that Mayor Feinstein agreed with was that there were specific pieces of property that need to be appraised and that appraisers with the expertise should be brought in to perform these appraisals. She noted that there was discussion at a Rye Town Board about having one appraiser to appraise 200 or 300 properties. A company that is expert in the area to be appraised, such as hotels, should be brought in. Mayor Feinstein called for comments from the remaining Board members. There were no additional comments. Mayor Feinstein called for any member of the public wishing to address the Board. As there was no one, she called for a motion to adjourn. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the meeting was adjourned at 11:00 p.m. Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for January 27, 2009 and February 10, 2009. Board of Trustees Meeting January 13, 2009 Page 21