HomeMy WebLinkAbout2009-03-24 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES
VILLAGE HALL
938 KING STREET
TUESDAY, MARCH 24, 2009
7:00 PM- Executive Session—Legal Matters
ROLL CALL:
PLEDGE OF ALLEGIANCE:
REPORT:
PUBLIC HEARINGS:
(1) Public Hearing to consider a proposed local law to Chapter 250 of the Village of Rye
Brook Village Code regarding Front Yard Setbacks
(2) Public Hearing to consider a proposed local law to Chapter 235 of the Village of Rye
Brook Village Code regarding Trees
RESOLUTIONS:
(1) Considering a proposed local law to Chapter 250 of the Village of Rye Brook Village
Code regarding Front Yard Setbacks
(2) Considering a proposed local law to Chapter 235 of the Village of Rye Brook Village
Code regarding Trees
(3) Considering approval of preliminary and final subdivision plats and a site plan
development of 30 semi-attached residences on Anderson Hill Road, Rye Brook,
New York, Section 129.35, Block 1, Lot 13
(4) Considering the authorization of funds for the 2009 Independence Day celebration to be
paid to the Port Chester—Rye Brook—Town of Rye Independence Day Committee
(5) Considering a title change from Junior Engineer to Assistant Civil Engineer
(6) Budget Modification—Police overtime & Recreation Department
(7) Awarding Contract 09-01: Residential Sanitation Collection Services
Board of Trustees Meeting
March 24, 2009
Page 1
(8) Setting a Public Hearing to consider a proposed amendment to Chapter 209 of the
Village of Rye Brook Village Code regarding site plan review survey requirements
(9) Setting a Public Hearing to consider a proposed amendment to Chapter 209 of the
Village of Rye Brook Village Code regarding site plan review waiver provisions
(10) Adopting local adjustments for homestead and non-homestead base proportions
(11) Considering an inter municipal agreement with Westchester County and the
Village of Rye Brook for prisoner transportation
(12) Overview of the 2009-10 Tentative Budget and setting a public hearing for April 14,
2009
ADMINISTRATOR'S REPORT:
OLD BUSINESS:
NEW BUSINESS:
DISCUSSION ITEMS:
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT REGULAR TRUSTEES MEETINGS
April 14 and April 28, 2009
BOARD Mayor Joan Feinstein
Trustee Michael Brown
Trustee Patricia Sanders-Romano
Trustee Paul Rosenberg
Trustee Dean P. Santon
STAFF: David Burke, Assistant to the Village Administrator
Gregory Austin, Police Chief
Nick Ward-Willis, Esq., Village Counsel
Victor Carosi, Village Engineer
Fred Seifert, Public Access Coordinator
CONVENE:
Mayor Feinstein asked for a moment of silence in acknowledgement of the sudden passing of
Rye Brook's Highway foreman Ron Romano.
Mayor Feinstein called for the first item on the agenda:
Board of Trustees Meeting
March 24, 2009
Page 2
PUBLIC HEARINGS:
(1) Public Hearing to consider a proposed local law to Chapter 250 of the Village of
Rye Brook Village Code regarding Front Yard Setbacks
Mr. Christopher Bradbury, Village Administrator, gave an overview explaining that the
purpose of this is to stop the "creep" which is to stop homes from creeping closer to the street
scape.
Mayor Feinstein understands the concept but believes it may cause other problems for
applicants where they may have to go before the Zoning Board for minor applications, for
instance a portico, and believes that was not the intent of this proposal.
Trustee Rosenberg agrees and believes the intent was good but that we may be over
regulating and causing residents to spend money unnecessarily.
Mrs. Timpone-Mohamed, Village Planning Consultant, explained that there may be instances
where applications larger than a portico may arise in the R-25 zone. Not allowing a building
to creep forward where it affects the street scape was the intent of this proposal. One possible
solution is to exempt small applications like a porch but anything beyond that point would
have to go before the Zoning Board. Mayor Feinstein felt the Planning Board, when
reviewing this, mainly focused on tear downs.
Trustee Santon followed the process with the Planning Board and believes that people do
push out in the front in many instances with projects larger than porches.
Mayor Feinstein had spoken with Planning Board Chair Gary Zuckerman and he agreed that
it was never discussed in this context and the main focus was on tear down applications.
Mayor Feinstein believes you must have flexibility and wants to balance the "creeping" with
practicality and flexibility and believes it can be redone to allow the flexibility while
controlling the creep issue.
Trustee Rosenberg would be in favor of carving out an exception and giving the residents
some flexibility. He made a motion to table this item to the meeting of April 14 and the
motion was seconded by Trustee Sanders-Romano.
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 Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for the next public hearing:
(2) Public Hearing to consider a proposed local law to Chapter 235 of the Village of Rye
Brook Village Code regarding Trees
Board of Trustees Meeting
March 24, 2009
Page 3
Mr. Christopher Bradbury explained this was drafted by Counsel at the request of this Board
to modify the tree code to amend the tree removal permit appeal process making the Board of
Trustees the appeals board for tree removal permits.
Trustee Brown added that the definition section of injury was to be revised but does not
appear to have been done and he would like that to happen before the Board of Trustees
discussed this and would like to request that this be held over to the next meeting so these
items can be addressed.
Trustee Rosenberg felt that only the person who owns the property can file and appeal and
believes that adding the word "lessee" in the proposed code is contrary to what this board
would want.
Nick Ward-Willis, Village Attorney, explained that there may be situations where there is an
absentee landlord which needs to be considered.
Mr. Carosi, Village Engineer, added that there was already a stipulation in place that an
arborist can submit the application but the owner's signature must be on the paperwork.
Trustee Brown made a motion to keep the public hearing open to the 28th and the motion was
seconded by Trustee Santon.
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 Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinsten skipped to Resolution#4:
(4) Considering the authorization of funds for the 2009 Independence Day celebration to be
paid to the Port Chester—Rye Brook—Town of Rye Independence Day Committee
Mr. Christopher Bradbury, Village Administrator, read the resolution.
On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the
following resolution was adopted.
CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2009
INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-
RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE
WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day
Committee will host the 2009 Independence Day Celebration; and
WHEREAS, the Village of Rye Brook Village Board would like to continue to assist
the Independence Day Committee with this event.
Board of Trustees Meeting
March 24, 2009
Page 4
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook will pay
three thousand five hundred dollars ($3,500.00) to the Port Chester-Rye Brook-Town of Rye
Independence Day Committee for its 2009 Independence Day Celebration.
Mr. Gerry Logan, Chairman of the Independence Day Committee, addressed the board
stating this was their 62nd year of the event and thanked the Board for their support as
donations are not always easily acquired.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution#5:
(5) Considering a title change from Junior Engineer to Assistant Civil Engineer
Mr. Christopher Bradbury read the resolution.
On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the
following resolution was adopted.
CONSIDERING A TITLE CHANGE FROM JUNIOR ENGINEER TO ASSISTANT
CIVIL ENGINEER
RESOLVED,that Michal Nowak of 7 Cypress Street, Yonkers,New York, is herby
appointed probationary for a period not less than twelve (12) weeks, nor more than fifty-two
(52) weeks, to the position of Assistant Civil Engineer with the Village of Rye Brook, subject
to the Civil Service procedures of the State of New York.
Mr. Bradbury explained that the County has determined that this change of title was
appropriate because of the scope of work Mr. Nowak performs.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution#3:
Board of Trustees Meeting
March 24, 2009
Page 5
(3) Considering approval of preliminary and final subdivision plats and a site plan
development of 30 semi-attached residences on Anderson Hill Road, Rye
Brook, New York, Section 129.35, Block 1, Lot 13
Mayor Feinstein noted that Mr. Ward-Willis will go through the resolution and note the
changes/revisions which are marked in red for the Boards review.
Mayor Feinstein asked for a motion on the resolution and a motion was made by Trustee
Sanders Romano and seconded by Trustee Santon.
Discussion
Trustee Santon stated that there are other changes that are not conditions of the resolution
that may be required and this board may want to make changes to the plat for instance.
The road names have been assigned— Carol Court and David Lane.
Mayor Feinstein addressed the dollar amount for the recreation fee the applicant needs to pay
and would like it listed in the resolution along with how it was calculated. She would also
like to make it clear when the money is being paid to the Village and is adamant about
having it within 6 months.
Trustee Santon addressed the fact that the conservation easements not be included. Mr.
Ward-Willis explained that it was determined that for practical purposes it would be after
construction because of the disturbances that will occur during construction.
Trustee Santon is concerned about preservation of the woods surrounding the project.
Mr. Ward-Willis responded that the easement areas would be documented on the sub division
plat.
Trustee Rosenberg questioned the feasibility of the Homeowners Association enforcing
parking regulations. The wording should be changed so it is understood that under New York
State Law the Village can ticket. Mr. Bradbury added that the parking has to be signed
appropriately therefore it will be visible to the residents.
Trustee Santon addressed the issue of the June 2006 survey that any details that were not
transferred to the plat and believes they should be and also would like to request an updated
survey.
Mr. Ward-Willis will add as a condition that an "as built" survey be included and the
Applicant shall provide one prior to the issuance of the final Certificate of Occupancy.
Trustee Rosenberg would like added that with regard to the issue of the gate, that it would be
stated that there be no gate anywhere on Carol Court.
There being no further discussion, Mayor Feinstein called for Mr. Burke to call the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Board of Trustees Meeting
March 24, 2009
Page 6
Trustee Paul Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein thanked everyone for all their hard work and input — the current board as
well as the prior board—the applicant and the Planning Board.
On a motion made by Trustee Brown and seconded by Trustee Santon, the following
resolution was adopted.
APPROVING PRELIMINARY AND FINAL SUBDIVISION PLATS,
SITE PLAN AND RELATED APPROVALS/WAIVERS FOR DEVELOPMENT OF
30 SEMI-ATTACHED RESIDENCES ON ANDERSON HILL ROAD,
RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13
WHEREAS, the Board of Trustees of the Village of Rye Brook ("Village Board of
Trustees") received applications for Preliminary and Final Subdivision Approval, Site Plan
Approval, a Permit to Perform Regulated Activities in a Wetland, a Steep Slopes Work
Permit and related approvals/waivers from KF (Rye Brook), LLC (the "Applicant") for
construction of"Kingswood," a development of 30 semi-attached residences (the "Proposed
Action") on property (the "Site" or the "Property") located on the southwest corner of the
intersection of Anderson Hill Road and King Street (of which 12.73 acres are located in Rye
Brook and 2.71 acres are located in the Town of Greenwich and all development is proposed
to be on the Rye Brook acreage), within the H-1 Hotel Zoning District and partly within the
Scenic Roads Overlay District (the "SROD"), the portion of which Property located in Rye
Brook being more particularly described as Section 129.35, Block 1, Lot 13 on the Town of
Rye Tax Map; and
WHEREAS, pursuant to §21-1(A) of the Village Code, on January 23, 2007, the
Village Board of Trustees adopted a resolution finding the Proposed Action to be a
development of substantial public importance in the H-1 Hotel Zoning District and reclaimed
jurisdiction as approving authority for all permits to be issued; and
WHEREAS, the Village Board of Trustees determined the Proposed Action to be an
Unlisted Action, pursuant to the New York State Environmental Quality Review Act
("SEQRA" -- Article 8 of the Environmental Conservation Law) and the SEQRA regulations
at 6 NYCRR Part 617, and, after circulation of Notice of Intent to Serve as Lead Agency to
the Involved Agencies, and receiving no objection, on January 23, 2007 resolved to be Lead
Agency for coordinated review of the Proposed Action; and
WHEREAS, the Village Board of Trustees, as Lead Agency for review under
SEQRA and 6 NYCRR Part 617, determined that the Proposed Action may include the
potential for certain minor adverse environmental impacts related to traffic, disturbance of
wetlands, erosion and sediment control, stormwater management, schools and community
services, and changes to the visual character of a portion of the Site in the Scenic Roads
Board of Trustees Meeting
March 24, 2009
Page 7
Overlay District, and asked the Applicant to prepare an expanded Full Environmental
Assessment Form and provide supplemental information regarding traffic impacts, and
impacts to schools, community services, wetlands, stormwater run-off and management, and
visual resources in the Scenic Roads Overlay District for review and determination of
significance; and
WHEREAS, the Village Board of Trustees referred the subject applications to the
Westchester County Department of Planning, the Town of Greenwich, the Rye Brook Police
and Fire Departments and the Village Planning Board for review and the Village Board of
Trustees received and considered the comments and recommendations from each of the
referenced agencies; and
WHEREAS, the Village Board of Trustees reviewed comments from the public and
interested agencies and parties regarding the subdivision and site plans, the Expanded Full
Environmental Assessment Form and the supplemental information submitted by the
Applicant at the request of the Village Board of Trustees, the reports and recommendations
of the Village Planning Consultant, the Village Engineering Consultant, Village staff and the
Village Planning Board regarding mitigation of disturbance of wetlands, creation of steep
slopes, the site plan, the subdivision plan, zoning, emergency services access, traffic and
transportation, noise, construction management, stormwater management, erosion and
sediment control, and mitigation of visual impacts, and, at the request of the Village Board of
Trustees, the Applicant revised the subdivision and site plans according to the
recommendations to eliminate or minimize the potential impacts, and to mitigate any minor
remaining potential impacts; and
WHEREAS, the Village Board of Trustees reviewed a preliminary plat for the
subdivision of the Property and a detailed site plan for the construction of 30 residential units
and a gatehouse, and site features including stormwater detention basins and other
stormwater management facilities, emergency access, open space, grading, roads, wetland
mitigation areas, lighting, and landscape plantings, and the site and subdivision plans were
revised to address the comments; and
WHEREAS, on December 8, 2008, the Village referred the Proposed Action
(including the application for site plan, subdivision and other approvals and waivers) to the
Westchester County Planning Board and provided a complete set of project documents in
accordance with New York State General Municipal Law §§239-m and 239-n; and
WHEREAS, the Village Board of Trustees received a January 5, 2009 letter from the
Westchester County Planning Board commenting on the Proposed Action and such
comments were given due consideration by the Village Board of Trustees, including at its
January 13, 2009 meeting, and the Board of Trustees, after due deliberation, believes the
County's comments are not consistent with the Village's local planning concerns;
WHEREAS, the Village Board of Trustees is familiar with the Site and all aspects of
the Proposed Action; and
Board of Trustees Meeting
March 24, 2009
Page 8
WHEREAS, on August 12, 2008, the Village Board of Trustees opened a public
hearing on the subject applications, at which hearing all persons interested were given an
opportunity to speak on behalf of or in opposition to said applications, and the Village Board
of Trustees closed the public hearing on March 10, 2009;
NOW, THEREFORE, BE IT RESOLVED, the Village Board of Trustees adopts a
Negative Declaration for the Proposed Action, dated March 24, 2009, for the reasons stated
therein,hereby ending the SEQRA process for the Proposed Action; and
BE IT FURTHER RESOLVED, the Village Board of Trustees hereby unanimously
overrides the recommendations of the Westchester County Planning Board, as set forth in the
aforesaid January 5, 2009 letter, because the said recommendations are not consistent with
the Village's local planning concerns, although the Board of Trustees notes that the plans for
the Proposed Action have been modified to eliminate the previously-proposed entrance gates,
which modification addresses several comments in the aforesaid January 5, 2009 letter; and
BE IT FURTHER RESOLVED, the Village Board of Trustees grants both
Preliminary and Final Subdivision Plat Approval to the Applicant, and particularly to the
"Final Subdivision Plat of Kingswood," prepared by Barrett, Bonacci & Van Weele, P.C.,
dated 4/28/08, and last revised 2/12/09 (the "Final Subdivision Plat"), subject to the
conditions contained herein; and
BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees,
for the reasons stated herein, hereby approves the Site Plan, and grants a wetlands and
watercourses permit (Village Code Chapter 245), a site development permit (Village Code
Chapter 118), a steep slope work permit (Village Code Chapter 213), an excavation permit
(Village Code Chapter 121), and a tree removal permit (Village Code Chapter 235), subject
to the payment of all applicable fees, to construct the Proposed Action on the portion of the
Property located in Rye Brook, as depicted on the following drawing set titled "Kingswood,
Anderson Hill Road, Site Development Plans," prepared by Barrett, Bonacci and Van Weele,
PC, Hauppauge, New York:
1. "Final Subdivision Plat of Kingswood, Sheet lof l," dated April 28, 2008, last
revised February 12, 2009.
2. Surveyor's plans prepared by Ward Carpenter Engineers, Inc., White Plains, N.Y.:
Sheet Number Sheet Title Dated
Sheet 1 of 16 Existing Conditions Plan 12/4/06
3. Engineer's plans prepared by Barrett, Bonacci & Van Weele, P.C., Hauppauge, N.Y.:
Sheet Number Sheet Title Dated
- Cover Sheet 01/5/07 rev. 2/12/09
Sheet 2 of 16 Alignment Plan 01/5/07 rev. 11/19/08
Sheet 3 of 16 Grading&Drainage Plan (North) 01/5/07 rev. 2/12/09
Board of Trustees Meeting
March 24, 2009
Page 9
Sheet 4 of 16 Grading&Drainage Plan (South) 01/5/07 rev. 2/12/09
Sheet 5 of 16 Road Profiles 01/5/07 rev. 5/4/07
Sheet 6 of 16 Utility Plan & Profiles 01/5/07 rev. 8/26/08
Sheet 7 of 16 Utility Plan & Profiles 01/5/07 rev. 7/31/08
Sheet 8 of 16 Utility Plan & Profiles 01/5/07 rev. 10/20/08
Sheet 9 of 16 Tree Preservation Plan 01/5/07 rev. 10/20/08
Sheet 10 of 16SWPPP 01/5/07 rev. 10/20/08
Sheet 11 of 16 Overall Landscape Plan 12/21/06rev. 0/20/08
Sheet 12 of 16 Typical Unit Landscape Plans 12/20/06 rev. 7/30/08
Sheet 13A of 16 Wetland Impact Map 05/22/07rev. 0/20/08
Sheet 13B of 16 Overall Wetland Mitigation Plan 05/22/07rev. 0/20/08
Sheet 13C of 16 Wetland Mitigation Enlargement
Plan,Areas C, D,E 05/22/07 rev. 3/11/09
Sheet 13D of 16 Wetland Mitigation Enlargement
Plan,Areas E, F, G, H,I, J, K 05/22/07rev.10/20/08
Sheet 13E of 16 Wetland Mitigation Enlargement
Plan,Areas L, M, P, R, S, T, U 05/22/07rev. 0/20/08
Sheet 13F of 16 Wetland Mitigation Enlargement
Plan, Off-Site Sewer and Area N 05/22/07rev. 0/20/08
Sheet 13G of 16 Stormwater Basins Planting Plan 05/22/07rev. 0/20/08
Sheet 14 of 16Details 01/05/07 rev. 2/12/09
Sheet 15 of 16Details 01/5/07 rev. 2/12/09
Sheet 16 of 16Details 01/5/07 rev. 4/28/08
Sheet 1 of 3 Autoturn Analysis 03/31/08rev. 10/20/08
Sheet 2 of 3 Autoturn Analysis 07/01/08rev. 10/20/08
Sheet 3 of 3 Autoturn Analysis 10/16/08
Sheet 1 of 1 Grading Plan, Units 21-24 09/05/08rev. 10/20/08
4. Architect's plans prepared by Sullivan Architecture, P.C., White Plains, N.Y.:
Sheet Al Architectural Site Plan and
Entry Sign and Entry Wall Elevation 11/10/08
Sheet A2 Units A & B Plans 7/1/08
Sheet A3 Units A & B Elevations 7/31/08
Sheet A4 Unit C Plans and Elevations 7/31/08
Sheet A5 Unit D Plans and Elevations 7/31/08
Sheet A6 Diagrams for Fire Dept. Ladder Access
and Height/Setback Diagrams 7/31/08
Sheet A7 Diagrams for Fire Dept. Ladder Access
and Height/Setback Diagrams 7/31/08
Sheet SL-1 Site Lighting Plan 11/18/08
Sheet SL-2 Site Lighting Plan 11/18/08
Sheet SL-3 Fixture Schedule and Details 11/18/08
Sheet SL-4 Photometric Plan 11/18/08
Board of Trustees Meeting
March 24, 2009
Page 10
Sheet SL-5 Photometric Plan 11/18/08; and
BE IT FURTHER RESOLVED, that, pursuant to Chapter 21 of the Village Code, the
Village Board of Trustees finds the Proposed Action involves a development of substantial
public importance and waivers of only the following provisions of the Village Code, which
waivers are hereby granted for the Proposed Action, will result in a benefit to the community:
1. The 15-acre minimum parcel size requirement of Section 250-34(b) of the Village
Code;
2. The requirement of Section 250-6(A)(4)(b) of the Village Code that no more than
25 percent of the required minimum lot area be land defined as wetlands, be subject to
flooding, or be steep slopes;
3. The provision of Section 245-9(A)(3) of the Village Code, which requires
mitigation for losses to "wetland/watercourse buffers" by a ratio of at least two to one;
4. The provision of Section 250-7(F)(6)(b) of the Village Code that requires a
minimum front yard setback 1.5 times the front yard setback required in the underlying
zoning district;
5. The provisions of Section 250-7(F)(6)(a), (c), and (h) of the Village Code that
require that(i)proposed structures "be architecturally compatible with surrounding
structures," (ii) "important scenic and natural features of the site shall be preserved," (iii) a
thirty-five-foot-wide area, measured perpendicularly from the front property line and running
the length of the lot frontage, "shall remain as a vegetative buffer," (iv) "[a]ny grading or
earth-moving operation shall be conducted so that the final, postdevelopment contours appear
to be consistent with the predevelopment terrain,both on and adjacent to building sites," and
(v) "[w]ithin the front yard landscape buffer, existing grade shall not be altered"; and
6. All other provisions of Chapter 118 ("Erosion and Sediment Control"), Chapter
130 ("Flood Damage Prevention"), Chapter 213 ("Steep Slope Protection"), Chapter 235
("Trees"), Chapter 245 ("Wetlands and Watercourses"), and Chapter 250 ("Zoning") that
would not permit the Proposed Action to be developed and/or constructed as shown on the
aforesaid plans or would require any additional Village approvals for such
development/construction; and
BE IT FURTHER RESOLVED, that all approvals and waivers granted by
this resolution are subject to the following terms, conditions and understandings:
1. A copy of this resolution shall be attached to the Site Development Permit application
and all building permit applications;
2. Approvals from all other agencies from which approvals are required;
Board of Trustees Meeting
March 24, 2009
Page 11
3. A Section 401 Water Quality Certification from NYSDEC and a Coastal Zone
Management Consistency Certification from NYSDOS;
4. The Final Subdivision Plat shall be submitted for review and signature to the
Westchester County Department of Health within sixty (60) days of adoption of this
Resolution. The signature of the Department of Health shall be required prior to the
signing of the Final Subdivision Plat by the Mayor of Rye Brook. The Final
Subdivision Application and Final Subdivision Plat must be submitted to the Village for
signature by the Mayor within 180 days of the adoption of this Resolution;
5. At the time the Final Subdivision Plat is signed by the Mayor, and any building
permits or Certificates of Occupancy are issued, the Applicant shall submit a
statement signed by the Town of Rye Receiver of Taxes that all taxes due on the
Property have been paid in full;
6. Prior to signing of the Final Subdivision Plat, the plat shall be revised to designate the
principal roadway on the Property as "Carol Court" and the loop roadway on the
Property as "David Lane";
7. Since the Village Board of Trustees finds that a suitable park or parks of adequate
size cannot be properly located on the Property, at the time of submission of the Final
Subdivision Plat for signature by the Mayor, the Applicant shall pay a recreation fee
in lieu of recreation land dedication. The fee shall be $9,000.00 per acre (and pro
rated for any part thereof) within the Village of Rye Brook plus $2,000.00 per
dwelling unit to be constructed for a total recreation fee of$174,570.00;
8. The Applicant has represented that, (a) within 180 days after adoption of this
Resolution, it will place a permanent conservation easement on the entire portion of
the Property located in the Town of Greenwich, CT, and (b) upon completion of the
Site improvements pursuant to the approvals granted hereunder and prior to issuance
of the tenth Certificate of Occupancy for the Proposed Action, it will place permanent
conservation easements on (i) all existing and created wetlands on the portion of the
Property within Rye Brook, as shown on the Final Subdivision Plat, and (ii) on the
portion of the Property in Rye Brook that lies along Anderson Hill Road, to a depth of
35 feet measured from the Property boundary along such roadway. The Applicant
shall provide the Village Attorney, within 150 days of the date of this Resolution,
draft language for the easement to be placed on the Greenwich portion of the
Property, for review and approval, and shall also provide the Village Attorney, prior
to issuance of a building permit, draft language for the easements to be placed on the
Rye Brook portion of the Property. In that such conservation easements are being
given voluntarily by the Applicant, they are not conditions of the approvals granted
by this resolution. The Final Subdivision Plat shall be revised to indicate the 35-foot
area along Anderson Hill Road upon which is to be imposed a conservation easement;
9. Prior to performance of any work at the Site and prior to the Village Engineer's
release of the Site Development Permit (approved herein) pursuant to Village Code
Board of Trustees Meeting
March 24, 2009
Page 12
Section 118-8 or any building permit, a 100% performance bond or letter of credit
shall be submitted in a sum determined by the Village Engineer and shall be furnished
to and accepted by the Village, to guarantee the satisfactory and complete installation
and construction of all infrastructure and public improvements, as determined
appropriate by the Village Engineer, including landscaping, lighting, sanitary sewer,
water, drainage systems, roads, sediment and erosion control measures, sidewalks,
stormwater detention and wetland mitigation plantings, and approved as to form by
the Village Attorney;
10. Prior to issuance of a building permit, provision of a plan showing the location of
community mailboxes, if not located at each residence, and the location of a school
bus stop to the reasonable satisfaction of the Village Engineer. The locations of the
bus stop and mailboxes shall comply with the requirements of the bus and mail
service providers, provide for the safety of residents and not impede the flow of
traffic on any public or private roads;
11. At the time of application for a building permit, submission for review to the Village
Engineer of a plan for location and operation of any temporary office to be located on
the subject property for the purpose of sale of residential units at Kingswood,
including but not limited to location, provision for utilities, lighting, signage, parking,
days and hours of operation and expected duration of use. All temporary offices and
trailers (including construction trailers or other containers used for storage) are to be
removed from the Site no later than issuance of the last Certificate of Occupancy;
12. Provision of a post and rail fence with dark colored mesh to be located around the
entirety of the high point of the southerly basin located on the Site;
13. The Applicant and/or the Homeowners Association (HOA) shall monitor and
maintain the stormwater basins and wetland mitigation plantings on the Property in
accordance with the documents entitled "Post Construction Monitoring and
Maintenance of Stormwater Basin and Wetland Mitigation Plantings,"
"Wetland/Stormwater Basin Monitoring Data Form" and "Wetland/Stormwater Basin
Long Term Monitoring Form," attached hereto as Exhibits "A," `B," and "C"
respectively.
14. At the time of application for a building permit, a final, detailed monitoring and
maintenance plan for all stormwater management facilities shall be provided to the
Village Engineer in accordance with the requirements of Chapter 217 of the Village
Code. The Applicant, and eventually the HOA, shall be required to inspect, maintain
and repair all stormwater management structures and appurtenances in accordance with
the approved plans to insure the proposed stormwater management facilities function to
the standards and objectives of the Village of Rye Brook stormwater management law.
The monitoring and maintenance of the storm water management facilities will be
conducted according to the final stormwater monitoring and maintenance plan to be
approved by the Village Engineer. Maintenance activities will be the responsibility
Board of Trustees Meeting
March 24, 2009
Page 13
of, and be paid for by, the developer KF (Rye Brook), LLC and thereafter by the
HOA. The inspection of the basins will be conducted by a qualified firm or
individual (an engineer or wetlands expert) acceptable to the Village Engineer.
Sediment removal and mowing will be performed by a qualified grounds maintenance
firm under contract to the owner or the HOA;
15. There shall be language contained in the Offering Plan for the HOA that the bollards
and chains which border the wetland buffer zones at the residential areas must be
maintained by the HOA and kept in existence at the locations specified on the
approved plans. Prior to the issuance of the final Certificate of Occupancy, the
Applicant shall verify to the reasonable satisfaction of the Village Engineer that the
bollards and chains were installed in the approved locations just outside of and
following the limits of the wetlands;
16. The "Wetland/Stormwater Basin Long Term Monitoring Form" shall be included in
the Offering Plan for the HOA and submitted to the Village Engineer on or before
December 15th of each year,post construction;
17. Prior to issuance of a building permit, a final construction management plan for the
Site that includes specific times and routes for trucks carting material to and from the
Site, including potential truck routes, number of trucks, number of trips, dust and
noise mitigation measures and coordination with school schedules shall be provided
to and approved by the Village Engineer, to ensure that construction materials,
vehicles, etc. are property managed and that off-site impacts are minimized. The
primary construction entrance shall be located on King Street and a secondary
construction entrance shall be provided from Anderson Hill Road. Work shall be
staged to minimize the number of trucks present at the Site at any one time.
Construction traffic shall be scheduled to avoid generation of construction related
traffic that coincides with roadway peak hours. These schedules and hours of
operation shall be coordinated with the construction contractors and established in the
construction contracts. All material storage, parking, trailer locations, security
lighting and construction staging will be confined to the areas set forth in the
aforesaid final construction management plan. The majority of construction workers
and vehicles destined to the Site will not travel during the roadway peak hours in
order to minimize impacts associated with construction activities to area roadways.
The construction schedule for the workers shall generally be from 8:00 AM to 4:00
PM, such that workers' trips will occur outside the peak roadway hours and
construction workers shall generally arrive at the Site between 7:00 to 8:00 AM, and
leave the Site between 3:00 to 4:00 PM;
18. Prior to the issuance of the first building permit, the Site Development Plan is to be
completed such that the infrastructure, including the roadways (to binder surface),
sewer, public utilities and landscaping of the stormwater basins and property
boundary line along Anderson Hill Road and King Street, is installed;
Board of Trustees Meeting
March 24, 2009
Page 14
19. The monitoring and maintenance of all facilities required by the conditions of this
resolution that are to be the responsibility of the Homeowners Association (HOA) shall
be clearly and completely described in the Offering Plan and By-Laws for the proposed
HOA, subject to the approval of the Village Attorney prior to submission to the New
York State Attorney General's Office;
20. The storm water management system will be built and maintained to insure that there
will be no significant adverse surface water impacts (such as erosion to stream banks
or stream bottoms) from the proposed development;
21. Landscaping shall be maintained so as to minimize the potential for pollutant loadings
and water quality impacts associated with the care and maintenance of ornamental
gardens;
22. Parking shall be prohibited along all access roads, internal roadways and the
emergency exit/entrance road on King Street, except that parking is permitted in areas
designated for parking on the approved site plans. It shall be the responsibility of the
Applicant, and subsequently the Home Owners Association (HOA), to place and
maintain appropriate traffic regulation signage and enforce the "no parking" rules, in
addition to enforcement by the Village. As reflected on the Alignment Plan, Sheet 2
of 16, all roadways, including the emergency access road, are designated as fire lanes.
Such language shall be included in the Offering Plan;
23. Construction of additional building bulk or structures of any kind (including, but not
limited to additions to buildings, enlargement of decks, patios or walkways, expansion
or construction of walls and decks or placement of sheds or other accessory structures)
shall be prohibited by deed restriction and/or other appropriate measures as approved by
the Village Attorney. The foregoing shall not include repairs or rebuilding of structures
as originally configured and approved;
24. For a period of five (5) years after installation, landscaping installed within the King
Street Scenic Roads Overlay District (SROD) 35-foot regulated buffer shall be
maintained and/or replaced as necessary according to the approved landscape plans
by the Applicant and/or the Homeowners Association (HOA) to ensure the
development and survival of the newly planted visual buffer in the SROD;
25. After all new plant and landscape material is installed and at the expense of the
Applicant, the newly installed plantings shall be inspected once yearly during each of
the next five consecutive growing seasons by a landscape architect or a horticultural
professional acceptable to the Village Engineer to ensure the health and long term
viability of the landscaping throughout the Property and its ability to screen views
from adjacent properties, prevent erosion and sedimentation, and enhance the visual
character of the neighborhood and the development. After inspection, all dead
plantings or plantings that are in poor health shall be promptly replaced, according to
the approved landscape design, during such five-year period;
Board of Trustees Meeting
March 24, 2009
Page 15
26. Neither the Applicant, nor its successors in interest, including the HOA, may install a
gate at any location along Carol Court, except for the 2 gates to be installed at the
emergency access road;
27. As the Proposed Action will be located partially within the Critical Environmental Area
(CEA) F-4 airport overlay zone associated with the flight path of the primary runway of
Westchester County Airport and would be subject to airplane noise conditions, the
Applicant will mitigate such noise conditions by constructing the homes with techniques
and materials to reduce audible airplane noise within the dwellings, which at a minimum
shall include the techniques and features set forth in the July 31, 2008 letter from
Michelle Lee,AIA, attached hereto as Exhibit"D";
28. The Applicant has submitted documentation to the Village to demonstrate that its
proposed building construction will meet and exceed the relevant requirements of the
New York State Energy Conservation Code with respect to insulation, window
glazing and other characteristics. The Applicant has also stated its intent to comply
with the current and more stringent requirements of the Energy Star Program so as to
enable the dwellings to become Energy Star labeled. These specifications relate to
insulation, windows, doors, heating and air conditioning equipment, ductwork and
ventilation, appliances and lighting. As a condition of Site Plan approval, the
Applicant is directed to coordinate with the Village Building Inspector during the
preparation of the construction drawings for the dwellings relative to specific
construction specifications that will be incorporated into the dwelling designs in order
for the dwellings to become Energy Star labeled. Additionally, at the time of
submission of an application for the first building permit, the Applicant shall provide
a written summary detailing the project drawings' conformance with the New York
State Energy Conservation Code, the Energy Star Program and, to the extent feasible,
the Green Building Council's LEED Program;
29. The Offering Plan and, where appropriate, the By-Laws and Rules and Regulations
for the proposed HOA, shall include text to the satisfaction of the Village Attorney
concerning conditions 8, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26 and 31 of
this Resolution;
30. The design and the intent of the Landscape Plan shall be maintained except as
approved by the Village Engineer. Substantial alteration of the landscape design, as
determined by the Village Engineer, shall be considered a modification of the site
plan and shall require approval by the Village Board of Trustees;
31. Prior to issuance of the last Certificate of Occupancy, the Applicant shall provide to
the Village a landscape maintenance bond, the amount of which is to be determined
by the Village Engineer, in a form satisfactory to the Village Attorney, with a
minimum term of two years commencing upon the issuance of the last certificate of
occupancy, or last planting, whichever is later, to be posted for the maintenance of
general Site landscaping; landscaping shall be maintained and replaced as necessary
during the term of such bond;
Board of Trustees Meeting
March 24, 2009
Page 16
32. All permits issued hereunder shall be deemed effective as of the issuance of the final
building permit for the Proposed Action, for the purposes of determining the
expiration date of said permits;
33. Prior to the signing of the Final Subdivision Plat, the plat shall be revised to (a)
reflect that the entire portion of the Property in Rye Brook is located within the H-1
Zoning District; (b) include the page and liber of the recorded water line easement
along that portion of the Property located adjacent to Anderson Hill Road; (c) include
a metes and bounds description of the New York — Connecticut boundary line
through the Property; (d) remove any reference to a water line easement existing on
the Applicant's property adjacent to Anderson Hill Road and located in Greenwich,
Connecticut; and(e) label Rincard Terrace;
34. The Village Engineer shall have the discretion to authorize modification to any of the
underlying plans arising out of conditions encountered in the field during construction
or caused by construction methods so long as such modification would not require
review by the Board of Trustees;
35. The Village has relied upon and this approval is conditioned upon the Applicant's and
its successors and assigns compliance with all representations and mitigation
measures outlined in the Reports, analyses, correspondence, project documents and
the Expanded Environmental Assessment Form, its Supplements and attachments that
are not otherwise inconsistent with this approval resolution;
36. There shall be no further subdivision of the Property;
37. The Applicant shall provide an As-Built survey of the Property, subject to the
reasonable satisfaction of the Village Engineer, at the time of application for the final
Certificate of Occupancy.
BE IT FURTHER RESOLVED, that all requirements, conditions, and mitigation
measures related to the Proposed Action, as established by the Mayor and Board of Trustees
in the Negative Declaration, shall constitute express conditions of this approval, and shall
constitute obligations of the Applicant thereunder and its successors and assigns, and shall be
enforceable by the Village Board or its designated representative.
BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant
has paid to the Village all application fees.
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean P. Santon Voting Aye
Mayor Joan L. Feinstein Voting Aye
Board of Trustees Meeting
March 24, 2009
Page 17
Mr. Nick Lyras, President of the Doral Homeowners Association, addressed the Board and
asked how long the approval was good for. Mr. Ward-Willis responded with respect to the
site plan application, infinity because the Village wants to see this project get built and not
the hotel.
Trustee Santon excused himself for the remainder of the evening and Mayor Feinstein called
for a brief recess.
RECONVENE
Mayor Feinstein called for resolution#6:
(6) Budget Modification—Police Overtime&Recreation Department
Mr. Christopher Bradbury read the resolution.
On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the
following resolution was adopted.
BUDGET MODIFICATION—POLICE OVERTIME & RECREATION
DEPARTMENT
RESOLVED, that the following budget modification be hereby approved:
FROM TO AMOUNT
101.1990.424 101.3120.189 $ 58,000
(Contingency) (Police Dept. —
Overtime)
101.1990.424 101.3120.470 $ 9,000
(Contingency) (Police Dept. —
Professional Development)
101.1990.426 101.7140.499 $ 1,996
(Contingency) (Recreation Dept. —
Contractual)
Trustee Brown and Mayor Feinstein thanked Chief Austin for providing the requested
detailed report explaining why the budget modification was needed at this time.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Board of Trustees Meeting
March 24, 2009
Page 18
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean Santon Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution#7:
(7) Awarding Contract 09-01: Residential Sanitation Collection Services
Mr. Bradbury gave a summary of the resolution noting the savings from the current contract
and the option of curbside collection which would be an additional $108,000 savings over the
three years of the contract. The low bidder was AAA Carting.
Mayor Feinstein explained the alternate bid options were done as a result of the budget
constraints and in an effort to save money. It has become a very controversial topic as the
Rye Brook residents have come to expect a certain level of service. In talking to residents,
the Mayor became aware that there were many residents who did not even know that
backyard pickup was being provided and had been bringing their garbage to the curb. The
Mayor's opinion is she is concerned about the economy and is looking to save money. Over
the three years, the savings would be $108,000 and she believes that is a substantial amount
and the board needs to be pro active fiscally.
Trustee Rosenberg respectfully disagrees as there are only a few things that the Village does
that directly impact the residents — that being snow removal, leaf pickup and sanitation. He
believes curbside pickup will only cause problems like wind blown garbage or animal issues.
He believes that curbside pickup will cause an undo hardship on residents for a very small
savings and his opinion is to maintain backyard pickup.
Trustee Sanders Romano has mixed feelings but is concerned about the seniors. She is aware
that they may possibly pay a small fee to keep the backyard pickup, but believes that might
also cause a hardship. Her opinion is she would only agree to curbside if something could be
arranged where the seniors can keep the service and not pay for it.
Trustee Brown would like to know the statistics on how many residents make use of the
service. His feeling is that we should keep rearyard but would really like to see the numbers
to make a more educated decision.
Mr. Carosi, Village Engineer, does not have the statistics but will reach out to our current
vendor to see if he can provide some level of numbers that would help the Board make a
decision.
Mayor Feinstein believes that while this is a service that everyone uses, they also have to pay
taxes and she has received many phone calls about taxes as well. Maybe alone changing this
service may not have an impact, but cuts all together will add up to a savings and she
believes the Board has to be proactive fiscally.
Board of Trustees Meeting
March 24, 2009
Page 19
Trustee Rosenberg disagrees and believes the big picture should be service to the residents
and he wants to keep the current level of service.
Administrator Bradbury agrees that this is the most up front and personal service the Village
offers its residents and believes that there is a savings here for a long time going forward.
Mayor Feinstein does not want to vote on this this evening, wants to give the residents a
change to voice their opinions and would like to see if Mr. Carosi is able to get some of the
statistics the Board spoke about.
Mayor Feinstein called for resolution#9:
(8) Setting a Public Hearing to consider a proposed amendment to Chapter 209 of the
Village of Rye Brook Village Code regarding site plan review survey
requirements
Mr. Bradbury read the resolution.
On a motion by Trustee Sanders Romano and seconded by Trustee Brown, the following
resolution was adopted.
SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO CHAPTER
209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE
PLAN SURVEY REQUIREMENTS
WHEREAS, the Board of Trustees is considering amendments to Chapter 209 of the
Village Code regarding Site Plan Survey Requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook, shall hold a public hearing on April 14, 2009 at 7:30 p.m. at the
Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean Santon Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution#9:
(9) Setting a Public Hearing to consider a proposed amendment to Chapter 209 of the
Village of Rye Brook Village Code regarding site plan review waiver provisions
Mr. Bradbury read the resolution.
Board of Trustees Meeting
March 24, 2009
Page 20
On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the
following resolution was adopted.
SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO CHAPTER
209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE
PLAN WAIVER PROVISIONS
WHEREAS, the Board of Trustees is considering amendments to Chapter 209 of the
Village Code regarding Site Plan Waiver Provisions.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook, shall hold a public hearing on April 14, 2009 at 7:30 p.m. at the
Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean Santon Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution #10:
(10) Adopting local adjustments for homestead and non- homestead base proportions
Mr. Bradbury read the resolution.
On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the
following resolution was approved.
ADOPTING local adjustments for homestead and
non-homestead base proportions
WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law #2-2005
relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law
regarding Homestead Base Proportions; and
WHEREAS, the Town of Rye Assessor has prepared Homestead and Non-
Homestead base proportions for the Village of Rye Brook; and
Board of Trustees Meeting
March 24, 2009
Page 21
WHEREAS, the Board of Trustees of the Village of Rye Brook wishes to adopt local
adjustments to these base proportions, that will be used to establish a Homestead tax rate and
a Non-Homestead tax rate for the 2009-2010 Village tax.
NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village
of Rye Brook hereby adopts for the 2009-10 Village tax, Homestead Base Proportions of
74.252807% and Non-Homestead base proportions of 25.747193 %; and
BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are
authorized to sign all necessary documents to implement the purposes of this resolution; and
BE IT FURTHER RESOLVED, that the Town Assessor and Tax Collector are
authorized and directed to make any filings on behalf of Rye Brook, and to take any
additional actions necessary to implement the purposes of this resolution.
Mr. Bradbury explained that this is normal course of business and needs to be done 30 days
prior to the tax levy after which the town approves it and then it moves on to the state. This is
essentially keeping a lower tax rate for homestead properties.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean Santon Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution#11:
(11) Considering an inter municipal agreement with Westchester County and the
Village of Rye Brook for prisoner transportation
Mr. Bradbury read the resolution:
On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the
following resolution was adopted.
CONSIDERING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER
COUNTY AND THE VILLAGE OF RYE BROOK FOR
PRISONER TRANSPORTATION
RESOLVED, that the Village of Rye Brook is authorized to enter into an inter-municipal
agreement with Westchester County for prisoner transportation, for the period of January 1,
2009 to December 31, 2010 as follows:
(1/1/09-12/31/09) $175.18 per round trip
Board of Trustees Meeting
March 24, 2009
Page 22
(1/l/10-12/31/10) $182.19 per round trip; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and
deliver all documents necessary or appropriate to accomplish the purposes of this resolution.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean Santon Absent
Mayor Joan L. Feinstein Voting Aye
Mayor Feinstein called for resolution#12:
(12) Overview of the 2009-10 Tentative Budget and setting a public hearing for April
14, 2009
Mr. Bradbury read the resolution and gave a brief overview with a more detailed look
being done at the April 14, 2009 Board meeting.
On a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the
following resolution was adopted.
OVERVIEW OF THE 2009-2010 TENTATIVE BUDGET AND SETTING A PUBLIC
HEARING FOR APRIL 14, 2009
RESOLVED,that a Public Hearing will be held by the Board of Trustees of the
Village of Rye Brook on Tuesday, April 14, 2009 at 7:30 p.m. at Village Hall located at 938
King Street, Rye Brook, New York to consider the proposed 2009-2010 Tentative Budget for
the Village of Rye Brook; and
BE IT FURTHER RESOLVED, that the notice of public hearing shall state the
time,place,purpose of the hearing, and that a copy of the tentative budget is available in the
office of the Village Clerk, for inspection during regular office hours.
Mr. Bradbury added that this is the 2009-2010 tentative budget and it was one of the
most difficult he has had to work on due to the state of the current economy. The
tentative budget has been available on the Village's website since last Friday for the
public to view. The tax levy increase was kept to 3.47% with the expenditures
increasing less then 1%. Budget work sessions are scheduled and the public hearing
will be April 14t1' and the budget should be adopted on 4/28 — must be filed by May
1St
Board of Trustees Meeting
March 24, 2009
Page 23
Mayor Feinstein thanked Mr. Bradbury and all the department heads who worked so
hard on such a difficult budget.
Mr. David Burke called the roll:
Trustee Michael S. Brown Voting Aye
Trustee Patricia Sanders Romano Voting Aye
Trustee Paul Rosenberg Voting Aye
Trustee Dean Santon Absent
Mayor Joan L. Feinstein Voting Aye
ADMINISTRATOR'S REPORT:
Mr. Bradbury stated that this Thursday is the first budget hearing followed by a
second on April 1't. The Rye Brook Soccer kick off is March 28"' and March 29th
with a ceremony at 7:40 AM on the 28th. 100 teams are expected.
County Executive Andy Spano has forwarded the sluice gate application to the next
level of approval so it is moving forward.
The Edgewood Basin project update is that Mr. Rotfeld is expected to attend the April
14 Board meeting where he will present his preliminary plan.
Bonds — the Village was able to save $107,000 by bonding at a rate of 2.24°/x. The
Village has a bonding rate of AA2 which is excellent for a municipality of our size.
Mayor Feinstein wanted to forward a message from the Blind Brook Schools where
they are celebrating Earth Day by having a night of lights out and are asking everyone
to turn their lights off this Saturday from 8:30PM to 9:30PM and has asked the
Village to participate.
Mayor Feinstein also congratulated the Police Department on a recent arrest and
asked Chief Austin to explain the details.
Chief Austin explained that the Police had uncovered a prostitution ring operating in
Rye Brook through Craig's list. The Rye Brook Police with Sgt. Wilson, Detective
Goralick and Detective Austin working in conjunction with the County Police, the
City of Rye and Harrison went undercover and were able to execute a warrant and
make an arrest. He added that this was a phenomenal job which came together
quickly and was accomplished through good police work.
Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee
Sanders Romano and seconded by Trustee Rosenberg, the meeting was adjourned at
10:58 PM.
Board of Trustees Meeting
March 24, 2009
Page 24
Board of Trustees Meeting
March 24, 2009
Page 25