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HomeMy WebLinkAbout2009-08-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, AUGUST 25, 2009-7:30 P.M. AGENDA 7:00 PM— Executive Session— Committee Appointments — Salary Adjustments ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: (1) Public hearing to consider a Tier III Home Occupation Permit for a personal training facility at 43 Country Ridge Drive (2) Public hearing to consider a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance (3) Public hearing to consider a proposed local law amending Chapter 212 of the Village of Rye Brook Village Code regarding sprinklers RESOLUTIONS: (1) Consider a Tier III Home Occupation Permit for a personal training facility at 43 Country Ridge Drive (2) Considering a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance (3) Considering a proposed local law amending Chapter 212 of the Village of Rye Brook Village Code regarding property sprinklers (4) Considering the appointment of a police officer Board of Trustees Meeting August 25,2009 Page 1 (5) Considering a Village contribution to the Columbus Day Celebration Committee and use of Hawthorne Avenue for the annual parade (6) Setting a public hearing to consider the designation of an Official Map (7) Considering the compensation for non-union personnel ADMINISTRATOR'S REPORT OLD BUSINESS: (1) Proposed Edgewood Drive Detention Basin (2) Update on Housing Settlement DISCUSSION ITEMS: (1) Processing of land use applications before Planning Board and Zoning Board of Appeals (2) Proposed legislation regarding height of building/stories ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING NEXT REGULAR TRUSTEES MEETINGS: September 8 and September 22, 2009 BOARD: Mayor Joan L. Feinstein Trustee Paul S. Rosenberg Trustee Dean P. Santon Trustee Patricia Sanders Romano Absent: Trustee Michael S. Brown STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Michel k, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting August 25,2009 Page 2 Mayor Joan L. Feinstein welcomed everyone to the August 25, 2009 egular Meeting of the Board of Trustees. It was noted that Trustee Michael S. Brown was excused from the meeting. Mayor Feinstein called for the first matter on the agenda. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A PERSONAL TRAINING FACILITY AT 43 COUNTRY RIDGE DRIVE Trustee Paul Rosenberg stated that would be recusing himself from deliberation on this matter. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Dean Santon, the public hearing was declared open. Ms. Deborah Crystal-Rosenberg addressed the Board. She noted that she was employed at the Saw Mill Club in Mount Kisco, where she currently sees her clients. She also schedules sessions in the homes of her clients. At this time she was before the Board of Trustees applying for permission to see clients in her home under a Tier III Home Occupation. She noted that she was seeking the ability to see clients from 8:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 2:00 p.m. on Saturdays. She noted all of her clients would park in her driveway and that the most clients she would see at the same time would be two — this is called partner training. She also stated that she would not have group sessions. All clients would enter through her sliding glass doors in the rear of the home and there is appropriate screening for the neighbor closest to her driveway. The applicant stated that she has spoken with her neighbors and they are in support of the application; some have sent the Board emails to express their support. This type of usage does not create extra traffic, noise, or evening visits. In addition, all appointments will be staggered, with no back-to-back appointments; no deliveries; no signage; and no employees. Mayor Feinstein noted that Tier III allows one customer per hour, and the applicant is proposing partner training sessions. Ms. Crystal-Rosenberg noted that she may hold two to three partner training sessions per weeks, but these sessions are not always held in the same place. Sometimes she schedules them for the BelleFair gym, at the clients' homes, or at the club. Board of Trustees Meeting August 25,2009 Page 3 Mayor Feinstein called for questions or comments from members of the public. Mr. Anthony Tiso of 49 Country Ridge Drive introduced himself to the Board. He noted that, as an immediate neighbor of the applicant's he supported the application. Trustee Santon asked clarified the number of visits per week, and suggested that a limit of the number of sessions or partner sessions be placed as a condition of approval. He noted that the applicant was requesting a deviation to Saturday hours as well as the number of clients seen per hour. He also wanted to be sure that the use would not transfer and that it would be unique to the applicant. Ms. Crystal-Rosenberg requested four (4) partner (pairs) sessions per week and eight (8) single sessions. Mayor Feinstein noted that there would not be more than sixteen clients at the applicant's home per week. Trustee Santon expressed a concern about the volume of traffic. He felt that there could potentially be three (3) client cars in the applicant's driveway at one time. Ms. Crystal-Rosenberg noted that her appointments would be staggered, and reiterated that not all appointments would be held at her home. Mayor Feinstein noted that in her calculations there would be no more than 24 customers per week. Mr. Christopher Bradbury, Village Administrator, noted that even if the applicant's clients parked in the street, no parking violation would be issued. However, this would be a violation of the Home Occupation Permit. There being no further discussion, Mayor Feinstein called for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the resolution on this matter. Board of Trustees Meeting August 25,2009 Page 4 RESOLUTIONS: 1) CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A PERSONAL TRAINING FACILITY AT 43 COUNTRY RIDGE DRIVE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A TIER III HOME OCCUPATION PERMIT FOR A PERSONAL TRAINING FACILITY AT 43 COUNTRY RIDGE DRIVE WHEREAS, Deborah Crystal-Rosenberg, the owner of 43 Country Ridge Drive desires to receive a Tier III Home Occupation Permit for the use of residence as a personal training facility with no employees; and WHEREAS, Deborah Crystal-Rosenberg has submitted a Tier III Home Occupation Pen-nit Application dated July 28, 2009 to the Building Department as well as photos of the property and a sketch plan of vehicle parking and client entrance into the home to the Board of Trustees; and WHEREAS, Deborah Crystal-Rosenberg has outlined the hours of operations, number of potential clients and location of parked cars for the proposed Home Occupation in accordance with the Village of Rye Brook Code; and WHEREAS, a Public Hearing was held on August 25, 2009 to consider the Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code and was subsequently closed on August 25, 2009. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby grants a Tier III Home Occupation Permit to Deborah Crystal-Rosenberg for a personal training facility at 43 Country Ridge Drive, Rye Brook, NY in accordance with Village Code. BE IT FURTHER RESOLVED that provided that the actual number of clients and visits will be no more than sixteen per week of which no more of those than eight (8) shall be two client visits per hour. Board of Trustees Meeting August 25,2009 Page 5 AND FURTHER RESOLVED that the hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 5:00 p.m., and Saturday from 9:00 a.m. to 2:00 p.m. AND FURTHER RESOLVED that all clients must park their vehicles in the applicant's driveway. Trustee Santon requested that the date of the application be inserted into the Resolution. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Mr. Burke called the roll: Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the second public hearing on the agenda: 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE Mayor Feinstein noted that this is the third meeting for this public hearing. Mr. Bradbury stated that this is a proposal to ensure that dumpsters are properly cleared out and removed at the end of construction. Mayor Feinstein called for questions or comments on the latest revisions. Trustee Santon noted that he wanted to be sure that everyone was aware of the intent of the amendments to the local law. He pointed out that there are two issues being clarified. The first is how long can you have a dumpster sitting on the property after a project is completed; and the second is how long can a full dumpster remain. The proposed amendments give the Building Department more latitude. Board of Trustees Meeting August 25,2009 Page 6 Trustee Santon also wanted to make sure that if there is a contractor and he owns his own equipment that he cannot keep a bobcat in their front yard. The law must be very clear that construction equipment must be owned by a third party. Mr. Bradbury noted that the equipment referenced in this portion of the Village's Code is connected to construction. Unless there is an ongoing project on the property, no commercial equipment or dumpsters should be on the property. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was closed. Mr. Burke called the roll: 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 for resolution#2: 2) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE WHEREAS, the Board of Trustees is considering amendments to Chapter 186 of the Code of the Village of Rye Brook regarding property maintenance; and WHEREAS, on July 28, 2009 the Board of Trustees opened a public hearing on the subject Local Law and continued the public hearing on August 11, 2009 and continued on August 25, 2009, at which time all Board of Trustees Meeting August 25,2009 Page 7 persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on August 25, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 186 of the Code as proposed regarding property maintenance. There was no discussion on this resolution. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. The roll was called: 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 for the final public hearing on the agenda: 3) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 212 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SPRINKLERS Mayor Feinstein called for a motion to open the public hearing, and table the matter to the next Board of Trustees meeting. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was opened and tabled. The roll was called: 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 August 25,2009 Page 8 Mayor Feinstein asked that Mr. Bradbury give some background on this issue. Mr. Bradbury reviewed the sprinkler law for residential and commercial properties in the Village. The proposed changes are a modification to the law. When properties are renovated, if more than 50% of the square footage of the structure is involved, then the owner must sprinkler the property. The state law requires that the addition only be sprinklered. If the amendment is approved by the Board it will also have to be approved by New York State. Mayor Feinstein noted that living and sleeping areas should be sprinklered. The prior Board had discussions regarding this portion of the Village Code. Mr. Beane noted that the New York State Building Code says that any building that predates 1984 is not covered by the State Building Code. The Valero gas station on the corner of Ridge and Bowman was built pre-1984 and there were no renovations. Therefore the Village's Code regarding sprinklering the building could not be applied. If they had done major renovation, then the area modified would require a sprinkler system. Mayor Feinstein called for questions or comments from members of the public. There being none, she called for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was closed. The roll was called: 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 for the resolution regarding sprinklers: 3) CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 212 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY SPRINKLERS Board of Trustees Meeting August 25,2009 Page 9 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 212 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SPRINKLERS WHEREAS, the Board of Trustees is considering amendments to Chapter 212 of the Code of the Village of Rye Brook regarding sprinklers; and WHEREAS, on August 11, 2009 the Board of Trustees opened a public hearing on the subject Local Law and continued on August 25, 2009, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on August 25, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 212 of the Code as proposed regarding parking violations. Mayor Feinstein made several changes to the proposed local law, which were minor. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, approved the resolution, as amended, The roll was called: Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE APPOINTMENT OF A POLICE OFFICER Board of Trustees Meeting August 25,2009 Page 10 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF POLICE OFFICER RESOLVED, that Marc E. Deslandes of 1 Oakridge Place, Apt 5A, Eastchester, New York, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York and the letter from the Village Administrator dated August 18, 2009; and be it FURTHER RESOLVED, that the annual salary is $45,117 with an effective start date to be determined. Chief Greg Austin noted that the resolution is a formality in order to move forward with the physical exam. Officer Deslandes will now complete his physical exam. He is hired off of the civil service list and has already been employed by two different police departments, with his most recent position being an investigator for AMTRAK. The Board welcomed Officer Deslandes who will be introduced at the next Board of Trustee Meeting. Mayor Feinstein noted that this appointment is a replacement position of an outgoing officer. The exiting officer is on disability. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. Burke called the roll: 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 August 25,2009 Page 11 5) CONSIDERING A VILLAGE CONTRIBUTION TO THE COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A VILLAGE CONTRIBUTION TO THE COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Parade Committee. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby requests that $800.00 be provided to the Columbus Day Parade Committee for its annual Columbus Day Parade; and it is FURTHER RESOLVED, that the Columbus Day Parade Committee may use Hawthorne Avenue on Sunday, October 11, 2009 (rain date October 18, 2009) for the Columbus Day Parade in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. It was noted that the amount that Rye Brook contributes was increased by $50.00 last year. Trustee Rosenberg noted that no representative from the Parade Committee was in attendance. He felt that when taxpayer monies are donated, a representative should be in attendance to accept the donation. Mr. Bradbury noted that the Committee was notified that this matter was on the agenda, but many people are away at this time. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting August 25,2009 Page 12 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 for item #6 on the agenda: 6) SETTING A PUBLIC HEARING TO CONSIDER THE DESIGNATION OF AN OFFICIAL MAP Mayor Feinstein noted that this resolution will set the public hearing. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A PROPOSED LOCAL LAW AMENDING THE ZONING MAP OF THE VILLAGE OF RYE BROOK WHEREAS, the Village of Rye Brook Board of Trustees is considering amending the Village Zoning Map to include Official Map information. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action, which is administrative in nature, to be a Type II action, thereby ending the SEQRA review process; and BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on September 22, 2009 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law amending the Zoning Map; and be it further RESOLVED, the notice of public hearing and the proposed local law shall be referred to the Westchester County Planning Department and all adjacent municipalities. Board of Trustees Meeting August 25,2009 Page 13 Trustee Santon felt that it might be pre-mature to set the public hearing. He volunteered to review the map with Village Staff, and then report back to the Board. Mr. Bradbury noted that the meeting is being set for the second meeting in September, which will allow for more time to complete the review. There are policy issues and some follow up issues that will be addressed with Village Consultants and Trustee Santon. A memo has been sent to the Village Board by the office of Keane & Beane that covers the legal issues. Streets, highways and parks should be laid out on the map. There is also a recommendation regarding what the map should be called. The official map will be an update version of the Zoning Map. The next big issue to discuss is what streets should be shown on the map and the legal language allowed. Mr. Beane noted that legal counsel's recommendation was to not include driveways. Trustee Santon asked that a disclaimer be added to the map regarding paper streets. Mr. Beane noted that if they are not on the map they are not streets Trustee Santon noted that there are a lot of private streets within the Village. He noted that the map should show the districts, including the scenic overlay district. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. The roll was called: 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) CONSIDERING THE COMPENSATION FOR NON-UNION PERSONNEL Mr. Bradbury read the following resolution: Revised 06/25/09 Board of Trustees Meeting August 25,2009 Page 14 RESOLUTION CONSIDERING COMPENSATION FOR NON-UNION PERSONNEL NOW THEREFORE BE IT RESOLVED, that the following compensation be provided to non-union personnel effective June 1, 2009: 06/01/09 Annual Title Salary Administrative Intern $50,103 Assistant to the Administrator $48,052 Asst. Building Inspector $80,242 Asst. Engineer/Acting Engineer $55,710 Building Inspector $99,752 Caretaker $36,426 Communications Services Coordinator $69,609 Coordinator—Senior Services $88,032 Deputy Treasurer $87,492 Inter. Acct. Clerk/Typist(Building) $46,053 Office Assistant(Automated Systems) (Police) $51,307 Police Chief $129,969 Police Lieutenant $114,064 Recreation Assistant('08) $38,855 Recreation Assistant(AJP) $41,687 Recreation Assistant(Rec. Office) $50,961 Recreation Leader $47,957 Secretary to Administrator $58,313 Sr. Office Asst. (Building) $47,900 Supt. of Recreation $85,792 Treasurer $101,424 Village Administrator/Clerk $159,796 AND BE IT FURTHER RESOLVED, that all non-union employees shall receive two additional floating Personal Days, to be taken on or before May 31, 2010 at an acceptable time approved by their Supervisor, and which shall not be carried over or cashed-in; and BE IT FURTHER RESOLVED, that all non-union employees be allowed to cash-in up to 50% of their vacation days, up to ten (10) days maximum, regardless of their current vacation day balance, provided they are cashed-in one time between the date of this resolution and May 31, 2010. It is further noted that for eligible employees, one year must elapse Board of Trustees Meeting August 25,2009 Page 15 between the date these days are taken and the next eligible day to cash-in vacation days; and BE IT FURTHER RESOLVED, that Angelina Storino shall be provided with a stipend of$250 per month for consideration of services provided in the absence of a Coordinator of Senior Services. Mayor Feinstein noted that the increases were on the low side. This was a very tough decision keeping in mind the current economic status. She noted that many of the Village's employees are at the lower end of the pay range. Trustee Santon noted that all Village employees are valued; both union and non-union. This is a small Village, but it is a service oriented Village. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. The roll was called: Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that the Harkness Tennis Courts were nearing completion. The contractor expects to have everything finished, and ready for use, by the end of the week. It was noted that the Arbors PUD submission has been made to the Village and will be addressed at the next meeting. Mr. Bradbury stated that he has been researching the possibility of Rye Brook obtaining its own zip code. Information has been supplied to the Board, and the leaps and bounds have been reviewed. The Post Office is sending a representative to meet with the Village to further discuss this issue. Board of Trustees Meeting August 25,2009 Page 16 Mr. Bradbury noted that recently there was a lot of rain in a very short period of time. There have been some very intense storms, which have caused flooding in the Village, especially over the past weekend. The storm water runoff exceeded the capacity of the sewer system. There were some homes that had sewage back up into their homes, along with the flooding. The fire department was out helping out where they could. It was noted that the Village received 20 calls for assistance, but there were other homes that experienced flooding because of the excess rain fall. The flooding was spread out throughout the Village. A portion of Pine Ridge Road buckled from the water. Mr. Bradbury noted that a truck hit an overpass on the Hutch over the weekend. The County came in to assist the Village. The State Department of Transportation (DOT) needs to do something here. Chief Gregory Austin noted that since August of 2008 there were 13 incidents; with six of them occurring in 2009. There were other instances of trucks stopping prior to hitting the bridge, that then needed assistance backing off the Hutch. Better signage needs to be put in place. The positioning of the signs is extremely important. Mr. Bradbury announced that a new director has been appointed for the DOT. Mayor Feinstein noted that the Village has met with the new director regarding the King Street interchange. Gregory Austin, Police Chief, noted that a meeting was held at Blind Brook High School earlier in the day regarding the D.A.R.E. program. It was a very productive meeting and it is a very promising program. It was felt that this program can be worked into the schedule and will run for 10 weeks (10 sessions). There will be two D.A.R.E. officers in the department. This will be a great benefit to the school district. Mayor Feinstein noted that this program is in the infancy stage. The costs are being reviewed. In the past, New York State did absorb some of the costs for the D.A.R.E. Program which they no longer do. Chief Austin addressed the drug fee zone. The zone includes school districts, playgrounds, and areas surrounding child care facilities. No signs need to be posted in order for charges to be pressed within a drug free district. Trustee Santon questioned whether or not the Port Chester School District would also be starting up a D.A.R.E. program. This issue will be reviewed. Board of Trustees Meeting August 25,2009 Page 17 OLD BUSINESS: 1) PROPOSED EDGEWOOD DRIVE DETENTION BASIN The bids are in and the lowest bid was $833,000.00. Dolph Rotfeld, Village Consultant, is reviewing the bids. He has instructed the staff to go back and see if there were alternative funding sources. Mr. Bradbury noted that there is no magic funding sources, however, there are some grant opportunities. Nita Lowey's office has been working with Rye Brook, but the Village has learned that there is no additional funding available. The bids will be reviewed again, in an attempt to lower the costs by modifying the contract. It was recommended that Mr. Rotfeld and Mr. Bradbury meet with the lower bid to discuss what items could be eliminated or modified to lower the costs. On suggestion was that the rock excavation item be removed, thus lowering the bid by $100,000.00. Additional information regarding the efficiency of the basin without the rock removal would be requested. Mayor Feinstein recommended continued discussion of this item at the September 8t" meeting, and Mr. Rotfeld would be available to respond to questions from the Board and members of the public. Trustee Santon suggested that the Village use the $33,000 earmarked for shade trees for this project. He also suggested reviewing the height of the proposed fencing, and fencing in general. 2) UPDATE ON HOUSING SETTLEMENT Mr. Bradbury gave update on this issue. He noted that his office would be sharing information as it comes available; posting it on the Village's website. Mayor Feinstein noted that the Village will be proactive, and it has already expressed a preliminary interest in fair housing. Mr. Bradbury would continue to follow up on this issue. Trustee Santon stated that the Village must look at properties available and consider them for affordable housing. He noted that there is an abuse of housing within the Village. He felt that looking to construct safe, affordable housing is the right direction to take. Board of Trustees Meeting August 25,2009 Page 18 Mr. Bradbury noted that the County will give additional funds that the developers needs in order to construct affordable housing. Trustee Santon asked that the Board think about changing zoning to make it possible for this type of housing to be constructed in certain areas within the Village. Mr. Bradbury stated that he would continue to look into what type of funding is available for these types of projects. Mayor Feinstein called for the first discussion item on the agenda: DISCUSSION ITEMS: l) PROCESSING OF LAND USE APPLICATIONS BEFORE PLANNING BOARD AND ZONING BOARD OF APPEALS Trustee Santon addressed his concerns in this area, starting with the fact that Village staff is pulled in many directions. He noted that some applications are spending multiple months going back and forth between Boards. Sometimes it takes many, many months, and then it is discovered by fundamental issues have been missed. Rye Brook needs to find a way to move applications along. The process is costing the applications money. He felt that all applications should be triaged better because it doesn't do anyone any good if the applications are getting to the Planning or Zoning Board when they are incomplete. The process must be improved. Mayor Feinstein noted that the applicant's professional are sometimes responsible for the applications lingering. Some applications move forward very quickly. Some of the applications do not have the proper information, and take much longer. The Village staff works very hard to educate the residents. The Village has very responsible and competent Planning Board and Zoning Board members. Mr. Bradbury noted that in general the staff does a very good job working with the developers, the applicants, and their professionals. Reviews are done very timely. Staff learns from each application on how to make the process better. There is a lot of hand-holding, meetings, and instruction given to the applicants. It was noted that there are pre-meetings held on applications and Trustee Santon felt that the Chairman of the Planning Board should not be part of Board of Trustees Meeting August 25,2009 Page 19 these meetings. Mr. Bradbury noted that procedural issues, which do not involve the applicant, are discussed. There are check lists provided to the applicants. Trustee Rosenberg noted that focus memos were discussed about ten months ago. The memos seem to layout the issues. The staff will be summarizing and framing some of the issues. He felt that all applicants should be required to make a presentation on their application. It is on the record and then understood by everyone involved. This should be the practice of the Planning and Zoning Board as well. Mr. Bradbury noted that the Planning Board requires that a presentation is made for every application. Mayor Feinstein felt it was unfair to chastise the Chairman of the Planning Board because one presentation was brief. The focus memos were drafted with consultation from the Village's staff. Trustee Santon felt that these memos should be available to the public. Mayor Feinstein called for the final item under Discussion Items: 2) PROPOSED LEGISLATION REGARDING HEIGHT OF BUILDING/STORIES Trustee Santon noted that when applications are reviewed and processed, we learn from them. The application of 37 Hillandale resulted in a three- story addition. There is a mathematical process of presenting grading calculations to determine whether the height of the building is below the threshold. There is a way of determining whether or not the basement is considered a story. The Board should review the Village's Code regarding the amount of exposed foundation that dictates whether or not an extra story is being created. The Building Inspector is able to make this determination. Mr. Bradbury concurred, and noted that the Building Inspector has discussed this matter with him. He noted that he would present the Board with recommendations at the next meeting. Mayor called for questions and/or comments from members of the public. Board of Trustees Meeting August 25,2009 Page 20 Mr. Don Moscato addressed the Board. He noted that his was one of the homes that flooded during the recent storms. He had to have sewage vacuumed out. He prepared a video of the flooding which was presented to the Board. He suggested that the Village's Consultant view the tape. The storm came fast and furious, and the sewers were bubbling and overflowing with sewage. Mr. Bradbury accepted the video for review. Mr. Moscato noted that the tapes were made after the rain had stopped. Mr. Bradbury noted that it was not a huge storm, but it was intense. Additional testing and research is being done and the Village is trying to find out where the problems are. This is a contamination issue. Mr. Abel addressed the Board. He noted that Rye Brook has residents that attend the Port Chester schools. He felt that the D.A.R.E. program should be included in all schools and that there should not be a division along school lines for this program. Mayor Feinstein noted that the next Board of Trustees Meetings were scheduled for September 8 and September 22, 2009. There being no further business before the Board, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the meeting was adjourned at 10:15 p.m. Board of Trustees Meeting August 25,2009 Page 21