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HomeMy WebLinkAbout2008-02-05 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, FEBRUARY 5, 2008 7:00 PM— STATE OF THE VILLAGE ADDRESS ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: (1) Public Hearing for a local law amending Chapter 235 of the Village of Rye Brook Village Code regarding Significant Trees RESOLUTIONS: (1) Considering a proposed local law amending Chapter 235 of the Village of Rye Brook Village Code regarding Significant Trees (2) Referral of Application for Special Permit/Tier II Home Occupation, 26 Brook Lane (3) Setting a Public Hearing and referring a proposed site plan amendment to the Village Planning Board for report and recommendation (4) Considering the authorization of funds for the 2008 Independence Day Celebration to be paid to the Port Chester—Rye Brook—Town of Rye Independence Day Committee (5) Considering the approval of an agreement between the Village of Rye Brook and the County of Westchester for the purchase of a senior bus (6) Transfer of additional funds for the Senior Bus (7) Appointing Inspectors of Election Village of Rye Brook—March 18, 2008 (8) Considering the adoption of a Comprehensive Financial Policy Document ADMINISTRATOR'S REPORT: BOARD OF TRUSTEE MINUTES 1 OF 15 FEBRUARY 5, 2008 OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: (1) Review of building permit fees ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS February 26 and March 11, 2008 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders-Romano Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Mayor Rand asked Mayor Logan to lead us in the Pledge of Allegiance. Mayor Rand read and presented Mr. and Mrs. Harris with a proclamation for 60 years of marriage and many many years of service to the community as well. Mr. and Mrs. Harris thanked the Board for the honor and also thanked the Board members for their service to the community as well. Mayor Rand asked Mr. Rogowsky to address the Board and give an update on County issues. Mr. Rogowsky thanked the Mayor for an outstanding State of the Village address and also congratulated the Harris'. Mayor Rand excused himself from the remainder of the meeting due to not feeling well. BOARD OF TRUSTEE MINUTES 2 OF 15 FEBRUARY 5, 2008 Mr. Rogowsky stated that there would be a 2.5% increase in the County tax this year but that the sewer tax would remain the same as last year. He explained that pilot projects are looking for technology that will work but the news is not good. To fund the projects would double the sewer tax for this area and that is not acceptable. Trustee Feinstein thanked Mr. Rogowsky for coming this evening and his hard work and diligence regarding this issue. Trustee Feinstein asked with the permission of the Board to move to Resolution#4 on the agenda regarding the Independence Day Celebration. RESOLUTIONS (4) Considering the authorization of funds for the 2008 Independence Day Celebration to be paid to the Port Chester—Rye Brook—Town of Rye Independence Day Committee Mr. Bradbury, Village Administrator, read the proposed resolution. CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2008 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 2008 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. 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 2008 Independence Day Celebration. TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT BOARD OF TRUSTEE MINUTES 3 OF 15 FEBRUARY 5, 2008 Trustee Feinstein asked for a motion to accept and a motion was made by Trustee Rosenberg and seconded by Trustee Romano. Mayor Logan addressed the Board and explained that there is a need for an increase in the contributions for this year's celebration noting that last year donations were down and a member of the community had to advance $10,000 to cover expenses. He explained that Gucci Fireworks is the best but that the minimum display is $20,000 so he is asking the communities involved to contribute an additional $7,000. The Town of Rye has agreed to increase their contribution and he believes Port Chester will as well. Trustee Feinstein asked if the past contributions from the communities were equal and Mayor Logan responded that up until last year they were. He added that they do receive donations from the public but they cannot count on them and don't want to be put in a bad position again this year. Trustee Feinstein suggested that the Board agree tonight to increase their contribution to $3500 and will discuss possibly doing more. Trustee Feinstein asked Mr. Burke to call the roll: TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Motion carried Trustee Feinstein called for the first item on the agenda: PUBLIC HEARING (1) Public Hearing for a local law amending Chapter 235 of the Village of Rye Brook Village Code regarding Significant Trees Trustee Feinstein asked for a motion to open the public hearing and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Mr. Bradbury explained the change involved is if the applicant has a site plan application in then they would not have to go before the Environmental Council as well. Trustee Rosenberg asked about the quorum required for a vote and what the thought was. Mr. Beane, Village Attorney, responded that it was not meant to make it more BOARD OF TRUSTEE MINUTES 4 OF 15 FEBRUARY 5, 2008 restrictive...an application could pass 2 to 1 so you would need just 3 votes. By doing this, it becomes consistent with all the other Boards. Trustee Romano asked about why the dollar amount of the fee is spelled out in the Resolution and Mr. Bradbury explained that it is not going to be in the law; the second resolve clause establishes the fee. The fee scheduled is always amended by resolution. Trustee Feinstein asked if there was anyone from the Public who would like to speak regarding this proposed change. Mr. Dean Santon, Hillandale Road, suggested it might be helpful if the Board explained what a significant tree is and further explain the quorum requirement. He understood that you needed a 3-0 to vote. He also suggested that the application process needed to be streamlined to make it easier for the applicant. Trustee Feinstein explained that it is by a majority of the attending quorum. Mr. Santon thinks that the application process needs to be streamlined so that they do not have to go to multiple boards. His concern is that the Planning Board does not really embrace trees and very little care is given to tree removal, in his opinion. He would like the Board to keep the review by the Environmental Council because they have tree preservation near and dear to their hearts and believes they are an important part of the process. Mr. Beane stated that is a Planning Board issue and this is not the place for it. Mr. Bradbury added that this is a brand new law and there is a regular tree removal process and this is strictly for significant tree removal. The idea here is that if it is going through a site plan process already, maybe the need to go before the Environmental Council is not necessary. Mr. Santon does not agree and thinks that there needs to be checks and balances. Mr. Bradbury agreed that there could be multiple avenues of referral and it could be done by the Planning Board or legislated in a law change. With no further comments from the public or the Board, Trustee Feinstein called for a motion to close the Public Hearing and on a motion made by Trustee Rosenberg and seconded by Trustee Romano, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Motion carried BOARD OF TRUSTEE MINUTES 5 OF 15 FEBRUARY 5, 2008 Mr. Bradbury, Village Administrator, read the resolution: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNIFICANT TREES WHEREAS, the Board of Trustees are considering amendments to Chapter 235, Sections 21 and 14 of the Village Code regarding Significant Trees and Appeals Procedure. WHEREAS, on February 5, 2008 the Board of Trustees opened a public hearing on the subject Local Law, 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 February 5, 2008 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 235 of the Code as proposed concerning the appeals process. BE IT FURTHER RESOLVED, the Board of Trustees authorizes amending the Village of Rye Brook's license and fee schedule to include a fee called "Tree Restoration." The fee will be $125 per tree to address Section 235-18(A)(2). Trustee Feinstein asked for a motion to approve the resolution as read and on a motion made by Trustee Romano and seconded by Trustee Brown, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Motion carried Deputy Mayor Feinstein called for the next item on the agenda: (2) Referral of Application for Special Permit/Tier II Home Occupation, 26 Brook Lane BOARD OF TRUSTEE MINUTES 6 OF 15 FEBRUARY 5, 2008 Mr. Bradbury, Village Administrator, read the proposed resolution: RESOLUTION REFERRAL OF APPLICATION FOR SPECIAL PERMIT/TIER II HOME OCCUPATION, 26 BROOK LANE WHEREAS, the owner of 26 Brook Lane applied for a Tier 11 Home Occupation Permit; and WHEREAS, under Village Code 250-38(F) all Tier II Home Occupations are considered special use and subject to approval by the Board of Trustees following a referral to the Planning Board. NOW THEREFORE BE IT RESOLVED, in accordance with Village Code 250-6H(c) the Board of Trustees hereby refers this application to the Village Planning Board for report and recommendation. Trustee Feinstein asked for a motion on the resolution and a motion was made by Trustee Romano and seconded by Trustee Brown. Mr. Bradbury explained that the applicant had gone through some changes on the property and has been before the Zoning Board and the application was approved. During the home occupation process, it was thought the Building Inspector could issue the permit but it requires Board of Trustee approval after referral to the Planning Board. This is only for the home occupation use part of the application. This is a homeowner Tier II home occupation and it is for video tape editing. Trustee Feinstein recognized the applicant/owner in the audience and asked them to address the Board. Mr. Burack addressed the Board and stated that he edits sports videos — 50% for TV shows and the other half for local customers such as schools etc. Trustee Feinstein stated that they would be sending this application to the Planning Board for review and added that she believes that the Tier II Home occupation permit process should be looked at further for inconsistencies and that we need to clean it up for the future and look at the number of Tier II employees that work part time...something to think about for the future. Trustee Rosenberg asked how they could legislate a sign, even a temporary sign. The applicant stated that the sign is about a I foot by 2 foot sign on the door so the customer knows what doorbell to ring. BOARD OF TRUSTEE MINUTES 7 OF 15 FEBRUARY 5, 2008 Trustee Romano agreed that this whole Tier II issue does need to be looked at more extensively in a different venue. Deputy Mayor Feinstein asked Mr. Burke to call the roll: TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Motion carried Deputy Mayor Feinstein explained to the applicant that this will now be referred to the Planning Board and will more than likely be on the agenda for the meeting of February 28th. The Planning Board will review it and refer it back to this Board with their recommendation. Deputy Mayor Feinstein called for the next item on the agenda: (3) Setting a Public Hearing and referring a proposed site plan amendment to the Village Planning Board for report and recommendation Mr. Bradbury read the resolution into the minutes setting the Public Hearing SETTING A PUBLIC HEARING AND REFERRING A PROPOSED SITE PLAN AMENDMENT TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Reckson has submitted a proposed site plan amendment for modifications to the common areas at International Drive; and WHEREAS, the Board of Trustees has final site plan authority pursuant to § 209-1(A)(1). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 25, 2008 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the proposed site plan amendment; and BOARD OF TRUSTEE MINUTES 8 OF 15 FEBRUARY 5, 2008 BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the proposed site plan amendment to the Planning Board for report and recommendation. Deputy Mayor Feinstein asked for a motion on the resolution as read and a motion was made by Trustee Romano and seconded by Trustee Brown. Mr. Dan Richman, Attorney for Reckson, addressed the Board and explained that this is a minor roadway configuration in the office park. It is relatively straight forward application. Trustee Rosenberg stated that this is work that has already been done —basically it is for work that was done without Village approval. Mr. Richman stated that was correct and it is here for legalization. Trustee Romano added that this is the second time that Reckson has come before this Board to legalize something that was done without Village approval. Trustee Feinstein explained that this is a new owner and realized it may have been a transition problem but asked Mr. Richman to relay to his client that they need to be more aware of the Village codes and avoid this problem in the future. Trustee Feinstein asked Mr. Burke to call the roll: TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Trustee Feinstein stated that the Public Hearing will be held on the 25th Trustee Feinstein called for the next item on the agenda: (5) Considering the approval of an agreement between the Village of Rye Brook and the County of Westchester for the purchase of a senior bus Mr. Bradbury, Village Administrator, read the resolution BOARD OF TRUSTEE MINUTES 9 OF 15 FEBRUARY 5, 2008 CONSIDERING THE APPROVAL OF AN AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE COUNTY OF WESTCHESTER FOR THE PURCHASE OF A SENIOR BUS WHEREAS, The Village of Rye Brook has received a Community Development Block Grant (CDBG) with the County of Westchester for the purchase of a senior bus, through which the Village will receive from the County of Westchester the sum of Forty- Nine Thousand and No/100 Dollars ($49,000.00) toward the total cost of Seventy-Five Thousand Three Hundred Six Dollars and No/100 ($75,376) for this purchase; and WHEREAS, the County of Westchester requires an Inter-Municipal Agreement to accept the CDBG funding. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into an Inter-municipal Agreement with the County of Westchester for the aforementioned senior bus; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign all necessary documents to implement the Inter-municipal Agreement. Trustee Feinstein asked for a motion on the resolution and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Trustee Feinstein explained that we received a $49,000 grant from the county and the Village is adding $25,000. This purchase was made possible with help from Mr. Rogowsky. Trustee Feinstein asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND ABSENT Motion carried Trustee Feinstein called for the next item on the agenda: (6) Transfer of additional funds for the Senior Bus Mr. Bradbury read the resolution into the minutes: BOARD OF TRUSTEE MINUTES 10 OF 15 FEBRUARY 5, 2008 TRANSFER OF ADDITIONAL FUNDS FOR THE SENIOR BUS WHEREAS, the Village of Rye Brook desires to purchase a new seniors bus in the amount of$75, 376; and WHEREAS, the Village is scheduled to receive $49,000 from Westchester County for this seniors bus through the Community Development Block Grant (CDBG) program; and WHEREAS, the 2007-08 Village Budget included an additional $16,000 of Village funds toward the anticipated cost of the senior's bus, leaving a balance of $10,376 needed to fund the total cost of the senior's bus. NOW BE IT RESOLVED, that the following budget modification be hereby approved for the additional funds necessary to purchase a new seniors bus: FROM TO AMOUNT 101.1990.424 101.9950.900 $ 10,376 (Contingency) (Inter-fund Transfer) Trustee Feinstein called for a motion on the resolution and on a motion made by Trustee Romano and seconded by Trustee Rosenberg, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Motion carried Trustee Feinstein called for the next item on the agenda (7) Appointing Inspectors of Election Village of Rye Brook—March 18, 2008 Mr. Bradbury read the resolution into the minutes: RESOLUTION APPOINTING INSPECTORS OF ELECTION VILLAGE OF RYE BROOK—MARCH 18, 2008 BOARD OF TRUSTEE MINUTES 11 OF 15 FEBRUARY 5, 2008 RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be a minimum of two (2) inspectors of Election for each Election District in the Village Election to be held on Tuesday, March 18, 2008 from 7:00 a.m. to 9:00 p.m.; and be it further resolved that the Village Clerk may adjust the locations of the appointed list of inspectors in the event there are vacancies. FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed with the daily compensation for Chairpersons being $192 and for Inspectors being $160. #20 Mary Haeger, Chair 56 C Avon Circle PCMS #20 Marie D'Ambrosio 56 Avon Circle, Apt. D PCMS #20 Naomi Starr 9A Bowman Avenue PCMS #21 Barbara Celestino, Chair 325 Ding Street PCMS Port Chester #21 Barbara Gerardi 6 Monroe Place PCMS Port Chester #21 Kay Labella 473 Westchester Avenue PCMS Port Chester #22 Pat Wagner, Chair 8 Woodland Avenue BBHS #22 John Flanagan, Sr. 70 Betsy Brown Circle BBHS #22 Barbara Nardi 10 Woodland Avenue BBHS #23 Angela Lyons, Chair 2B Avon Circle RSS #23 Mary Donoghue 7 Maywood Avenue RSS #23 Evelyn Budries 492 Franklin Street RSS #26 Mildred DiSanto, Chair 151 North Ridge Street PCHS #26 Jean Mendicino 81 Hillcrest Avenuet PCHS #26 Sonia Briganti 54 North Ridge Street PCHS #27 Gene Reich, Chair I I Winthrop Drive RSS #27 Belle Harris 12 Rock Ridge Drive RSS #27 Rita Bergman 387 North Ridge Street RSS #29 Judy Uhry, Chair 19 Rock Ridge Drive RSS #29 Mary Summa 50 North Ridge Street RSS BOARD OF TRUSTEE MINUTES 12 OF 15 FEBRUARY 5, 2008 #29 Marion Aicher 17 Rock Ridge Drive RSS #30 Linda Fricke, Chair 108 Old Orchard Road BBHS #30 Peter Brancucci 240 Treetop Crescent BBHS #30 Mindy Aronowitz 1626 Mamaroneck Avenue BBHS Mamaroneck #31 Josephine Campagna, Chair 45 High Point Circle BelleFair #31 Norma Muto 14 BelleFair Blvd. BelleFair #31 Chris Dunigan 6 High Point Circle BelleFair Trustee Feinstein called for a motion on the resolution and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Deputy Mayor Feinstein thanked the election inspectors for their diligence and hard work. Mr. Bradbury explained that it is a little difficult to find inspectors and that is why there are some people on the resolution from outside Rye Brook. TRUSTEE BROWN AYE TRUSTEE FEINSTEIN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE MAYOR RAND ABSENT Motion carries Trustee Feinstein called for the next item on the agenda: (8) Considering the adoption of a Comprehensive Financial Policy Document Mr. Bradbury, Village Administrator, read the resolution RESOLUTION CONSIDERING THE ADOPTION OF A COMPREHENSIVE FINANCIAL POLICY DOCUMENT WHEREAS, the Village desires to implement a comprehensive financial policy document that incorporates existing written and procedural financial policies, modified financial policies, and additional financial policies to further improve the internal financial control policies and procedures for the Village. BOARD OF TRUSTEE MINUTES 13 OF 15 FEBRUARY 5, 2008 NOW THEREFORE BE IT RESOLVED, the Village Board hereby adopts the Comprehensive Financial Policy Document last revised on January 30, 2008 for the Village of Rye Brook. Trustee Feinstein asked for a motion and a motion was made by Trustee Romano and seconded by Trustee Brown. With agreement from the Board, Trustee Feinstein recommended that this be referred to the Financial Advisory Committee for review and recommendations. The Resolution will be put on hold until the Financial Advisory Committee has a chance to review the document. Deputy Mayor Feinstein thanked everyone involved in putting the Comprehensive Financial Policy Document noting that it takes a lot of work and hours to complete. ADMINISTRATOR'S REPORT Mr. Bradbury reminded everyone that there will be a Reverse 911 message being sent out to the residents regarding the Public meeting being held at Village Hall by the County regarding the Ridge Street project. He added that this project is a significant project and also a much needed project and it is to hear from public of any concerns. Mr. Bradbury advised that the Village has submitted two applications to Nita Lowey's office for grant money. The projects are a resubmittal of the Hidden Falls project and also the Oriole Place drainage improvement project. DISCUSSION ITEM Trustee Rosenberg has requested a review of building permit fees. Trustee Rosenberg explained that he has looked at how the Village charges permit fees — applicants are charged $12.00 per $1,000 of their estimated cost. There are some houses that have put down artificially low estimations on their building department applications. When it comes time to get the Certificate of Occupancy, they are asked to pay what the actual cost is but they are never asked to prove what it really costs and we are basically taking their word. The taxpayers are being shorted and he believes that for new construction or major tear downs — the homeowner should really pay the permit fee for what the actual costs are. Trustee Feinstein agreed and suggested that maybe we look at surrounding communities and see how they determine their fees. Mr. Bradbury explained that other communities are experiencing the same problems but he would be happy to do some research. Trustee Rosenberg feels that surveying other Villages is the best way to look at this issue and then the Village can see if there is a different fee structure or other way for us to do it so that everyone pays their fair share. BOARD OF TRUSTEE MINUTES 14 OF 15 FEBRUARY 5, 2008 Trustee Feinstein asked for a motion to adjourn and on a motion made by Trustee Rosenberg and seconded by Trustee Romano, the meeting was adjourned. BOARD OF TRUSTEE MINUTES 15 OF 15 FEBRUARY 5, 2008