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HomeMy WebLinkAbout2008-03-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 25, 2008-7:30 P.M. AGENDA 7:00 PM–Executive Session–Rye City Litigation; Appointments to Boards and Committees ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS: (1) Public Hearing on a proposed site plan amendment by Reckson to the common areas at International Drive RESOLUTIONS: (1) Considering a proposed site plan amendment by Reckson to the common areas at International Drive (2) Considering a date change for the Westchester "Toughman" Half Ironman Triathlon (3) Overview of the 2008-2009 Tentative Budget and setting a public hearing for April 8, 2008 (4) Budget Modification (5) Adopting local adjustments for Homestead and Non-Homestead base proportions (6) Considering the rescheduling of the April 22, 2008 Board of Trustees meeting Board of Trustees Meeting March 25,2008 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS (1) Alternate recommendations of the Planning Board regarding Home Occupation legislation NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: April 8 and April 22, 2008 Mayor Lawrence Rand welcomed everyone to the Regular Meeting of the Board of Trustees. He called upon his wife, Professor Rand, to lead the Board in the Pledge of Allegiance at his last meeting as the Mayor of Rye Brook. Dr. Richard Buzin addressed the Board. He reviewed the accomplishments of Mayor Rand, his effective recruitment tactics, and his other areas of service to the Village. Dr. Buzin thanked him for his hard work. Mayor Rand thanked Dr. Buzin for his kind words. Mayor Rand noted that there was a fairly active agenda before the Board. He called upon the first matter: PUBLIC HEARINGS: (1) PUBLIC HEARING ON A PROPOSED SITE PLAN AMENDMENT BY RECKSON TO THE COMMON AREAS AT INTERNATIONAL DRIVE It was noted that this matter was before the Planning Board and Reckson received a positive recommendation. Mayor Rand noted that proposed changes were to the internal driveway and common areas. He asked who owns Reckson Executive Park. The Vice President of Board of Trustees Meeting March 25,2008 Page 2 Development with Reckson Associates responded, noting that in 2006 Reckson was fully acquired by another firm, S.L. Green. Trustee Paul Rosenberg asked that the applicant give a little background for the public's benefit. It was noted that the driveway was being changed, and a walkway was proposed to be constructed around the driveway. Some trees will be relocated. Mayor Rand called for members of the public wishing to address this matter. As there was no one, and no comments or questions from the Board, he called for a motion to close the public hearing. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Joan Feinstein, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: RESOLUTION 1) CONSIDERING A PROPOSED SITE PLAN AMENDMENT BY RECKSON TO THE COMMON AREAS AT INTERNATIONAL DRIVE Mr. Bradbury read the resolution: Board of Trustees Meeting March 25,2008 Page 3 RESOLUTION CONSIDERING A PROPOSED SITE PLAN AMENDMENT BY RECKSON TO THE COMMON AREAS AT INTERNATIONAL DRIVE WHEREAS, Reckson has submitted a proposed site plan amendment for modifications to the common areas at International Drive; WHEREAS, the Board of Trustees has final site plan authority pursuant to § 209-1(A)(1); WHEREAS, the Village of Rye Brook Board of Trustees, as approval authority for the application, referred the application to amend the approved site plan to the Planning Board for review and recommendation; and WHEREAS, the Planning Board reviewed the application to amend the approved site plan during meetings held February 28, 2008 and March 13, 2008 and provided comments and recommendations to the Board of Trustees; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, determines the proposed action to be Type II, requiring no further review pursuant to the requirements of SEQRA; and WHEREAS, on March 25, 2008 the Board of Trustees opened a public hearing on the subject site plan application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said site plan application and the public hearing was closed on March 25, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the proposed site plan amendment with the following condition: Board of Trustees Meeting March 25,2008 Page 4 The Applicant shall immediately replace all trees, including existing trees transplanted to different locations on the site if they do not establish and/or thrive after transplanting or planting. Trustee Rosenberg questioned who would monitor the replacement trees. The response was that if the trees fail they will be replaced. It was noted that a report regarding the health of the trees will be submitted shortly. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Paul Rosenberg, the resolution was adopted. Mr. Burke was called upon to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second resolution on the agenda: 2) CONSIDERING A DATE CHANGE FOR THE WESTCHESTER "TOUGHMAN" HALF IRONMAN TRIATHLON Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A DATE CHANGE FOR THE WESTCHESTER"TOUGHMAN" HALF IRONMAN TRIATHLON WHEREAS, on January 22, 2008 the Board of Trustees for the Village of Rye Brook authorized the use of Village streets for the Westchester Ironman "Toughman" Half Triathlon for September 7, 2008; and Board of Trustees Meeting March 25,2008 Page 5 WHEREAS, the applicant has requested a date change for the event to October 5, 2008. NOW THEREFORE BE IT RESOLVED, the that the Westchester "Toughman" Half Ironman Triathlon is authorized to use Village of Rye Brook streets for the I" annual Westchester Toughman Half Ironman Triathlon on Sunday, October 5, 2008 from lam to 3pm; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. Mayor Rand called upon Dr. Richard Izzo to give a brief presentation. Dr. Izzo thanked the Board for their support. He noted that this matter is now before the Rye City Council for approval of the use of Playland and Oakland Beach Park. There was another event scheduled around the same time, and the decision was made to change the date so that there would not be a conflict. Dr. Izzo noted that the proceeds from the race will be going to the EMS. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 3) OVERVIEW OF THE 2008-2009 TENTATIVE BUDGET AND SETTING A PUBLIC HEARING FOR APRIL 8, 2008 Mr. Bradbury read the following resolution: Board of Trustees Meeting March 25,2008 Page 6 RESOLUTION OVERVIEW OF THE 2008-2009 TENTATIVE BUDGET AND SETTING A PUBLIC HEARING FOR APRIL 8, 2008 RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 8, 2008 at 7:30 p.m. at Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2008-2009 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 noted that the tentative budget is available on the Village's website for review by anyone who is interested. He also pointed out that this is a solid budget. Mr. Bradbury reviewed the budget for the Board and members of the public. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. Mayor Rand noted that this budget is a very strong budget. Services to the Village and personnel have been increased, and this has been accomplished while the tax levy increase was modest. Prior to the April 8t' public hearing a work session will be held. The Board thanked Mr. Bradbury and staff for all of their hard work. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 25,2008 Page 7 4) BUDGET MODIFICATION Mr. Bradbury read the following resolution: RESOLUTION BUDGET MODIFICATION RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.7000.510 101.2200.302 $ 9,612 (Estimated Revenue) (Grant Revenue) 101.7000.552 101.3120.444 9,612 (Appropriation Expense) (Police Dept. — Electronics) On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 5) ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON- HOMESTEAD BASE PROPORTIONS Mr. Bradbury read the following resolution: Board of Trustees Meeting March 25,2008 Page 8 RESOLUTION 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 WHEREAS, the Board of Trustees of the Villages 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 2008-2009 Village tax; NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2008-09 village tax, Homestead base proportions of 74.143720% and Non-Homestead base proportions of 25.856280%. 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. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 25,2008 Page 9 6) CONSIDERING THE RESCHEDULING OF THE APRIL 22, 2008 BOARD OF TRUSTEES MEETING. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE RESCHEDULING OF THE APRIL 22, 2008 BOARD OF TRUSTEES MEETING NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby cancels the Board of Trustees meeting that was scheduled for April 22, 2008; and be further RESOLVED, that the Board of Trustees hereby reschedules the meeting for April 29, 2008; and BE IT FURTHER RESOLVED, that the Board of Trustees Public Hearing regarding a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding Tier II home occupations shall also be rescheduled to April 29, 2008. It was noted that only three members of the Board would be able to attend the April 22nd meeting, therefore the decision to cancel the meeting was made with the consensus of the Board. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution as adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 25,2008 Page 10 Mayor Rand noted that there were two additional resolutions added to this evening's agenda. He pointed out that this was the time of year that individuals are appointed to Boards and Commissions. With the consensus of the Board, Mr. Bradbury was asked to address the two resolutions. 7) SETTING A PUBLIC HEARING ON A LOCAL LAW INCREASING THE MEMBERSHIP OF THE ADVISORY COUNCIL ON PARKS AND RECREATION FROM SEVEN (7) TO NINE (9) MEMBERS. Mr. Bradbury noted that this public hearing would be set for April 8, 2008. Mayor Rand noted that the membership of the Advisory Counsel has been reduced and expanded over the years. Trustee Rosenberg agreed and he noted that this is a very popular board. There have been a good number of people volunteering for this board. The goal was to not lose the experienced members of the board, but to give other residents the opportunity to serve on this board. Therefore the decision was to increase the number of members on this board. It was noted that a number of years ago the board went from nine (9) members to seven (7), and now the Village is contemplating returning to the membership back to nine (9) members. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the public hearing was set. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 8) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO REDUCE THE MEMBERSHIP OF THE TRAFFIC COMMISSION FROM NINE (9) MEMBERS TO SEVEN (7) MEMBERS. Mr. Bradbury stated that the public hearing would be set for April 8ffi. Mayor Rand noted that this is also a very hard working board. Board of Trustees Meeting March 25,2008 Page 11 On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the Administrator's Report: ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that the Village now had the ability to accept payment for recreation programs via credit card. This program has been a great success and residents began using it right away. To date there have been a total of 480 transactions, and about 59% were paid via credit card. Mr. Bradbury noted that LISWIC is very active. They continue to draft legislation for storm water retention. This is a good goal. It was noted that Rye Brook meets with Greenwich about every six weeks. This Task Force has expanded and the traffic conditions on King Street continue to be discussed. Also discussed over the years are issues such as pedestrian crossings, a traffic circle, a traffic light, and the intersection at Anderson Hill Road. OLD BUSINESS: 1) ALTERNATE RECOMMENDATIONS OF THE PLANNING BOARD REGARDING HOME OCCUPATION LEGISLATION Mr. Bradbury noted that this matter was referred to the Planning Board. The Planning Board reviewed the local law regarding Home Occupations and decided at their March 13th meeting that the approval of Tier I and 11 Board of Trustees Meeting March 25,2008 Page 12 home occupations should remain with the Building Inspector, while Tier III should be referred to the Board of Trustees. Gary Zuckerman, Chairman of the Planning Board, addressed the Board of Trustees. He began by thanking Mayor Rand for his years of service to the Village of Rye Brook. He noted that the Planning Board has recommended that all Special Use Permits be referred to the Board of Trustees for approval. The Planning Board reviewed a Tier II application wherein the application was subject to complete site plan review under section 209 of the Village's Code even though no construction work was proposed. The decision was to remove Tier II out of that section, leaving only Tier III. Trustee Feinstein made a request that this matter be placed on the agenda for the April 29th Board of Trustee meeting. With the consensus of the Board, this public hearing was placed on the agenda for April 29, 2008. Mayor Rand upon Chief Gregory Austin for an update. Chief Austin, on behalf of the police department, thanked Mayor Rand for all of his hard work and years of service to the Village. He noted that residents have taken advantage of the on-line payment option for alarm permits. This program has been very successful. Chief Austin noted that a training session would be held at the Village Hall on April 28th in connection with A Child is Missing. A Child Is Missing (ACIM) is a national non-profit organization offering free assistance to law enforcement to aid in recovering missing persons (including children, teens, and elderly). They provide immediate telephone alerts to the surrounding community when an individual goes missing. Chief Austin reminded residents that curbside trash is not to be put out until after 6:00 p.m. the day before pickup. Next to address the Board was Victor Carosi, Village Engineer. He thanked the Mayor for his years of service, and congratulated Trustee Joan Feinstein, Rye Brook's mayor-elect, Trustee Sanders Romano and incoming Trustee Dean Santon. Board of Trustees Meeting March 25,2008 Page 13 Mr. Carosi noted that the Loch Lane construction is moving forward. The construction crews have moved on to King Street and the project is moving forward. The restoration work will begin in the later part of the summer. Mayor Rand noted that the Board was going back to the Executive Session directly following the Board of Trustees Meeting. He called for members of the public wishing to address the Board. Mr. Moscato of Edgewood Drive addressed the Board. He complimented that Board on the installation of the Streaming Video, the improved preparation of the meeting minutes, and agendas on the Village's website. He suggested that all Village Board meetings have their meeting summaries posted on the Village's website so that residents can be informed about all of the goings on within the Village. He thanked Mayor Rand for always treating the residents with respect. He then addressed the construction at Loch Lane. He noted that he armed himself with a camera and a pair of hip boots and took a walk into Rich Manor Park, where water sits after a rainfall. He presented the Board with the photographs and asked that this matter be reviewed by the Village's Engineer, with special attention being given to the prevention of West Nile Vitus. Mr. Carosi noted that the water begins in the Beechwood Circle and then flows into the Village's infrastructure. No new water is being introduced in this area and all old pipes have been replaced. The new piping will help Rich Manor Park. There is a study of the branch of the Blind Brook that is currently being reviewed. Trustee Joan Feinstein began a presentation highlighting some of Mayor Rand's accomplishments. Trustees Rosenberg, Brown and Sanders Romano joined in offering kudos for a job well done. The members of the Board discussed the amazing accomplishments and projects that have come to fruition under Mayor Rand's guidance. Mayor Rand was thanked for his guidance, leadership, encouragement, honesty, class, character, warmth, humor, and sincerity. Mr. Bradbury thanked Mayor Rand on behalf of the Village, staff, and consultants. Mayor Rand thanked everyone for their kind words. He noted that he and his wife have been residents of Rye Brook for 36 years. They have both been members of Board of Trustees Meeting March 25,2008 Page 14 several Boards and believe that it is a civic duty and a pleasure to give back to the community. There being no further business before the Board, the meeting was adjourned at 9:10 P.M. Board of Trustees Meeting March 25,2008 Page 15