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HomeMy WebLinkAbout2008-04-29 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 29, 2008 - 7:30 PM AGENDA 6:45 PM—Executive Session—Legal Matters & Tax Certioraris ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: (1) Public Hearing on an application for a Special Use permit and site plan approval for St. Mary's Cemetery, South Ridge and High Streets (2) Public Hearing on a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits RESOLUTIONS: (1) Considering an application for a Special Use permit and site plan approval for St. Mary's Cemetery, South Ridge and High Streets (2) Considering a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits (3) Considering entering into a Service Agreement with the Rye Brook Travel Baseball Club, Inc. to run travel baseball for the Rye Brook Recreation Department (4) Considering the adoption of the 2008 —2009 Annual Budget (5) Considering the amendment of the Public Access Guidelines Board of Trustees Meeting April 29, 2008 Page 1 (6) Referring an application for a Special Use Permit for a wireless telecommunications facility at 211 South Ridge Street (7) Approval of minutes: October 16, 2007; October 30, 2007; November 13, 2007; November 27, 2007; December 11, 2007; January 8, 2008; January 22, 2008; February 5, 2007; February 26, 2008; March 1, 2008; March 18, 2008 ADMINISTRATOR'S REPORT (1) Final Report—Flood Mitigation Study: Bowman Avenue Dam and Lower Pond OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: (1) Proposed modification of Chapter 250 of the Code to regulate parking of vehicles, storage containers and unenclosed parking areas at all properties. (2) Proposed modification of Chapter 250 of the Code to regulate certain large recreation apparatus and structures from being placed in the front yard of any residential property. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: May 13 and May 27, 2008 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Patricia Sanders Romano Trustee Paul S. Rosenberg Trustee Dean P. Santon STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Village Counsel CONVENE: Board of Trustees Meeting April 29, 2008 Page 2 Mayor Feinstein called the April 29, 2008 regular meeting of the Board of Trustees to order. Mayor Feinstein called for the first item on the agenda: PUBLIC HEARINGS: Public Hearing on an application for a Special Use permit and site plan approval for St. Mary's Cemetery, South Ridge and High Streets Mr. Dan Laub, Attorney with Cuddy & Feder, representing St. Mary's Cemetery, addressed the Board and gave a brief history of this project explaining that his is a 7900 square foot addition to the existing mausoleum. The initial concerns regarding the overall impact of the project have been minimized by the landscape plan. They have provided the board with the requested visuals and would like to share them with the board and the public. Mayor Feinstein explained that because this is the first time viewing the visuals, the Board will not close the Public Hearing tonight because she wants the public to have the opportunity to view them as well. Mayor Feinstein inquired about having the visuals put on the Village website and Mr. Laub assured her that would not be a problem. Mr. Laub explained that they used a computer visualization firm and developed a 3D model, took still pictures of the site and then combined the two for this presentation. In this manner, the Board can see what the site will look like landscaped from the beginning. There was discussion between Trustee Santon and Mr. Laub regarding the boundary lines and where they are located. Trustee Santon questioned why this project was not changed so that it can be built without the need for variances. It was explained by Mr. Laub that there was no where else to locate the new addition noting that all the space is taken on the site even if it is not currently occupied. There is a definite need for the new space in that the existing mausoleum of 2300 spaces is currently completely spoken for. The addition adds 1950 more space. Mr. Rozell explained that they built on an as needed basis, when additional space was needed or called for; they added a new phase to the building. Mayor Feinstein asked if there was anyone from the public that wanted to speak and as there was no response, she asked for comments or questions from the Board. Board of Trustees Meeting April 29, 2008 Page 3 Trustee Brown asked for Mr. Laub to show the property lines on the drawing for the Village as well as the New York State Thruway Authority. Mr. Laub showed the lines on the drawings and also added that the Thruway Authority has no issues with the project. Trustee Rosenberg suggested the applicant work with Mrs. Timpone-Mohammed to upgrade the landscape plan to include some evergreens. Mr. Laub responded that they had already planned on including the evergreens although they are not shown on the plan. Mr. Rosenberg asked about the comments from the County in their most recent memo regarding approval to use the County Road. Mr. Laub explained they had already responded to the memo and submitted plans to the Planning Department and believes all the issues have been addressed. Trustee Romano is concerned about the Thruway Authority approval being that we will not really know until after the fact. She added that all of the shrubs are on the lower side and therefore is very bare looking and is concerned about the way it will look on the non thruway side. Mayor Feinstein stated that the resolution will be conditioned on the approval of the Thruway Authority. Trustee Santon noted that the landscape plan they are showing does not match the plans submitted and he wants to see the landscape plan visually. He would also like a representative from the Village to have a dialogue with the State because he is concerned that there is no guarantee for the Village or the neighbors that the landscaping/screening is going to be in perpetuity. Ms. Nicole Zeller, resident of Brookridge Court, inquired about how many additional casket spaces they are allowed with the granting of the variance. She is also concerned about the landscaping and the view they have as nearby residents, what is there now is not so great and is concerned that they are not being honest about the landscaping plan. She suggested they build down instead of up believing that would help with landscaping and the impact on the entire neighborhood. She is hoping that they could build within the law or code which would decrease the size of the project and make it more appealing. Mr. Laub responded that with the variance it allows another 210 casket spaces. As for building down, the design actually does that because of the slope. Mayor Feinstein stated there is certain information they will require for the next meeting such as the noise impact and suggested that this be put back on the agenda for May 27th and if the information is not available by that time, it will be adjourned again. Trustee Santon spoke in regard to the elevation drawings and it shows trees — he would like all the trees shown to be the same in height and canopy size. He also suggested there Board of Trustees Meeting April 29, 2008 Page 4 could be a flatter roof which still allow light to come in which would take some of the pronounced height away from the structure making it easier to screen. Mr. Laub stated the pitched roof portion is 15 feet back from the proposed front of the building. Mayor Feinstein asked for a motion to adjourn this application to the meeting of May 27th and on a motion made by Trustee Sanders Romano and seconded by Trustee Brown, the roll was called: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Mayor Feinstein called for the next item on the agenda: Public Hearing on a proposed local law to amend Chapter 250 of the Village of Rye Brook Village Code regarding Home Occupation Permits Clarification is needed on who reviews the Tier 11 home occupation applications — the Building Inspector or the Board of Trustees. Mayor Feinstein stated that the code states that Tier 11 would require a site plan application and believes we may need to revise the code because of the enormous expense to the applicant. Trustee Santon's concern is we also need to be fair to the neighbors of these applicants. The impacts could be many and it could have an adverse affect on the neighborhood. He also believes these home occupations need to be listed on our web site so that the neighbors can be notified. Mayor Feinstein agrees but if the person fits the criteria, she hopes the impacts would not be that great. Trustee Rosenberg agrees that the neighbors need to be taken into consideration but also should remember the right of the applicant to have this option available to them. Trustee Santon stated that the Planning Board modified the language but he believes we should have the staff research it further and them come back and vote on this....his concern is why should this board vote on this tonight and then possibly find out that we need to make a change. Board of Trustees Meeting April 29, 2008 Page 5 Mayor Feinstein believes this Board should vote on this tonight. Trustee Romano would not like to see a resident go through a full site plan review so she is not quite comfortable with how she wants to vote right now and would prefer to adjourn this for another month and get more clarification. Mayor Feinstein asked for a motion to adjourn this to May 27th and on a motion made by Trustee Sanders Romano and seconded by Trustee Santon, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Mayor Feinstein called for the next item on the agenda: Considering entering into a Service Agreement with the Rye Brook Travel Baseball Club, Inc. to run travel baseball for the Rye Brook Recreation Department Mr. Bradbury explained that in the past the Village has operated the baseball program for the summer and the fall. There is now a group that has expressed an interest in running the program and there has been discussion about using this firm to operate the program for the 2008 summer and fall baseball season. This is a not for profit group that is here tonight and before the board is a draft service proposal. Mayor Feinstein explained this is not a Public Hearing but it is her opinion that it is our community and she will take questions/concerns from the Public and that will be her stance on this subject. Mayor Feinstein asked for everyone to be respectful when speaking but she will allow everyone time to speak. Mr. Dan Wurtzel, Treasurer of the Rye Brook Travel Baseball Club, representing the Club and members. Mr. Wurtzel thanked the Board for the opportunity to present their plan and appreciates all the dialogue and input from the Village and the community. He made note of the packet that has provided which is actually their business plan. The proposed fees - $125 for spring - $250 for summer and $200 for the fall have been revised many times. He explained that financing a new business is a challenge and since their status has not been firmly established yet, they have not been able to sign any sponsors as of yet. The amount of money personally funded by their board members will cover all expenses until sponsors are put in place. Board of Trustees Meeting April 29, 2008 Page 6 People have questioned why the Village should privatize the baseball team. Rye Brook is one of only two communities that still run their own baseball program. The goal here is to build a program from the ground up starting with T-Ball all the way up to the High School level — to teach the kids to play at the highest level. Various subcommittees will be formed to assist the Club which he thinks will take about 20 to 30 adults for training and coaching, field equipment coordinator, fund raising...just to name a few. With the privatization, the Village will benefit with a new source of revenue that will grow as the program grows. The Ethics committee has determined there is a conflict with 3 members who are serving on our Board as well as volunteering on the Advisory Council for Parks and Recreation. The 3 in question have decided to resign from the commissions so that they may give their experience and expertise to our Club and hopefully down the road, be able to rejoin and volunteer their time and expertise again. Trustee Sanders Romano — would like to know what it is not possible to add the softball program. Mr. Wurtzel stated that in the initial agreement with the Village, they have decided that softball should be deferred until next year. They have not had enough time to focus on this and if there is a successful first year, would add that program to the next year. Trustee Sanders Romano believes all people should have equal treatment and wants to urge them to make sure it happens because baseball mainly is focusing on the boys and would like to see more people being able to participate. Trustee Santon asked about the bylaws and if they are tied into the agreement. Mr. Beane responded that the way it is written — the corporate structure is a prerequisite of the agreement and when the agreement is signed, the bylaws cannot be changed for a period of one year. Mr. Wurtzel does not anticipate any changes to the bylaws under the terms of the service contract. Mr. Santon's stated his reason for asking is because of questions received from the public asking how they could get on the Board. The bylaws state that board eligibility is based on that there is a family member playing in the program and that the directors will serve for not more then 4 consecutive years at which time, if there are other interested parties, they will have to step down for a period of one year at which time they can reapply. He also has a concern about how someone is removed from the Board and believes the process should include a majority vote. Mr. Bradbury asked about the fees as they are different from what was originally proposed and Mr. Wurtzel confirmed that the agreement should be changed to reflect those changes. Board of Trustees Meeting April 29, 2008 Page 7 There was further discussion and clarification on the wording in the agreement. Trustee Feinstein explained that this is only through the fall at which time there will be a public forum held. Trustee Brown wanted to raise a potential concern in the bylaws regarding the indemnification agreement — they may want to reconsider it because they are potentially putting their board members in a bad situation and basically putting the people who are volunteering their time out on a limb by telling them that they are on their own should their be any liability issues. Mr. Wurtzel's concern is that the club is relieved from any negligence on the part of the Village. He said the problem may be on his end with the wording because he is not an attorney. Trustee Brown said the two issues are indemnification and insurance and said some tweaking of the language in the agreement would be necessary. Further discussion on the wording of the agreement continued. Trustee Rosenberg brought up the issue regarding non Rye Brook players and the decision to take them only if there were not enough participants from Rye Brook. He would like to clarify that in the service agreement and also add "no Rye Brook children have been cut." Trustee Rosenberg added that he believes this is a good agreement and wanted to thank the baseball club, the Village and Mr. Bertolacci for establishing the parameters and for working together so well to deliver this program. Mayor Feinstein asked about the status of reaching out to the community for the staffing that is required. Mr. Wurtzel stated that they already have about half a dozen people who have committed their time but over the next several weeks they will start putting the committees together. They have a lot of people in the community who have expressed an interest. Mayor Feinstein brought up some additional minor concerns and changes she wanted made in the agreement. In closing, she added that she believes this is a win win for everyone and will be as successful as the travel soccer program. Trustee Santon asked about eligibility for travel baseball and Mr. Wurtzel explained that they are proposing running a modified spring travel program and the selection of that team will be done in the same fashion as Recreation basketball where the coaches will Board of Trustees Meeting April 29, 2008 Page 8 choose 10 players and the board then selects 3 wildcards. The summer and fall programs will be based on tryouts. Mayor Feinstein added that if this was to be approved it would be conditioned upon the specific language in the contract being approved by all parties. There being no further questions or comments, Mayor Feinstein asked Mr. Bradbury to read the resolution. Mayor Feinstein asked for a motion on the resolution and on a motion made by Trustee Rosenberg and seconded by Trustee Santon, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Motion carries On a motion made by Trustee Rosenberg and seconded by Trustee Santon, the following resolution was adopted. CONSIDERING ENTERING INTO A SERVICE AGREEMENT WITH THE RYE BROOK TRAVEL BASEBALL CLUB, INC TO RUN TRAVEL BASEBALL FOR THE RYE BROOK RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook desires to engage the services of the Rye Brook Travel Baseball Club, Inc. to administer, operate and supervise the Rye Brook Travel Baseball Club summer and fall program subject to the direction of the Rye Brook Recreation Department. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village to enter into a Service Agreement with the Rye Brook Travel Baseball Club, Inc. to administer, operate and supervise the Rye Brook Travel Baseball Club summer and fall program subject to the direction of the Rye Brook Recreation Department; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute the agreement and deliver all necessary documents to accomplish this resolution, subject to the approval of the Village Attorney. TRUSTEE BROWN AYE TRUSTEE SANDERS ROMANO AYE Board of Trustees Meeting April 29, 2008 Page 9 TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein thanked Mr. Bertolacci, Mr. Shaw and everyone involved in getting this program up and running. This is for the children and she thanked everyone for their volunteering and their commitment to the kids. Recess Reconvene Mayor Feinstein called for the next item on the agenda: Considering the adoption of the 2008—2009 Annual Budget Mr. Bradbury read the resolution into the minutes. Mayor Feinstein called for a motion on the resolution and a motion was made by Trustee Santon and seconded by Trustee Sanders Romano. Mayor Feinstein stated she is quite proud of the budget. The economy is such that this particular levy is based upon the property tax and sales tax and we are not sure what the future holds. Trustee Santon asked the money assigned to the athletic fields and wanted to make sure it was confirmed which actual field that is referenced. The board decided to call it the athletic fields at King Street. Mr. Sedgileck, President of the Rye Brook Youth Soccer Club, here to present a few facts and make a request regarding the King Street Athletic Fields. They are a major user of the field and understand that we must pay for it. They made the point that they have been treated very fairly regarding scheduling. Since the fall of 2006 they have paid approximately $16,000 for the use of the field and these funds come from the membership fee base and revenue from the Tournaments. The proposed increase in fees will increase our field cost to $18,000 and our club has an expected members of over 325 Rye Brook players and their families from age 8-18 years old. It is with these thought and comments that we are requesting that a block seasonal rate or a discount rate be utilized for our upcoming season to ease the impact on our membership. Trustee Rosenberg responded that he had compiled some figures and for 2007 the Rye Brook Youth Soccer Club paid about $8,000 and for 2007 the use was 400 hours with over $21,000 paid. I have lobbied in a reduction from the proposed $75.00 per hour fee Board of Trustees Meeting April 29, 2008 Page 10 and what impact it will have on clubs like this one. While he recognizes an increase is necessary, this Club is already in the process of collecting their membership fees and they cannot, once we raise the fees, will get hit with a large bill which he believes is a huge hit and they cannot go back to their parents and members and say even though you paid, we need more because the Village has increased their fees. I believe a little bit of relief in this upcoming season is necessary for this Club and made a motion that we change the $75.00 and hour to $62.50 with a two hour minimum. Trustee Santon gave a second on the motion and asked for discussion. Mayor Feinstein stated that we have increased the fees by double from where we are right now. Trustee Santon stated it was originally $37.50 per hour and last years board raised the rate to $50.00 per hour for the first two hours and then $25.00 for each additional hour. So now with the new proposal it will go up $12.50 per hour. We won't be throwing off the budget because the amounts are only estimates based on how often the field is rented. If we can modify the rate to what is now proposed, he hopes that it will give some relief to the Rye Brook Youth Soccer Club. Trustee Sanders Romano asked Mr. Sedgileck what he had in mind with the block seasonal rate. He responded that he did not have any specific request or amount but thought because of the amount of time they use the field that they could get some kind of special fee or rate. Further discussion regarding booking the fields and how they are book to see if it is possible to block out a season and issue a block rate. Trustee Brown has a concern about changing procedure now because it could not just be done for this one group, it would have to be opened to everyone. He also asked if the Club had considered alternatives in the event this Board does not grant a reduction. Mr. Sedgileck responded they had not come up with an alternate plan yet but knew they did not want to go back to the parents who have already paid for this season. Trustee Brown, while he understands the concerns of the Club, believes these negotiated rates are low and if this Board was to grant the reduction, doesn't want to see it happen over and over again in the future. Trustee Sanders Romano understands the issues and believes this Board is caught in a bind and also believes that granting the reduction could cause other problems. Trustee Santon believes these fields were created to get Legacy funding but he feels they were really built for our kids and our residents. He believes that the rate could be reduced for all residency groups and leaves it at double for non residents. Recreation should be paying for itself and the residence should not have to subsidize it. Board of Trustees Meeting April 29, 2008 Page 11 Mr. Sedgiwick brought up the issue of bulk pricing and asked the Board to consider issuing a bulk rate for them. Mr. Bradbury suggested that it could be done but needs to be done so that it does not appear that outside residents are not welcome. According to the IMA with the County of Westchester, the field has to be open to everyone. Mayor Feinstein called for a vote on the motion and made it known that she is voting no on the motion because she believes it should be even less. She would like $125.00 for the first two hours and $50.00 each additional hours. This is primarily for the children of Rye Brook and while she understands there is an expense with the fields and we do have to raise the rates, but believes it is too high. Trustee Rosenberg would like his motion withdrawn. Trustee Santon believes the rate needs to be blended—make it an hourly rate period. Mayor Feinstein believes that having it higher for the first two hours makes more sense because there are groups that will only need it for two hours. Trustee Rosenberg has withdrawn his motion and now the decision is if anyone would like to make an alternate motion. Trustee Brown is not persuaded to go below the $62.50. Trustee Sanders Romano agrees with Trustee Brown. Trustee Rosenberg makes a motion for $62.50 an hour for the first two hours and $50.00 an hour for each additional hour with a two hour minimum. Trustee Santon seconded the motion. Mayor Feinstein asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Motion carried. Trustee Santon makes a motion to honor the booking made with RB Youth Soccer for the Spring Season and anyone who has already booked for the spring season which ends June 21"or 22nd and Trustee Rosenberg seconded. Mayor Feinstein asked Mr. Burke to call the roll: Board of Trustees Meeting April 29, 2008 Page 12 TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Motion carried. Mayor Feinstein called for the next item on the agenda: Considering the amendment of the Public Access Guidelines Mr. Bradbury, Village Administrator read the resolution: Mayor Feinstein asked for a motion on the resolution and a motion was made by Trustee Rosenberg and seconded by Trustee Sanders Romano. Trustee Rosenberg explained that the Technology and Communications Committee was looking to air more meetings and or sports programming to fill up some dead space on the public access channel. This is temporary because we will have a dedicated cable channel for public access where all meetings can be aired instead of sharing with the governmental channel through Verizon Fios. This is a very temporary move but the committee would like the new schedule implemented as soon as possible. Mayor Feinstein asked Mr. Burke to call the roll on the resolution: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Motion carried. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the following resolution was adopted. CONSIDERING AMENDMENTS TO THE RULES GOVERNING PUBLIC ACCESS PROGRAMMING SECTION OF THE PUBLIC ACCESS GUIDELINES WHEREAS, the Technology and Communications Committee has reviewed and recommended modifications to the Rules Governing Public Access Programming section within the Village of Rye Brook Public Access Guidelines. Board of Trustees Meeting April 29, 2008 Page 13 NOW THEREFORE BE IT RESOLVED, the Board of Trustees herby approves the modifications of the Rules Governing Public Access Programming section within the Village of Rye Brook Public Access Guidelines as recommended by the Technology and Communications Committee. TRUSTEE BROWN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: Referring an application for a Special Use Permit for a wireless telecommunications facility at 211 South Ridge Street Mr. Bradbury read the resolution into the minutes: Mayor Feinstein asked for a motion on the resolution and a motion was made by Trustee Rosenberg and seconded by Trustee Sanders Romano. Mayor Feinstein asked Mr. Laub to give a brief presentation to the Board. Mr. Laub, Cuddy & Feder, explained that this is a co-located rooftop wireless tele- communication facility and we are endeavoring to mirror what is already located there. He stated they will work with consultants to move this through the process and be back before the board as quickly as possible. Trustee Brown made note that the existing equipment is much more attractive to look at than what is being proposed and the applicant may wish to take a closer look at that. Trustee Santon asked if what the potential co-location capacity is at this particular site. Mr. Laub responded that he had no information on any other carriers locating at this site. Mr. Santon's asked about the coverage from that site and Mr. Laub stated generally it is a mile based on topography and line of site, etc. As part of the process they have sites they are targeting. Mayor Feinstein asked Mr. Burke to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Board of Trustees Meeting April 29, 2008 Page 14 Motion carried. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the following resolution was adopted. REFERRING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE STREET WHEREAS, the Village is in receipt of an application for a Special Use Permit to develop a wireless communications facility at 211 South Ridge Street, Rye Brook by MetroPCS New York, LLC. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby refers this application to the Westchester County Department of Planning the Village of Rye Brook Planning Board, the Technology and Communication Committee, and the engineering firm HDR/LMS for report and recommendation. TRUSTEE BROWN AYE TRSUTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: Approval of minutes: October 16, 2007; October 30, 2007; November 13, 2007; November 27, 2007; December 11, 2007; January 8, 2008; January 221 2008; February 5, 2007; February 26, 2008; March 1, 2008; March 18, 2008 Mayor Feinstein made a not to strike March 18t" because she has not read them and Trustee Santon will not vote since he has not read the minutes. Mayor Feinstein called for a motion to approve the minutes and on a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FEINSTEIN VOTING AYE Motion carried. Board of Trustees Meeting April 29, 2008 Page 15 ADMINISTRATOR'S REPORT Final Report—Flood Mitigation Study: Bowman Avenue Dam and Lower Pond Mr. Bradbury stated they have received the final report of the flood mitigation study by Chas Sells and a copy of the report is on the Village web site. The slues gate is the preferred alternative recommended in the report and as the board is aware we are seeking grant funding for that together with the City of Rye. The other alternative is a lot more costly, in the $15 million range which is to increase the storage capacity of the upper pond. There were multiple other suggestions but they were not cost effective in the opinion of the study. Rye Brook Birthday Celebration is June 14"'....street resurfacing is out to bid for 06-07 and the Senior Bus has arrived and the ribbon cutting is on May 6th at 10:00 am at AJP. DISCUSSION ITEMS: Proposed modification of Chapter 250 of the Code to regulate parking of vehicles, storage containers and unenclosed parking areas at all properties. Trustee Santon asked that these two items be put on the agenda and stated that he is removing the second discussion item in the spirit of saving time tonight. This was in regard to Budget rental trucks in the CVS parking lot for a period of at least 5 months which is being used as an extension to their storage room. His concern is that what if the residents in the Village or other businesses started to exercise the same practice and starting parking tractor trail rigs for storage or started having the storage containers or pods in their driveways for extended periods of time. He is aware that there are other municipalities that have start legislation in regard to this topic and made note of some research Administrator Bradbury has done and believes this Board needs to give this some attention to avoid secondary uses of retail properties. Mayor Feinstein agrees but stated that some overflow parking is allowed by some residents. There are agreements in place where some of the shopping centers are allowing residents to park their extra vehicles in the shopping center parking spaces overnight. Trustee Santon is aware of that but he is more concerned about the possibility of tractor trailers or storage vehicles. Mayor Feinstein asked Mr. Bradbury to start looking into legislation on this and set the wheels in motion. Board of Trustees Meeting April 29, 2008 Page 16 Mayor Feinstein asked if there were any members of the public who would like to address the Board. Mr. Dick Hubert, 53 Doral Greens Drive, addressed the board about the dog laws in the Village and fines imposed on the owners of animals who bite. He was attacked by a pit bull that is owned by a resident of Greenwich which resulted in an emergency visit to the hospital and spending time with the Greenwich Police Department trying to find an animal that may have rabies. He is here tonight to see how the Village positions itself with owners who do not control their animals or who own dogs that are dangerous to the general public and believes the people who own them have a general responsibility to go the extra step to make sure these animals are contained. The penalty in Greenwich was fined $95.00 and the dog was quarantined for 14 days which was mandatory. The least that he believes can be done is that the Village imposes large fines or penalties and that the animal be quarantined for at least 21 days. Our neighbors in Greenwich believe their laws are adequate but Mr. Hubert strongly disagrees and he would like his Village to take a stronger firmer stand on unleashed dangerous dogs. Mayor Feinstein thanked Mr. Hubert for expressing his concern and told him the Village would look into what they could do. Mr. Richard Abel, former resident of Rye Brook, advised the Board that Port Chester has approved a tentative agreement to add to the name of the Library. He also asked about the executive session and if there was one before the board and another one that will be held after the meeting. Mayor Feinstein discussed the program that was held at Village Hall yesterday which was a press conference where 75 police officers and police chiefs were present for A Child is Missing which is a program where if a child is missing, or a disabled individual or a college student, this program notifies the public through the telephone system which makes it different from the Amber Alert. Mayor Feinstein thanked Police Chief Austin and Detective John Arnold for their diligence and The change in name of the Library passed unanimously and the remaining matters are moving forward and she hopes it will all be final one day in the near future. The amnesty program will end on May 31st and wants all residents to be aware that if they have to file they need to do it soon. Mayor Feinstein asked for a motion to adjourn to executive session to discuss specific litigation specifically the Sedler litigation. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano the meeting was adjourned at 10:47 pm. Board of Trustees Meeting April 29, 2008 Page 17