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HomeMy WebLinkAbout2008-06-10 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 10, 2008-7:30 P.M. AGENDA 7:00 PM— Executive Session— Litigation and Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Report by Assessor on assessment notices and their impact PUBLIC HEARINGS: (1) Public Hearing on an application for a Special Use permit and site plan approvals for St. Mary's Cemetery, South Ridge and High Streets RESOLUTIONS: (1) Considering an appointment to the Advisory Council on Parks and Recreation (2) Considering the submission of comments by the Village of Rye Brook Board of Trustees as an involved agency to the Village of Port Chester regarding a development adjacent to Sylvan Road (3) Considering the repayment of taxes to the Town of Rye (4) Considering the endorsement of a grant application to the United States Department of Justice Office of Community Oriented Policing Services for the 2008 COPS — Save our Schools Grant Program Board of Trustees Meeting June 10,2008 Page 1 (5) Considering a budget modification— Shade Trees (6) Considering authorizing a renewal of a Westchester County Department Health food service permit application to operate a food service establishment at the AJP Community Center (7) Considering entering into a revocable permit agreement with SUNY Purchase for use of certain facilities by the Village Recreation Department (8) Approving the appointment of the City of Rye's community representative to the Emergency Medical Services Committee (EMSC) (9) Approval of Minutes: March 11, 2008; April 8, 2008; May 13, 2008 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS (1) Review of ongoing curbside yard waste compliance matters (2) Alleged 2-family use at 8 Berkley Drive in R-15 zoning district (3) Review of Chapter 160-4 (numbering of properties) of the code ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: June 24 and July 8, 2008 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon Board of Trustees Meeting June 10,2008 Page 2 STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Mayor Joan L. Feinstein called the June 10, 2008 regular meeting of the Board of Trustees to order at 7:30 p.m. beginning with the Pledge of Allegiance. REPORT: 1) REPORT BY ASSESSOR ON ASSESSMENT NOTICES AND THEIR IMPACT Mr. Mitchell Markowitz, Tax Assessor, addressed the Board. He began his report by noting that the notices that were recently mailed to all residents were required by law. The notices were mailed out the end of May to every property owner in the Town of Rye who experienced a change in assessment proposed for 2008. Nearly every one-family homeowner received a reduction in their assessed value proposed for 2008. The homeowners that did work on their property were imposed an increase in assessment. The Homestead Class in Rye Brook experienced an overall decrease in the class of 2 '/2%. The Non-Homestead Class was assessed a flat 2007-2008 assessment roll. That is both good and bad news for homeowners. It means that the price of homes has declined slightly but the commercial values have gone up. The fact that assessments declined 2 /z% does not mean that taxes will decline 2 /z%. The amount of taxes that are paid are highly dependent upon the budgets to be approved during the coming year by the school districts, County, Village, and Town. Mr. Markowitz noted that there are approximately 3387 parcels in Rye Brook subject to taxation. That represents tax bills and the number of people or entities who are paying 100% of property tax. It is essentially the same number as last year, and it has not changed much in the past several years. He noted that the 2008 assessment notice reflects the property value as of July 2007. Board of Trustees Meeting June 10,2008 Page 3 Mayor Joan Feinstein stated that if anyone wants to contest their assessment the deadline is June 17th. This deadline is set by State law. Mr. Markowitz noted that anyone who believes that their assessment is incorrect should file an application and provide evidence of why they believe that the evidence is incorrect. Forms are available in the Town of Rye Assessment Office or the State's website. If you miss this deadline then it is too late to contest. All determinations will be made on or before September 15th. Anyone that files a grievance will receive written notification of the decision regarding their appeal. Public Hearings will be held at 10 Pearl Street. Mayor Feinstein noted that the impact of the reduction is very little. The tax rate is immaterial in these situations because the assessed valuations go down and the tax rates go up. Mr. Bradbury noted that the levy is the best indicator because it shows the spending and the municipal budget. Trustee Paul Rosenberg noted that taxpayers that want to be heard must show up at the public hearing. There is a sign in sheet but there is no way to predict how long you will be at the hearing before you are heard. The people who show up in person go before the Board and make a presentation. The people who hand in their applications are discussed at a public hearing. Mayor Feinstein thanked Mr. Markowitz for the presentation. Mayor Feinstein called for the first item under Public Hearings on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING ON AN APPLICATION FOR A SPECIAL USE PERMIT AND SITE PLAN APPROVALS FOR ST. MARY'S CEMETERY, SOUTH RIDGE AND HIGH STREETS Mayor Feinstein noted the intent was to continue the public hearing this evening, however, the Board has received a letter from the applicant requesting an adjournment until the next meeting scheduled for June 24th. Since Trustee Patricia Sanders Romano would not be able to attend that meeting as she would be on vacation, she requested that the public hearing be scheduled for July 8th. It was noted that Trustee Sanders Romano has been involved with this application since Board of Trustees Meeting June 10,2008 Page 4 2003. With the permission of the Board, Mayor Feinstein called for a motion to set the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the public hearing for the St. Mary's Cemetery Application was scheduled for July 8, 2008. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the first resolution on the agenda: RESOLUTIONS: (1) CONSIDERING AN APPOINTMENT TO THE ADVISORY COUNCIL ON PARKS AND RECREATION Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Glenn Brettschneider of 53 Winding Wood Road, Rye Brook, New York is hereby appointed to the Advisory Council on Parks and Recreation to fill the unexpired term of Cliff Shaw, whose term shall expire April, 2009. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Board of Trustees Meeting June 10,2008 Page 5 Trustee Rosenberg thanked Cliff Shaw of the Advisory Council on Parks and Recreation for his many years of service to the Village. He noted that Mr. Shaw really spent a lot of time working on the Village's recreation program over the years and he really has made a large contribution. Mayor Feinstein stated that in March residents are asked to come forward and volunteer for Village Boards and Councils. The appointments are made in April of each year for positions that have opened up on the various boards and councils. Participation by community members is encouraged. Mayor Feinstein asked that Mr. Burke call the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 2) CONSIDERING THE SUBMISSION OF COMMENTS BY THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES AS AN INVOLVED AGENCY TO THE VILLAGE OF PORT CHESTER REGARDING A DEVELOPMENT ADJACENT TO SYLVAN ROAD Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE SUBMISSION OF COMMENTS BY THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES AS AN INVOLVED AGENCY TO THE VILLAGE OF PORT CHESTER REGARDING A DEVELOPMENT ADJACENT TO SYLVAN ROAD WHEREAS, the Village of Port Chester Planning Commission, as the lead agency, is currently considering a subdivision application for a three (3) lot subdivision and site plan for properties predominately located in the Village of Board of Trustees Meeting June 10,2008 Page 6 Port Chester and adjacent to Sylvan Road and Candy Lane in the Village of Rye Brook; and WHEREAS, the Village of Rye Brook is an involved agency under the State Environmental Quality Review Act ("SEQRA") because it will have final approval authority over certain permits with respect to the subdivision; and WHEREAS, the Village of Rye Brook Board of Trustees, as an involved agency, has reviewed a preliminary plan of the subdivision and has some questions and concerns that it wishes to express to the Village of Port Chester Planning Commission, including: • the proposed driveway and utility connections onto Sylvan Road and the associated impacts related thereto; • the proposed tree removal associated with the subdivision application and how the proposed development will be mitigated by a landscape plan; • the storm water impacts of the proposed development in the Village of Rye Brook; • the impacts to the Village of Rye Brook associated with the erosion and sediment control plans; • the proposed construction access to the site and how it may impact the Village of Rye Brook, including how construction access may be regulated; • the disturbance and maintenance of the paper street areas; and • the inappropriate use of a property number for proposed lot number 1. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Mayor of the Village of Rye Brook to send a letter to the Village of PC Planning Commission summarizing the questions and concerns presented by the Board as an involved agency with respect to this subdivision application on the Board's behalf. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Sanders Romano noted this construction could potentially impact the area. She asked that the construction plan be made available for review and that the Board of Trustees have the ability to make comments and give input on this plan. Board of Trustees Meeting June 10,2008 Page 7 Mr. Bradbury noted that the items for review also include construction vehicle access, erosion and sediment control, and traffic. Trustee Sanders Romano noted that she would like to see where the construction debris was being removed to, where the staging of equipment would take place, hours of operation, etc. Trustee Dean Santon questioned what right-of-way disturbance meant. He noted that the municipal boundary cuts through the Sylvan Road paper Street. Sylvan Road in Port Chester and Sylvan Road in Rye Brook do not connect. It is separated by a densely wooded property. He asked for clarification. Mayor Feinstein stated that Rye Brook has always taken the position that it would not allow the paper street to be opened. Port Chester was advised of this position over a year ago. Trustee Santon felt that Rye Brook should not grant permission for a curb cut. He felt that there were several underlying lot and parcel issues that should be focused on. He noted that it is not clear what portion of this property is in Rye Brook. The plans show a slight triangular shaped parcel in Rye Brook; however, this sliver of land is not a tax lot. He also noted that one of the lots was illegally subdivided. The Rye Brook parcel of land being marketed is owned and controlled by the Estate of Douglas Hallengren. His wife does not have the right to sell and the estate is not party to the application. He reiterated that there are a number of fundamental legal issues that needed to be sifted through. The residents on Sylvan Road in Rye Brook and in the Candy Lane, Argyle and the Windsor Road area will be affected by this subdivision and all of these residents should be notified of the application. Mayor Feinstein responded that a copy of the letter sent to Port Chester can be sent to the Rye Brook residents. She also agreed with Trustee Santon that clarification of what property is located in Rye Brook is needed. Mr. Bradbury noted that the issue of a curb cut has not come before the Village yet. He also noted that the village staff has reviewed the plans, and it is looking for more information on the utilities that will be brought to the parcels — these utilities include electricity, cable, water, etc. In terms of tree removal, the village has not received a landscape plan. Additional storm water mitigation detail is being sought, particularly in the rear of the property. Mr. Bradbury noted that mitigation must be proposed by the applicant as part of the process. Storm water impacts and erosion and sediment control must be Board of Trustees Meeting June 10,2008 Page 8 reviewed. Construction access will come from Argyle and Sylvan in Port Chester, however, Rye Brook needs to know who will be regulating and watching over this traffic. Rye Brook also needs to know what disturbance will result in the area of the paper street and who will be responsible for maintaining this area. The applicant has been notified that there has been inappropriate use of a Rye Brook property number. Trustee Santon noted that the subdivision map for Ridge Manor is the one that has been used to identify the subject parcels. Clearly the adjacent 6 Sylvan Road has property both in Port Chester and Rye Brook. A fundamental issue to be addressed is whether or not any of the land that is part of this subdivision is actually located in Rye Brook. A few square feet does not rise to the level of a curb cut. He also noted that Rye Brook should not have the burden of services when Rye Brook would not get the benefits of taxes. Mayor Feinstein noted that owning land in Rye Brook gives the property owner the ability to choose the school district. Mayor Feinstein opened up the floor for discussion. A Toni Janeczko of 35 Argyle Road questioned how things would move along for this project. She noted that there is an existing retaining wall and she questioned what would happen to it. It was noted that this resident's property is adjacent to the lots that are the subject of the subdivision. She also noted that there are a lot of children in this area and the additional traffic could pose a safety hazard for these children. She felt that additional stops signs should be installed. Mrs. Janeczko noted that she sent a letter to Port Chester expressing her concerns. Trustee Santon clarified that the 35 Argyle Road property that has the retaining wall is at the Village of Port Chester right-of-way. He felt that no one would remove the retaining wall and allow the property to spill out into the right-of-way. This land was commonly owned for six decades and the Sylvan Road portions were the rear yards of the Haines Boulevard properties. These parcels were needed to meet setbacks. Trustee Santon also noted that Haines Boulevard is the more logical street for ingress and egress. The next Port Chester Planning Commission meeting will be held on June 30 . Mr. Bradbury noted that a certified resolution and a copy of the letter will be sent to the Village of Port Chester. Trustee Rosenberg noted that a letter regarding the unauthorized use of a Rye Brook street address (i.e. 11 Sylvan Road) has been sent Board of Trustees Meeting June 10,2008 Page 9 to the real estate agent and developer last week, but the Village has not heard back from them yet. Edward Beane, Esq., Village Attorney, noted that the real estate broker and developer have been put on notice to cease using the 11 Sylvan Road address. He would follow up on a response. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 3) CONSIDERING THE REPAYMENT OF TAXES TO THE TOWN OF RYE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING REPAYMENT OF TAXES TO THE TOWN OF RYE RESOLVED, that payment be made to the Town of Rye as reimbursement for overpayment of 2004/2005 taxes to make whole in the amount of$27,875.05; and be it FURTHER RESOLVED, that the following budget modification be approved in fiscal year 2007/2008. FROM TO AMOUNT 101.1990.424 101.1930.439 $ 27,875.05 (Contingency) (Judgments & Claims) Board of Trustees Meeting June 10,2008 Page 10 On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Bradbury noted that the Town has to guarantee the taxes for the Village. The Village was overpaid for the 2004/2005 year. This was verified, and the funds will now be paid back. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye 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 ENDORSEMENT OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE 2008 COPS — SAVE OUR SCHOOLS GRANT PROGRAM Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE ENDORSEMENT OF A GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR THE 2008 COPS — SAVE OUR SCHOOLS GRANT PROGRAM WHEREAS, the United States Department of Justice Office of Community Oriented Policing Services has secured funding for the COPS Secure Our Schools (SOS) 2008 Grant Program; and Board of Trustees Meeting June 10,2008 Page 11 WHEREAS, the Village of Rye Brook in conjunction with the Blind Brook Union Free School District and the Port Chester Union Free School District desire to apply for funding; and WHEREAS, these three entities desire to submit an application for the purchase of software in order to give the Rye Brook Police Department the ability to connect to the in-house video surveillance systems at the Ponterio-Ridge Street School, Blind Brook Middle/High School, Port Chester Senior High School and the Port Chester Middle School; and WHEREAS, the COPS program will pay up to 50% of an approved application with a 50% local match. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the application to the United States Department of Justice for funding assistance in providing software for in-house surveillance systems; and be it FURTHER RESOLVED, the Mayor, Administrator and Police Chief are hereby authorized to take all appropriate steps to submit the application for funding for a total project cost of $8,000 with the Village of Rye Brook portion being approximately $1,300. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mayor Feinstein noted that if the grant is successful then there will be time for additional comments about this project. Chief Gregory Austin, Police Chief, stated that there have been situations during school that required the assistance of a police officer. This grant will provide real- time viewing. The surveillance cameras are on now for both school districts, and both districts are in favor of this program. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Board of Trustees Meeting June 10,2008 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 5) CONSIDERING A BUDGET MODIFICATION— SHADE TREES Mr. Bradbury read the following resolution: RESOLUTION BUDGET MODIFICATION— SHADE TREES RESOLVED, that the following budget modifications as of May 31, 2008 be hereby approved: FROM TO AMOUNT 101.7000.510 101.2200.156 $ 1,125 (Estimated Revenue) (Inspection Fees) 101.7000.552 101.3120.444 $18,500 (Appropriation Expense) (Shade Trees - Trees/Shrubs) On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was approved. Mr. Bradbury noted that the transfers move funds in between accounts. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the bottom line was that over the past couple of months his department has been establishing the right trees for the right places. Thirty-five trees will be planted throughout the Village. These trees include seven or eight different tree varieties such as Sugar Maple, some Oaks, Lindens, Sycamore and Elms. The idea is to mix up the different types of trees throughout the Village. It is a little later in the season, but there is still a good opportunity to complete these plantings. Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Board of Trustees Meeting June 10,2008 Page 13 Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING AUTHORIZING A RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE AJP COMMUNITY CENTER Mr. Bradbury read the following resolution: RESOLUTION CONSIDER AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Senior Citizen Coordinator to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. Board of Trustees Meeting June 10,2008 Page 14 On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. There was no discussion on this matter. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye 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 ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDER ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter "Purchase College") from July 8, 2008 to August 31, 2008; and WHEREAS, Purchase College will grant the Village of Rye Brook Recreation Department, a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms; in exchange for a fee of Five Thousand Seven Hundred Sixty Dollars and Zero Cents ($5,760.00), which is based on a rental fee of One Hundred Twenty Dollars and Zero Cents ($120.00)per hour. Board of Trustees Meeting June 10,2008 Page 15 NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign all necessary documents to implement the Revocable Permit Agreement. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 8) APPROVING THE APPOINTMENT OF THE CITY OF RYE'S COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE (EMSC) Mr. Bradbury read the resolution: RESOLUTION APPROVING THE APPOINTMENT OF THE CITY OF RYE'S COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE (EMSC) Board of Trustees Meeting June 10,2008 Page 16 WHEREAS, the inter-municipal agreement, between the Village Rye Brook, City of Rye and Village of Port Chester, for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, the City of Rye has approved the nomination of Barbara Berte to the Committee as their Community Representative. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby approves the appointment of Barbara Berte as the Community Representative to the Emergency Medical Services Committee (EMSC) for the City of Rye. There was no discussion on this matter Mayor Feinstein noted that it was self- explanatory. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 9) APPROVAL OF MINUTES: March 11, 2008; April 8, 2008; May 13, 2008 Mayor Feinstein called for comments on the above-referenced summaries. Trustee Santon noted that he did not have a chance to read the April 8t" and May 13th summaries. He asked that the approval of these two summaries be postponed. Mayor Feinstein called for a motion to adopt the March 11, 2008 summary. Board of Trustees Meeting June 10,2008 Page 17 On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the summary was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon abstained Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for a motion to adjourn the April 8th and May 13th summaries to the next Board of Trustees meeting. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the summary was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye 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 upon Mr. Bradbury for his report: ADMINISTRATOR'S REPORT Mr. Bradbury reminded everyone that the Rye Brook Birthday celebration was scheduled for Saturday, June 14th. Everyone is invited to come and join the festivities. Mr. Bradbury noted that Con Edison, overall, has been doing very well. Rye had many outages over the past few days, which were a result from the heat. There is a big storm coming in this evening and he hoped that there would be no outages as a result. Work continues on the Village's Comprehensive Plan. The Village's staff, consultants, and Boards have dedicated many hours to this project. Board of Trustees Meeting June 10,2008 Page 18 Mr. Bradbury noted that special meetings were held on tax assessments, with an upcoming meeting scheduled for Monday morning. It was noted that the local law regarding the Library should be passed through the NYS Assembly this week with the assistance of George Latimer. Mr. Latimer is very optimistic that the law will be adopted. Mr. Latimer and Suzi Oppenheimer have worked hard on the Village's behalf to get this local law passed, and the Village is grateful to them for all of their hard work. Mayor Feinstein noted that the Board has received the financial statements for the EMS. These statements are in very good shape. There have been several funds raisers and the proceeds go directly to the EMS. Mayor Feinstein called upon Trustee Santon to address the discussion items. DISCUSSION ITEMS (1) REVIEW OF ONGOING CURBSIDE YARD WASTE COMPLIANCE MATTERS Trustee Santon began the discussion by commenting that the Village's police department has been doing a great job. He noted that the real problem, particularly with yard waste, is being caused by the landscapers. The brown paper bags are put out at all different times of the week — they are put out in the street — and when they are left out for any length of time they disintegrate and the waste falls out into the street. Trash and green waste should be not placed curbside until Tuesday night at 6:00 p.m. When the waste is put out on Wednesday afternoon it means that this garbage stays out for a week. It was noted that 156 warnings have been issued to 142 different addresses; 17 violations were given to repeat offenders. Trustee Santon felt that something should be done about the landscapers who are creating the problem. He stated that the Village needs to be more effective in educating these landscapers which, in turn, will reduce the amount of time that the police need to deal with this. Board of Trustees Meeting June 10,2008 Page 19 Mayor Feinstein noted that the violations were issued over an eight week period. She noted that this issue needs to be highlighted a little more and more resident education is needed. She felt that it was the residents' responsibility to inform their landscapers. Trustee Santon noted that the larger landscapers take the waste away in their trucks. The smaller landscapers do not have a place to put the waste. The Village needs to find out who the landscapers are and educate them on the Village's laws and regulations. He felt that the Village should contact the residents who received the warnings and get the name of the landscapers from them. Mayor Feinstein suggested a letter be attached to the warnings so that the homeowners could inform their landscapers. Mr. Bradbury noted that the Landscapers Association can be contacted again. A list of regulations can be given to the homeowners for them to be given to the landscapers. Trustee Santon felt that the landscapers should be targeted. He also noted that the Landscapers Association was previously contacted and nothing came of it. Mayor Feinstein felt that the residents are paying for the service and they should be the ones to inform their contractors. Edward Beane, Esq. noted that the residents have responsibilities. Mayor Feinstein stated that letters can be sent out to the landscapers to educate them. She noted that compliance has gotten better over the years. Trustee Rosenberg agreed and noted that a form letter attached to the violation is a good idea. The Village's rules and regulations should be laid out. Trustee Sanders Romano felt that perhaps a card with pick-up days should be handed out — something a bit less verbose with the rules and regulations clearly written out. Trustee Brown felt that a system where you receive three strikes could be put into place. When the third strike is received, then the landscaper is fined. Trustee Rosenberg noted that a lot of people do not like seeing the bags sitting curbside. This is not what the Village's police department should be doing — wasting time handing out violations for trash. Time should not be taken away from their normal duties. Board of Trustees Meeting June 10,2008 Page 20 Chief Austin noted sometimes the officers notice these violations when they are on patrol, and other times they receive calls from residents. The warnings have been working. Some people get confused when there is a Holiday during the week. Chief Austin noted that this is not a priority. Mayor Feinstein thanked the Chief and the Officers for being so vigilant. Mayor Feinstein noted that out of 3387 parcels in Rye Brook only 17 residents have been issued more than one violation. She noted that having this type of a dialogue at the meeting is another way to help educate homeowners on this issue. Trustee Brown suggested using email to advise the residents of the rules regarding curbside waste. He suggested that the Village consider this for the upcoming year. Mr. Bradbury stated that his office would look into this matter. (2) ALLEGED 2-FAMILY USE AT 8 BERKLEY DRIVE IN R-15 ZONING DISTRICT Trustee Santon noted that while he was abroad there was a renovation project at 8 Berkley Drive, a home located in an R-15 single-family residential district. The property was given a Certificate of Occupancy in 1972, three weeks before a real estate closing, to create a two-family occupancy. The C.O. stated that this was a non-conforming use that existed prior to 1954. This was odd because the Building Inspector in 1972 could not know what existed before 1954. The reality was that this two-family use did not pre-exist that date. The building was an accessory building for a large estate and it was never a two- family house. Two couples bought the property in January, 1960 from the developer who bought the 64 acre tract in May, 1959. The sub-division map for that area did not come into effect for another two years. Trustee Santon noted that there are two-family zones within Rye Brook and 8 Berkley Drive is not located in one of them. Now a two-family home exists in a zone that does not allow two-family homes. He felt that if the C.O. was issued improperly it Board of Trustees Meeting June 10,2008 Page 21 should be dealt with. A C.O. was issued in 1972 with no permit, no scope of work, and no application. He stated that this matter is very suspect and bogus. Trustee Santon noted that there is an existing condition map of the unincorporated portion of the Town of Rye, which is now Rye Brook, that was prepared in 1930. There is a key that identifies every structure. Every structure was inventoried and the uses were identified. He noted that the C.O. from 1972 was issued with no basis. Trustee Santon asked that the Village Attorney review this matter because in his opinion the 8 Berkley property is an illegal, non-conforming use. Mayor Feinstein noted that there were legal consideration two years ago when a discussion took place with legal counsel. Her personal opinion was that to go back and re-visit this may not bring the results that Trustee Santon hoped for. She felt that this would be a waste of time and Village resources. Trustee Santon noted that the documents in his position directly refutes the Certificate of Occupancy. This was an illegal subdivision, no permits were taken out, and a bogus Certificate of Occupancy was issued. He felt that this matter did warrant a review. The other residents along Berkley Drive deserve to have their quality of life protected. Something should be done about this now. Edward Beane, Esq., Village Counsel, noted that even if the Village assumed that the permit is bogus and the Village started an action, it would mean going to court, spending time, spending money and ultimately it will be the judge's decision. He noted that the Law of Waiver still exists. Mr. Beane noted that the Village Attorney stands ready to follow the Village Board's directive. Mayor Feinstein noted that a determination was made and she asked for the consensus of the Board regarding whether or not this matter should be revisited. She stated that in her opinion it should not. Trustee Santon noted that this was an illegal use, and he felt that it warranted additional review. He noted that he would be happy to review the minutes of the Executive Session from two years ago when this matter was addressed. Board of Trustees Meeting June 10,2008 Page 22 Mayor Feinstein called for the final discussion item on the agenda: (3) REVIEW OF CHAPTER 160-4 (NUMBERING OF PROPERTIES) OF THE CODE Trustee Santon noted that basically the question of how a property owner could help him/herself to a street number is what brought this matter up for discussion. He noted that the only person who can assign a house number is the Village's Director of Public Works. 8 Berkley Drive is one parcel and is only entitled to one house number and a developer cannot just go ahead and number homes that they developed. He pointed out that the developer for Berkley Drive and Sylvan Road is the same developer, and he is once again helping himself to street numbers. Trustee Santon noted that this section of the Village's Code needs to be reviewed. Mr. Bradbury noted that he has given the Board his recommendation. The numbering of homes is a safety issue and the clear numbering of homes is important to emergency services. The Code could be modified so that multi- family homes can receive separate numbers and/or letters. Mayor Feinstein noted that there are quite a few streets within the Village with two-family homes. Some homes have A's and B's or '/2's on them. She directed the Administrator to review this matter. Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for June 24 and July 8, 2008. There being no further business before the Board, and no members of the public wishing to address the Board, she asked for a motion to adjourn the meeting. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the meeting was adjourned. Mayor Feinstein called upon Mr. Burke to call the roll: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Board of Trustees Meeting June 10,2008 Page 23 Mayor Joan L. Feinstein Voting Aye The meeting was adjourned at 9:40 a p.m. Board of Trustees Meeting June 10,2008 Page 24