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HomeMy WebLinkAbout2008-07-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 22, 2008-7:30 P.M. AGENDA 6:30 PM– Open Meetings Law Workshop ROLL CALL PLEDGE OF ALLEGIANCE REPORT (1) Report by Dolph Rotfeld, Village Engineering consultant on Edgewood Drainage Basin PUBLIC HEARINGS: (1) Public Hearing to consider a local law to amend Chapter 250 and 179 of the Village of Rye Brook Village Code regarding powers, duties, and procedures of the Zoning Board of Appeals. RESOLUTIONS: (1) Considering a local law to amend Chapter 250 and 179 of the Village of Rye Brook Village Code regarding powers, duties, and procedures of the Zoning Board of Appeals (2) Setting a Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road (3) Setting a Public Hearing regarding a local law to amend the zoning map of the Village of Rye Brook to expand the H-1 district Board of Trustees Meeting July 22, 2008 Page 1 (4) Setting a Public Hearing on a proposed local law regarding Portable Storage Units (5) Referring amendments to Chapter 250 of the Village Code, regarding storage or rental of off street parking to the Planning Board for report and recommendation (6) Considering a contract agreement between the Village of Rye Brook and Rye Brook Police Association, Inc. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS (1) Term limits for the Mayor and Trustees ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: August 12 and August 26, 2008 BOARD Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon 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, Meeting Secretary Board of Trustees Meeting July 22, 2008 Page 2 Mayor Joan L. Feinstein welcomed everyone to the July 22, 2008 Regular Meeting of the Board of Trustees. She called upon Officer Michael Caridi, Rye Brook's newest police officer, to lead the Board in the Pledge of Allegiance. Mayor Feinstein noted that she would be taking a matter out of order from the agenda. She noted that at the prior meeting of the Board of Trustees Mr. Caridi was conditionally appointed to the position of Police Officer. Officer Caridi, who will be attending the police academy, was welcomed to Rye Brook, and wished good luck. Officer Caridi introduced his family to the Mayor and the Board, and thanked the Board for the wonderful and exciting opportunity to serve the Village of Rye Brook. Mayor Feinstein noted that the first order of business was a report from Dolph Rotfeld on the Edgewood Drainage Basin. She called upon Christopher Bradbury, Village Administrator, to give a brief background of this proj ect. REPORT (1) REPORT BY DOLPH ROTFELD, VILLAGE ENGINEERING CONSULTANT ON EDGEWOOD DRAINAGE BASIN Mr. Bradbury began by noting that a number of years ago the Village of Rye Brook performed a study of the Eastern Branch of the Blind Brook. That report identified certain projects that needed to be looked at in order to address storm water issues. Several projects completed over the years have helped with flooding issues in that area of the Village. The Edgewood/Rich Manor Park area is the next area of review. A grant has been applied for, and funds have been earmarked for this particular project. Certain improvements have been made working off of the initial study, and at this point the Edgewood Basin will be the focus of the discussion. Dolph Rotfeld, Village Consulting Engineer, addressed the Board. He noted that the study of the East Branch of Rye Brook goes back to 1980. Prior studies have identified methods of upstream retention to reduce flooding in this area. Using a map, he identified the area of the Board of Trustees Meeting July 22, 2008 Page 3 proposed basin. The study identified ways to provide upstream retention to reduce flooding in this area. A basin was created at the King Street ball field site. This basin passed a major test in April of last year. In addition, there was a stream that ran through property on Little Kings Lane that used to flood and it did not flood in April of 2007, which shows that this portion of the analysis works. Mr. Rotfeld noted that there are about 72 acres of runoff that travels through the tributaries. The area of disturbance around the proposed basin is about 1.6 acres and the highest water level is about 1.4 acres, which makes it about 6 million gallons at its high point. One of the requirements of construction of this basin is to apply for and receive a New York State Department of Conservation (DEC) permit to construct a damn. The water that runs from Loch Lane through Beechwood Circle comes into this design point. The construction of the basin itself will be a concrete structure. It will have a small pipe to allow discharge, but as the rain increases the water will rise up in the basin itself, constricting the flow. An analysis of the water quality will be made in compliance with DEC regulations. Mr. Bradbury noted that the basin will not retain the water from the Beechwood Circle. The water that will be retained in this basin will come from the Hutch and that area. The basin will hold that water back and allow some of the other water to be released slowly so that it is not all merging at the same time. Mr. Rotfeld noted that the State did provide for some storm water retention when the Hutch was redone. Mayor Feinstein stated that the proposed detention basin will be located at the end of Edgewood Drive. She felt that this basin will create a change in the character of the Edgewood neighborhood. She noted that the Village must weigh the changes to the character of the community at this area — the deforestation of this lot — against the benefits. She asked Mr. Rotfeld what the area will look like, and how many trees would have to come down. Trustee Dean Santon noted that Meadowlark Park is 1.3 acres, and the building lot on Edgewood is .85 of an acre. Combining both the park and this last lot there are approximately 2.15 acres of land involved. This is all municipal property. Most of the forested property is the last lot on Edgewood. The Town bought this Edgewood lot in approximately 1978. Board of Trustees Meeting July 22, 2008 Page 4 Trustee Paul Rosenberg noted that a large of amount of money is involved in the creation of this detention basin. From viewing the map of the area it can be seen that the topography of the area is relatively flat. He wanted to be sure that the houses in the Rock Ridge area would be relieved of flooding, and that the homes down stream would also feel some relief. Mr. Rotfeld noted the basin will help by holding the water back. Providing as much detention as possible in the up-land area will help this area. He noted that people often talk about a hundred year storm. He clarified that a hundred year storm is not a storm that happens every hundred years — it is a storm that has a 1% chance of happening in any one year. Everyone knows the outcome of the April, 2007 storm. The point of this project is to reduce the flow of water so that this type of flooding does not occur again. Trustee Rosenberg noted that the water becomes stagnant and doesn't move very quickly because the area is level. Mr. Rotfeld noted that the flow of the discharge will be 20% less. He noted that there are methods to make the water move through the drains, and he also reminded the Board that there are improvements that must be made downstream at Hidden Falls and Westchester Avenue. The idea is to reduce the flow of storm water to give some of the water a chance to get out. When the ground is saturated there is no place for the water to be absorbed. Mr. Bradbury noted that this project will not change the stream patterns. In essence what the project will do is hold back some of the water, allowing the rest to be released slowly. He also noted that there are other projects to be included with this work, such as dredging. Trustee Santon noted that these projects are links in a chain and some of the links have been performed while others still need to be addressed. The King Street ball field detention basin has helped the Byram Ridge Rich Manor Park is basically a ten acre retention basin. Now the water will be held back upstream and houses on Edgewood, Woodland, and Rock Ridge that border Rich Manor Park and the surrounding area will benefit. The idea is to hold back the volume of water and allow the ground to absorb water before additional water is released. Mr. Rotfeld noted that the flow of water will also be slowed down. Board of Trustees Meeting July 22, 2008 Page 5 Mayor Feinstein agreed that work needs to be done, but everyone must understand that there will be visual impacts. This will be a big change — a big visual impact — however this project has the potential of minimizing the impact of storm water. Mr. Rotfeld noted that there will be a change, and trees will be removed. However, there is room to plant new trees. Trustee Patricia Sanders Romano questioned what work would need to be done further down stream if this basin is not constructed. Mr. Rotfeld noted that projects will be done down stream either way, however, the basin will result in less water down stream, and have the biggest impact on flooding. As the Village continues with additional projects eventually the problem will be solved. Trustee Michael Brown asked for the dimensions of the basin. Mr. Rotfeld responded that there will be a grass slope and the maximum height from the top to the bottom, when empty, would be about 10'. At its widest point the basin would be approximately 190', and the length will be 325'. Trustee Brown noted that this will be a very big visual impact. He requested some type of renderings so that the Village and its residents will know what to expect. He also noted that there are concerns about safety, and fencing has been suggested. Mayor Feinstein reiterated that a visual rendition must be submitted. The project will take about a year from the time of approval to the time of completion. Mr. Bradbury noted that this is municipal property and that is a benefit. Easement agreements between the Village and the adjacent homeowners can also be put in place. He stated that the resolutions and commitments are part of the next steps. Trustee Santon noted that the detention basin by the Arbors was probably the closest in size and scope to the proposed Edgewood project. He also noted that this Edgewood basin idea has been around since around 1980. The Village has heard from many of the residents in the downstream area regarding how much damage has resulted from flooding over the years. There is a NYS grant in place, and this is municipal property. The clearing that will need to be done will be approximately the same as if a one-family home was constructed on this property. Board of Trustees Meeting July 22, 2008 Page 6 Trustee Rosenberg felt that all of the residents must be notified regarding this study, in addition to posting information on the Village's website. Mayor Feinstein agreed with Trustee Rosenberg. Mayor Feinstein asked that Mr. Bradbury continue his research and report back to the Board with his findings. She thanked Mr. Rotfeld for his informative presentation. Mayor Feinstein called for the public hearing on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 250 AND 179 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING POWERS, DUTIES, AND PROCEDURES OF THE ZONING BOARD OF APPEALS. Mayor Feinstein called for a motion to open the pubic hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was declared open. Mr. Bradbury began the discussion by noting that this section of the Village's Code is very outdated. It deals with the Zoning Board of Appeals, how decisions are made, and what the decisions are based on. In summary, the amendments takes the current standards from the State Laws and uses them to set forth the standards for the Zoning Board of Appeals. Mayor Feinstein noted that this proposed law has been reviewed by both the Planning Board and the Zoning Board of Appeals. She thanked both committees for their diligent review and suggestions which have now been incorporated. Trustee Rosenberg addressed the word "spirit" used in the amendments. He felt that spirit cannot be legislated and yet the amendments include reference to the spirit of the local law. The Board discussed different language to be used to clarify the intent. Trustee Santon noted that a meeting was held with the Mayor, Board of Trustee Members, the Village Attorney, and the chairs of the Zoning Board and Planning Board on this matter. The use of the words `spirit and intent' Board of Trustees Meeting July 22, 2008 Page 7 was discussed at that time. He noted that when you apply a law, the judicial body can consider the spirit and intent of a law, but it is not actually drafted into the legislation. Mayor Feinstein began a discussion on additional wording of the new local law. It was noted that there are standards that come out of case law that are applied when making decisions. Edward Beane, Esq., Village Counsel, noted that the proposed changes were substantial, he suggested leaving the wording but adding additional text to clarify. Mr. Beane noted that not only the standards change but the application of the standards change. Mayor Feinstein opened the floor to members of the public. As there was no one wishing to address the Board on this matter, she returned to the Board members for final comments. The Board discussed the proposed changes and additional changes were made. Trustee Santon stressed that the objective was to make the local law read easily and be understandable to all. Edward Beane, Esq. reviewed all of the proposed changes to the Local Law as directed by the Board of Trustees. It was noted that a paragraph needed to be reworked or removed as it pertains to the determination made by the Zoning Board and appeals that could be overturned. Also discussed was how approvals should be conditioned. Mayor Feinstein felt that if there was no opposition, the public hearing should be closed and Mr. Beane would continue to review the text of this Local Law. On a motion made by Trustee Brown, and seconded by Trustee Santon, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye The first resolution on the agenda was adjourned. Mayor Feinstein called for resolution#2: Board of Trustees Meeting July 22, 2008 Page 8 RESOLUTIONS: 2) SETTING A PUBLIC HEARING TO CONSIDER A SITE PLAN AND SUBIVISION APPLICATION BY KF ("RYE BROOK"), LLC FOR A PROPOSED DEVELOPMENT ON ANDERSON HILL ROAD Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR TO CONSIDER A SITE PLAN AND SUBDIVISION APPLICATION BY KF ("RYE BROOK"), LLC FOR A PROPOSED DEVELOPMENT ON ANDERSON HILL ROAD WHEREAS, KF ("Rye Brook"), LLC has submitted an application for site plan and subdivision approval for the proposed "Kingswood" residential development located on the southwest corner of Anderson Hill Road and King Street, the property being more particularly described as Section 129.35, Block 1, Lot 13 on the Town of Rye Tax Map; and WHEREAS, on July 10, 2008, the Planning Board of the Village of Rye Brook referred the application back to the Board of Trustees with a Report and Recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a public hearing on August 12, 2008 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the application for site plan and subdivision approval; and BE IT FURTHER RESOLVED, that the Applicant is directed to comply with Section 250-40 of the Village Code regarding notification. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was opened for discussion. John Wagner, esq., legal counsel for the applicant, gave a brief overview of the matter. He noted that over the years this project has changed. The project is now a residential subdivision versus a 125 room hotel. The application has been submitted to the Village and although the stipulation provided for 43 units, the applicant has scaled back the plan to 30 units. Board of Trustees Meeting July 22, 2008 Page 9 Extensive revisions have been made in consideration of comments made by Village staff and committees, and the goal now is to resolve any outstanding issues with Frederick P. Clark Associates, and to incorporate all of the comments to everyone's satisfaction. Trustee Sanders Romano noted that she served on the Planning Board during the time of the original application. She also wanted to recognize the current Planning Board and Chairman Zuckerman, who did a thorough review of the application, with the assistance of the Village's consultants. Trustee Rosenberg noted he reviewed the Planning Board's resolutions with all of the recommendations. He noted that what stuck in his mind was the installation of gates. He stated that he recognized that there might be the necessity for a gate house, but he stated that he was not in favor of gates. He also noted that there was an issue with street lighting. Mr. Wagner responded that there has been a request for street lighting and the Planning Board evaluated this request. The issue was also evaluated by the Village's Engineer. The concern that was expressed came from Doral Greens. They were looking for lighting that would illuminate the common entrance, meaning that the lighting would have to reflect across the entire street. A few scenarios were looked at, but nothing was found that would cast light across the street. Trustee Rosenberg noted that there was a July 21, 2008 memorandum submitted by Dolph Rotfeld that needed to be reviewed by the applicant. Mr. Wagner noted that there have been so many submissions on this matter, and the applicant has always been compliant. The last issue was in connection with preserving the trees. Changed plans were submitted. Trustee Santon noted he saw the sign regarding the meeting was installed, However, it was tucked into King Street. He asked if a sign for the public hearing was also installed on Anderson Hill Road. Mr. Wagner noted that there were two signs, one on King Street and one on Anderson Hill Road near Doral Greens. Mayor Feinstein reminded the Board that the resolution simply set the date of the public hearing. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Board of Trustees Meeting July 22, 2008 Page 10 Trustee Paul S. Rosenber Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye The resolution was approved on a vote of five (5) ayes to zero (0) nays. 3) SETTING A PUBLIC HEARING REGARDING A LOCAL LAW TO AMEND THE ZONING MAP OF THE VILLAGE OF RYE BROOK TO EXPAND THE H-1 DISTRICT Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING REGARDING A LOCAL LAW TO AMEND THE ZONING MAP OF THE VILLAGE OF RYE BROOK TO EXPAND THE H-1 DISTRICT WHEREAS, a local law has been proposed to amend the Zoning Map of the Village of Rye Brook to expand the H-1 Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 12, 2008 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend the Zoning Map of the Village of Rye Brook to expand the H-1 Zoning District. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was approved. Mr. Bradbury noted that this resolution was related to the previous matter, the application by KR Rye Brook LLC. This change incorporates the R-20 Zone into the H-1 Zone. Mr. Burke called the roll: Board of Trustees Meeting July 22, 2008 Page 11 Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenber Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW REGARDING PORTABLE STORAGE UNITS Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW REGARDING PORTABLE STORAGE UNITS. WHEREAS, the Board of Trustees is considering amendments to the Village of Rye Brook Village Code regarding Portable Storage Units. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on September 9, 2008 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law regarding Portable Storage Units. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Bradbury noted that the last time this matter was discussed it was noted that these storage units are becoming more of a concern to municipalities. The comments from the discussion were incorporated into the proposed local law. He noted that the first fifteen (15) days that a storage unit is constructed would not require a permit. This type of placement is considered temporary in nature. However, from fifteen (15) days to six Board of Trustees Meeting July 22, 2008 Page 12 months a permit would be required and the application would be reviewed by the Building Inspector. For a temporary placement, the placement would have to be in a driveway, or adjacent to the driveway on the side that is not closest to the nearest neighbor. Trustee Santon noted that he had a problem with the definition of public storage unit. He asked if the Village's Building Inspector has reviewed the proposed amendments. He wanted to be sure that what the Village was trying to regulate was being captured by the amendments. The Village should be able to regulate when a structure can come onto a property, where it will be located, and the length of time that it can be left there. There are two different standards. One is for construction, which the Building Inspector will monitor; the other is for moving, and these pods come, are filled, and taken away. Mayor Feinstein felt that a storage unit for any purpose other than construction should have a time limit set of a maximum of 30 days. When the units are used in conjunction with construction then people need latitude. Trustee Santon asked that language be added to give the Building Inspector discretion as to how long a pod can be left during construction. The Board discussed the length of time that a unit can remain on a property, placement of the unit, not blocking the right-of-way, the penalties involved, and the impact of purchasing versus renting of the units. The comments were incorporated into the local law. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5) REFERRING AMENDMENTS TO CHAPTER 250 OF THE VILLAGE CODE, REGARDING STORAGE OR RENTAL OF OFF Board of Trustees Meeting July 22, 2008 Page 13 STREET PARKING TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING AMENDMENTS TO CHAPTER 250 OF THE VILLAGE CODE, REGARDING STORAGE OR RENTAL OF OFF STREET PARKING TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, the Board of Trustees is considering amendments to Chapter 250, Section 6 of the Village Code regarding Off Street Parking Requirements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Planning Board for report and recommendation. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Trustee Santon reviewed the purpose of this resolution. He noted that there are instances where individuals are renting parking spaces in retail and office building lots to someone other than a conventional tenant of the property. The parking spaces for office buildings and/or retail uses are carefully calculated and spaces are to be used for the customers and/or employees. The Rye Ridge Shopping is very tight in connection with the ratio of parking to tenants, and the number of parking spaces are below what is actually needed. Now they are renting out these spaces to individuals who do not have a store front in the center. Another example used by Trustee Santon was CVS who is using Budget Rental trucks as additional storage space. These trucks are parked in the parking area. Trustee Santon noted that he also did not want to see instances where someone rents a desk to someone and now they bring in their fleet of limousines, landscaping trucks, etc. Board of Trustees Meeting July 22, 2008 Page 14 Mr. Bradbury noted that some of the tenants have vans for use of delivery, and they are allowed to keep these vehicles in the parking lot. These vehicles are not included in the intent of the amendments to the local law. He noted that he would prepare a cover memorandum to go along with the referral to the Planning Board for additional clarification. In addition, it was noted that Mr. Dominick Accurso, member of the Planning Board, was in attendance at the meeting. He was asked to share this discussion with his Board members. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Nay 6) CONSIDERING A CONTRACT AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND RYE BROOK POLICE ASSOCIATION, INC. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A CONTRACT AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND RYE BROOK POLICE ASSOCIATION, INC. WHEREAS, the Village of Rye Brook and Rye Brook Police Association, Inc. have been negotiating for a contract extension; and WHEREAS, on July 2, 2008 a Stipulation of Agreement was agreed upon by the two patties. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook enters into an agreement with Rye Brook Police Association, Inc. for the period of June 1, 2007 through May 31, 2011, on the terms and Board of Trustees Meeting July 22, 2008 Page 15 conditions set forth in the Stipulation of Agreement signed by both parties on July 2, 2008, which has since been ratified by the Rye Brook Police Association members and hereby approved on behalf of the Village of Rye Brook; and it is FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Bradbury noted that he was very pleased to make this recommendation to the Board. This is a four year contract, replacing a contract that expired last year. Mayor Feinstein noted that the difference in the contract is that this one has a four year term. She expressed her thanks to the staff and the association for their hard work putting this contract together. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 22, 2008 Page 16 Mr. Bradbury was called upon for the Administrator's Report. ADMINISTRATOR'S REPORT Mr. Bradbury gave an update on the Village Hall project. A kick off meeting was held and the process has begun. Mr. Bradbury noted that there is now Con Edison link on the Village's website. There is information on staying cool and how to save money. There are programs and activities listed. Mayor Feinstein noted an Open Meetings Law Workshop was held prior to the Board meeting. The Open Government Law and the Freedom of Information Act were discussed. DISCUSSION ITEMS (1) TERM LIMITS FOR THE MAYOR AND TRUSTEES Mayor Feinstein noted that the length of terms was raised several years ago. She felt very strongly about changing the length of terms for the Board of Trustee Members and the Mayor because in her opinion a two year term was not sufficient. Legislation was passed and the community passed the referendum in March 2008. Now she asked that the Board consider limiting the terms for both the Mayor and the Trustee members. The Board members are volunteers. This change will encourage individuals to step up to the plate and run for public office. Turn over is good and it energizes people. She asked that a dialogue be opened concerning limiting the terms. She felt that three terms, nine years, was sufficient. This should apply to consecutive terms. Trustee Rosenberg agreed with Mayor Feinstein in that serving the Village as a Board member for nine years is sufficient. He also noted that the Board members are elected officials and the elections also determine the length of time a person can serve. Board of Trustees Meeting July 22, 2008 Page 17 Trustee Santon felt that nine years is a long time. He noted that he felt that a two-year term was better than the three-year term, but this change has been made. At some point people go back to their lives. Trustee Romano noted that she would support three terms. Trustee Brown noted that these are volunteer positions. He felt that nine (9) years is a very long time. He also felt that the terms for Trustee and Mayor should be kept separate since a Trustee could serve for two terms and then run for Mayor. That would mean that they could only serve one (1) term as Mayor. Trustee Santon noted that there are committees that have had members serve for fifteen (15) years. He felt that the Village should also consider limiting those terms. Trustee Rosenberg noted that there was an article recently that pointed out that Port Chester has a large number of openings on their boards and they do have term limits for some of their boards and commissions. No one wants to see that happen in Rye Brook. Mayor Feinstein asked the Board to consider if they wished to pursue this matter. Trustee Santon suggested returning to the two year terms. Mayor Feinstein called upon members of the public wishing to address the Board. Mrs. Lori Funtlyder of 13 Beechwood Boulevard addressed the Board. She noted that she and her husband had an application before the Board which was recently approved and they are now beginning construction of their home. She pointed out that the permit fee formula has recently changed and these changes were ratified at the last meeting. Although she stated that she agreed with the intent, and that there was a need for a change, having reviewed the changes she found that the changes overestimate the costs and puts a financial burden on the applicants. She concurred that the $220.00 per square foot was a reasonable figure for the first and second floor of living space. However, garages cost approximately $100.00 per square foot to construct and the new fee structure factors in garages and basements as living space. She felt that the Village had depended upon a company that specializes in commercial construction and not residential construction. The changes made cost residents thousands of dollars. A tremendous amount of research goes along with the plans for construction. Mrs. Funtlyder noted that she Board of Trustees Meeting July 22, 2008 Page 18 learned that it cost approximately $50.00 per square foot to construct a finished basement. Mr. Bradbury responded to the concerns. He noted that previously applicants and their representatives came in with low figures. The Village has been aware of this for some time. The goal was to find the reasonable value for the cost of construction, and base permit fees on that. Basically the process that was decided upon utilizes a software program that looks at residential construction, not commercial construction. The Village understands that some projects cost more than others; for example it costs more to construct a bathroom versus construction a bedroom. The end result was values that are reasonable, and actually more on the conservative side. The Village is now able to calculate an accurate and fair rate. Since the matter has been raised by a resident, the Board can reconsider the prices/fees for the basements and garages. Mayor Feinstein noted that a lot of work and research was done prior to the changes being made. She noted, however, that the matter could be revisited and directed Mr. Bradbury to investigate the cost of construction of a basement and garage area and then look at the fees that have been proposed to ensure that they are fair. Trustee Santon disagreed with revisiting the matter. He felt that that the changes were fair and accurate. He noted that the intent of making the changes was come up with a per square foot cost that would be fair to the Village and all of its residents. In the past the Village's Staff has relied on the applicants' professionals and, unfortunately, applicants have been putting low figures. It has been found that applicants have been putting in low ball numbers. Trustee Rosenberg noted that there was a need for equity and if a resident felt that the fees were off balance then reviewing the matter should be the next step. Mr. Bradbury should review the costs associated with the construction of basements and garages, etc. Trustee Santon noted that no one builds a basement with 10-foot high ceilings for storage. At some point someone will finish the area. They turn into the basement areas into playrooms, gyms, screening rooms. Trustee Brown felt that this was a blended rate. He also agreed that exploring this further was worthwhile. The Village was losing a tremendous amount of revenue because of the underestimated costs that the builders were putting on their applications. Board of Trustees Meeting July 22, 2008 Page 19 A former resident of 18 Rockinghorse Trail, who is a builder, addressed the Board. He noted that a home that he built for himself, and then sold was used as an example for the new fees. He stated that he was shocked to see the inaccuracies. Although he understood the need the Village has to bring in revenue, it is unfair to burden the residents. He also felt that the fees were too high. He noted that as a contractor he knew what the cost of excavating for a basement and the numbers listed by the Village were too high. He asked that the information regarding 18 Rockinghorse Trail be corrected. Trustee Sanders Romano noted that bathrooms are more expensive to build than bedrooms and yet the fees remain the same for all living space on first and second floors. She did not support a review of this matter. Mrs. Funtlyder felt that grossly over-estimating the costs is unfair. Mayor Feinstein noted that the intent of the changes were to make things fair. She stated that staff would be directed to review the matter and report back to the Board with the findings. Trustee Santon noted that if the applicants had put down the actual costs the changes would not have been necessary. In looking back it was found that the honor system did not work. The Village was forced to come up with a formula to use when calculating permit fees based upon construction costs. Mr. Bradbury noted that several approaches were reviewed to come up with the cost of construction. He also felt that the changes were fair, but if the decision of the Board was to take another look at this staff would comply. Mayor Feinstein noted that the conversation has exhausted itself. There were no guarantees offered, but only that the fact that the Village would revisit this matter. Mayor Feinstein called upon the remaining members of the public wishing to address the Board. Richard Abel addressed the Board. He noted that he has been watching five (5) municipalities over the years and this was the first time he had seen a meeting held to explain and discuss the open meetings law. He was also very impressed that Rye Brook would consider discussing limiting the number of terms for Board Members and the Mayor. As everyone knows, he was against lengthening the terms, but sometimes public servants stay too long and a term limit is definitely Board of Trustees Meeting July 22, 2008 Page 20 the way to go. This change could increase community participation and it is admirable that Rye Brook would consider such a change. Mr. Abel suggested an issue that Rye Brook should look into. He noted that ten (10) years ago something happened in an area of Port Chester when a restaurant went from being a restaurant to an adult club. He suggested that Rye Brook review its Code to ensure that something like this can never happen. Changes should be made to the Code now before an issue ever arises. Trustee Romano noted that revisions to the Zoning Code have been suggested by the Planning Board. She hoped that this matter would be put on the Board of Trustees agenda in the near future for a discussion item. Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for August 12, and August 26, 2008. Mayor Feinstein noted that the Board would be holding an Executive Session regarding personnel and performance reviews. She called for a motion to adjourn. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the meeting was adjourned at 10:30 p.m. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 22, 2008 Page 21