Loading...
HomeMy WebLinkAbout2008-08-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, AUGUST 12, 2008-7:30 P.M. AGENDA 7:00 PM– Executive Session– Personnel Employment Agreements ROLL CALL PLEDGE OF ALLEGIANCE 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 2. Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road 3. Public Hearing regarding a local law to amend the zoning map of the Village of Rye Brook to expand the H-1 District 4. 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 Street 2. Considering a local law to amend the zoning map of the Village of Rye Brook to expand the H-1 District Board of Trustees Meeting August 12,2008 Page 1 3. Setting a Public Hearing and referring an application by Reckson for a proposed site plan amendment to the Village Planning Board for a Report and Recommendation 4. Authorizing the 8th Annual Valley Terrace Block Party 5. Considering the authorization for the use of Village Streets for Win Ridge Realty, LLC to conduct their annual Thanksgiving Holiday Parade 6. Considering authorization for a water quality improvement project for the East Branch Blind Brook Stormwater control project — Edgewood Drive detention basin 7. Considering a local law to amend Chapters 250 and 179 of the Village of Rye Brook Village Code regarding powers, duties, and procedures of the Zoning Board of Appeals 8. Setting a Public Hearing on a proposed local law to amend Chapter 100 of the Village of Rye Brook Village Code regarding Certificates of Occupancy fees 9. Considering extension of Contract #07-01; Street Tree Pruning and Removal Services 10.Considering a modification of the license and permit fee schedule regarding fee for work without a permit 11.Considering a new employment agreement between the Village of Rye Brook and the International Brotherhood of Teamsters Local 456 12.Considering compensation of certain non-union employees effective June 1, 2008 13.Considering the cancellation of the August 26, 2008 Board of Trustees Meeting ADMINISTRATOR'S REPORT DISCUSSION ITEMS Board of Trustees Meeting August 12,2008 Page 2 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: August 26 and September 9, 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 Robert Bertolacci, Parks and Recreation Superintendent Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Mayor Joan L. Feinstein called the August 12, 2008 regular meeting of the Board of Trustees to order. She noted that there was a busy agenda before the Board, but with the consensus of the Board, she would be taking two items out of order. Mayor Feinstein stood at the podium and called upon John Swick. It was noted that John has been an employee of Rye Brook, in the Parks and Recreation Department, for many years. He started out as a camp counselor-in-training at the age of 13 and worked his way up to Recreation Leader. John has accepted another position in Eastchester and has tendered his resignation. Mayor Feinstein noted that on behalf of the Village she was presenting John with a Proclamation for his dedicated service to the Village of Rye Brook over the past 16 years. Mayor Feinstein noted that John has been a valuable employee and on behalf of the Board and the residents he was congratulated on his new position. Mr. Swick thanked the Mayor and the Board for giving him the opportunity to work for the residents of Rye Brook. Next Mayor Feinstein called upon Larry Lupo, and presented him with a Proclamation for his years of service on the Port Chester Board of Education. She Board of Trustees Meeting August 12,2008 Page 3 noted that Mr. Lupo served on this Board for the past twelve years with dedication and enthusiasm. His work on this Board helped to enhance the quality of education experienced by the students of the Port Chester School District. Mayor Feinstein pointed out that serving as a member of the Port Chester Board of Education is a volunteer position. Mr. Lupo extended his appreciation and gratitude for the proclamation presented to him by Mayor Feinstein to the Village Board and the residents of Rye Brook. Mayor Feinstein, with the consensus of the Board, called for two (2) additional matters out of order of the agenda. Prior to calling for the first public hearing, Mayor Feinstein called for Resolution # 4: RESOLUTION: 4) AUTHORIZING THE 8TH ANNUAL VALLEY TERRACE BLOCK PARTY Mr. Christopher J. Bradbury, Village Administrator, read the following resolution: RESOLUTION AUTHORIZING THE 8th ANNUAL VALLEY TERRACE BLOCK PARTY RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Blvd. for the Valley Terrace block party on Saturday, September 6, 2008 (rain date of Sunday, September 7, 2008) is hereby approved with the terms to be established by the Rye Brook Police Department. Mayor Feinstein questioned whether or not this matter has been coordinated with the Police Department. It was noted that the police have been informed of the Block Party. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Michael Brown, the resolution was adopted. Board of Trustees Meeting August 12,2008 Page 4 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 Mayor Feinstein called for item #5 under Resolutions on the agenda: 5) CONSIDERING THE AUTHORIZATION FOR THE USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, LLC TO CONDUCT THEIR ANNUAL THANKSGIVING HOLIDAY PARADE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION FOR THE USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, LLC TO CONDUCT THEIR ANNUAL THANKSGIVING HOLIDAY PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 28, 2008 for the annual Thanksgiving Day Parade along the route described in the letter dated July 30, 2008 from Ashley Trimble, Assistant Property Manager for Win Ridge Realty, LLC; and BE IT FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. Mayor Feinstein noted that this matter has also been coordinated with the Police Department. Board of Trustees Meeting August 12,2008 Page 5 On a motion made by Trustee Sanders Romano, and seconded by Trustee Dean Santon, the resolution was adopted. 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 Mayor Feinstein returned to the order of the agenda, and called for the first public hearing: 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 that this was a continuation of a public hearing that was opened and adjourned at the prior meeting. This matter is currently before the Zoning Board of Appeals. David Laub, Esq. and Anthony Gioffre, Esq. of the firm Cuddy & Feder, addressed the Board as legal counsel for the applicant. Mr. Laub began the presentation by noting that the applicant appeared before the Zoning Board of Appeals on July 1" and has been granted the required variances. The applicant has agreed to incorporate additional landscaping — both in the front of the proposed addition and on the New York State portion of the property. The applicant has worked with the Village to mitigate the visual effects of the proposed addition. A revised landscaping plan is being prepared. In addition, the storm water retention plans have been revised. Board of Trustees Meeting August 12,2008 Page 6 Mayor Feinstein stated that it was her opinion that the public hearing should remain open. She felt that the landscape plans should be reviewed and the additional information should be placed on the Village's website. Trustee Dean Santon noted that he has raised the question regarding how long the additional landscaping planted on the State's property would be allowed to remain. He noted that the applicant could not assure that it would remain forever, and could only comment that the State was allowing them to install the plantings during the construction of the mausoleum. Mr. Laub noted that the New York State Thruway Authority has received all of the plans and has not raised an objection. As everyone is aware, no one has control over what the State does with its property, however) Mr. Laub noted that since the construction of I287 New York State has not used the property at all. Trustee Santon noted that the evergreens that have been proposed by the applicant become top heavy over the years. This would mean that there would be no screening from the bottom portion of the tree. He felt that a deciduous leaf bearing tree would be better. Marilyn Timpone Mohamed, Village Consultant, agreed that there is no assurance that the New York State Thruway Authority will not come in and take the trees down a year after they have been planted. She also noted that landscapes do not last forever. They are installed to a specific purpose for a specific plan. The initial planting is the first step. Next comes the growth and management period, followed by renewal. The trees will eventually get tall and get old. Street trees are renewed in the same way. Landscapes have to be renewed and maintained. When a tree becomes large enough and becomes a hazard it must be replaced with a younger tree. The intent here is to provide layers of trees. She noted that the best solution for the New York State property would be to allow it to go natural. Trustee Santon reiterated his opinion that evergreens were inappropriate. He said that he would prefer to look at a tree without leaves in the winter than a stalk of a tree years down the road. In addition, Trustee Santon noted that pine trees also become top heavy. Ms. Timpone Mohamed stated that trees in a forest lose their branches because they do not get sunlight. These trees will not be planted that close Board of Trustees Meeting August 12,2008 Page 7 together and this may not happen here. She noted that she felt comfortable with a mixture of trees. Trustee Santon noted that he did not see any flowering trees. Mr. Laub responded that the applicant planned on planting a mixture of trees. There will be large shade deciduous trees — maple, oak, red maple, and dogwoods as well as interspersed with azaleas and similar shrubs. Mayor Feinstein called for members of the public wishing to address the Board in support or opposition to the application. There being no one, she turned to the Board members for additional comments and questions. Trustee Paul Rosenberg stated that from the start he had concerns about the bulk of the building. He thanked the applicant for scaling back the project, and for agreeing on the additional landscaping which will screen the building. Trustee Sanders Romano noted that she was very interested in what would be planted on both the cemetery property and on the State property. She looked forward to viewing the completed landscape plans. Mayor Feinstein stated that the approval of the resolution could be conditioned upon the approval of the landscaping plan. She asked if the applicant would have the landscaping plans completed by the September 9tn meeting. Mr. Gioffre noted the applicant believed that the plans would be completed by the end of the week, and requested that the matter be placed on the agenda for September 9t'. Trustee Santon noted that if the revised plan were not completed by that date the Board of Trustees could adjourn the matter to the next meeting. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was adjourned to September 9, 2008. Mr. Burke called the roll: Board of Trustees Meeting August 12,2008 Page 8 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 Mayor Feinstein called for the next public on the agenda. 5. PUBLIC HEARING TO CONSIDER A SITE PLAN AND SUBDIVISION APPLICATION BY KF ("RYE BROOK"), LLC FOR A PROPOSED DEVELOPMENT ON ANDERSON HILL ROAD Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the public hearing was declared open. Mayor Feinstein noted that the representatives for the applicant were in attendance. She gave a brief presentation on the background of the application, noting that the 30-unit residential development was proposed for property located at the corner of King Street and Anderson Hill Road. The project is being called Kingswood and it has been scaled back from its original 43 units. At one time the project consisted of a 125-room hotel. Through negotiations a stipulation of settlement was reached giving approval for a 43-until residential development. If, for any reason, agreement on final plans for the residential development could not be reached, the project would revert back to the hotel. It was noted that the Board of Trustees has the final approval authority over this application, and the Village of Rye Brook is happy that this application is moving along. Mayor Feinstein opened the public hearing and called upon the applicant's representatives. John Wagner, Esq., legal counsel for the applicant, addressed the Board. He thanked Mayor Feinstein for her overview of the application. Mr. Wagner began his presentation by noting that a memo has been received from the Village's Consultant, Dolph Rotfeld regarding engineering issues, and a second memo was received from the office of Frederick P. Board of Trustees Meeting August 12,2008 Page 9 Clark Associates. The applicant has been working to address the memos and the comments made at the Planning Board, and to prepare the final plans for this project. Mr. Wagner noted that the applicant was also addressing a letter received from the neighbor — the Blind Brook Club. A discussion regarding engineering, storm water retention, and landscaping issues have taken place. Mr. Wagner noted that the biggest issue with this application is the wetlands on the site. He called upon Beth Evans of Evans Associates to discuss the wetlands. Ms. Beth Evans, of Evans Associates Environmental Consulting, addressed the Board. She noted that she has been working on the property for many years and, as everyone is aware, there is a large wetlands on the property. The applicant has done its best to keep the construction related impacts to a minimum in order to protect the wetlands. The mitigation requirements have been met, and the proposed development protects the integrity of the wetlands. At the end of this project the wetlands will be functional and viable. The objective is to protect water quality, habitat, and the adjacent property owners. There are two storm water quality basins that have been proposed. Storm water will be directed to those basins and released slowly into a stream channel that runs along the southern property line. The basins will be fully landscaped and will be temporary treatment basins, not permanent ponds. At the end of the day there will be no adverse impacts to the adjoining properties or the storm water retention levels. Mayor Feinstein questioned whether or not there would be fencing around the detention basins. Ms. Timpone Mohamed noted that during its review the Planning Board was concerned about the basins being a hazard and recommended that the Village Board consider requiring fencing. Ms. Evans reminded the Board that these are not permanent ponds, and noted that the basins are fully landscaped around the King Street side, however, if they Village felt that it was necessary the applicant would incorporate fencing among the plantings. Trustee Santon questioned how much water would be held in the detention basins after a heavy storm. Ms. Evans asked the engineer for the project to address this matter in more detail. Board of Trustees Meeting August 12,2008 Page 10 Mr. Michael Maranus, Engineer for the project, addressed the Board. He noted that the Village's Engineer has reviewed the two permanent areas proposed for the detention basins. At this point the design elevation is approximately 3-%' deep in two (2) small sections. He stated that on a permanent basis there will not be water in the basins. The applicant is proposing fencing but is waiting for feedback on the type of fencing from the Village. It was noted that whatever the Village deemed appropriate would be acceptable to the applicant. Mayor Feinstein called upon members of the public wishing to address the Board in connection with this application. Mayor Feinstein asked for confirmation that these will be single family homes. Mr. Wagner noted that the buildings will be treated as condominiums and there will be a homeowners association. The Homeowners Association will own the common areas, but the units will be owned by individual homeowners. Edward Beane, Esq., Village Counsel, noted that condominiums are treated as income units. He suggested that the Village review the plans in more detail and asked Mr. Wagner to share the proposed offering plan with the Village. Mayor Feinstein addressed the issue of a gatehouse. She noted that she did not have a problem with the gatehouse, but did have a problem with the gate. Trustee Rosenberg noted that he agreed with Mayor Feinstein on this issue. Trustee Santon noted that he did not have an aversion to gates as there were other communities in the area that are gated communities. He requested that this matter be reviewed by emergency services to ensure that the gate would not cause a safety issue. Mr. Wagner noted that the applicant has been reviewing comments concerning the gates. The applicant feels that the gates add to the community, and the gates are an important component of the development. He asked the Village Board review the new plan when it is completed as this is a very important aspect for the market that the applicant is trying to reach. Board of Trustees Meeting August 12,2008 Page 11 Trustee Sanders Romano noted that the Planning Board reviewed the matter of the gatehouse and gates in detail. One of the recommendations was that the gatehouse be staffed 24 hours per day, seven days a week. Trustee Michael Brown stated that he was not adverse to the installation of a gate; however, he agreed that emergency services must address this issue. He addressed the issue of the Home Owners Association. He wanted to be certain that common areas will be managed by the H.O.A., and that they will be in charge of snowplowing, street cleaning, etc. Mr. Wagner stated that the idea of the condominium arrangement was to have the overall site management — one entity that is responsible for maintaining the whole and support by the whole. He also noted that safety is an important issue for the applicant and noted that a meeting has been scheduled to discuss this matter. Mayor Feinstein noted that the location of the tennis court was unusual. Constructing a tennis court in the middle of the properties was atypical, and as a tennis player she found it to be a strange location. Mr. Wagner noted that whoever buys the units will know that the tennis court is there. A pool was considered, but the applicant decided upon a tennis court. Trustee Santon felt that the tennis court in the center of the homes was odd, but the tennis court is an amenity and everyone likes amenities. Lucille Rodman Pinster of Doral Greens addressed the Board. Ms. Rodman Pinster stated that she has lived at Doral Greens from the beginning, and she loves it there. Doral Greens proposed two tennis courts, a swimming pool, a clubhouse, and gatehouse. There is enough open property to construct on at Doral Greens. People do like amenities and they will take whatever they can get. Mayor Feinstein questioned sound proofing for these homes. Ms. Michelle Lee, of Sullivan Architecture, addressed the Board. She noted that as far as sound proofing goes there are several components that will provide benefits to the home owners. The windows, the walls and roof all have to work together. The attic space will have R30 insulation and the walls will be 6" wood frame with R19-R21 insulation. The windows will also have energy features, such as argon Board of Trustees Meeting August 12,2008 Page 12 gas between the panes of glass. There will be 6" walls. All of these features work together in concert to provide sound proofing. Trustee Rosenberg noted that the sound proofing was for the home owners in connection with the airport. BelleFair sound proofed the homes and he felt that it might behoove the applicant to speak with Spectrum Skansaka who developed BelleFair to see what sound proofing techniques they used. They should also discuss this matter with the Village's Engineer. Trustee Sanders Romano agreed. She noted that she lives in BelleFair and that there is quite a difference in the level of sound when she is inside her home versus outside. Trustee Santon questioned the lighting. He personally did not see the need for street lighting. Other streets in Rye Brook do not have lighting. There is sufficient lighting at the entranceway for Doral Greens, the Blind Brook Club, Arrowwood, the hotel. He felt that there was no need for 50' tall street lights. Mr. Wagner discussed the lighting issues. He noted that lighting was addressed at the Planning Board in some detail. The applicant is attempting to create a delicate balance which would provide some benefit to the both entry ways. A number of scenarios have been considered and discussions with Doral have taken place. The plans consist of four (4) street lights around the entrance. Two (2) point forward towards the street and two (2) are back on the curb a little bit. The lights are on a 10' pole and the fixture is at the top of the pole. These are 100 watt fixtures. There are diagrams that show the illumination that come off of the fixtures. The applicant does not want to change the character of the area and make it look like a runway. Mayor Feinstein noted that Doral needs to be comfortable with the lighting. Trustee Santon stated that Doral has done what they needed to do to light their own entrance and he felt that the applicant should not be required to make improvements across the road. Trustee Santon noted that the chimneys are excessively protruding above the rooflines. Mr. Wagner noted that the applicant has worked on this issue. He stated that this is a balancing act—there are code requirements and height requirements that the applicant is complying with. Board of Trustees Meeting August 12,2008 Page 13 Trustee Santon questioned which units would have impact for the driving range. The construction plans have been modified. Mr. Wagner stated that there is a concern regarding three units. The constructions of the decks and sewer connections have been modified in response to the Club's concerns. The visual concerns have also been addressed. Mr. Buddy Johnson, landscape architect for the applicant, addressed the Board. He noted that he met with the Blind Brook Club to mitigate the problems that might exist. Mr. Les Kennedy from the Blind Brook Club indicated the areas of concern. The plans are being drawn up. Trustee Santon noted that the golf course was seeking netting. He noted that no one really wanted to see a net and he hoped that there would be landscaping instead. Mr. Johnson noted that no one wants to see a net put up. That would be the last resort. Mayor Feinstein addressed the issue of sidewalks. Mr. Wagner noted that the applicant does not favor sidewalks, nor do the residents of Doral Greens. Mr. Bradbury noted that there are sidewalks on the eastern side of King Street. There is a bus stop in that area. Trustee Sanders Romano noted that this is a pleasant area. She noted that she is in favor of sidewalks in communities where they are needed and useful; however sidewalks in this area would take away from the character of the area. Mr. Nicholas Lyras, the president of the Doral Greens Home Owners Association, addressed the Board. He noted that there are four issues that the residents of Doral Green are concerned with. The issues have been discussed at the Planning Board level. The first issue is the gate, which Doral Greens is opposed to. There are emergency service access concerns and a turning issue concern depending on how far back the gate is constructed on Anderson Hill Road. Having cars backed up into Anderson Hill Road would make it difficult to turn into Doral Greens. The second issue is street lighting. The residents of Doral Greens are worried about people coming out of the two entrances at the same time. People should be able to clearly see what is going on opposite them. The third issue is the landscaping that is proposed for the Anderson Hill side of the new project. They want to make sure that the back of these homes are properly screened because they will face the front of some of the homes in Doral Greens. The fourth issue is the sidewalks. Doral Board of Trustees Meeting August 12,2008 Page 14 Greens does not see the value of constructing sidewalks in this area. The corner of King and Anderson Hill is a very dangerous corner, especially with Frank's Frank there. Now that their lease is up the residents of Doral Greens hope that this corner will be cleaned up and improved. Trustee Brown asked if there was sufficient room for a school bus to make its pick up if families with young children purchase these units. It was noted that two (2) computer simulations have been submitted for vehicles entering the site. The entrance was adjusted and there is sufficient room for a school bus to maneuver as there is a loop road. Trustee Santon noted that the school district designates where the bus stops are. People don't usually get picked up at their front doors so the school bus stop could potentially be on Anderson Hill Road. Trustee Santon asked that the plans be made available for review on the Village's website. He reiterated that the Board of Trustees is the lead agency. Trustee Rosenberg asked what will happen to the area that Frank's Franks has been leasing. Mr. Wagner noted that there would be landscaping added to this area. Now that this issue has been raised it will be addressed. The president of King Merritt Home Owners Association, Mr. James Mitchnik, representing 230 families who live in this adjacent development, addressed the Board. He noted that the relationship between Greenwich and Rye Brook has improved over the years. He stated that he was monitoring this project to protect these 230 families. When Bellefair was proposed the number of units was asked to be reduced to ensure that traffic would not be a problem. As it turns out, traffic was not a problem — derision and runoff was, and this continues to be a problem. The residents of King Merritt do not want another Bellefair situation. He requested that three (3) areas be covered: a. Engineered erosion plan to protect all the adjacent residents of both Rye Brook and Greenwich. b. Well designed traffic plan that will maintain or reduce the flow of traffic in the King Street/Anderson Hill corridor. Presently the residents of Stonehedge North cannot turn right or left in the Board of Trustees Meeting August 12,2008 Page 15 morning because of the traffic. This development may acerbate this problem. c. Environment Impact Study should be completed to safeguard the wetlands, minimize noise, prevent air and soil pollution. The Project should enhance the King Street border. Mayor Feinstein noted that the Environment Impact Study has been completed. Mr. Bradbury noted that the relationship between Rye Brook and Greenwich has approved. Greenwich is provided with updates on this project on a regular basis and copies of all of the environmental documents have been provided to the Greenwich officials. Trustee Santon noted that the 230 families in King Merritt development should be happy with the residential development versus the construction of a hotel. As a resident of this area Mr. Mitchnik noted that this project is preferable to a 125 room hotel. It is a far better solution to the prior projects proposed for this property. He also noted that Greenwich controls the traffic signal at the Anderson Hill Road and King Street, and that preventing right hand turns on red does backs up traffic. Mr. Les Kennedy from the Blind Brook Club addressed the Board. He noted that the Blind Brook Club had a very productive meeting with the applicant and its representatives. At this time they are waiting for the proposals that will solve the problems to be put in place. Mr. Robert J. Richardson, resident of 67 Bowman Drive in Greenwich, addressed the Board. He agreed with Trustee Santon that this project is much better than the proposed hotel. The residents of Greenwich are in favor of the project as it represents a substantial improvement; however, one aspect disturbs them. That aspect is the proposal to extend the H-1 District to cover the site on which two of the buildings will be located. He felt that this was an example of spot zoning, which is illegal in New York and Connecticut. He felt that once this project has been completed the entire site should be appropriately zoned as it will be a site for 30 families and not for a hotel. He suggested that the property be rezoned immediately after the Certificates of Occupancy have been issued. Board of Trustees Meeting August 12,2008 Page 16 Trustee Santon noted that cluster housing cannot be constructed in an R- 2 Zone. He stated that he was in favor of changing the zoning to something other than H-1. Mayor Feinstein reminded everyone that there is a stipulation agreement in place, and changing the zoning is part of it. If the housing project is not approved then the applicant has the right to construct the hotel. Edward Beane, Esq., Village's Counsel, noted that this was an interim step in connection with the stipulation agreement. The H-1 District would not be there forever. This was simply a means to an end. In order to modify the stipulation agreement both parties would need to agreed on the changes. Mayor Feinstein noted that as additional plans were being prepared she felt that the public hearing should remain open to the September 9th Board of Trustees meeting. She called for a motion to adjourn the public hearing On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the public hearing was adjourned. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for a brief recess. Upon the Board's return, Mayor Feinstein called for the third public hearing on the agenda: 3) 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 August 12,2008 Page 17 Mayor Feinstein called for a motion to open the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was opened. Mr. Beane noted that, for the record, the amendment must be done as part of the stipulation agreement. This amendment is required in order to facilitate the design of the residential development. He stressed that under no circumstances is this a permanent zone. Trustee Santon asked what happens if the project reverts to a hotel. Mr. Beane noted that the applicant would get the benefit of the H-1 zoning. Trustee Rosenberg also felt that as soon as the Certificates of Occupancy are approved for the residential units the zoning should be changed. This was the consensus of the Board. Mayor Feinstein called for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the public hearing was closed. Mayor Feinstein called for the resolution on this matter. RESOLUTION 2) CONSIDERING A LOCAL LAW TO AMEND THE ZONING MAP OF THE VILLAGE OF RYE BROOK TO EXPAND THE H-1 DISTRICT WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 250 of the Village of Rye Brook Village Code regarding the H-1 Zone; and WHEREAS, the local law was referred to the Westchester County Planning Department for comments and comments were received on August 4, 2008; and WHEREAS, the Planning Board recommended expansion of the H-1 District to include all of Lot 13, Block 1, Section 129.35 which is currently partially in the H-1 District and partially R-20 District to facilitate the orderly development of the lot and a draft local law to expand the H-1 District was prepared; and WHEREAS, a draft zoning map that includes the location and limits of the expanded H-1 District was prepared; and Board of Trustees Meeting August 12,2008 Page 18 WHEREAS, a public hearing on the matter was conducted on August 12, 2008. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, as Lead Agency for the review of the proposed local law pursuant to the requirements of the State Environmental Quality Review Act, and after review of the EAF and due deliberation, finds that such local law will not result in any significant adverse environmental impacts; and BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts a Negative Declaration for the reasons stated herein, hereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the draft zoning map and local law amending Chapter 250 of the Code of the Village of Rye Brook to expand the H-1 District are hereby adopted. On a motion by Trustee Santon, and seconded by Trustee Brown, the resolution was approved. Mayor Feinstein commented on the necessity of this amendment. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Deputy Mayor Paul S. Rosenberg Voting Aye Mayor Feinstein called for the final public hearing on the agenda: 4. PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING HOME OCCUPATION PERMIT Mayor Feinstein noted that this was a continuation of a public hearing. She called upon Mr. Bradbury for an update. Board of Trustees Meeting August 12,2008 Page 19 Mr. Bradbury noted that the Village Board has discussed this issue for a number of meetings. A referral was made to the Planning Board to review this portion of the Village's Code. Proposed amendments were made in response to comments made, and now additional feedback is required. To be addressed are the number of visits per hour and per day, special use permits, the numbers of employees, hours of operation, traffic, parking and screening. Mr. Beane noted that in order to operate a Home Occupation you must be a resident. He also pointed out two (2) additional major changes. The first was a change in the hours of operation and the second was a change in the number of visits per week. Another section deals with home occupations that have not complied with the annual registration. This section says that their failure to re-register their Home Occupation means non-renewal. It means that these home occupations no longer exist. Mr. Beane noted that there was a six month grace period. Anyone not registered can still do so without penalty—this is a grace or amnesty period. He requested additional input from the Board and suggested that this matter be adjourned to the September 9th Board of Trustees meeting. Mayor Feinstein noted that the Village is aware of several home occupations that have not re-registered. She wanted to be sure that the changes being made to the Village Code were fair. Mr. Beane responded that if there is a Home Occupation that has been there before the law went into effect and it was grandfathered and they come in for renewal now, they would still be grandfathered. They must take advantage of the amnesty provision to put themselves in compliance. The six month amnesty period is being extended to those individuals who have previously registered. There is a difference between renewal and registering. Trustee Santon stressed the fact that people need to comply with the Village's Code. He felt that the residents who have fallen under the radar and never registered should be not granted the six month amnesty period. Mr. Beane noted that the amnesty period applies to those home occupation uses that previously applied but did not re-register. He pointed out that the impact hits with a Tier III Home Occupation when reviewing the regulations we find that they are no longer a Tier III. He felt that the application and process for Tier II and Tier III should be identical. The Board of Trustees should be the Board to decide what to do at both levels. Board of Trustees Meeting August 12,2008 Page 20 Based on what the applicant says the Board of Trustees will decide whether or not site plan approval is required. Trustee Santon felt that residents have been given more than enough time to comply with the Village's Code and that for whatever reason they have not come in and registered their home occupation. He reiterated that they should not be granted amnesty for not re-registering. Mr. Beane noted that if a home occupation has never registered, then the amnesty period does not apply because they were never legalized. The impacts of a Tier II and Tier III home occupation are reviewed at the time of application. This review includes parking impacts, lighting, number of employees, and noise impacts. The list is longer for Tier III than it is for Tier II. Trustee Brown stated that he preferred that the residents appear before the Board of Trustees for application review. He noted that at that time they will be required to disclose the numbers of employees, hours, numbers of visits per hour, and whether or not they had previously registered. Mr. Beane stated that the consequences and the standards must be the same for everyone. Trustee Rosenberg felt that this matter should be heard at the Board of Trustee level so that it can be aired in public. He stated that he was in favor of grandfathering in order to be fair to those people who have previously gone through the process. Trustee Sanders Romano noted that she had a real problem in that those people who have not followed the law would be receiving the benefit of the grace period. There are people who have been operating businesses illegally for many years; people who were aware that they needed to apply for a permit. These individuals should not be allowed to participate in the amnesty program. Trustee Santon echoed Trustee Sanders Romano and Trustee Brown's concerns. He felt that the amnesty program should not be extended to those individuals who have not complied with the Village's code. The Home Occupation Law has been in effect for several administrations and people should know about it. There is public awareness that comes from the Board of Trustees level. The public needs to be aware of these uses and the required permits. These home occupations are located in residential zones and the first obligation of the Board of Trustees is to protect the quality of life of the residents. Board of Trustees Meeting August 12,2008 Page 21 Mayor Feinstein addressed the numbers of visits per day. She noted that a Tier II is allowed five visits a week—one per day. She felt that the hours of operation could be less restrictive. Trustee Santon noted that Tier II is limited to five visits per week which makes it low impact. Mr. Bradbury reviewed the suggestions and comments as he heard them, which included grandfathering, Tier II and up should be heard by the Board of Trustees, keeping a distinction between Tier II and Tier III, precluding residents who have not previously registered their home occupation from participating in the amnesty program, and setting up a threshold. Mr. Bradbury noted that with each application you look at the impact. If an applicant is doing construction and needs site plan review then they are referred for review. Mr. Beane noted that the Board of Trustees would have the discretion of whether or not a referral should be made on a particular application. Richard Abel of the Westmore News questioned how many complaints the Village received regarding Home Occupancy. He noted that a lot of time has been spent on a small problem. It was noted that the members of Board of Trustees receive calls and emails on this matter throughout the year. In addition, residents contact the Building Department to report incidents. The matter of Home Occupations has been before the Village for many years. Trustee Santon reiterated that the Village must protect the residents of the Village. These business are run out of residential districts and it is a privilege to be granted a Home Occupation permit. Mayor Feinstein called for a motion to keep the public hearing kept open. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the public hearing was adjourned. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul 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 August 12,2008 Page 22 Mayor Feinstein called for resolution#3: 3) SETTING A PUBLIC HEARING AND REFERRING AN APPLICATION BY RECKSON FOR A PROPOSED SITE PLAN AMENDMENT TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING AND REFERRING A PROPOSED SITE PLAN AMENDMENT BY RECKSON TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, Reckson has submitted a proposed site plan amendment for modifications to the entryway at #2 International Drive; and WHEREAS, the Board of Trustees has final site plan authority pursuant to § 209-1(A)(1). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 14, 2008 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed site plan amendment; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the proposed site plan amendment to the Planning Board for report and recommendation. After a brief discussion the Board amended the resolution to set the public hearing for October 14, 2008 from September 23, 2008. It was noted that this matter is currently before the Planning Board. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted as amended. Board of Trustees Meeting August 12,2008 Page 23 The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING AUTHORIZATION FOR THE USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, LLC TO CONDUCT THEIR ANNUAL THANKSGIVING HOLIDAY PARADE Mr. Bradbury read the following resolution. RESOLUTION CONSIDERING THE AUTHORIZATION FOR THE USE OF VILLAGE STREETS FOR WIN RIDGE REALTY, LLC TO CONDUCT THEIR ANNUAL THANKSGIVING HOLIDAY PARADE RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Friday, November 28, 2008 for the annual Thanksgiving Day Parade along the route described in the letter dated July 30, 2008 from Ashley Trimble, Assistant Property Manager for Win Ridge Realty, LLC; and BE IT FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Board of Trustees Meeting August 12,2008 Page 24 Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye 6) CONSIDERING AUTHORIZATION FOR A WATER QUALITY IMPROVEMENT PROJECT FOR THE EAST BRANCH BLIND BROOK STORMWATER CONTROL PROJECT — EDGEWOOD DRIVE DETENTION BASIN Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AUTHORIZATION FOR A WATER QUALITY IMPROVEMENT PROJECT FOR THE EAST BRANCH BLIND BROOK STORMWATER CONTROL PROJECT - EDGEWOOD DRIVE DETENTION BASIN WHEREAS, the Village of Rye Brook has received notice of approved funding from the New York State Department of Environmental Conservation (NYSDEC) for a Water Quality Improvement Project (WQIP) for the installation of a detention basin near Edgewood Drive (Project ID No: 2003WQI6086), herein called the "Project", and has determined that the total eligible project cost shall be $473,750, with the State grant share of$218,750 and a local match of$255,000; and WHEREAS, the Village of Rye Brook and its consulting engineer have submit a work plan for this Project which was technically approved by the NYSDEC in February 2008; and WHEREAS, the Village has requested additional information from its consulting engineer in order to provide additional public outreach and education on the Project so that residential feedback on this detention basin, which would impact the landscape of the municipal property, can be appropriately received by the Village Board; and Board of Trustees Meeting August 12,2008 Page 25 WHEREAS, although the Village of Rye Brook originally approved a similar municipal resolution in support of this Project on October 12, 2004, the NYSDEC has requested a new resolution authorizing the continued support of this Project at this time; and WHEREAS, this resolution authorizing the Project is being made pursuant to the Bond Acts enacted in 1965, 1972, and 1996 and the Environmental Protection Fund, as well as federal grant awards available for such projects, and WHEREAS, the Village of Rye Brook, herein called the "Municipality", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that certain work, as described in the Project application, work plan, and attachments, appears to be desirable, in the public interest, and required in order to implement the Project; and WHEREAS, the Environmental Conservation Law ("ECL") authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith. NOW, THEREFORE, BE IT RESOLVED by the Village Board of the Village of Rye Brook as follows: 1. That the Mayor, or such person's successor in office, is the representative authorized to act in behalf of the Municipality's governing body in all matters related to State assistance under ECL Articles 17, 51 and 56 and/or any applicable federal grant provisions. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality's governing body in all matters related to the Project and to State assistance; and 2. That the Municipality agrees and certifies that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project's field work, and that all required elements of the Project will be ready to allow initiation of construction by June 30, 2009, provided the Municipality receives written approval of its application by the NYSDEC; and Board of Trustees Meeting August 12,2008 Page 26 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation; and 4. That the Pollutant Load Reduction Estimate Report will be submitted to the NYSDEC prior to December 31, 2008; and 5. That this Resolution take effect immediately; and BE IT FURTHER RESOLVED, that following additional public outreach and consideration of any additional engineering review, if the Village Board determines that it is not in the best interests of the Village of Rye Brook to proceed with this Project, the Village of Rye Brook Village Board will notify the NYSDEC by December 31, 2008 of its request to withdraw this Project from current funding from this grant. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Trustee Santon requested a change in wording so that the State would be certain that the Village is confident and ready to move forward. He also asked what was being done regarding public advocacy. Mr. Bradbury noted that a lot has been done. He reviewed steps that have been taken, and noted that the information has been provided to the Village and is listed on the Village's website. There are links to pictures of the detention basins so that residents can see what the proposed basins will look like. Mr. Bradbury noted that the Village has been doing whatever it can to ensure that the residents are aware of this project. A workshop can be scheduled to answer questions from the residents, and a letter can be sent out to the immediately effected residents. Mayor Feinstein noted that the residents will be given time to address this matter. In addition, there are concerns that need to be addressed. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Board of Trustees Meeting August 12,2008 Page 27 Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye 7) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 250 AND 179 OF THE VILLAGE OF RYE BROOK CODE REGARDING POWERS, DUTIES, AND PROCEDURES OF THE ZONING BOARD OF APPEALS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AMENDMENTS TO CHAPTER 250 AND 179 OF THE VILLAGE OF RYE BOOK VILLAGE CODE REGARDING POWERS, DUTIES, AND PROCEDURES OF THE ZONING BOARD OF APPEALS WHEREAS, the Board of Trustees is considering amendments to Chapters 250 and 179 of the Code of the Village of Rye Brook concerning the powers, duties and procedures of the Zoning Board of Appeals; and WHEREAS, the Board of Trustees is considering repealing Chapter 64 of the Village Code concerning the Zoning Board of Appeals and incorporating the former Chapter 64 into Chapter 250, Section 13 regarding the Zoning Board of Appeals; and WHEREAS, the amendments are meant to correct any inconsistencies within the code or with the New York State Village Law concerning the powers, duties and procedures of the Zoning Board of Appeals; and WHEREAS, on May 13, 2008 the Board of Trustees referred the local law to the Village of Rye Planning Board and Zoning Board of Appeals for report and recommendation; and WHEREAS, on July 1, 2008 the Zoning Board referred the local law back to the Board of Trustees with recommendations; and Board of Trustees Meeting August 12,2008 Page 28 WHEREAS, on July 10, 2008 the Planning Board referred the local law back to the Board of Trustees with recommendations; and WHEREAS, on July 22, 2008 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to spealc on behalf of or in opposition to said Local Law and the public hearing was closed on July 22, 2008; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Village Planner, determines the proposed action to be Unlisted and has issued a negative declaration thereby requiring no further review pursuant to the requirements of SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapters 250 and 179 of the Village Code and repeals Chapter 64 of the Village Code. Mr. Bradbury summarized the resolution. He noted that this matter has been reviewed by the Planning Board and the Zoning Board of Appeals. It was further noted that this section of the Village's Code is very outdated. Mayor Feinstein requested a minor change to the wording of the proposed local law. Mayor Feinstein called for a motion on the resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted as amended. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye Board of Trustees Meeting August 12,2008 Page 29 8) SETTING A PUBLIC ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 100 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING CERTIFICATES OF OCCUPANCY FEES Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A LOCAL LAW TO AMEND CHAPTER 100 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING CERTIFICATE OF OCCUPANCY FEES NOW THEREFORE BE IT RESOLVED, that a Public Hearing shall be held by the Board of Trustees of the Village of Rye Brook on Tuesday, September 9, 2008 at 7:30 p.m. at Village Hall located at 938 King Street, Rye Brook, New York to consider an amendment to Chapter 100 of the Village of Rye Brook Village Code regarding Certificate of Occupancy fees. On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. Bradbury stated that the definition in the local law did not correspond to the fee schedule. The public hearing has been scheduled for September 9, 2008. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye Board of Trustees Meeting August 12,2008 Page 30 9) CONSIDERING EXTENSION OF CONTRACT #07-01: STREET TREE PRUNING AND REMOVAL SERVICES RESOLUTION CONSIDERING THE EXTENSION OF CONTRACT #07-01 STREET TREE PRUNING AND REMOVAL SERVICES WHEREAS, on July 24, 2007 the Village Board authorized award of contract #07-01 "Street Tree Pruning and Removal Services" with Central Tree Service; and WHEREAS, the terms of the contract permit extension of the contract at the same unit prices and conditions upon mutual agreement and approval of the Board of Trustees for an additional fiscal year, term ending May 31, 2009; and WHEREAS, Central Tree Service, Inc., has adequately performed the work of the contract and offered to extend the contract for the 2008 fiscal year; and WHEREAS, extending the current contract for the same prices and conditions is in the best interests of the Village. NOW, THEREFORE, BE IT RESOLVED, that contract #07-01 "Street Tree Pruning and Removal Services" is hereby extended for an additional fiscal year term ending May 31, 2009 to Central Tree Service, Inc. for the same prices and conditions originally bid; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Trustee Rosenberg noted that the contract was being extended. This contract covers trees within the Village's right-of-way or overhanging trees. Board of Trustees Meeting August 12,2008 Page 31 If a residents notices a tree that is in need of care they should call the Village's Department of Public Works. Victor Carosi, Village Engineer, addressed the Board. He noted that the Village has planted trees in the right-of-way and this contract covers the maintenance of these trees. If there are dead branches or trees that need pruning a Village staff member goes out and reviews the matter. If the tree requires pruning or removal, it is then referred to Central Tree. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye 10)CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULED REGARDING FEE FOR WORK WITHOUT A PERMIT RESOLUTION CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING FEE FOR WORK WITHOUT A PERMIT Mr. Bradbury read the following resolution: NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule hereby be modified as follows regarding a fee for work progressed without a permit: Current Fee Schedule: Administrative Fee for work progressed or completed without Minimum$500 plus 12%of proper permits, in addition to other construction costs. fees. Recommended Fee Schedule: Board of Trustees Meeting August 12,2008 Page 32 Administrative Fee for work 12%of construction costs with a progressed or completed without proper permits, in addition to other minimum fee of$500 and a maximum fee of$3,500. fees. Mr. Bradbury noted that there was a set fee and a few years ago there was a modification. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye 11)CONSIDERING A NEW EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 456 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A NEW EMPLOYMENT AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 456 WHEREAS, the Village of Rye Brook and the International Brotherhood of Teamsters Local 456 have been negotiation for a new employment agreement; and WHEREAS, on August 1, 2008 a Stipulation of Agreement was agreed upon by the two parties; and Board of Trustees Meeting August 12,2008 Page 33 WHEREAS, in accordance with a letter agreement dated June 8, 2008, the Village has negotiated a salary step schedule for the new position of Assistant Automotive Mechanic/Laborer that will be included in the new employment agreement NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves an agreement with the International Brotherhood of Teamsters Local 456 for the period of June 1, 2007 through May 31, 2011, on the terms and conditions set forth in the Stipulation of Agreement signed by both parties on August 1, 2008, which has since been ratified by the International Brotherhood of Teamsters Local 456; and be it FURTHER RESOLVED, that the Village Board hereby approves the new title and salary schedule in accordance with the letter agreement dated June 8, 2008 and amended on July 17, 2008, that will be incorporated into the new employment agreement for the period beginning June 1, 2007 through May 31, 2011; and be it FURTHER RESOLVED, that the Mayor and 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 stated that he recommended the agreement before the Board. The term of the agreement is four years. He reviewed the amounts of contribution for health insurance, and the benefits for retirement. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye Board of Trustees Meeting August 12,2008 Page 34 Mayor Feinstein called for the next matter on the agenda: 12)CONSIDERING COMPENSATION OF CERTAIN NON-UNION EMPLOYEES EFFECTIVE JUNE 1, 2008 Mr. Bradbury read the following resolution: RESOLUTION ESTABLISHING 2008-09 COMPENSATION OF NON-UNION EMPLOYEES NOW THEREFORE BE IT RESOLVED, that the following annual salaries for the positions listed below are hereby approved effective June 1, 2008: ANNUAL TITLE SALARY Assistant to the Administrator $43,995 Asst. Building Inspector $78,476 Bookkeeper $42,236 Building Inspector $97,557 Caretaker $35,625 Communications Services Coordinator $68,077 Coordinator- Senior Services $86,095 Deputy Treasurer $85,567 General Foreman $78,732 Inter. Acct. Clerk/Typist $45,040 Junior Engineer $54,484 Office Assistant(Automated Systems) (Police) $50,178 Police Chief $126,000 Police Lieutenant $111,554 Recreation Assistant(AJP) $40,769 Recreation Assistant(Rec. Office) $49,840 Recreation Leader $46,902 Recreation Leader $46,902 Secretary to Administrator $57,030 Board of Trustees Meeting August 12,2008 Page 35 Sr. Office Assistant—Building $46,846 Supt. of Recreation $83,904 Treasurer $99,193 Village Administrator/Clerk $156,280 Village Engineer $108,802 Mr. Bradbury noted that the compensation noted in the schedule is for the current budget year, and there are 24 employees covered. There are varying different percentages of increases and the total impact is $79,719.00 in total. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye 13)CONSIDERING THE CANCELLATION OF THE AUGUST 26, 2008 BOARD OF TRUSTEES MEETING Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE CANCELLATION OF THE AUGUST 26, 2008 BOARD OF TRUSTEES MEETING NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby cancels the Board of Trustees meeting scheduled for August 26, 2008. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Board of Trustees Meeting August 12,2008 Page 36 Trustee Dean Santon Voting Aye Mayor Joan Feinstein Voting Aye Mayor Feinstein noted that the next Board of Trustee meeting would be held on September 9, 2008. ADMINISTRATOR'S REPORT Mr. Bradbury noted that George Latimer sent out a letter to New York State about the King Street interchange. The letter has been forwarded to the Greenwich Task Force. Rye Brook has been working with Cablevision to determine the school channels. Garbage issues are being addressed and information on garbage pick up can be found on the Village's website. Mayor Feinstein called upon Mr. Beane to address the Board regarding a possible referendum to be placed before the voters. Mr. Beane noted that there was a proposed local law limiting the number of consecutive terms that an elected officer may serve. The local law is not subject to a referendum. He stated that it is not an indication of the authority of any public officer and does not reflect on the qualifications to hold office. He is in the process of doing research on this matter, looking at how other municipalities handle this issue. In addition, the Village is now educating its residents on this matter. Whether or not this matter will be submitted to the voters is being reviewed. It was also noted that a decision could be put in place by this Board and a future Board could reverse the decision. Mayor Feinstein called for members of the public wishing to address the Board. There being no one, and no further business before the Board, Mayor Feinstein called for a motion to adjourn the meeting. Board of Trustees Meeting August 12,2008 Page 37 On a motion made Trustee Sanders Romano, and seconded by Trustee Santon, the meeting was adjourned at 11:30 p.m. Trustee Michael S. Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan Feinstein Voting Aye Board of Trustees Meeting August 12,2008 Page 38