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HomeMy WebLinkAbout2008-11-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 25, 2008-7:30 P.M. AGENDA 7:00 PM– Executive Session– Personnel ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: (1) Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road RESOLUTIONS: (1) Considering a modification of the License and Permit Fee Schedule regarding building permit fees (2) Setting a Public Hearing to consider a proposed local law to Chapter 250 of the Village Code regarding off street parking (3) Adopting an official map of the Village of Rye Brook (4) Authorizing the extension of an Inter-Municipal Agreement with Westchester County for access to a telecommunications network (5) Approval of minutes: August 12, 2008; September 9, 2008 ADMINISTRATOR'S REPORT OLD BUSINESS: (1) Village Board update on Rye Brook Travel Baseball Board of Trustees Meeting November 25,2008 Page 1 DISCUSSION ITEMS: (1) Code enforcement status of illegal subdivisions or Rye Brook land at 42-46 Lincoln Avenue (2) Educational outreach to property owners regarding maintenance of the Blind Brook and other bodies of water on their property (3) Proposed modifications of Chapter 235 (Trees) of the Rye Brook Code THE NEXT REGULAR TRUSTEES MEETINGS: December 9, 2008 and December 23, 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 Amanda Kandel, Village Counsel Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Mayor Feinstein welcomed everyone to the November 25th Regular Meeting of the Board of Trustees. She called upon Mr. Bradbury, Village Administrator, to address the public hearing that was scheduled for this evening. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER A SITE PLAN AND SUBDIVISION APPLICATION BY KF ("RYE BROOK"), LLC FOR A PROPOSED DEVELOPMENT ON ANDERSON HILL ROAD Board of Trustees Meeting November 25,2008 Page 2 It was noted that the applicant requested an adjournment because they are revising documents. The plans are at the point of submission to the County and must be as accurate as possible. With the consensus of the Board, this matter will be placed on the agenda for the first meeting of the Board of Trustees in January. Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Dean Santon, and seconded by Trustee Sanders Romano, the public hearing was adjourned. Mr. David Burke, Assistant to the Village Administrator, called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called for the first resolution on the agenda: RESOLUTIONS: 1. CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING BUILDING PERMIT FEES Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING BUILDING PERMIT FEES WHEREAS, the Village Board has requested that the Administrator review the recently adopted building permit fee, especially as it relates to basement square footage; and WHEREAS, the Building Inspector has raised a concern that an applicant who had a building permit and completed the work many years ago but never received a certificate of occupancy would have to pay current Board of Trustees Meeting November 25,2008 Page 3 construction costs for the certificate of occupancy, which may not reflect the actual cost of the work when it was completed; and WHEREAS, as a result of these reviews, a new Building Permit fee is recommended. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule hereby be modified as follows: Current Fee Schedule: Building Permits: $75 plus Residential Filing Fee $12/$1 ,000 of construction costs. Recommended Fee Schedule: Building Permits: $75 plus Cost of Residential Filing Fee Construction Fee A and Fee B below. Fee A: Cost of Construction Areas of alteration $12/$1 ,000 of and/or construction costs as new construction under certified by owner and/or 800sf or if a building licensed professional. permit was issued prior to January 1, 2000. Total new construction sf Fee B: Cost of x $230 x $12/$1,000 Construction: (plus any alteration fees Areas of new from Fee A above). construction 800 sf or Note: sf based upon more. Gross Floor Area (GFA) and does not include basement sf AND BE IT FURTHER RESOLVED, that total new construction square footage shall be determined using the definition of "Gross Floor Area" (GFA) as defined in Section 250-2 of the Village Code and shall not include the square footage of any unfinished basement; and Board of Trustees Meeting November 25,2008 Page 4 BE IT FURTHER RESOLVED, that these fees be effective as of the last fee amendment, July 8, 2008, for any building permit application that had not yet received a certificate of occupancy as of that date. On a motion made by Trustee Michael Brown, and seconded by Trustee Sanders Romano, the resolution was opened for discussion. Mr. Bradbury noted that there was a request to review the License and Permit Fee Structure. The numbers that had been coming in from applicants and their representatives were deflated numbers and that directly affected the Village's revenue from building permits. Initially the basement was included in the recently revised fee, and now the Village has been asked to review the inclusion of basements. The analysis of this portion of the Village's Code has been completed. Mayor Feinstein felt that the cost of construction was a moving target. She noted that she looked into the cost of a finished basement and there are variables based on amenities. It probably runs around $50.00 per foot and in our area of the country it could be as high as $75.00 per foot. Local contractors feel that the $220.00 per foot is not supported and further review has been requested. Trustee Rosenberg noted that he spoke with two developers who have done work in Rye Brook. They felt that the $220.00 per square foot was about right for livable space, but they felt that $85.00 per square foot was what they would get for a finished basement in this area. He too felt that the $220.00 per square foot for a basement was high, and asked that the resolution be amended. The first motion to approve the resolution as submitted was withdrawn, and Mayor Feinstein asked for a second to the motion made by Trustee Brown, which was seconded by Trustee Sanders Romano. Trustee Sanders Romano felt that there should be a threshold i.e., if the construction is over 800 square feet then the fee of$75.00 per square foot would apply. The Board discussed the perimeters of the fee. Mr. Bradbury stated that the decision of the Board was that the $220.00 for livable space was fair. He also noted that the fee imposed for basements would now be $75.00 per square foot for a basement of more than 875 square feet. Trustee Brown pointed out that the proposed fee is for the construction of an unfinished basement. Currently the Village's code reads that there is no charge for an unfinished basement. Board of Trustees Meeting November 25,2008 Page 5 Trustee Santon felt that new construction could be a tear down or an 800 square foot addition. He also stated that finishing a basement could mean laying carpet or putting in a home entertainment theater. If someone adds an 800 square foot addition they are only charged for the addition and the Village ignores all of the other work done on the house. He felt that $220.00 per square foot was a fair number. It was noted that Mr. Bradbury came up with this number after a consultation with a construction company, and a review of a specific computer program designed to estimate these types of costs. Trustee Santon noted that a lot of people are re-doing basements which are now meant to be used as living space—they now include gyms and/or home entertainment centers. He stated that it was not fair to say that basements cost less than $220.00 per square foot to construct. Sometimes people do not finish the basement at the time of the addition or initial construction, but they run the roughing for the plumbing for a later date. Sometimes the Village does not catch the construction done at the later date. He felt that the current costs were fair. Mayor Feinstein noted that this is not an exact science, but the Village is trying to be as fair as possible. She stated that she felt comfortable with the numbers as amended. Trustee Sanders Romano noted that the only thing that bothered her was the square footage because you can finish a 400 square foot basement just as easily as you can finish an 800 square foot basement. It was suggested that if the construction is over 800 square feet then the construction costs should be fixed by the Village. Trustee Santon noted that this is a fee for services provided to supervise the work and review plans. Some basements could be the same as a living room - same amount of electrical, air conditioning, carpeting, etc. Lorrie Funtleyder of 13 Beechwood Boulevard addressed the Board. She felt that it was unfair to charge $220.00 per square foot for a basement. She is in the middle of a tear-down renovation and the expenses for the basement have risen drastically during the process. Trustee Santon felt that when a contractor prices out a job they do not use a free software from the internet to come up with the cost. They look at Board of Trustees Meeting November 25,2008 Page 6 every detail of the construction plans. A layperson cannot grade the quality of the components — the roof, the siding, the fixtures. The software bases the information on what is input. He felt that more focus should be put on custom components such as plumbing fixtures, marble tiles, etc.. He stood behind the initial decision to charge $220.00 per square foot. Trustee Rosenberg noted that all construction work can be customized and all types of millwork and stone can be installed. Acknowledging this fact, he still felt that the $220.00 per square foot was too high for a finished or unfinished basement. Trustee Brown noted that this issue arose out of a trust issue. The Village trusted the applicants to come in with correct numbers, and many of them low-balled the cost of their construction to save on the permit fees. One of the first things the people do illegally is finish their basements. The only time that you can capture the costs is now, on new construction. He asked that there be fees now for both finished and unfinished basements. He felt that a fixed rate should be put in place now. Trustee Sanders Romano felt that Trustee Brown had an excellent point. Trustee Santon asked why the fee was being set retroactive to July 81li. Mayor Feinstein responded it was a way of being fair to the residents. Trustee Santon felt that since the fee structure was drastically changed since July 8th everyone should follow that fee structure. He agreed with Tustee Brown that from an enforcement standpoint capturing the fee during the initial construction makes more sense. Trustee Rosenberg amended the motion to remove the differentiation between finished and unfinished basements and setting the fee at $65.00 per square foot. Trustee Santon questioned how site work is captured. If someone is doing retaining walls, patios, decks, swimming pools he questioned who would set the value for the work. He asked that the amendments make it clear. He also felt that too many people were being caught in this net. Mayor Feinstein noted that the idea is to capture the accurate value of the construction. Mr. Bradbury noted that the amendments can be made and, if it is found that they do not work, then the matter can be revisited and the fees can be modified again. Board of Trustees Meeting November 25,2008 Page 7 Mr. Bradbury summarized the amendments, clarifying that the $220.00 is for livable space and that a separate fee for the basements over 800 square feet, finished or unfinished, would be added to the fee schedule. Trustee Santon stated that he was still trying to understand how the Village was applying the new regulations. Trustee Sanders Romano asked that this matter be adjourned so that the amendments could be written up. With the consensus of the Board, Mayor Feinstein adjourned the matter directing counsel to clearly revise the proposed amendments. 2) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE CODE REGARDING OFF STREET PARKING Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE CODE REGARDING OFF STREET PARKING 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 of the Village of Rye Brook, shall hold a public hearing on December 9, 2008 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Board of Trustees Meeting November 25,2008 Page 8 On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mayor Feinstein noted that the Planning Board reviewed this matter and there have been proposed changes. This resolution sets the public hearing on this matter. Trustee Santon stated that he wanted to be sure that these amendments capture someone who rents a desk in an office building and is now entitled to parking spaces. Mayor Feinstein reiterated that this resolution was simply to set the public hearing. She noted that these are different and difficult economic times. The shopping centers or office buildings or a gas station that want to rent out four or five spaces to a limo company to help their businesses stay afloat cannot be faulted. People need additional revenues at this time, and the Village needs to be flexible. The Village must be fair and have open dialogue. Trustee Santon felt that residential neighbors of these parking lots should be considered and businesses such as the gas station should not be allowed to rent out a portion of their parking lot to a limousine company that parks its fleet there overnight. It is unfair to force a resident to live next this. Trustee Rosenberg noted that the alternate side of the street parking was changed and the shopping centers were good neighbors to the residents by allowing them to park their cars in the lots overnight. Trustee Brown stated that he did not recall any members of the public/residents complaining about this issue. He hoped for input from the residents and urged any resident interested in this matter to show up at the public hearing. Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting No Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting No Board of Trustees Meeting November 25,2008 Page 9 Mayor Feinstein recalled item #1. Amanda Kandel, Village Counsel, re-read the proposed amendments for the Board. It was asked that copies of the handwritten amendments be made for each Trustee so that it could be carefully reviewed. Mr. Burke was instructed to make copies. The matter was adjourned a second time. Mayor Feinstein called for the next item on the agenda: 3) ADOPTING AN OFFICIAL MAP OF THE VILLAGE OF RYE BROOK Mr. Bradbury read the following resolution: RESOLUTION ADOPTING AN OFFICIAL MAP OF THE VILLAGE OF RYE BROOK WHEREAS, Village Law § 7-724 authorizes the Board of Trustees to establish an Official Map of the Village; and WHEREAS, the Village of Rye Brook Board of Trustees wishes to adopt the Zoning Map of the Village of Rye Brook, adopted on December 14, 1999, as the Official Map of the Village of Rye Brook as amended from time to time together with additions to such map resulting from the approval of subdivision final plats and the recording thereof in the County Office of Land Records.; and WHEREAS, such Official Map shall be final and conclusive with respect to the location and width of streets and highways, drainage systems and the location of parks shown thereon. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the Zoning Map of the Village of Rye Brook as may be amended from time to time, which was adopted on December 14, 1999 and last amended on September 26, 2006, together with additions to such map resulting from the approval of Board of Trustees Meeting November 25,2008 Page 10 subdivision final plats and the recording thereof in the County Office of Land Records as the Official Map of the Village of Rye Brook and which shall be kept on file in the Village Clerk's Office; and BE IT FURTHER RESOLVED, that the Village Administrator is hereby authorized and directed to immediately file a certificate of the establishment of such Official Map with the Clerk of the County of Westchester as required by § 7-724 of the Village Law. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was discussed. Trustee Santon questioned what steps need to be taken to update this map. Mr. Bradbury noted that F.P. Clark Associates would be given the responsibility of updating the map. Trustee Santon stated that the Zoning Map does not show the parks in the Village. He stated that it was a good thing to designate the official map, but its use is not solely to identify the streets within the Village. He noted that there are a variety of errors on the Zoning Map that need to be corrected. Mr. Bradbury noted that the Zoning Map will be modified. The layout of the roadways will be identified as will the parks and recent subdivisions. Trustee Santon made a motion to table this matter until the Board can see what amending the Zoning Map entails, including costs. The motion was seconded by Trustee Brown and subsequently the motion to table was withdrawn. Trustee Santon then made a motion to adjourn the matter until January 27, 2009, which motion was seconded by Trustee Sanders Romano. Mayor Feinstein noted that this matter would be tabled to a date in January, 2009. Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting November 25,2008 Page 11 4) AUTHORIZING THE EXTENSION OF AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ACCESS TO A TELECOMMUNICATIONS NETWORK Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE EXTENSION OF AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ACCESS TO A TELECOMMUNICATIONS NETWORK WHEREAS, on March 2, 2000, the County of Westchester entered into an Agreement with Cablevision Light Path, Inc. ("Cablevision") for the provision of full voice, video and data transmission services along a high- speed telecommunications network and under said Agreement, Cablevision will permit other municipalities in Westchester County to avail themselves of these services under the same terms and conditions; and WHEREAS, on July 8, 2003 the Village of Rye Brook passed a resolution entering into a five (5) year IMA with Westchester County to avail the services under the same terms and conditions; and WHEREAS, the Village has received voice, video and data transmission services from Cablevision pursuant to the terms of the Cablevision Agreement with the County and the Village pays Cablevision directly for any services it may receive; and WHEREAS, it is in the interest of the Village to renew for an additional five (5) years such agreement and be provided with the same terms and conditions of the previous agreement. NOW THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby authorizes the extension of the Inter-municipal Agreement Board of Trustees Meeting November 25,2008 Page 12 with the County of Westchester for access to telecommunications services; and IT IS FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Trustee Rosenberg noted that reading the IMA something struck him. He wondered how much the Village typically spends on an annual basis for these services. Mayor Feinstein noted that Village was extending an existing contract. Mr. Bradbury stated that the firehouse does have this phone system, and it is very reliable. Village Hall utilizes Optimum-on-line services. The fees have come down over the years. Trustee Rosenberg felt that there would not be a problem approving this at some point but that it needed further clarification now. Mayor Feinstein noted that additional information could be gathered. This should be clear as the agreement will end in 2010. The Village came on board after Westchester County and Cablevision entered into their agreement in 2000. Mayor Feinstein called for a vote on the resolution as amended. Mr. Burke called the roll for the approval of the resolution: 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 resolution #1 before the Board again. The amendments proposed were read to the Board. Trustee Santon noted that he was still trying to Board of Trustees Meeting November 25,2008 Page 13 understand what was changed. A basement shall be considered new construction if altered or created within two years of the issuance of a Certificate of Occupancy. It is obvious during new construction whether or not someone is constructing a basement. The two year threshold was trying to capture the finishing of that basement. An addition of 2000 square feet is being constructed and a basement of 2000 square feet is being created. How is that basement charged for? Mayor Feinstein felt that the fee for a new construction of a basement would be $65.00 per square feet. If in two years after obtaining a Certificate of Occupancy work is started then the fee would be an additional $65.00 per square feet for finishing the basement. Trustee Santon asked how these amendments were protecting the people who took out the permits in 2003 and do not have a Certificate of Occupancy yet. Would these individuals be charged $220.00 per square foot? His understanding of the amendments was that there would be a supplemental fee if a basement was finished within two years of obtaining a Certificate of Occupancy for an unfinished basement. Mayor Feinstein stated that this was correct. Trustee Santon felt that the functions needed to be separated. Mr. Bradbury noted that if a basement is altered or finished within two years of being created, then there would be an additional fee for finishing it. Trustee Santon noted that if someone constructs an unfinished basement, they can always finish it later but will it be caught by the Village and will this resident have to pay additional fees? Trustee Santon stated that if the Board was having a hard time understanding and interpreting the changes, residents would have the same difficulties. Ed Beane, Esq. arrived at 9:36 p.m. Mayor Feinstein asked that he be given the opportunity to review the proposed amendments and offer additional clarification. With the consensus of the Board, the matter was adjourned for a third time. Mayor Feinstein called for the next item on the agenda: 5) APPROVAL OF MINUTES: August 12, 2008; September 9, 2008 On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the summaries were accepted. Board of Trustees Meeting November 25,2008 Page 14 Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Amanda Kandel, Esq. was asked to re-read the amendments to the Local Law for a fourth time. Trustee Santon noted that there was now no square footage minimum. Mr. Burke called the roll for the approval of the amended resolution: 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 a short recess. Upon the Board's return, Mr. Bradbury was called upon for the Administrator's Report. ADMINISTRATOR'S REPORT: Mr. Bradbury noted that the winter recreation booklet is now available. Registration for these programs begins December 15th. If anyone needs additional information, they should go to the Village's website. Mr. Bradbury also reminded residents that registration for these programs can be done online. The next matter discussed was the Leaf Program. The Village is now at the peak of this program and two-thirds of the volume of leaves have already been collected. The peak was earlier this year than last year. There is information on the Village's website for anyone who is interested. Board of Trustees Meeting November 25,2008 Page 15 It was noted that alternate side of the street parking regulations went into effect on November 15th. Residents are reminded that violations will be issued. Mayor Feinstein called for a discussion item under Old Business. OLD BUSINESS 1) VILLAGE BOARD UPDATE ON RYE BROOK TRAVEL BASEBALL Mr. Bradbury noted there have been several meetings held on this matter and comments and information has been reviewed. These meetings have been positive with good dialogue. Areas discussed included playing time, smaller teams, the code of conduct and positive steps are being taken. At this time the Village is leaning more towards the private travel baseball league. A final decision will be made by the Board of Trustees in December. DISCUSSION ITEMS: (1) Code enforcement status of illegal subdivisions or Rye Brook land at 42-46 Lincoln Avenue (2) Educational outreach to property owners regarding maintenance of the Blind Brook and other bodies of water on their property (3) Proposed modifications of Chapter 235 (Trees) of the Rye Brook Code Mayor Feinstein noted that Trustee Santon had to leave the meeting early. She asked that the discussion items be placed on the agenda to the December 9'1'meeting. The remaining members of the Board agreed. Mayor Feinstein commented on the home rule request for changing the terms of office for the Mayor and Trustees. George Latimer and Suzi Oppenheimer are both amenable to this change, and she questioned whether it could be put on the ballot for the next election. Mr. Beane noted that he would try to obtain an answer for Mayor Feinstein. Board of Trustees Meeting November 25,2008 Page 16 The Board wished everyone a very healthy and happy Thanksgiving holiday. There being no further business before the Board, the meeting was adjourned at 10:03 p.m. Board of Trustees Meeting November 25,2008 Page 17