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HomeMy WebLinkAbout2007-02-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, FEBRUARY 13, 2007-7:30 P.M. AGENDA 7:00 p.m. State of the Village Address ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1) Continuation of a Public Hearing on the Site Plan application submitted by K&M Realty, LLC for development on Bowman Avenue, Section 1, Block 22, Lots 2B and 2132. 2) Public Hearing on a proposed local law to amend Chapter 250 of the Village code regarding standby generators. RESOLUTIONS: 1) Considering a proposed local law to amend Chapter 250 of the Village Code regarding standby generators. 2) Setting a Public Hearing to consider applications to install an attached wireless telecommunications facility at 4 International Drive, Reckson Executive Park, submitted by New Cingular Wireless PCS, LLC. 3) Considering the authorization of payments to the Westchester Employee Assistance Program for an Inter Municipal Agreement for the year 2007. 4) Authorizing Budget Modifications 5) Authorizing a salary adjustment for Secretary to Administrator. Board of Trustees Meeting February 13,2007 Page 1 6) Authorizing a change in special counsel for water utility related matters. 7) Opposing the Governor's Executive Budget item that would eliminate revenue sharing aid for Rye Brook. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: February 27 and March 13, 2007 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Pat Sanders Romano Trustee Paul Rosenberg Excused: Trustee Joan Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Michel Nowak, Junior Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE: Mayor Lawrence Rand called the February 13, 2007 Board of Trustees meeting to order, beginning with the Pledge of Allegiance led by Edward Beane, Esq. The first public hearing on the agenda was called before the Board. Board of Trustees Meeting February 13,2007 Page 2 PUBLIC HEARINGS: 1) CONTINUATION OF A PUBLIC HEARING ON THE SITE PLAN APPLICATION SUBMITTED BY K&M REALTY, LLC FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 221 LOTS 2B AND 2B2 Mayor Rand noted that the first item on the agenda was currently being reviewed by the Village's Planning Board. As the Planning Board's recommendations were still pending, the consensus of the Board of Trustees was to adjourn the matter pending completion of the Planning Board's review. Mayor Rand called for the second public hearing on the agenda: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING STANDBY GENERATORS Mayor Rand declared the public hearing open. Mr. Michel Nowak, Junior Engineer, was called upon to give the Board a brief update on the amendments to this local law. Mr. Nowak began his presentation by noting that he had reviewed the information and Mr. Michael Izzo, Building Inspector, requested that the local law be modified. The amendments include placing the generator closer to the applicants' home versus closer to the neighboring home. Mr. Christopher Bradbury, Village Administrator, noted that several of the changes to the proposed local law have come about as a result of comments from the Board of Trustees at the previous meeting. An important change is in connection with setbacks and situating the generator closer to the applicants' home versus their neighbors. Mr. Nowak noted that another change was in connection with screening of the generator unit. He pointed out that some plants do not do well with the heat thrown from the generator, and the plants that do grow must be maintained. A more permanent structure, such as a fence, would provide longer-term screening. A permit would be required, but fencing would ensure screening for a longer period of time. Mr. Victor Carosi, Village Board of Trustees Meeting February 13,2007 Page 3 Engineer, noted that screening also assists in lowering the sound level. Trustee Rosenberg felt that the installation of a fence which would require a Building Permit and a survey would result in additional funds being expended by the applicant. He felt that if the Building Inspector wanted to enforce the installation of fencing around the generator, it should be considered part of the process. Mayor Rand called for members of the public wishing to address the Board on this matter. Mr. Ken Heller, of Lincoln Avenue, addressed the Board. He felt that a fence around a generator would cause an echo and actually increase the sound. He also stressed that residents should be directed to shut down the generators as soon as the power is restored. He also felt that there were environmental issues connected with the installation of generators as the atmosphere is effected, i.e.: by the fumes from the generator. Mayor Rand noted that most of the new generators have an automatic shutoff that kicks in as soon as the power goes on. In addition, the newer generators are much quieter than the older models. On a motion Trustee Paul Rosenberg, and seconded by Trustee Michael Brown, the public hearing was closed. Mr. David Burke, Assistant to the Village's Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the first resolution on this matter: RESOLUTIONS: 1) CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING STANDBY GENERATORS Mr. Bradbury read the following resolution: Board of Trustees Meeting February 13,2007 Page 4 RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING STANDBY GENERATORS WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 250 of the Village Code; and WHEREAS, on February 13, 2007 the Board of Trustees continued a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on February 13, 2007. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines that Chapter 250 of the Village Code should be amended to include provisions to regulate the installation of standby backup generators in order to protect the health and safety of the community; AND BE IT FURTHER RESOLVED, that the amendments to Chapter 250 of the Code of the Village of Rye Brook regarding permanent standby backup generators are hereby adopted. Mr. Bradbury reviewed the changes decided upon by the Board during the public hearing. The Board discussed the addition of language in connection with a fence that would be used solely for the purpose of enclosing and screening the generator. It was suggested that any permanent fencing or any screening be approved by the Building Inspector. It was noted that generators are normally 3' to 4' in height. On a motion made by Trustee Rosenberg, and seconded by Trustee Patricia Sanders Romano, the resolution was adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 13,2007 Page 5 2) SETTING A PUBLIC HEARING TO CONSIDER APPLICATIONS TO INSTALL AN ATTACHED WIRELESS TELECOMMUNI- CATIONS FACILITY AT 4 INTERNATIONAL DRIVE, RECKSON EXECUTIVE PARK, SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC Anthony Gioffre, member of the law firm of Cuddy and Feder, addressed the Board. He noted that applicant has demonstrated the need for this facility, and has submitted a very straight forward application. He respectfully requested that the Board schedule a public hearing to move the application forward. Trustee Rosenberg noted that this matter was heard by the Planning Board. A motion to remove condition #2 was made, but because the Board was two members short at the time, the resolution did not pass. He made a motion to remove condition #2 from the resolution submitted by the Planning Board. The motion was seconded by Trustee Sanders Romano. Mr. Burke called the roll on the amendment: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury read the following resolution: Board of Trustees Meeting February 13,2007 Page 6 RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER APPLICATIONS TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE, RECKSON EXECUTIVE PARK, SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC WHEREAS, New Cingular Wireless PCS, LLC submitted applications to the Village of Rye Brook on behalf of the property owner, Reckson Operating Partnership, LP, to amend an approved site plan and obtain a special permit to install an attached telecommunications facility to the roof of Building #4, International Drive, Reckson Office Park, Rye Brook, New York, in the OB-1 Zoning District and the King Street Scenic Roads Overlay Zoning District; and WHEREAS, the Village of Rye Brook Board of Trustees is Lead Agency pursuant to the State Environmental Quality Review Act (SEQRA) for environmental review of the application and approval authority for the subject applications; and WHEREAS, the Village Planning Board referred the application back to the Board of Trustees with recommendations on February 8, 2007. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees shall conduct a Public Hearing on Tuesday, February 27, 2007 at 7:30 pm at Village Hall, 938 King Street, Rye Brook, New York to consider the applications by New Cingular Wireless PCS, LLC to install an attached telecommunications facility at 4 International Drive, Reckson Office Park. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 13,2007 Page 7 3) CONSIDERING THE AUTHORIZATION OF PAYMENTS TO THE WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM FOR AN INTER MUNICIPAL AGREEMENT FOR THE YEAR 2007 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF PAYMENT TO THE WESTCHESTER EMPLOYEE ASSISTANCE PROGRAM FOR AN INTER- MUNICIPAL AGREEMENT FOR THE YEAR 2007 THEREFORE BE IT RESOLVED, that the Village of Rye Brook enter into an Inter Municipal Agreement with the County of Westchester Employee Assistance Program for administrative, managerial and referral services for the period of January 1, 2007 to December 31, 2007 at a rate of thirty-five dollars and zero cents ($35.00) per employee per year; and BE IT FURTHER RESOLVED, that the Village is hereby authorized to release the funds totaling two thousand five hundred fifty- five dollars and zero cents ($2,555) to honor the Inter-Municipal Agreement for the 2007 calendar year. There was no discussion on this matter. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 13,2007 Page 8 4) AUTHORIZING BUDGET MODIFICATIONS Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.1420.458 $ 50,000 (Contingency) (Village Attorney— Supplemental Services) 101.1990.424 101.1980.423 $ 30,000 (Contingency) (Consulting Fees) Trustee Rosenberg questioned the transfer to Consulting Fees, and whether or not these were the fees paid to F.P. Clark and Associates. Mr. Bradbury responded that F.P. Clark's fees come out of this account, as well as other consulting fees. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting February 13,2007 Page 9 5) AUTHORIZING A SALARY ADJUSTMENT FOR SECRETARY TO ADMINISTRATOR Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING A SALARY ADJUSTMENT FOR SECRETARY TO ADMINISTRATOR THEREFORE BE IT RESOLVED, that the annual salary of Shari Melillo, Confidential Secretary to the Village Administrator, is hereby adjusted to $52,000, effective January 29, 2007. Mr. Bradbury noted that Shari is doing a great job. At the time she was hired it was agreed that when she passed the Notary exam she would receive an increase in pay. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. 6) AUTHORIZING A CHANGE IN SPECIAL COUNSEL FOR WATER UTILITY RELATED MATTERS Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING A CHANGE IN SPECIAL COUNSEL FOR WATER UTILITY RELATED MATTERS WHEREAS, on February 1, 2007 Joel R. Diehter, Esq., water counsel for the Village of Rye Brook left the firm of Klein, Zelman, Rothermel & Dichter, LLP for other opportunities. Board of Trustees Meeting February 13,2007 Page 10 NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook chooses to be represented by Joel R. Dichter, Esq. as water counsel and authorizes the transfer of files and any escrow funds to Joel R. Dichter, Esq.; 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. Mayor Rand noted that the Aquarian Water Company was being taken over by United Water. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE 7) OPPOSING THE GOVERNOR'S EXECUTIVE BUDGET ITEM THAT WOULD ELIMINATE REVENUE SHARING AID FOR RYE BROOK Mr. Bradbury read the following resolution: RESOLUTION OPPOSING THE GOVERNOR'S EXECUTIVE BUDGET ITEM THAT WOULD ELIMINATE REVENUE SHARING AID FOR RYE BROOK WHEREAS, Governor Spitzer, in his recently released Executive Budget, has proposed the elimination of AIM (i.e. Revenue Sharing) for Rye Brook and 13 other Westchester municipalities, while all other Board of Trustees Meeting February 13,2007 Page 11 municipalities are receiving at least a 3% increase in aid for this program; and WHEREAS, although the goal of this budget item is to eliminate AIM funding in those municipalities with less need, and provide more funding to those municipalities with greater financial need, this goal is NOT being met with this budget proposal because too many municipalities similar to Rye Brook will actually receive an increase in AIM funding; and WHEREAS, this proposed action is not intended to be a NYS cost- cutting measure as the entire program is increasing by $200 Million over the next four years; and WHEREAS, this proposal would exacerbate the inequities in municipal AIM funding, and would unfairly distribute more aid to certain municipalities that are similar to Rye Brook, while penalizing those municipalities that would have this program eliminated; and WHEREAS, if approved, this budget proposal would result in a loss of state aid of $46,410 for Rye Brook at a time when municipalities are seeking to maintain and seek other alternative revenue sources to offset the property tax. NOW THEREFORE BE IT RESOLVED, that the Village Board of Trustees strongly urges the state legislators to oppose the item in the Governor's Executive Budget that would eliminate the Aid and Incentives for Municipalities (AIM) program, formerly known as Revenue Sharing Aid, and seek to restore this state aid to at least previous funding levels; and BE IT FURTHER RESOLVED, that a copy of this resolution be distributed to NYS Assemblyman Latimer, NYS Senator Oppenheimer, and the New York Conference of Mayors, along with the urging that a more fair and equitable distribution of these funds be considered in any future funding proposals. Mayor Rand noted that the Village receives a paltry sum from the State. The amount is an unfair amount and Mayor Rand asked that Mr. Bradbury contact our representatives and see what can be done to increase funds for Rye Brook. Board of Trustees Meeting February 13,2007 Page 12 On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that there was an additional resolution. He called upon Mr. Bradbury to read the resolution: RESOLUTION WHEREAS, during construction of the Village of Rye Brook Firehouse, the Village discovered significant petroleum contamination that predated the Village's ownership of the Property and which was subsequently remediated to the satisfaction of the New York State Department of Environmental Conservation; and WHEREAS, thereafter the Village submitted a claim for reimbursement to the New York State Environmental Protection and Spill Compensation Fund and authorized the Village attorney to commence litigation against the responsible parties. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby authorizes the Mayor to enter into a settlement with the Spill Fund whereby the Spill Fund will reimburse the Village $400,000; and BE IT FURTHER RESOLVED, that the Village Board of Trustees authorizes the lawsuit encaptioned Village of Rye Brook v. Shouting et al be discontinued without prejudice; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all papers necessary to implement this Resolution. Board of Trustees Meeting February 13,2007 Page 13 Edward Beane, Esq., noted that this is the resolution that will authorize the acceptance of the payment from the New York State Environmental Protection and Spill Compensation Fund. The implementation of this resolution by the State is without prejudice. The Village is two-thirds of the way home on over three (3) years of extremely hard work by the Mayor, Board of Trustees, the Administrator, and Village Counsel. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury gave a brief update on the work done by the Village's Safe Housing Task Force. To-date, twenty-two homes have been inspected, a number of them have been issued violations, and thirteen are in Court. This Task Force is really working hard to make the Village safe. Mr. Bradbury noted that there were two Trustee positions open. This was the last day for the filing of the nominations for these positions. Mayor Rand called for members of the public wishing to address the Board. There being no one, he called for an Executive Session. The meeting was adjourned at 8:37 p.m. Board of Trustees Meeting February 13,2007 Page 14