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HomeMy WebLinkAbout2007-03-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 27, 2007-7:30 P.M. 7:00 P.M.–Executive Session: Tax certiorari matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: Town Assessor regarding Assessment Notices 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 2B2. 2) Public Hearing on a proposed local law to amend Chapter 228 of the Village of Rye Brook Village Code regarding new Income Scales for the senior Citizens Exemption and Persons with Disabilities and Limited Incomes Exemption. RESOLUTIONS: 1) Considering a proposed local law to amend Chapter 228 of the Village of Rye Brook Village Code regarding new Income Scales for the Senior Citizens Exemption and Persons with Disabilities and Limited Incomes Exemption 2) Overview of the 2007-2008 Tentative Budget and setting a Public Hearing for April 10, 2007 3) Setting a Public Hearing for an amended local law extending the Building Permit Amnesty Program. 4) Authorizing the use of Village streets for the Mellor Engine & Hose Co #3, Inc. to conduct the 101 st Westchester County Volunteer Fireman's Association's annual Convention and Parade ADMINISTRATOR'S REPORT: OLD BUSINESS: Board of Trustees Meeting March 27, 2007 Page 1 NEW BUSINESS: DISCUSSION ITEMS: 1)Up zoning the Blind Brook Club to R-20 zone 2) Development of design guidelines for the ARB 3) Bonus Room and attic space—other zones 4)Front yard impervious coverage—other zones ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: April 10 and April 24, 2007 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Pat Sanders Romano Trustee Paul Rosenberg STAFF Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Marilyn Timpone-Mohamed, Village Planner Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator CONVENE: Mayor Rand called the March 27, 2007 Board of Trustees meeting to order, beginning with the Pledge of Allegiance. He made a brief statement regarding the budget and stated that the staff did a remarkable job on the working of the budget and that everyone would be pleased with the outcome. He also noted that we would be issuing proclamations to the Blind Brook girl's basketball team tonight. Mayor Rand spoke about the 1200 participants involved in kicking off the Rye Brook Youth Soccer tournament and thanked the youth soccer program for organizing it. He also pointed out everyone's pleasure with the new field and also acknowledged that Westchester County would be hosting the Empire State Games this summer and that the soccer tournament would be taking place on the new Rye Brook field. Board of Trustees Meeting March 27, 2007 Page 2 Mayor Rand then proceeded to read the proclamations being given to the players of the Rye Brook Recreation Department 5th and 6th grade players that represented Rye Brook as all stars in the Championship game and won the tournament in the Cub Division. Robert Bertolacci, Superintendent of Parks and Recreation and Janice Kunicki, Recreation Leader from the Rye Brook Recreation Department, were asked to present the proclamations and certificates to each member of the team and their coaches. The second proclamation was given to Mr. Jim Spano, Athletic Director for the Blind Brook Schools, acknowledging the Blind Brook Girls Basketball Team for their accomplishments and for winning their championship game as well. Mayor Rand introduced Mr. Markowitz, the Town Assessor, and stated he will give a brief update and advise the public on what has been sent out in the mail and what is to be expected regarding this years assessment roll. Mr. Markowitz addressed the Board and stated that letters had been sent out explaining that disclosure notices would be forthcoming which will explain the property values and how they were derived. The notice will show residents how the preliminary assessment for 2007 will impact their taxes. He explained that New York State law requires these notices. He also explained that there is a call center set up for revaluation complaints and for residents to complain if there are mistakes on their notices specific to their properties. He then went on to explain how the grievance process would work and the procedures to follow. One final note he made was any change in the property value would be communicated from the Town Assessor's office by June 1st. Between 2006 and 2007 tentative rolls, Village of Rye Brook property values increased 6.51 percent. Mr. Markowitz explained that if a resident's assessment rises 6.51 percent or higher, you would have an increase in your property taxes, and if less then 6.51 percent,you would experience a tax decrease. Trustee Brown asked Mr. Markowitz asked about the criteria used in determining the assessed values and if he could explain it believing it would be helpful for the residents to further understand how it works. Mr. Markowitz explained that the 2006 assessment rolls were based on sales from July, 2004 to July, 2005 and for the 2007 year it was based on July, 2005 to July, 2006. This process includes property sales during those periods. There has been a change in the market place with it becoming more discriminating. Over a course of a year, sales prices go up and down quarterly and he explained it is not a simple process. Mayor Rand asked about the process when major changes are done to a particular home. Mr. Markowitz explained that the plans and permits are examined to determine particular changes, takes photos, inspects the homes and then assign values to each property to reflect changes in the marketplace. Mayor Rand thanked Mr. Markowitz for attending the meeting and for explaining the procedure and asked him to come back in the future to answer more questions as they arise. Board of Trustees Meeting March 27, 2007 Page 3 Mayor Rand called for the first Public Hearing PUBLIC HEARINGS: 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 2B2. Mr. Wexstein, attorney for the applicant, addressed the Board and gave a brief synopsis of where the project is at this point. Mr. Wexstein explained they were here tonight to discuss the strip portion of the project and hopefully understand what the Village is looking for. Mr. Bradbury explained that there have been revised plans submitted that show the changes that have been made. There are still specific questions that the Village Board is looking for feedback on such as the pathways and parking area and the type of surface. The staff suggests asphalt because it is the lowest cost and the easiest to maintain and provides the smoothest surface. Trustee Romano asked about the difference in costs between the pavers and the concrete as compared to the asphalt and Mr. Carosi explained that the concrete was much more expensive. Trustee Feinstein asked about the flooding during the recent storm and the flooding that occurred on the strip portion. She explained that the Planning Boards concern with wood chips or gravel was that in a flood, they would wash away and the replacement costs could be a problem. Mr. Bradbury explained there is also an issue with soil review and a concern if the soil should remain and if maybe we should have a consultant look at it. The underwater environmental issues are also a concern; the Village may want to have more rights over the water and under the water as well. Trustee Rosenberg asked if Mr. Bradbury and Mrs. Timpone-Mohamed felt that we could close the public hearing and vote on the site plan and explained that the Planning Board has a concern with voting on the steep slopes before the Board of Trustees approves the site plan. Mr. Bradbury feels that we are moving toward the closure of the site plan; there are a few issues that still need to be addressed. He would like to have the resolution ready for the next meeting but believes there is still some discussion needed. Mr. Beane believes that the environmental issues are the important ones and that he believes an expert should look at the soils and he has no problem doing the resolution but that the Public Hearing should not be closed yet. Mr. Ken Heller, resident of Lincoln Avenue, addressed the Board and stated his concern about the watercourse. He is concerned about the flooding on Wyman Avenue as well as Board of Trustees Meeting March 27, 2007 Page 4 Indian Village in Rye and stated that the outlet of the waterway is controlled by another entity and they are in the process of trying to solve their flooding problems. He suggested that this Village sit down with these people and address their concerns. Mayor Rand adjourned this issue to April I 01 Mayor Rand called for the next item on the agenda: 2) Public Hearing on a proposed local law to amend Chapter 228 of the Village of Rye Brook Village Code regarding new Income Scales for the senior Citizens Exemption and Persons with Disabilities and Limited Incomes Exemption. Mayor Rand stated that this item is a yearly issue. Trustee Feinstein asked about the age of the seniors for this issue and the Mayor believes it is 62. He also stated that he believes the process is that the seniors need to take their tax return and bring it to the Assessors office to apply. Mayor Rand asked if there were any additional comments from the Board, there being none, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the public hearing was closed. RESOLUTIONS: 1) Considering a proposed local law to amend Chapter 228 of the Village of Rye Brook Village Code regarding new Income Scales for the Senior Citizen Exemption and persons with disabilities and limited income exemptions Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 228 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW INCOME SCALES FOR THE SENIOR CITIZENS EXEMPTION AND PERSONS WITH DISABILITIES AND LIMITED INCOMES EXEMPTION Board of Trustees Meeting March 27, 2007 Page 5 WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 228, Section 16 of the Village of Rye Brook Code regarding Senior Citizens and Persons with Disabilities Income tax exemptions; and WHEREAS, on March 27, 2007 the Board of Trustees opened 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 March 27, 2007. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines that Chapter 228 of the Village Code should be amended to increase the annual income for tax exemptions of Senior Citizens and Persons with Disabilities over the next three years; and BE IT FURTHER RESOLVED that the amendments to Chapter 228 of the Code of the Village of Rye Brook regarding Senior Citizens and Persons with Disabilities income tax exemption amounts are hereby adopted. On a motion made by made by Trustee Feinstein and seconded by Trustee Sanders Romano, Trustee Feinstein asked for a correction on the date. The resolution was adopted as amended. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 2) Overview of the 2007-2008 Tentative Budget and setting a Public Hearing for April 10, 2007 Board of Trustees Meeting March 27, 2007 Page 6 Mr. Bradbury read the following resolution: RESOLUTION OVERVIEW OF THE 2007-2008 TENTATIVE BUDGET AND SETTING A PUBLIC HEARING FOR APRIL 10, 2007 RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 10, 2007 at 7:30 p.m. at the Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2007-2008 Tentative Budget for the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the notice of public hearing shall state the time,place,purpose of the hearing, and that a copy of the tentative budget is available in the office of the Village Clerk, for inspection during regular office hours. Mr. Bradbury explained that the tentative budget is available for review and there has been a lot of hard work by the staff and it is a very responsible budget. He gave a brief overview of the budget and explained that the tax increase is 4.18%. Work sessions are scheduled for March 28th and April 9th Mayor Rand explained that the staff was given very strict guidelines. He explained it has been our objective to have the tax rate increase to be at or below the rate of inflation for this area. There is actually a decrease in the tax rate compared to last year on a tentative basis. He explained that we are making a substantial step up in our capital projects. The Mayor also believes that we should be able to raise funds in the public marketplace for capital projects since the Village is underleveraged. Mayor Rand called for a motion to set the Public Hearing for April 10, 2007 and on a motion made by Trustee Rosenberg and seconded by Trustee Brown, the resolution was adopted. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand thanked Mr. Heller for his comments. 3) Setting a Public Hearing for an amended local law extending the Building Permit Amnesty Program. Board of Trustees Meeting March 27, 2007 Page 7 Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR AN AMENDED LOCAL LAW EXTENDING THE BUILDING PERMIT AMNESTY PROGRAM WHEREAS, a building permit is required to erect, enlarge or structurally alter any building or other structure in the Village of Rye Brook; and WHEREAS, there currently is an administrative fine assessed against persons engaged in or caused to be engaged in such activities without obtaining the required building permit(s); and WHEREAS, the Board of Trustees has knowledge that property owners have failed to secure the required building permit(s) for such activities and wishes to encourage compliance with the building permit requirements by offering a suspension of the administrative fine for a limited time; and WHEREAS, the Board of Trustees has previously adopted a local law creating an Amnesty Program in the Village of Rye Brook and now wishes to extend the period of time in which the Building Department may accept applications. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on April 10, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Trustee Feinstein discussed the current amnesty program and the residents asking if the program was still in effect and if it would be extended. She feels that it is about safety and that it gives the residents a chance to make their homes safe by getting the proper permits and inspections. She believes we should extend it for at least the calendar year Board of Trustees Meeting March 27, 2007 Page 8 and then it can be looked at again. Mayor Rand agrees that the program is working and working well. Mayor Rand asked for a motion on the resolution and on a motion made by Trustee Feinstein and seconded by Trustee Sanders Romano, the resolution was adopted as amended. TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the final resolution on the agenda: 4) Authorizing the use of Village streets for the Mellor Engine & Hose Co #3, Inc. to conduct the 101st Westchester County Volunteer Fireman's Association's annual Convention and Parade. Mr. Bradbury read the following resolution: AUTHORIZING THE USE OF VILLAGE STREETS FOR THE MELLOR ENGINE & HOSE CO #3, Inc. TO CONDUCT THE 101sT WESTCHESTER VOLUNTEER FIREMAN'S ANNUAL CONVENTION AND PARADE RESOLVED,the Board of Trustees of the Village of Rye Brook authorizes the use of Village streets on Saturday, September 15, 2007 for the 101st Westchester Volunteer Fireman's Annual Convention and Parade in the areas described by Mellor/Putnam Parade Committee; 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. Trustee Feinstein believes the date is incorrect; the date should be September 15, 2007. Mayor Rand noted that they will be celebrating 125 years of service and that was quite a milestone. He asked David Burke to prepare a proclamation to be given to them as well. On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the resolution was adopted as amended. TRUSTEE FEINSTEIN VOTING AYE Board of Trustees Meeting March 27, 2007 Page 9 TRUSTEE ROSENBERG VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Beane stated that after negotiations of good faith on both sides, the Village and Verizon have resolved all issues and are pleased to schedule a Public Hearing for April 24th for discussion on a franchise agreement. On a motion made by Trustee Rosenberg and seconded by Trustee Feinstein, the roll was called by David Burke TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE BROWN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand thanked everyone for working very hard on this, Ed Beane, Paul Rosenberg and Mark Mapper from the Technology and Communications Commission. He believes this is a fiscally responsible agreement. Mr. Bradbury also made note of Fred Seifert's involvement and assistance. ADMINISTRATOR'S REPORT Mr. Bradbury thanked the Police Department for their work during the soccer tournament as well as the Parks Department with prepping the field on such short notice. Mr. Bradbury noted that George Latimer has given him the Bill number for the 3 year term issue. Mr. Bradbury noted that with regard to the cell tower, April 9th still on schedule for arrival of the building and the pole is scheduled for the next day barring another snow storm. Mr. Bradbury noted that Antony Cerone, our new firefighter, was hoping to be here tonight but was unable to attend. Mr. Cerone started at the fire academy yesterday and even though he was very tired he was also very enthusiastic. DISCUSSION ITEMS: 1) Up zoning the Blind Brook Club to R-20 zone 2) Development of design guidelines for the ARB Board of Trustees Meeting March 27, 2007 Page 10 3) Bonus Room and attic space—other zones 4) Front yard impervious coverage—other zones Mayor Rand asked Trustee Sanders Romano to give brief discussion on this item. Trustee Romano noted that we did the upzoning for Byram Ridge, there were changes that involved bonus rooms and attic space and front and backyard set backs. Trustee Romano recommends looking at upzoning the Blind Brook Club from an R20 zone to another zone to be discussed. Based upon work done, this is a good opportunity to use the knowledge acquired to look at this property. Also, there is a desire to maintain the character of the community and so we want to develop architectural development guidelines. Other issues, the bonus room and attic space, the issue is if it makes it feasible for us to do the same definitions for the other zones or if it is too restrictive. Trustee Romano also recommends looking at the front yard impervious coverage and believes it may be too restrictive in some zones and not enough in other zones. Mr. Bradbury suggests another task force be put together to look at these issues and Trustee Feinstein asked to include Crawford Park as well as the Blind Brook Club in the analysis. Mayor Rand appointed Trustee Romano to Chair and appoint a Zoning and Design Study Group. Meeting adjourned to executive session Board of Trustees Meeting March 27, 2007 Page 11