HomeMy WebLinkAbout2007-06-12 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, JUNE 12, 2007-7:30 P.M.
AGENDA
7:OOPM— Executive Session— Negotiations and Legal Matters
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT
PUBLIC HEARINGS:
1) Continuation of a Public Hearing on the Site Plan application submitted
by K&M Realty Group, LTD for development on Bowman Avenue
west of South Ridge Street, Rye Brook, Section 1, Block 22, Lots 2B
and 2B2.
2) Public Hearing on a proposed local law to amend Chapter 240 of the
Village of Rye Brook Village Code regarding seasonal no parking on
Mohegan Lane
RESOLUTIONS:
1) Considering the Site Plan application submitted by K&M Realty Group,
LTD for development on Bowman Avenue west of South Ridge Street,
Rye Brook, Section 1, Block 22, Lots 2B and 2B2
2) Considering a Site Plan submitted by K&M Realty Group, LTD for
development of a passive park on Bowman Avenue west of South Ridge
Street, Rye Brook, Lots 2B and 2B2, Block 22, section 1
Board of Trustees Meeting
June 12,2007
Page 1
3) Considering a proposed local law to amend Chapter 240 of the Village
of Rye Brook Village Code regarding seasonal no parking on Mohegan
Lane
4) Considering the appointment of an auto mechanic
5) Considering the authorization of funds for a Zoning Study regarding
extending the R2-F Zoning District Commercial Overlay
6) Considering the Westchester County Police Academy Training
Instructor agreement between the Village of Rye Brook and the County
of Westchester Department of Public Safety
7) Considering a Village contribution to the Columbus Day Celebration
Committee and use of Hawthorne Ave for the Annual Parade
8) Approval of minutes: February 13, 2007; February 27, 2007; March 13,
2007; March 27, 2007; April 10, 2007; May 22, 2007.
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: June 26 and July 10, 2007
BOARD: Mayor Lawrence Rand
Trustee Michael S. Brown
Trustee Joan L. Feinstein
Trustee Paul S. Rosenberg
Trustee Patricia Sanders Romano
Board of Trustees Meeting
June 12,2007
Page 2
STAFF: Christopher Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Marilyn Timpone Mohamed, Village Consultant
Victor Carosi, Village Engineer
Amanda Kandel, Village Counsel
Fred Seifert, Public Access Coordinator
Paula Patafio, Meeting Secretary
Mayor Rand welcomed everyone to the June 12, 2007 regular meeting of the
Board of Trustees. He reviewed the agenda for the members of the public. It was
noted that the first item on the agenda was a continuation of the public hearing on
the site plan application submitted by K&M Realty Group for development on
Bowman Avenue. He reviewed the application, reiterating that the public hearing
was on the site plan review. He explained that the Village's Consultants have
made comments regarding the application and that there are now open items. The
applicant is aware of the open items and is working on responses. For this reason,
the public hearing will not be closed at this meeting, and it will continue at least
until June 26th. The Village is also thoroughly reviewing issues surrounding the
parcel of land being donated to the Village.
Mayor Rand stated that there have been discussions at the County level and with
the administration of the City of Rye and Rye Brook. The applicant is aware of
these meetings. Mayor Rand stressed that this application has been under review
by the Village of Rye Brook for many years. The application is now in its
eleventh-hour. Recent storms and flooding have brought a lot of attention to this
project, and the applicant has been patient and cooperative throughout the
additional review. In fact, the applicant has expressed his willingness to discuss
the sale of this parcel to the County. It is also important to remember that the
applicant did offer to sell this parcel to the City of Rye, the Village of Rye Brook,
and the County several times over the years. At this time Mayor Rand opened to
floor to comments regarding this application. At one point, about a year ago, the
application was put on hold while the City of Rye researched possible funding for
the purchase. No purchase plan was forthcoming, and the applicant submitted
revised plans to the Village. It is the revised plan, including the donation of land
to the Village that is now the application before the Board of Trustees and the
Planning Board.
PUBLIC HEARINGS:
1) CONTINUATION OF A PUBLIC HEARING ON THE SITE PLAN
APPLICATION SUBMITTED BY K&M REALTY GROUP, LTD
Board of Trustees Meeting
June 12,2007
Page 3
FOR DEVELOPMENT ON BOWMAN AVENUE WEST OF SOUTH
RIDGE STREET, RYE BROOK, SECTION 1, BLOCK 22, LOTS 2B
AND 2B2.
Mayor Rand declared the public hearing open.
Carolina Johansen of Rye addressed the Board. She began by noting that
recent storms have resulted in severe flooding, the loss of personal
property, and the closing of several businesses, including the Rye YMCA.
She noted that the citizens of Rye feel that if the subject property were to
remain undeveloped it could serve to mitigate flooding downstream, and
that developing the property could only make matters worse. The City of
Rye is working with the County to help come up with a plan to mitigate the
problems. Several projects are being reviewed, including the construction
of detention basins and dams on property owned by the City of Rye. The
citizens of the City of Rye are also putting pressure on the County officials.
They are coming to the Village of Rye Brook to ask for help. Although the
applicant's property on Bowman Avenue is not the only property being
looked at for possible mitigation work by the City of Rye, the citizens feel
that any development on this parcel will add to flooding problems
downstream. Ms. Johansen hoped that Rye Brook, Rye, and the County
would work together to ensure that the type of disaster that resulted from
previous storms does not ever reoccur.
Mayor Rand stressed the fact that the applicant has been extremely patient.
He reiterated the fact that there was a time several years ago that the
application was put on hold so that Rye, Rye Brook and the County could
review the property. An attempt was made to purchase this property with
the hope of sharing the costs. Unfortunately nothing came from those
discussions. The applicant asked Rye Brook to resume the review of the
application, which has now gone through a very lengthy process.
Mayor Rand noted that Martin Rogowsky, County Legislator, was
scheduled to address this matter at this Board of Trustees Meeting. He
informed the Mayor that he would be a few minutes late as the Town of
Rye also scheduled a meeting for this evening regarding the flight patterns
at the Westchester County Airport, a very important issue for the
surrounding municipalities. Mr. Rogowsky would address the Board upon
his arrival, updating everyone on the status of the County's review of this
matter.
Board of Trustees Meeting
June 12,2007
Page 4
Mayor Rand noted that the Village has received several letters from
concerned citizens from the City of Rye. He stressed that contrary to the
opinion of several individuals, Rye Brook was not rushing through this
application. He noted that this application has been before the Village for
approximately 12 years. The developer has been very patient, going as far
as placing the application on hold while Rye Brook and the City of Rye
discussed jointly purchasing the property. He stressed that a revised and
significantly skimmed down plan was now before the Board for site plan
review.
Mr. Christopher Bradbury, Village Administrator, noted that after
discussions regarding the purchase of this property, a sizeable financial
shortfall was discovered. None of the parties were willing to fund the
shortfall. Mayor Rand noted that one area discussed was the portion of
funds to be contributed by the County. Once that amount was decided
upon, the idea was for Rye Brook and the City of Rye to split the balance
50150, however, no one anticipated the tremendous shortfall.
Bernard Abel of Rye Brook addressed the Board. He noted that there was a
large parcel of property that should be looked at for a solution to the
flooding problem. He suggested that the Blind Brook Country Club on
Anderson Hill Road be reviewed as a possible solution and that it could be
claimed by the Village under eminent domain.
Mr. Ken Heller of 21 Lincoln Avenue addressed the Board. He responded
to the previous suggestion and noted that the topography of the golf course
is not conducive to retaining storm water. He also noted that Rye City has a
solution available to it. Rye owns property, with a dam, that has not been
maintained. The area behind the dam has now become a swamp. If this
area was dredged, and the dam raised, the property could hold millions and
millions of gallons of water. The City of Rye owns this property but has
been unwilling to work on this property for over 35 years. Rye City does
not want to spend any money to save the homes and business of its
residents. The dam and dredging is just the mitigation that is needed to
protect the citizens of Rye. It would also be very beneficial to the residents
of the Brook Lane area of Rye Brook. Some of the citizens of Rye have
suggested that work be done on property owned by Rye on Bowman
Avenue. This type of work would flood the fields of the Port Chester
Middle School, along with surrounding residents. Mr. Heller felt that no
demands should be put on anyone else until the citizens of Rye put a
demand on themselves.
Board of Trustees Meeting
June 12,2007
Page 5
Another resident of Rye addressed the Board. He noted that he was
relatively new to this issue and was trying to gather all of the facts. He
asked for an explanation of how a two (2) week delay in closing the public
hearing would allow for responses to all of the complex issues.
Mayor Rand reiterated that the public hearing was on the site plan. The
Environmental Impact Statement, which was the appropriate time to raise
these issues, included many years of review has been completed. It must be
noted that this application has been reviewed by Village staff and
consultants, outside consultants, and several Village Boards. The reviews
have been ongoing and all public hearings were properly noticed. During
the review anyone could have addressed the application. There have been
studies done by the applicant and outside consultants and all of the findings
have been reviewed. Other communities have also reviewed this application
and many of the questions that are being raised now have already been
answered. The applicant has received approval on his Draft Environmental
Impact Study (DEIS) and his Final Environmental Impact Statement
(FEIS). The two (2) week delay is only being extended to clear up some of
the issues on the site plan. The Village is not re-visiting issues that have
been reviewed and approved. Mayor Rand stressed that the applicant is not
the bad guy. He has gone out of his way to respond to questions that were
raised during the process.
Mr. Bradbury noted that whether or not this application is approved, Rye
Brook will be getting together with the City of Rye and the Army Corps of
Engineers to review the flooding issues.
Mr. Martin Rogowsky, County Legislator, addressed the Board. He noted
that he just came from a meeting held at the Port Chester Middle School
regarding the Westchester County Airport. This was an informational
meeting about the proposed changes to the use of airspace surrounding the
airport. It was noted that these changes will result in impacts to the East
and the West of the airport. The FAA has been involved in a multi-year
process to redesign the airspace. No information was presented regarding
noise and environmental impacts. The goal is to increase flight capacity for
the projected growth of the airport. The Airport FEIS will be done in July
or August. This new plan will not be implemented for several years.
Mr. Rogowsky addressed the flooding issues in the area. He noted that the
County has been working closely with the Village of Rye Brook and the
City of Rye. Another meeting has been scheduled for Friday afternoon and
flood control will be discussed. The County is obviously very concerned,
Board of Trustees Meeting
June 12,2007
Page 6
and it is actively looking for funding to possibly purchase the site. The
County understands that we are all in this together, and that we must work
together.
Mr. Rogowsky noted that the DEIS included the impacts of developing the
Bowman Avenue property. Storm water mitigation has always been a part
of the plan. Regarding the purchase of the property, Mr. Rogowsky noted
that the government must be concerned about spending tax dollars and
raising expectations.
Mayor Rand agreed, noting that this particular project is not going to be the
solution to all of the flooding problems. The worst thing would be for the
County to spend millions of taxpayer dollars and not see the flood
mitigation results that everyone is hoping for. In and of itself this property
does not provide the answer to flooding problems, and, in fact, may not
help at all.
Mayor Rand reminded the members of the public that the public hearing
was on the site plan approval for the application, but stated that the Board
would continue to hear comments from the public. He noted that if the
hearing is closed on the 26th it may not mean that a resolution will be
considered that evening.
Another resident of Rye addressed the Board. She noted that many people
were effected by the recent storms. Every new development adds to the
existing problems. Every decision made has an effect on the problem. The
citizens of Rye have the right to live safely.
As there were no additional members of the public wishing to address the
Board, Mayor Rand called for a motion to adjourn.
On a motion made by Trustee Joan L. Feinstein, and seconded by Trustee
Patricia Sanders Romano, the public hearing was adjourned.
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
Board of Trustees Meeting
June 12,2007
Page 7
2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND
CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING SEASONAL NO PARKING ON MOHEGAN
LANE
Mr. Bradbury stated that this was the public hearing on the matter. This
new local law would restrict parking on Mohegan Lane, on the west side,
from 1:00 p.m. to 8:00 p.m. from April 1st through October 30t'
Trustee Joan Feinstein noted that she had raised a concern at the last
meeting regarding the over-spill parking that occurs on Mohegan Lane
from the Park. Some of the residents are concerned that the parking during
games restricts the line of sight and emergency vehicles may have trouble
accessing the area. Therefore, the residents of the area are very happy
about the restrictions being imposed.
Trustee Paul Rosenberg asked if there was adequate notification for the
residents of this area. Mr. Bradbury noted that temporary no parking signs
have been installed. In addition the legal requirements for addressing the
matter have been fulfilled.
Trustee Feinstein stated that many of the residents are in favor of this, and
these are the residents that reside on Mohegan Lane.
Trustee Patricia Sanders Romano pointed out that the Village's Traffic
Commission has reviewed this matter and has recommended these parking
restrictions.
On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the public hearing was closed.
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
June 12,2007
Page 8
RESOLUTIONS:
3) CONSIDERING A PROPOSED LOCAL LAW TO AMEND
CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE
CODE REGARDING SEASONAL NO PARKING ON MOHEGAN
LANE
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240
OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING
SEASONAL NO PARKING ON MOHEGAN LANE
WHEREAS, the Village of Rye Brook Traffic Commission has
requested that Ch. 240 of the Code of the Village of Rye Brook be amended
to prohibit parking seasonally along Mohegan Lane opposite Pine Ridge
Park; and
WHEREAS, a local law has been proposed to amend Ch. 240
prohibit parking seasonally along Mohegan Lane opposite Pine Ridge Park;
and
WHEREAS, on June 12, 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 June 12, 2007.
NOW, THEREFORE, BE IT RESOLVED, the amendments to
Chapter 240 of the Code of the Village of Rye Brook regarding permanent
seasonal no parking along Mohegan Lane are hereby adopted.
On a motion made by Trustee Feinstein, and seconded by Trustee Brown,
the resolution was adopted.
TRUSTEE BROWN VOTING AYE
Board of Trustees Meeting
June 12,2007
Page 9
TRUSTEE FEINSTEIN VOTING AYE
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand noted that this was a safety matter. He also noted that the
issue of temporary no parking on Hillandale Road has been extended for
further review. On the weekend, where there is an overflow from the ball
fields, making a right hand turn off of King Street to Hillandale Road
becomes a very dangerous turn. This matter warrants additional review.
4) CONSIDERING THE APPOINTMENT OF AN AUTO MECHANIC
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE APPOINTMENT OF AN AUTO MECHANIC
RESOLVED, that Vincent Sama of 220 Westchester Ave, Mount
Vernon, New York is herby appointed to the position of Auto Mechanic
with the Village of Rye Brook, subject to civil service procedures of the
State of New York; and be it further
RESOLVED, that the annual salary is $66,343 with an effective
start date to be determined and a probationary period of no less than twelve
(12) weeks, nor more than fifty-two (52) weeks from the effective start
date.
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
Board of Trustees Meeting
June 12,2007
Page 10
Mr. Bradbury was asked for some background on Mr. Sama. Mr. Bradbury
noted that Mr. Sama has been working with the Village of Mamaroneck.
He was the owner operator of an auto repair shop in the Town of
Larchmont, and had also been employed in Tarrytown. He comes highly
recommended.
5) CONSIDERING THE AUTHORIZATION OF FUNDS FOR A
ZONING STUDY REGARDING EXTENDING THE R2-F ZONING
DISTRICT COMMERCIAL OVERLAY
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE AUTHORIZATION OF FUNDS FOR A ZONING
STUDY REGARDING EXTENDING THE R2-F ZONING DISTRICT
COMMERCIAL OVERLAY
WHEREAS, the Village of Rye Brook has convened a
Zoning/Design Study Group to explore potential zoning changes to
accommodate and encourage commercial uses along South Ridge Street;
and
WHEREAS, the Zoning/Design Study Group has requested
Fredrick P. Clark Associates, Inc. to provide a proposal to perform a zoning
study to investigate extending the commercial overlay located on Bowman
and Westchester Avenues within the R2-F zoning district onto South Ridge
Street.
NOW THEREFORE BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook authorizes the funds in the amount of
$11,150 for Frederick P. Clark Associates, Inc. to perform said study; and
be it further
RESOLVED, that the Mayor is hereby authorized to sign any and
all necessary documents to accomplish the purpose of this resolution.
Board of Trustees Meeting
June 12,2007
Page 11
Trustee Feinstein noted that it was her opinion that authorizing the
expenditure of these funds was not right and she would not be voting in
favor of this resolution.
Trustee Sanders Romano noted that the Village needs a comprehensive
master plan. She felt that reviewing the Village piecemeal was a waste of
time. She felt that this resolution should be temporarily put aside.
Mayor Rand noted that the Village does have a Vision Plan. He noted that
looking at the Village section by section means that these reviews can be
worked into the master plan. He felt that these issues that should be
addressed now and not in five (5) years.
Trustee Sanders Romano noted that doing the review in a holistic way
would allow the Village to study all impacts.
On a motion made by Trustee Sanders Romano, and seconded by Trustee
Brown, the resolution was not adopted.
Mr. Burke called the roll:
TRUSTEE BROWN VOTING NAY
TRUSTEE FEINSTEIN VOTING NAY
TRUSTEE ROSENBERG VOTING NAY
TRUSTEE SANDERS ROMANO VOTING NAY
MAYOR RAND VOTING NAY
Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She
noted that a Master Plan is a very big undertaking for a Village. It is an
important undertaking because the Vision Plan only takes you so far. The
Vision Plan asks a lot of questions and points in a lot of direction, but
doesn't actually provide a plan. A Master Plan is an important way to find
out what the residents of the Village want. A Village-wide survey that
would ask for and discuss various issues and get the residents feedback on
these issues would be very important. Trends that are emerging in Rye
Brook could be reviewed. These kinds of studies cost money — no matter
who does the study for you. However, the end result would be a very good
picture of the Village today, from which a Master Plan could be created.
The review could cover commercial issues, recreational issues, residential
issues, storm water management, and could include as much as you want or
be narrowed down to certain issues. Code and Zoning revisions would be
Board of Trustees Meeting
June 12,2007
Page 12
based on a plan for the entire Village. A Master Plan would give a good
strong foundation for all changes.
Mayor Rand noted that Ms. Timpone Mohamed and Mr. Bradbury would
continue to review this matter.
6) CONSIDERING THE WESTCHESTER COUNTY POLICE
ACADEMY TRAINING INSTRUCTOR AGREEMENT BETWEEN
THE VILLAGE OF RYE BROOK AND THE COUNTY OF
WESTCHESTER DEPARTMENT OF PUBLIC SAFETY
Mr. Bradbury read the following resolution:
WHEREAS, the Village of Rye Book provides instructors to the
Westchester County Police Academy whenever circumstances permit; and
WHEREAS, the County of Westchester requires an Inter-Municipal
Agreement to defend and indemnify the Village in connection with any action
brought against the instructor.
NOW, THEREFORE, BE IT
RESOLVED,that the Board of Trustees of the Village of Rye Brook
authorizes the Village to enter into an Inter-municipal Agreement with the County
of Westchester for a Police Academy Training Instructor agreement for the period
from execution to March 20, 2012; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to sign all
necessary documents to implement the Inter-municipal Agreement.
On a motion made by Trustee Feinstein, 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
Board of Trustees Meeting
June 12,2007
Page 13
Mr. Bradbury noted that this is a very important program. This is how all
of the new recruits for the police and fire departments receive training.
7) CONSIDERING A VILLAGE CONTRIBUTION TO THE
COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF
HAWTHORNE AVE FOR THE ANNUAL PARADE
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING A VILLAGE CONTRIBUTION TO THE
COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF
HAWTHORNE AVENUE FOR THE ANNUAL PARADE
WHEREAS, the Village of Rye Brook Board of Trustees supports
the annual Columbus Day Parade sponsored by the Columbus Day Parade
Committee.
NOW, THEREFORE, BE IT RESOLVED, that the Village of
Rye Brook Board of Trustees hereby requests that $750.00 be provided to
the Columbus Day Parade Committee for its annual Columbus Day Parade;
and it is
FURTHER RESOLVED, that the Columbus Day Parade
Committee may use Hawthorne Avenue on Sunday, October 7, 200 (rain
date October 14, 2007) for the Columbus Day Parade 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 Feinstein, 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
June 12,2007
Page 14
The Chairman of the Port Chester/Rye Brook Columbus Day Celebration
Committee addressed the Board of Trustees. He thanked the Village Board
for their continued support. Everyone is invited to come and enjoy the
festivities. He noted that the Former Mayor of Port Chester, Gerald Logan,
will be honored at this year's celebration.
Mayor Rand noted that an additional resolution was added to the agenda. He
turned to Mr. Bradbury, who read the following resolution:
RESOLUTION
AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST
FOR A HOTEL OCCUPANCY TAX
WHEREAS, the Village of Rye Brook desires to enact an
occupancy tax on any room for hire within the Village; and
WHEREAS, the rate of such tax shall not exceed three (3) percent
of the per diem rental rate for each room; and
WHEREAS, NYS Senator Suzi Oppenheimer has introduced NYS
legislation to the Senate with bill number S.5007-A, and NYS
Assemblyman George Latimer has introduced NYS legislation to the
Assembly with bill number A.7902-A; and
WHEREAS, this legislation requires the passage of a Home Rule
Request to the NYS Senate and NYS Assembly by the Village of Rye
Brook.
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Trustees of the Village of Rye Brook hereby approves the submission of a
Home Rule Request to the NYS Senate and Assembly for bill numbers
S.5007-A and A.7902-A that would not exceed a three (3) percent daily
room tax for a hotel, motel, or similar place of public accommodation; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to
submit the Home Rule Request and execute and deliver all necessary
documents to NYS.
Board of Trustees Meeting
June 12,2007
Page 15
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
Mayor Rand noted that this is actually a repeat of a resolution that was
previously before the Board.
8) APPROVAL OF MINUTES: February 13, 2007; February 27, 2007;
March 13, 2007; March 27, 2007; April 10, 2007; May 22, 2007.
Mayor Rand reviewed the meeting minutes to be approved. It was noted
that all changes and corrections have been submitted by the members of the
Board.
Trustee Feinstein noted that she was not in attendance at the
February 13, 2007 meeting. Trustee Sanders Romano noted that she was
also absent from one of the meetings. As no corrections were submitted by
either Trustee for those meetings, Mayor Rand asked that a motion to
approve the minutes, as amended, be made.
On a motion made by Trustee Sanders Romano, and seconded by Trustee
Rosenberg, the minutes were approved as amended.
TRUSTEE BROWN VOTING AYE
TRUSTEE FEINSTEIN VOTING NAY
TRUSTEE ROSENBERG VOTING AYE
TRUSTEE SANDERS ROMANO VOTING AYE
MAYOR RAND VOTING AYE
Mayor Rand called for the next item on the agenda.
ADMINISTRATOR'S REPORT
Board of Trustees Meeting
June 12,2007
Page 16
Mr. Bradbury began his presentation by noting that the cell tower is moving ahead
and is almost completed. The sidewalk project on Ellendale and West William is
also moving ahead. The residents in that area have been notified of the work to be
done. The roadway paving work is continuing and should be completed by the
fall. Additional paving work was being done that is part of the current contract.
Mr. Bradbury gave a brief presentation on storm water and water quality issues
within the Village. He noted that FEMA has been working with the County to
give individual and small business owners assistance. There is information on the
Village's website, as well as the County's website. There is a lot of paperwork
that must be reviewed in connection with public reimbursement. FEMA will be
reimbursing the Village and this should come together in mid-July. Rye Brook
has applied for several grants and there are additional grants to be applied for in
connection with the storm water project. The County will be supplying the
Village with additional information on available funds.
Mr. Bradbury noted that the King Street and Loch Lane drainage improvements
are almost complete. The Village is waiting for the final three (3) easements.
Mr. Carosi has been working very hard on this project.
The new Edgewood basin is being reviewed. The Village has met with the
Department of Environmental Conservation. The Village has been approved for
$218,750.00 from the State towards this project.
The County's consultant has come in and reviewed Rich Manor Park. This is a
follow up review of the parkland. They will be replacing any dead plants,
applying herbicide, and completing any other maintenance work that is needed.
Mayor Rand pointed out that many beautiful characteristics at Rich Manor Park
have been restored.
Victor Carosi, Village Engineer, noted that there was a meeting with Mr. Dolph
Rotfeld, the Village's Engineering Consultant. This was a follow up meeting with
the Westchester County Park Department. A walk through took place, and it was
found that many of the plantings are doing well. The wild flowers planted in the
area are now blooming, and some fast spreading weed species are now being
eradicated. There are some concerns that are being reviewed. A significant
amount of grass clippings were found dumped right near the water. This leaks
fertilizers right into the water. This is parkland and residents must be aware that
no dumping of grass clippings is allowed. All lawn care professionals must be
made aware of this as well. The Village has a great green waste program and the
Board of Trustees Meeting
June 12,2007
Page 17
grass clippings are taken away at curbside. Mr. Carosi noted that, in general, the
Village is satisfied with the work that has been done on this parkland.
Mr. Bradbury noted that the Hidden Falls and Rye Brook were reviewing a
possible detention pond.
Mr. Bradbury stated that LISWIC has been very active. It has been reviewing the
storm water management district. Mr. Bradbury noted that he served on a sub-
committee and the assignment is to come up with one (1) comprehensive
recommendation to be considered for the storm water management district. A
report will go out next month.
County Legislator Tom Abinati has drafted legislation for a countywide flood
management district, similar to LISWIC. This is a good concept. In the
meantime, Westchester County has a flood summit scheduled for June 20, 2007.
HBR, one of the Village's engineering consultants, is working with the Army
Corp of Engineers on the Blind Brook Watershed. They are trying to come up
with projects that will help residents.
Rye Brook is continuing to work with Rye City. The two (2) municipalities are
sharing prior studies, and focusing on the best alternative that will make sense for
both communities.
Mayor Rand reminded everyone that Saturday was Rye Brook's 25f Birthday
Party at Crawford Park. There will be free food, drinks, games and rides. The
official ceremony is scheduled for 3:00 p.m. This is a milestone event that the
Recreation Department has worked on for countless hours. After the celebration
there will be a good old fashion out door movie under the stars. Bring a lawn
chair, blanket, and sit and enjoy the Rocky Balboa movie. Everyone is invited.
Mayor Rand turned to members of the public, asking anyone who wished to
address the Board to come forward.
Mr. Bernard Abel addressed the Board. He stated that about three (3) weeks ago
the Westmore News ran an article on subsidized housing which is being proposed
by Mr. Morabito of the Town of Rye. He was unsure of where any construction
was being considered since the remaining parcel of Village owned property is on
Ellendale. Mayor Rand responded that the Village is aware of this idea, and
preliminary discussions have taken place. This is a concept and it is far from a
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June 12,2007
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reality. Part of the concept is a land swap, but this project is in its very early
stages.
Mr. Abel gave a brief history on Rich Manor and Crawford Park. He noted that
when he owned the Westmore News a developer wanted to build 25 to 30 houses
on the parcel now known as Rich Manor Park. The Westmore News put a stop to
this development by going on a crusade. Articles were written and after some
time it was suggested that a flood control district be created to prevent the owner
of the property from further development. Mr. Abel also noted that he had a hand
in creating Crawford Park. He pointed out that the Town of Rye should not have
control over Crawford Park—the Village of Rye Brook should. There is no longer
a United Hospital, to which the Crawford Park could revert. He suggested that
this be looked into.
Next Mr. Abel complimented the Village of Rye Brook Board. He noted that it is
run the way a municipality's government should be run. He noted that the Town
of Rye gives away 32 passes worth $100 each every year for Rye Beach, plus an
associate gets 32 passes. That is a total of$6,400.00. The Villages of Rye Brook
and Port Chester not to accept any free passes. The Mayor of Rye said that he
does not get a free pass. When questioned about the free passes and who gets
them, Mr. Abel learned that there is no record of the passes or who receives them.
He asked that Rye Brook look into this as well, especially since the money being
given away belongs to Rye Brook.
Mayor Rand noted that the current Board is not afraid to stick up for Rye Brook
residents and as a Commissioner on the Rye Town Parks Commission, he will ask
that Commission to cease the practice of distributing free passes without the
Commission's approval.
Trustee Feinstein asked for a status report on the GPS system. Mayor Rand called
upon Victor Carosi, Village Engineer, for a brief update. Mr. Carosi noted that he
was happy to report that at this time there have been initial meetings, and an
exchange of information. In addition, a good portion of the survey work has been
completed, and a meeting has been scheduled to discuss the preliminary
framework of the study. The intent is use this data to formulate the paving
projects. This project is moving forward quickly.
There being no further business before the Board, and no additional comments
from members of the public, Mayor Rand called for a motion to adjourn.
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June 12,2007
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On a motion made by Trustee Feinstein, and seconded by Trustee Sanders
Romano, the meeting was adjourned at 9:25 p.m.
Mr. Burke called the roll:
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
June 12,2007
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