Loading...
HomeMy WebLinkAbout2007-06-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 26, 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 no parking along part of Hillandale Road near King Street 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, Section 1, Block 22, Lots 2B and 2B2 Board of Trustees Meeting June 26,2007 Page 1 3) Considering a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding no parking along part of Hillandale Road near King Street 4) Considering the appointment of a Police Officer 5) Authorizing a workers compensation carrier for the Village of Rye Brook 6) Considering the approval of use of Village Streets for the 23 d Annual Westchester Triathlon 7) Referring a proposed amendment to Chapter 130 of the Village of Rye Brook Village Code to revise the Flood Damage Prevention local law to the Planning Board and setting a public hearing 8) Setting a public hearing to amend Chapter 240 of the Village of Rye Brook Village Code regarding new stop signs at certain intersections in the Village ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS: Road Improvement and subdivision project— Sylvan Road in Rye Brook and Port Chester DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: July 10 and July 24, 2007 Board of Trustees Meeting June 26,2007 Page 2 BOARD MEMBERS: Mayor Lawrence Rand Trustee Michael S. Brown Trustee Joan Feinstein Trustee Paul S. Rosenberg Excused: Trustee Patricia Sanders Romano STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE: Mayor Lawrence Rand welcomed everyone to the regular meeting of the Board of Trustees. With the consensus of the Board, Mayor Rand called for item #4 on the agenda: 1) CONSIDERING THE APPOINTMENT OF A POLICE OFFICER Mr. Bradbury, Village Administrator, read the following resolution: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED, that Marc Rampolla of 12 E. Saw Mill Run, Poughquag, New York, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary is $40,109 with an effective start date to be determined. On a motion made by Trustee Michael Brown, and seconded by Trustee Joan Feinstein, the resolution was adopted. Board of Trustees Meeting June 26,2007 Page 3 Mr. David Burke, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury stated that he was very pleased to recommend Officer Rampolla. He noted that Officer Rampolla has been working with the Putnam County Sheriff's Department and that he holds a B.A. from SUNY Cortland. Officer Rampolla thanked the Mayor and the Board for the opportunity. Mayor Rand noted that he was pleased to be able to present a Certificate of Appreciation to Mr. William Aughavin. The Village of Rye Brook has an Auxiliary Police Force which was formed over 20 years ago, and Mr. Aughavin is the man that is responsible for the formation of this force. Mayor Rand also noted that over the years Mr. Aughavin has served on several Village Boards. Mr. Aughavin thanked the Village Board for the Certificate. He noted that the Auxiliary Police Force was looking for new members. He noted that Auxiliary Police Officers undergo training such as medical training and firearms. Mr. Aughavin was thanked for his years of work with the Village. Mayor Rand returned to the agenda. He called for the first matter under public hearings. 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 2112. Board of Trustees Meeting June 26,2007 Page 4 Mr. Bradbury gave a brief presentation on this application. He noted that the applicant has provided additional information. Most of the outstanding issues have been resolved. Mayor Rand declared the public hearing open. He noted that the issues now before the Board were the Site Plan Review and review of the parcel of land to be donated to the Village. Mr. Bradbury noted that there is an issue of contaminated soil on the property. This is being remediated and the applicant expects the clearances to be issued by the Department of Environmental Conservation (DEC) very soon. The contaminated soil was located on the parcel of the property that would be designated as parkland. Mr. Bradbury noted that the Village has brought in an outside consultant to review the matter. Mr. Michael P. Musso, Senior Project Engineer from the firm of Lawler, Matusky & Skelly Engineers, addressed the Board. He noted that the review of this project has been going on for many, many years. The strip portion of the property has been reviewed for use as passive parkland. A thorough review of the historic operations and site use was completed during the FEIS. In the 1990's both soil and ground water tests were done. The New York State Department of Environmental Conservation (DEC) status has been reviewed, and nothing new has been discovered. The remediation work has also been reviewed. Mr. Musso pointed out that the property is actively being reviewed by the DEC — but no decision has been made one way or the other. More sampling will be done. This property has a history of construction and demolition debris and fuel oil contamination was found on the strip portion of the property. The Village is now reviewing the potential liabilities of operating and taking over the parcel of land to be used as passive parkland. All possible environmental conditions must be reviewed. The DEC is also actively reviewing the property and no decision has been reached one way or another. Mr. Musso recommended that the Village also do additional testing for metals, pesticides, and other chemicals. He recommended that the testing continue to ensure that there would be no liability on the Village's part. Trustee Joan Feinstein noted that there have been many public hearings and meetings in connection with the contamination on the property. The Board is still waiting for a response from the DEC. She asked that the applicant's engineer to give the Board an update on the DEC's review. Board of Trustees Meeting June 26,2007 Page 5 Mr. Jim Ryan, the applicants consultant addressed the Board. He reiterated the fact that, to-date, no letter has been received from the DEC but their response is expected very soon. The DEC has all of the data needed and now the applicant is awaiting their response. In addition he noted that the applicant has a Plan B, which is the removal of the soil from the site. The applicant believes that this site has been thoroughly tested. The objective is to turn over the parcel of land to the Village as a clean site. The reason that no other contaminants were checked for on this property was because the property has been reviewed by two (2) environmental firms and they have both agreed that it would not be necessary. This was the site of a landfill. Trustee Rosenberg stated that the Planning Board was reviewing the application for a wetlands permit. No conclusion has been reached. Trustee Feinstein also noted that the construction management plan has not yet been received. Mr. Ryan stated that he would review the issue of the wetlands permit and would make sure that a construction management plan was delivered to the Village immediately. Trustee Feinstein questioned the construction management plan. She noted that she was not willing to grant any variances to the Village's Code, which should be strictly enforced. In addition, the Village of Rye Brook will be working cooperatively with the Port Chester Middle School during the construction phase of this project. Mr. Ryan noted that the Village's Engineer has already contacted the applicant and the applicant is aware of the restrictions on times of construction within the Village's Code. Mayor Rand noted that no resolutions would be adopted until the Village was satisfied with the reviews, construction plan, and wording in the resolution. Carolina Johansen, resident of the City of Rye addressed the Board. She noted that she represented a number of concerned citizens of Rye who have been affected by the most recent heavy rains and flooding. She stated that she looked forward to working with Rye Brook on a flood mitigation plan, and said that any effort to accomplish mitigation is worthwhile. No one expects that the flooding problems would be entirely solved, but any mitigation will help and could mean the difference between flooded basements and flooded first floors. Mayor Rand noted that a meeting has been scheduled with the County and the City of Rye. They will be reviewing the applicant's property, as well as Board of Trustees Meeting June 26,2007 Page 6 other property owned by the City of Rye. However, at this time it is important to note that Rye Brook has an application before it and it must act, one way or another on the application. Rye Brook recognizes that this is a sensitive location for many reasons, but in fairness to the applicant this is the eleventh hour for people to come forward with issues that should have been addressed during the lengthy EIS process. Mr. Bradbury noted that the Village's staff has been working very closely with the applicant's consultants. The applicant is aware of the discussions regarding this property, and of the fact that the County has created a Task Force to review flooding issues. Rye Brook and the City of Rye will be working closely on possibly mitigation efforts regarding flooding. There were no additional comments from members of the public, therefore Mayor Rand called for a motion to close the public hearing. On a motion made by Trustee Brown, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that neither of the resolutions on the agenda regarding this application would be heard and/or voted upon at the meeting. However, with the closing of the public hearing the clock is now ticking. The Village now has sixty (60) days to act on the resolution. The next meeting of the Board of Trustees is scheduled for July 10, 2007. However, there will not be a full compliment of the Board in attendance at that meeting, and the members of the Board felt that the resolutions should not be acted upon until there was a full compliment of the Board. Mayor Rand called upon George Latimer, Assemblyman, who wished to address the Board. He noted that he has been working on two (2) Bills in Albany that were Rye Brook specific bills. The first is a bill that would allow for three-year terms for Rye Brook officials. The second bill is a hotel occupancy tax. This is a good bill for Rye Brook because every revenue stream that offsets property taxes Board of Trustees Meeting June 26,2007 Page 7 is good for the residents. This change to legislation may also help with capital projects that have been proposed down the line. Mayor Rand called for item #2 on the agenda under public hearings: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NO PARKING ALONG PART OF HILLANDALE ROAD NEAR KING STREET Mr. Bradbury gave a brief presentation on the matter before the Board. He noted that this local law would restrict parking on sections of Hillandale Road. This matter came before the Board as a matter of safety and has been reviewed by the Village's Traffic Commission. Mayor Rand called for comments and questions from the public and Board members. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: 3) CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NO PARKING ALONG PART OF HILLANDALE ROAD NEAR KING STREET Mr. Bradbury read the following resolution: Board of Trustees Meeting June 26,2007 Page 8 RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NO PARKING ON HILLANDALE ROAD NEAR KING STREET 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 along Hillandale Road; and WHEREAS, a local law has been proposed to amend Ch. 240 to prohibit parking along Hillandale Road; and WHEREAS, on June 26, 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 26, 2007. NOW, THEREFORE, BE IT RESOLVED, the amendments to Chapter 240 of the Code of the Village of Rye Brook regarding no parking along Hillandale Road are hereby adopted. There were no comments on this resolution. On a motion made by Trustee Brown, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) AUTHORIZING A WORKERS COMPENSATION CARRIER FOR THE VILLAGE OF RYE BROOK Mr. Bradbury read the following resolution: Board of Trustees Meeting June 26,2007 Page 9 RESOLUTION WHEREAS, the Authorized Representative of the Village of Rye Brook desires to secure the Village of Rye Brook's obligation to provide volunteer firefighters' benefit law, volunteer ambulance workers' benefit law and workers' compensation benefits, as applicable, through participation in a group self-insurance program of which the Village of Rye Brook will be a member. NOW THEREFORE BE IT RESOLVED, that the Authorized Representative of the Village of Rye Brook, duly convened in regular session, does hereby resolve, pursuant to, and in accordance with the provisions of Section 50 of the New York State Workers Compensation Law and other applicable provisions of law and regulations there under; as follows: Section 1. The Authorized Representative (hereinafter "Representative") of the Village of Rye Brook does hereby resolved to secure the Village of Rye Brook's obligation to provide volunteer firefighters' benefits law, volunteer ambulance workers' benefit law and workers' compensation benefits, as applicable, through participation in a group self-insurance plan which the Village of Rye Brook will become a member; and Section 2. The Representative of the Village of Rye Brook does hereby resolve to become a member of Public Employer Risk Management Association, Inc., a workers' compensation group self-insurance program for local governments and other public employers and instrumentalities of the State of New York; and Section 3. In order to effect the Village of Rye Brook's membership in said group self-insurance program, the authorized officer of the Village of Rye Brook is hereby authorized to execute and enter into the Public Employer Risk Management Association Workers' Compensation Program Agreement, annexed hereto as Exhibit A, on behalf of the Village of Rye Brook. Section 4. This resolution shall take effect immediately upon the plan year beginning July 1, 2007 in accordance with the estimated premium of $148,422 received from PERMA on June 13, 2007. Board of Trustees Meeting June 26,2007 Page 10 Mr. Bradbury noted that he has previously worked with this company and found them to be very good. He also stated that he was very pleased with this proposal. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) CONSIDERING THE APPROVAL OF USE OF VILLAGE STREETS FOR THE 23RD ANNUAL WESTCHESTER TRIATHLON Mr. Bradbury read the following resolution: RESOLUTION APPROVING USE OF VILLAGE STREETS FOR THE 23rd ANNUAL WESTCHESTER TRIATHLON RESOLVED, that the Westchester Triathlon is authorized to use the Village of Rye Brook streets for the 23rd annual Westchester Triathlon on Sunday, September 23, 2007, requested in the letter dated June 7, 2007; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting June 26,2007 Page 11 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) REFERRING A PROPOSED AMENDMENT TO CHAPTER 130 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO REVISE THE FLOOD DAMAGE PREVENTION LOCAL LAW TO THE PLANNING BOARD AND SETTING A PUBLIC HEARING Mr. Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED AMENDMENT TO CHAPTER 130 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO REVISE THE FLOOD DAMAGE PREVENTION LOCAL LAW AND SETTING A PUBLIC HEARING WHEREAS, the Village of Rye Brook participates in the National Flood Insurance Program; and WHEREAS, the Village has received a Model Local Law for Flood Damage Prevention from the New York State Department of Environmental Conservation in order to update the Village Code to comply with the requirements of the National Flood Insurance Program; and WHEREAS, a local law has been proposed to amend Chapter 130 of the Village Code in order for the Village to continue to participate in the National Flood Insurance Program. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Planning Board for report and recommendation; and Board of Trustees Meeting June 26,2007 Page 12 BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on September 11, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mr. Bradbury noted that there will be some review, and some side-by-side comparisons. 8) SETTING A PUBLIC HEARING TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW STOP SIGNS AT CERTAIN INTERSECTIONS IN THE VILLAGE Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NEW STOP SIGNS AT CERTAIN INTERSECTIONS IN THE VILLAGE WHEREAS, the Village of Rye Brook Traffic Commission has requested that Ch. 240 of the Code of the Village of Rye Brook be amended Board of Trustees Meeting June 26,2007 Page 13 to add new stop signs at certain intersections in the Village of Rye Brook; and WHEREAS, a local law has been proposed to amend Chapter 240 to add new stop signs at certain intersections in the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 10, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Trustee Feinstein noted that there are three (3) proposed stop signs. She noted that one of these stop signs already exists. Mayor Rand noted that the Police Department is enforcing full stops and not rolling stops. We often see people that do not make full stops, and now they will be issued tickets. Mayor Rand called upon Mr. Bradbury for the Administrator's report: ADMINISTRATOR'S REPORT Mr. Bradbury thanked everyone for the hard work on the Rye Brook Birthday Celebration. It was a wonderful event, with a record number of people attending. FEMA has been visible in the area to assist residents with flooding issues. Now that most of the work has been completed, FEMA will be reimbursing the Village Board of Trustees Meeting June 26,2007 Page 14 of Rye Brook for approximately $100,00.00 for public assistance. There was a lot of good work done. Mr. Bradbury stated that the Village-wide lighting project is now complete, and that the sidewalk project is continuing on West William, Ellendale, and Franklin Street. All residents have been advised of the work and the traffic flow has been maintained. Mr. Bradbury noted that on the agenda under New Business was the Sylvan Road project. It was asked that this matter be put on the agenda to ensure that Rye Brook residents are aware of this project. This project is in Port Chester, and will be heard by the Port Chester Planning Commission. The proposal is to include a road that is currently a paper road. This road will connect Candy Lane and Betsy Brown Road, will increase traffic in the area, and will have an effect on the residents of Rye Brook. It was noted that Rye Brook will be following the progress of the application very closely and will keep its residents advised of the progress. Mayor Rand noted that he recently received an e-mail from a resident of Parkwood Place. There is an opening on the Environmental Counsel, and although this is a mayoral appointment, Mayor Rand asked that a resolution be added to the agenda. Mr. Bradbury was asked to read the resolution: RESOLUTION APPOINTMENT TO THE ADVISORY COUNCIL ON ENVIRONMENTAL CONSERVATION NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, hereby appoints Jackie Freedman of 23 Parkwood Place, Rye Brook,NY to the Advisory Council on Environmental Conservation. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted. Board of Trustees Meeting June 26,2007 Page 15 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Jackie Freedman was congratulated on her appointment. Mayor Rand noted once again, that any resident who requested an appointment to a Board in Rye Brook has been placed on a Board. Mayor Rand called for members of the public wishing to address the Board. As there were no members of the public, Mayor Rand called for comments from the Board and/or a motion to adjourn. Trustee Feinstein noted that as the lighting project is complete, and she hoped that the projected cost savings would be seen and that the funds could be used for additional paving work within the Village. Trustee Feinstein requested that the July 10th meeting be cancelled and that the public hearing scheduled for the 10t" be moved to agenda for the July 24th The consensus of the Board was to cancel the July 10th meeting, and Mayor Rand called for a motion to move the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing from July 10th was moved to the agenda of July 24th TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for a motion to cancel the July 10th Board of Trustees Meeting. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the July 10th meeting of the Board of Trustees was cancelled. Board of Trustees Meeting June 26,2007 Page 16 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand wished everyone a safe 4t" of July, and reminded everyone of the celebration scheduled at Port Chester High School. There being no further business before the Board the meeting was adjourned at 8:45 p.m. Board of Trustees Meeting June 26,2007 Page 17