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HomeMy WebLinkAbout2007-09-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, SEPTEMBER 25, 2007— 7:30 P.M. 7:OOp.m. Executive Session-Personnel Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS RESOLUTIONS: 1) Setting a public hearing to amend Chapter 250 of the Village of Rye Brook Village Code to amend portions of the Zoning Code and referring the proposed amendments to the Village Planning Board for report and recommendation 2) Setting a public hearing to amend Chapter 217 of the Village of Rye Brook Village Code storm water pollution and prevention. 3) Setting a public hearing on a proposed local law regarding Illicit Discharge Detection and Elimination 4) Setting a public hearing on proposed amendments to Chapter 235 of the Village of Rye Brook Village Code regarding the tree code 5) A resolution authorizing the issuance of$1,000,000 bonds of the Village of Rye Brook, Westchester County, New York, to pay the cost of the installation of storm drain pipe, related drainage improvements and drainage related pavement, curbing and sidewalk improvements along portions of King Street, Loch Lane and the Beachwood Circle area, in and for said Village ADMINISTRATOR'S REPORT: • Update on Energy Star program OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia 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 Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Secretary CONVENE: Mayor Rand asked everyone to join him in the Pledge of Allegiance. Mayor Rand called for the first item on the agenda RESOLUTIONS: Christopher Bradbury, Village Administrator, read the resolution. SETTING A PUBLIC HEARING TO AMEND CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE TO AMEND PORTIONS OF THE ZONING CODE AND REFERRING THE PROPOSED AMENDMENTS TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION WHEREAS, a local law has been proposed to amend Chapter 250 of the Village Code to amend certain portions of the code regarding parking requirements in the R2F zone. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 30, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Planning Board for report and recommendation. Mayor Rand asked for a motion on the resolution and a motion was made by Trustee Rosenberg and seconded by Trustee Romano. Mr. Bradbury gave a brief explanation of the Local Law Chapter 250 which is recommending restrictions for off street parking for 2 family homes. The current code allows for 2 off street parking spaces but for 2 family homes it would require 5. In addition there is an issue with floor space and making sure there is a minimum of 750 square feet for each family to be housed as recommended by the Building Inspector. The last change is making the landlords allow tenants or not prohibit the second family from having the off street parking. Mr. Beane added that he thought there might be a problem but it was worth a try. Trustee Rosenberg suggested the wording might be changed in the Law because it sounds like the Village is providing the spaces. Mayor Rand called for a vote on the resolution. Mr. Burke called the roll: Trustee Brown VOTING AYE Trustee Rosenberg VOTING AYE Trustee Feinstein VOTING AYE Trustee Romano VOTING AYE Mayor Rand VOTING AYE Motion carries. Mayor Rand called for second item on the agenda: Chris Bradbury, Village Administrator read the resolution: SETTING A PUBLIC HEARING TO AMEND CHAPTER 217 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING STORMWATER POLLUTION AND PREVENTION WHEREAS, a local law has been proposed to amend Chapter 217 of the Village Code regarding the technical standards required for stormwater management in the Village. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 16, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law; and Mayor Rand called for a motion on the resolution as read. A motion was made by Trustee Rosenberg and seconded by Trustee Romano. Mr. Bradbury explained that this will change how storm water on properties is reviewed encouraging the homeowners to store their storm water on site. Mr. Carosi addressed the Board and added that what they are trying to do is modify to match the current practice and have homeowners understand that the Village wants everything captured. When someone builds a home and puts a drywell, they want to ensure that the calculations provided are adequate and that all water collected remains on the site. Trustee Rosenberg asked if this would affect small minor changes by a homeowner and Mr. Carosi explained it would not. There are no thresholds changing and this section of the law only applies to minor projects under 20,000 square feet. Mayor Rand called for a vote on the resolution as amended. Mr. Burke called the roll: Trustee Brown VOTING AYE Trustee Rosenberg VOTING AYE Trustee Feinstein VOTING AYE Trustee Romano VOTING AYE Mayor Rand VOTING AYE Motion carries. Mayor Rand called for the third item on the agenda: Christopher Bradbury, Administrator,read the resolution: SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW REGARDING ILLICIT DISCHARGE DETECTION AND ELIMINATION WHEREAS, a local law has been proposed to create a new Chapter, regarding Illicit Discharge Detection and Elimination (IDDE). NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 30, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law; and Mayor Rand asked for a motion on the resolution and a motion was made by Trustee Romano and seconded by Trustee Rosenberg. Mr. Bradbury explained that a regulation needs to be in effect by the end of this year consistent with the Guideline and basically not allowing any illegal connections into the storm water systems. Trustee Rosenberg asked exactly what was illegal and it was explained that it lists in the guidelines what the exemptions are. Mr. Carosi explained it is eliminating pollutants into the storm water systems. This is a continuation to make sure that if the Village finds someone polluting the water there is prohibition against it. Exceptions would be things like discharge from the laundry. Trustee Romano asked about water course protection and if the definitions are consistent with definitions in other parts of the law. Mr. Carosi explained this is based upon a model law but as for the water course protection that is something he agrees should be looked at for inclusion. Trustee Feinstein noted that the fines should be spelled out in the law as well and should be done simultaneously. Mayor Rand called for a vote on the resolution as amended. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the 4th item on the agenda SETTING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING THE TREE CODE WHEREAS, a local law has been proposed to amend Chapter 235 of the Village Code to amend certain portions of the tree code. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on October 30, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law; and Mayor Rand called for a motion on the resolution and a motion was made by Trustee Brown and seconded by Trustee Romano. Mr. Bradbury explained that a previous local law was proposed by the Environmental Council and the Engineering Department, particularly Mike Nowak, made some modifications. The proposal includes regulating trees with key provisions being eliminating the list of protected tree species,reduces the size of the tree from 12 inches to 8 inches. It is more restrictive in some areas and less in others. One item to also consider is the wildlife in the trees and how they would be removed. Mayor Rand stated that the penalties in the past have possibly been too lenient and asked about increasing the penalties. Mr. Bradbury responded that there would be a replant code added and on the penalty end there is a new section with formulas to increase the fines on the tree violations. Mayor Rand suggested that there be both, replanting and a stricter penalty/fine especially if the tree was removed illegally. Mayor Rand asked if the Environmental Council would have enough time to review this and Mr. Carosi explained that it was on their agenda last night and the items here are all their recommendations. This is the final product of what they have been discussing for quite some time. In addition, as Mr. Bradbury said, they have removed the protected tree list but added what is called a significant tree to protect the very large trees that have been around for a long time. To remove a tree like that would have to go before the Environmental Council for a determination. Mayor Rand stated that one of the issues is that this is an Environmental issue and one of the complaints is that this has not had enough teeth in it and basically was due for an upgrade to a simpler new cleaner law. Trustee Rosenberg does not like the 12 to 8 reduction but is pleased with the other changes such as the significant tree. Also, the distance from utilities, in regard to the new Con Ed tree pruning plans, asked if that was taken into consideration. Mr. Carosi explained they have worked in concert with Con Edison so as to avoid any future problems. Mr. Bradbury stated that future discussions with Con Ed would probably be necessary. Mr. Carosi agreed noting problems in the past with Con Ed pruning trees and leaving the debris behind. Mayor Rand asked how the Board felt about the 12 to 8 reduction concern brought up by Trustee Rosenberg. He believed it might have been a trade off by the Environmental Council and that is his concern. Mayor Rand proposed that maybe it should go back to the Environmental Council and maybe look more at some of the surrounding communities. He would like some more research done. Trustee Brown asked how difficult it is to replace an 8 inch tree and Mr. Carosi responded it would be pretty difficult because it is a very large tree. Trustee Brown believes that maybe an 8 inch is the way to go but he would also like to hear the reasoning from the Environmental Council. Trustee Romano asked about some wording about the number of trees that can be cut down in one particular area and if there is a sliding scale it is based on. Mayor Rand suggested that maybe because of all the questions tonight, the Environmental Council may want to call a special meeting and answer all of the questions/concerns addressed here tonight. Mayor Rand called for a vote on the resolution setting the Public Hearing and Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE th Mayor Rand called for the 5item on the agenda: Mr. Bradbury stated the resolution was very long but explained that this is specifically for the drainage,paving, sidewalk improvement project in the Beechwood Circle area. A RESOLUTION AUTHORIZING THE ISSUANCE OF$1,000,000 BONDS OF THE VILLAGE OF RYE BROOK,WESTCHESTER COUNTY,NEW YORK, TO PAY THE COST OF THE INSTALLATION OF STORM DRAIN PIPE,RELATED DRAINAGE IMPROVEMENTS AND DRAINAGE- RELATED PAVEMENT,CURBING AND SIDEWALK IMPROVEMENTS ALONG PORTIONS OF KING STREET,LOCH LANE AND THE BEACHWOOD CIRCLE AREA,IN AND FOR SAID VILLAGE. WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required,have been performed; and WHEREAS, it is now desired to authorize the financing of such project. NOW, THEREFORE, BE IT RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County,New York, as follows: Section 1. For paying the cost of the installation of storm drain pipe, related drainage improvements and drainage-related pavement, curbing and sidewalk improvements along portions of King Street, Loch Lane and the Beachwood Circle area, including, but not limited to, the installation of various storm drain piping, drainage structures, catch basins, required appurtenances, connection to existing municipal drainage structures and incidental expenses in connection therewith, in and for the Village of Rye Brook, Westchester County, New York, a class of objects or purposes, there are hereby authorized to be issued $1,000,000 bonds of said Village pursuant to the Local Finance Law. Section 2. The estimated maximum cost of the aforesaid class of objects or purposes is hereby determined to be $1,000,000, and the plan for the financing thereof is by the issuance of the $1,000,000 bonds of said Village authorized to be issued pursuant to this bond resolution. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is thirty years, pursuant to subdivision three of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds authorized will exceed five years. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds,who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds,providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. The validity of such bonds and bond anticipation notes may be contested only if. (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. Upon this resolution taking effect, the same shall be published in summary in The Journal News, the official newspaper, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 12. This resolution is adopted subject to permissive referendum in accordance with Section 36.00 of the Local Finance Law and Article 9 of the Village Law. Mayor Rand asked for a motion on the resolution. A motion was made by Trustee Rosenberg and seconded by Trustee Romano. Trustee Feinstein does not understand the rationale of doing $1,000,000 when we only have a $700,000 budget item. She understands it could go above by $20,000 or so but the Board would never approve an overage of$300,000. Mr. Bradbury answered that this is a Serial Bond and not a Ban. This is subject to a permissive referendum. This is to maximize the flexibility and the Board will ultimately have to authorize the final amount. Ultimately you would only take out the amount you need to cover the bid. Mayor Rand called for a vote on the resolution and Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand asked if everything fell into place, when the job would start. Mr. Carosi stated that this is a winter job and would like to see a December 1 start date. Winter projects bring a more competitive bidding process as well. The big part of the project along King Street is off the immediate road way area. It will not be easy and there could be brief delays due to the whether but at the end of the day there will be storm drains, curbing and paving on Loch Lane. ADMINISTRATOR'S REPORT: • Update on Energy Star program Mr. Bradbury stated he had spoken to the coordinator of the Energy Star program and basically there are 3 programs that Rye Brook might be interested in. The Energy star program for new homes, which was enacted in the Town of Greenburgh, could either be a requirement or voluntary. The program calls for better insulation, more efficient heating and cooling system and energy saving appliances. Basically it is a cost saving plan for residents to have energy efficient homes which in turn helps the environment. There are loans up to $20,000 or grants up to $5,000 which are available to residents as well. Mr. Bradbury asked if the Board would like Energy Star to make a presentation at our next meeting and the consensus of the Board was yes. Mr. Bradbury stated it is the season and there is preplanning starting with the possibility of a Halloween staff party and discussion with Chief Austin regarding the parks closing at sunset again. There would be a Police presence at the parks again and notifying the schools of such. The Town of Greenwich expects the project on King Street near Shemins to be completed by next week and will try and work on off hours due to traffic concerns. The Leaf Collection program starts in October. Mr. Bradbury added that at King Street and Glenville Road there has been a traffic nightmare because some of the loops for the traffic lights were broken and they are working on correcting that. Mr. Bradbury reported that the Safe Housing Task Force has a lot of good activity happening. He explained it is the priority of this Village Board to address illegal housing and currently there are 17 housing matters in court right now. It is not in any particular area as it is throughout the Village. It is a very aggressive program but for the right reasons. Mayor Rand was asked at AJP today about the bus for the seniors—the current bus is on its way out and in pretty bad shape. Mayor Rand asked about leasing a bus in the interim to make things a little easier and more comfortable for the Seniors. Chris stated the funding is in this year's budget but would need to be done toward the end of the budget year. Mayor Rand spoke about the Friends of Crawford Park 5K race and stated it is a good event and the money goes to the Friends of Crawford Park who are keeping the park as beautiful as it is. Mayor Rand apologized for some confusion in his recent newsletter in which he suggested that people advise the Village if they see something wrong or illegal going on such as putting signs up when not allowed. He stated that some residents took offense with the suggestion that they spy on their neighbors. Mayor Rand added that the Police Department is very vigilant but they can't be everywhere and neighborhood watch is something that would be for the betterment of the entire Village for every neighborhood. Chief Austin addressed the Board and stated he has been working with the department to make sure violations like trash and tag sale signs are all enforced when the officer sees it and to take action. Warnings are issued first and there are not many repeat or frequent reoffenders. There have not been many summonses issued because the warnings seem to be working. Mayor Rand added that basically the people of the Village tell him that they are happy with the way the Village looks. He made mention of our Parks Department and the plantings being added around the Village. Mayor Rand also was asked about the article he wrote in the Westmore News regarding the inaccuracies in the Rye Town Report. He said that there were some errors that had to do with the increase or decrease of the tax rate for Rye Brook residents. His letter responded to the inaccuracies in the increase or decrease of the rate and not the actual tax levy increase or decrease. Mayor Rand asked for comments from the public. Mr. Hubert, 53 Doral Greens West wanted to give a public and belated thank you for the Mayor's diligence on having a break through in the dispute over the Garden Inn proposal that has been going on for years and cost a fortune in legal fees to Doral Greens residents and settled the issue of King Street and Anderson Hill Road. Mayor Rand responded it was a very difficult and successful negotiation that happened due to the effort of the Board and Staff. Trustee Feinstein added that changes have been made to the site plan and the number of units was decreased from 43 to 31. It has been before the Planning Board but final approval authority will rest with this Board. There are certain parameters to follow and we are not quite there yet but the negotiations are moving forward but being held up by the applicant right now. Mr. Hubert asked about the housing market collapse and whether it will affect this application. Mayor Rand responded that he has asked questions about the housing inventory in the Village and was surprised to hear it has not increased and the turnover was pretty steady. Rye Brook still remains a highly desirable community reflected in the fact that the inventory has not expanded and he does not see a lot of signs posted. The housing market prices for these proposed units at Kingswood will probably be priced in line with Doral Greens. Mr. Hubert asked when construction might begin and Mayor responded that he would think by Spring of 2008. Mr. Hubert asked about the cross walk at Anderson and King and added that he had conversations with the Town of Greenwich and would appreciate the Board assisting with that. This seems to be a good time since they are rebuilding the entire street. Mayor Rand and Mr. Bradbury added that they could look into that in their conversations with Greenwich. The Village has a good dialogue going with Greenwich and would be happy to discuss these items with them. Meeting adjourned at 8:52pm.