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HomeMy WebLinkAbout2007-11-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 27, 2007-7:30 P.M. AGENDA Comprehensive Plan Work Session— 6:15 P.M. ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Report by Westchester County Commissioner of Transportation and County Legislator regarding an update on airport activities. PUBLIC HEARINGS RESOLUTIONS: (1) Setting a Public Hearing to amend Chapter 130 of the Village Code, Flood Damage Prevention (2) Setting a Public Hearing for an amended local law extending the Building Permit Amnesty Program (3) Consenting to an appointment to the Town or Rye Board of Assessment Review (4) Considering the cancellation of the December 25, 2007 Board of Trustees meeting ADMINISTRATOR'S REPORT OLD BUSINESS Board of Trustees Meeting November 27, 2007 Page 1 NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: December 11, 2007 and January 8, 2008 BOARD: Mayor Lawrence A. Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Patricia Sanders Romano Trustee Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Paula Patafio, Meeting Secretary Fred Seifert, Public Access Coordinator Mayor Rand noted that a Work Session was held prior to the Regular Meeting of the Board of Trustees in connection with the Comprehensive Plan. He stated that Trustee Patricia Sanders Romano, along with a number of other people in the community, have been working on this plan for quite some time. It is now ready to be moved to the next stage, probably some time in January, 2008. In 2000 the Village adopted a Vision Plan, but the Village has never had a comprehensive plan. This is a very important project, and there will be notification for all public hearings. Members of the public interested in this project can also find information posted on the Village's website. Mayor Rand called upon the Commissioner of Transportation for Westchester County and County Legislator, Martin Rogowsky for a presentation regarding the Westchester County Airport. Board of Trustees Meeting November 27, 2007 Page 2 REPORT: (1) REPORT BY WESTCHESTER COUNTY COMMISSIONER OF TRANSPORTATION AND COUNTY LEGISLATOR REGARDING AN UPDATE ON AIRPORT ACTIVITIES. Martin Rogowsky, County Legislator, thanked the Board of Trustees for allotting time for a report on the activities of the airport. He also thanked everyone for their support and assistance in the recently election during which he was re-appointed. Mr. Rogowsky noted that there was good news for the Village of Rye Brook and its senior citizens. The new van scheduled to be purchased for the senior center will be purchased sooner than expected. Mr. Rogowsky stated that a meeting with the Westchester County Department of Public Works at the County Office Building was scheduled for November 28, 2007. At that time the status of Ridge Street, federal funding, and when the Village of Rye Brook would be taking over this roadway will be addressed. Mr. Rogowsky called upon Commissioner Larry Salley for an update on various projects at the Westchester County Airport. Commissioner Salley noted that the airport must have a de-icing process. The County is watching out for the interests of Rye Brook and the surrounding municipalities. It was noted a public scoping session was scheduled for November 29th, at the Westchester County Center, at which time a presentation on the deicing project would be made. There are seventeen (17) different issues that will be reviewed as part of the environmental assessment process. They include traffic, noise, and visual impacts. The project will be explained, the items to be examined will be reviewed, and comments will be taken from the public. It was noted that a central de-icing facility was part of the original plans for the airport. The inclusion of a state-of-the-art infrared deicing facility was dropped about four to five years ago. The present project includes re-doing the existing facility in front of the airport, and adds a small deicing pad on the west side of the airport. One of the goals is to improve the collection system of the deicing fluid. There will be an amount of the collected fluid stored in tanks on the airport property, and then trucked out. The current Board of Trustees Meeting November 27, 2007 Page 3 project is a much different project than the initial concept. It was noted that no work will take place on the southern portion of the airport. Legislator Rogowsky noted that the County has heard the concerns of the residents, and the project has been scaled back both in terms of the size of the project and in terms of the storage capacity. The fluid will be segregated in a much better manner. Trustee Paul Rosenberg noted that there was a body of water near the proposed de-icing facility. The Commissioner noted that although not able to catch 100% of the runoff, the County will significantly improve the existing system. He noted that there would be no increase in impervious surface coverage on the east side of the airport, and the water runoff will be mitigated. On the west side of the airport there will be an increase of approximately 30,000 square feet of impervious surface coverage. The Environmental Impact Statement will look at the runoff generated by this additional impervious surface coverage. It will also look at the capacity of the existing drainage basins. It was noted that the Village's Engineer has toured the facility in April after the sever storms caused flooding in Rye. It was noted that the scoping document is on the County's website for anyone that is interested. This document gives an idea of what the project will consist of. Trustee Joan L. Feinstein asked for a timeframe for this project. The Commissioner noted that the County is looking at an anticipated start date in 2009. He also noted that there will be no impact to the taxpayers because the project is being funded by the PFC — which is the $4.50 that anyone who travels on an airplane is charged. Another phase of the project is the FAA airspace redesign. The County's major concern is the FAA's inability to share information. The GAO is presently investigating the FAA's process. The County has a meeting scheduled with the GOA for December 6'1' Several of the neighboring municipalities have filed suit against the FAA. The County has not joined in the suits. The reason is that the issue is so complex and the County does not have all of the information that is needed to make a decision. The current plan has reduced some of the noise impact in the County. The changes to the use of the airspace will have an effect somewhere, and the County is not sure that Connecticut's goals are not consistent with Westchester County's goals. Therefore, the County will stay out of the lawsuit process. Board of Trustees Meeting November 27, 2007 Page 4 Mayor Rand noted that the increase in airlines and flights is a concern for Rye Brook. It was noted that over the years the County has been working with the airlines. A terminal capacity agreement was put into place in 1984. It limited the number of commercial passengers per half hour to 240, either in or out (for the majority of the year). There were about 50 days per year when that number could be exceeded, and that was during holiday seasons. It also limited the number of commercial flights to four per half hour, and it limited access to the airport in that only qualified airlines could utilize the terminal. One of the most important features was that the County was to handle all ground hauling operations. That meant that everything that touches an airplane is controlled by the County. In 2005, with significant help and support from Legislator Rogowsky, those agreements were put into County Law—Local Law #12. And, what this did was it put into County law for the next 20 years, with the option to renew for ten year extensions, those restrictions. The Westchester County Airport is one of two airports in the Country that have any sort of agreement like this. The other is Orange County Airport in California. The airlines were very supportive of this agreement. The number of flights for general aviation and corporate aviation has remained the same, but the split has changed. The airport used to be 25% commercial, 50% general aviation, and 25% corporate and charter. The numbers have now changed and corporate charter is at the 50% mark of the activity of the airport, with general aviation being down to approximately 25%. The aircrafts that are based at Westchester County are all Stage III. The tenants of the airport are excellent when it comes to the volunteer curfew. There are some airlines that do not observe the curfew, and they are notified of the curfew violation. The flights to and from Florida has made a tremendous difference both in the number of passengers and the number of bags that are handled. On the upside, the larger planes have decreased the number of flights. The Commissioner noted that the parking at the airport is being reviewed. There should be 2,000 spaces to accommodate the number of passengers permitted under the terminal use restrictions. Only 1,100 parking spaces were actually built. People using the airport are aware of the parking problem. Anyone that parks illegally is towed. People should seek alternative means to driving to the Westchester County Airport. During Thanksgiving many people were dropped off or utilized car services; so the message has gotten out. Utilization of the Metro North System was discussed and it was noted that it would be very expensive. Board of Trustees Meeting November 27, 2007 Page 5 The next area to be discussed was the property utilized by the Air National Guard Site. It was noted that more and more of the Air National Guard site is being gobbled up by other work at the airport. As an example, it was noted that the storage tanks will significantly reduce the number of acreage that will be available at the Air National Guard site for any type of future development. This site is also be considered for the baggage screening done by the airport. The Air National Guard site should be used for some aeronautical related activity that does not generate any traffic. There has been some interest from some of the aeronautical colleges in the area. Mayor Rand called for members of the public wishing to address this matter. A resident of Rye Brook noted that the traffic is an issue at the airport. A brief discussion ensued regarding the cell phone waiting area and how it was funded. The cost of this project was less than $30,000.00. Also discussed was the mandatory curfew. It was noted that the restrictions have been codified. In regard to parking, the matter will be looked at viewing how the lack of sufficient parking effects the operation of the airport. It was also noted that the Westchester County Airport is one of only three in the country that is certified under the ISL14001. Outside auditors come in to review the environmental ramifications of the airport every three (3) years. This review and certification is taken very seriously. Mayor Rand noted that this was a very good update, and thanked the County for taking the time to come to Rye Brook and give this presentation. Mayor Rand called for the first item on the agenda under resolutions: 1) SETTING A PUBLIC HEARING TO AMEND CHAPTER 130 OF THE VILLAGE CODE, FLOOD DAMAGE PREVENTION Mr. Christopher Bradbury, Village Administrator, read the following resolution: Board of Trustees Meeting November 27, 2007 Page 6 RESOLUTION SETTING A PUBLIC HEARING TO AMEND CHAPTER 130 OF THE VILLAGE CODE, FLOOD DAMAGE PREVENTION WHEREAS, a local law has been proposed to amend Chapter 130, Section 17 of the Village Code regarding the Appeals procedure. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on December 11, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mayor Rand noted that there was no discussion on this item. He called for a motion to set the public hearing. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Patricia Sanders Romano, the resolution was adopted. Mr. David Burke, Assistant to the Village Administrator, 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 called for the next item on the agenda: 2) SETTING A PUBLIC HEARING FOR AN AMENDED LOCAL LAW EXTENDING THE BUILDING PERMIT AMNESTY PROGRAM Mr. Bradbury read the following resolution: Board of Trustees Meeting November 27, 2007 Page 7 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 December 11, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider extending the proposed local law. On a motion made by Trustee Sanders Romano, and seconded by Trustee Michael Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting November 27, 2007 Page 8 #3) CONSENTING TO AN APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW Mr. Bradbury read the following resolution: RESOLUTION CONSENTING TO AN APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW WHEREAS, there is an existing agreement between the Town of Rye and the Villages of Rye Brook and Port Chester, describing the method of appointment for members of the Town of Rye Board of Assessment Review; and WHEREAS, in accordance with this agreement, the Town of Rye has recommended to the Village of Rye Brook the re-appointment of Milton Meiskin to serve a five (5) year term on the Town of Rye Board of Assessment Review; and WHEREAS, the Village of Rye Brook must approve a resolution consenting to this appointment in order for the Town of Rye to officially make the appointment. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby consents to the appointment of Milton Meiskin, 53 Country Ridge Circle, Rye Brook, NY, to serve as the Town of Rye Designated Member to the Board of Assessment Review (BAR) for a term of five (5) years, which term began on October 1, 2007 and will expire on September 30, 2012, in accordance with the inter-municipal agreement among the Town of Rye, the Villages of Rye Brook and Port Chester; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded by the Village Administrator/Clerk to the Town of Rye for approval. Mayor Rand called upon Mr. Bradbury for the background on this appointment. Mr. Bradbury noted that an agreement was signed in December 2004 that spelled out how the members of this Board would be appointed. There were two positions designated for Rye Brook residents. One position is Board of Trustees Meeting November 27, 2007 Page 9 recommended by the Village of Rye Brook, and the second is recommended by the Town of Rye and consented to by the Rye Brook Board of Trustees. Trustee Paul Rosenberg noted that the current position expired in September and he was uncertain why the Board was rushing into appointing a replacement now. He pointed out that the Board does not meet again until June and that this is a paid position that was receiving an increase. The original amount paid to Board members was $2,500.00 per year, and it was now being increased to $4,000.00 per year. The constituents have decided that it is time to give a new group of people a chance, and Trustee Rosenberg felt that the Village Board should give the incoming Board the courtesy of discussing and deciding upon this issue. He made a motion to table this resolution. As there was no second on Trustee Rosenberg's motion, discussion continued. Trustee Feinstein noted that the procedure for the IMA was negotiated in 2004. The process is clearly delineated in the IMA. The Village is between a rock and a hard place, and she personally is appalled with regard to the compensation. The Village of Rye Brook Board of Trustees and all of Rye Brook's committees serve without compensation. But this matter cannot be voted upon or addressed. The individual before the Board is a well-known individual, a founder of the community, and a prior Trustee of Rye Brook. She stated that she had no objections to the recommendation and proposed appointment. Trustee Michael Brown agreed with Trustee Rosenberg in that this appointment is a five year position, and the incoming Board should have input. He stated that he was not ready to vote, and if Trustee Rosenberg's resolution was put back on the table he would second it. Trustee Rosenberg noted that his problem with this resolution was entirely with the process and not the person. He noted that Mr. Meiskin was a fair person who represented himself with dignity as a member of other Boards of the Village of Rye Brook. Mayor Rand noted that he was shocked by some of the discussion. He stated that Mr. Meiskin is an incredibly caring and intelligent voice of reason in the community, and has served the Village through the years. The issue of compensation is not before the Board of Trustees, and therefore it should not be considered when reviewing the resolution before Board of Trustees Meeting November 27, 2007 Page 10 the Board. Mayor Rand called for a roll call on Trustee Rosenberg's motion. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING NAY TRUSTEE SANDERS ROMANO VOTING NAY TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING NAY A motion was made by Trustee Feinstein, and seconded by Trustee Sanders Romano, to adopt the resolution granting the appointment. Mr. Burke was asked to call the roll, and the resolution was adopted by a three (3) to two (2) vote. TRUSTEE BROWN VOTING NAY TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING NAY MAYOR RAND VOTING AYE #4) CONSIDERING THE CANCELLATION OF THE DECEMBER 25, 2007 BOARD OF TRUSTEES MEETING. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE CANCELLATION OF THE DECEMBER 25, 2007 BOARD OF TRUSTEES MEETING NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby cancels the Board of Trustees meeting scheduled for December 25, 2007. Board of Trustees Meeting November 27, 2007 Page 11 On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that, with consensus of the Board, one resolution was added to the agenda. #5) CONSIDERING SUBMISSION OF AN APPLICATION FOR A NYS SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT WITH THE VILLAGE OF PORT CHESTER. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING SUBMISSION OF AN APPLICATION FOR A NYS SHARED MUNICIPAL SERVICES INCENTIVE (SMSI) GRANT WITH THE VILLAGE OF PORT CHESTER WHEREAS, the Village of Port Chester and the Village of Rye Brook have a long history of working cooperatively in the best interests of their residents; and WHEREAS, New York State has established a Shared Municipal Services Incentive Program (SMSI) to provide technical assistance and competitive grants to two or more units of local government for the development of projects that will achieve savings and improve municipal efficiency; and WHEREAS, the 2007-2008 NYS Budget contains $13.7 million dollars for SMSI projects with grant awards available for up to $200,000 per applicant; and WHEREAS, the villages are desirous of submitting a joint application for SMSI grant funds so as to achieve demonstrated cost- Board of Trustees Meeting November 27, 2007 Page 12 savings to taxpayers by a more efficient use of scarce resources, maximize economies of scale and accomplish a coordinated response to common problems and opportunities; and WHEREAS, each jurisdiction is responsible to match 10% of the requested funds; and WHEREAS, if awarded, the grant funds would be used to identify and study the feasibility of shared services between the villages. Now, therefore, be it RESOLVED, that the Mayor and Village Administrator are hereby authorized and directed to file a joint application with the New York Department of State for funds in accordance with the Shared Municipal Services Incentive Program in the amount of up to $400,000, subject to approval by the Village of Port Chester Board of Trustees; and be it further RESOLVED, that the Village does hereby commit up to $20,000 in matching cash funds from the Rye Brook Contingency Account; and be it further RESOLVED, that the Administrator/Clerk provide a copy of this Resolution to its elected representatives in the State Legislature and U. S. Congress for their support and inclusion in said application. Mr. Bradbury noted that this is an application to apply for a grant, in cooperation with the neighboring communities. This grant will be beneficial to the taxpayers. The government is very interested in consolidating services, and Rye Brook has a good history of working with neighboring municipalities. The goal is to have someone come in and do a feasibility study. Trustee Feinstein noted that Rye Brook would be donating $20,000.00 of matching funds if the grant is awarded. She asked that the wording in the resolution be modified. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the amended resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE Board of Trustees Meeting November 27, 2007 Page 13 TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT: Mr. Bradbury stated that United Water has advised Rye Brook that the water supply is currently at 26.5% of the capacity. That is about 50% lower than usual at this time of year. At this point residents are on a watch, and the conservation is voluntary. Meetings are held in Greenwich every two weeks, and if the water level becomes lower then it would mean certain mandatory restrictions. Mr. Bradbury noted that there are conservation tips on the Village's website. The Leaf program is in process and the leaf piles are getting heavy. The Village is on a six day operation. The program is about half way through. Mr. Bradbury discussed fire hydrants. He pointed out that the paid fire department staffs from both communities have checked all of the fire hydrants to be sure that that they are all in good operating condition. Mayor Rand noted that this time of year leaves an opportunity for theft as many homes are empty during the holidays. He suggested that if a resident knows that they are going to be away they should advise the Village so that the police department can check on the home. Chief Gregory Austin asked that all residents lock their doors and windows. He also asked that residents that go on vacation have a neighbor pick up their mail and newspapers. Homeowners should set their alarms, and put TVs and lights on timers to give the appearance that someone is home. The Police Department will go by and check your home if you notify them of your vacation. Set your alarms. The Chief also noted that when making an emergency call from a cell phone, the individual should try to give the location of the emergency. Previously all 911 calls went to the State Police in Albany. The system has been refined and now the calls throughout Westchester are sent to the police barracks in Hawthorne. They, in turn, direct the call to the correct municipality. He noted that there was a recent incident where it was discovered that Rye Brook was not programmed into the system. Mayor Rand questioned whether or not it was time for Rye Brook to petition for its own zip code. This does not mean that Rye Brook would request a Post Office, but rather just its own postal zip code. Rye Brook and Port Chester share the same Board of Trustees Meeting November 27, 2007 Page 14 zip code and therefore Rye Brook is listed as Port Chester. This issue needs to be reviewed with the safety of Rye Brook's residents in mind. Mayor Rand asked everyone to give this issue some thought. Mayor Rand noted that the next Board of Trustee Meeting was scheduled for December 11, 2007, with the next meeting being January 8, 2008. He called for members of the public wishing to address the Board. No one had a matter for the Board. Mayor Rand noted that the Board would be going into an executive session. He thanked everyone for coming to the meeting. There being no further business before the Board, the meeting was adjourned at 9:11 P.M. Board of Trustees Meeting November 27, 2007 Page 15