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HomeMy WebLinkAbout2006-01-10 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 10, 2006-7:30 P.M AGENDA EXECUTIVE SESSION 7:00 PM: Personnel/Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Considering a revised application and a modified site plan prepared by K&M Realty Group, Ltd. for the Bowman Avenue Development, Section 1, Block 22, Lots 2B and 2132. 2) Considering a proposed local law to add Chapter 165 to the Code of the Village of Rye Brook regarding elections. RESOLUTIONS: 1) Adopting a proposed local law to add Chapter 165 to the Code of the Village Rye Brook regarding elections. 2) Completion of the Final Environmental Impact Statement regarding an application by KF (Rye Brook), LLC for development of a Hilton Garden Inn Hotel on Anderson Hill Road, Rye Brook,New York, Section 1, Block 4, Lots 5, 6 and 7A and 7A1. 3) Referring site plan and special use permit applications to modify the approved site plan for a new maintenance facility at the Blind Brook Club, 980 Anderson Hill Road, to the Planning Board of the Village of Rye Brook. 4) Referring a site plan and special use permit application for use of the property at 301 South Ridge Street as a dental office, to the Planning Board of the Village of Rye Brook. 5) Setting a public hearing date to consider a proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook regarding notification requirements. Board of Trustees Meetings January 10,2006 Page 1 of 29 6) Setting a public hearing date to consider a proposed local law to amend Chapter 47 of the Code of the Village of Rye Brook regarding professional fees. 7) Awarding Contract #05-05, Two (2) medium duty cab/chassis trucks with combination dump body/spreader and plow assembly. 8) Designating polling locations and hours for the 2006 village election on March 21, 2006. 9) Budget modification 05/06. 10) Budget modification 04/05. 11) Additional bank designation depository. 12)Approving Minutes: October 11, 2005 (Regular Meeting), October 11, 2005 (Work Session), November 8, 2005; October 25, 2005; September 13, 2005; and August 9, 2005. ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: DISCUSSION ITEMS: • Amnesty relating to building permits and certificates of occupancies • Home Rule Law regarding terms of Trustees and the Mayor ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING PRESENT: BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Board of Trustees Meetings January 10,2006 Page 2 of 29 Marilyn Timpone Mohamed, Village Consultant Fred Seifert,Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE The meeting was called to order at 7:49 p.m., at which time Mayor Rand welcomed everyone to the first Board of Trustees' first meeting of the New Year. Mayor Rand called for the first item on the agenda: PUBLIC HEARING 1) CONSIDERING A REVISED APPLICATION AND A MODIFIED SITE PLAN PREPARED BY K&M REALTY GROUP, LTD. FOR THE BOWMAN AVENUE DEVELOPMENT, SECTION 1, BLOCK 22, LOTS 2B AND 2132. Mr. Christopher Bradbury, Village Administrator, gave a brief background of the matter. He noted that this application was on the agenda as a public hearing, and no action would be taken at this time. The purpose of this public hearing was to obtain comments regarding the modifications to the existing document — The Environmental Impact Statement (EIS). The applicant has prepared a modified site plan, which comes with alternatives to the current plan. The alternative being presented resulted from comments from Village Staff, consultants, boards, and residents. This alternative would remove the restaurant from the peninsula area, and move the residential units from the strip area to the peninsula portion of the property. The alternative is essentially a housing alternative. Adam Wexler, Esq., legal counsel for the developer, addressed the Board. Also in attendance were the applicant, Mr. Kip Koningsberg, and Mr. Jim Ryan of John Myers Consulting. Mr. Wexler offered some background on the application. He noted that this application has been around for a long time. The initial scope for the development of this site was adopted by the Village Board before July 1, 1996. The Draft Environmental Impact Statement (DEIS) on this project was submitted to the Board in February 2004. It was acted on in July 2004, and a public hearing was held. The public comment period extended through September 2004. The action in that DEIS included nine (9) condominium residential units on the strip portion of the property and a 4,000 square foot restaurant on the peninsula portion of the property. During the course of the application process, many comments were received on areas such as the scale of the project, the extent of impervious surface, the disturbance, and the effect of residential units from the shopping center. As a result, the applicant came up with a new alternative. The applicant has now presented this plan in an attempt to mitigate the concerns that were expressed. This is not the proposed action for SEQRA purposes, but it is the action that the applicant Board of Trustees Meetings January 10,2006 Page 3 of 29 would prefer. The alternative is ten (10) units on the peninsula and the strip will remain undeveloped. Jim Ryan, with the firm of John Myers Consulting, addressed the Board. He noted that his firm was the engineering consultant for the planners for K&M Realty. He reviewed the plan for the Board, which at this time is the action plan. He noted that this plan was being assessed in connection with the impacts on the property. The property is divided into two portions: the strip and the peninsula. The original plan consists of a restaurant with 54 parking spaces, and nine (9) residential units consisting of three (3) buildings with parking spaces. Comments were received from Village Staff, Consultants, and municipalities outside of Rye Brook, and the current plan was created. He briefly described the action as currently proposed and the impacts; and then compared the original plan with the proposed action. Mr. Ryan stated that impacts required under SEQRA were reviewed in detail in the EIS. He took the Board through the issues that were faced during the lengthy process of the DEIS, and began by noting that the first issue related to the zoning requirements. Over the years there have been many zoning changes in the Village of Rye Brook. The residential only plan complies with the current zoning requirements. The second issue dealt with was hazardous materials. It was noted that there is a small portion of the property that contained a gasoline contaminated soil situation. A commitment was made in the DEIS as part of the action to remove that material from the property. In regard to the alternative plan, it is important to note that the removal of the contaminated soil is also included. The next issue was noise levels from the post-development. The noise impacts were analyzed for both a commercial and residential development. The findings were that the noise levels for a residential only plan would be significantly less than the commercial/residential use. In regards to vegetation and wildlife, an analysis has been completed and it was found that the vegetation on the strip portion of the property is more significant than on the peninsula portion of the property. The strip portion has been an undeveloped portion of the property, had been cleared, and now the secondary growth has taken over on that property. The peninsula portion of the property has less vegetation. This area was a permitted landfill at one point and vegetation is sparse on this portion of the property. The applicant has also completed an analysis of the utilities, and the impact on the sewer and water. Again, the impact is cut in half with the construction of the ten (10) units versus the residential/commercial development. Construction related impacts are addressed in the EIS. Mr. Ryan noted that there is a limited amount of excavation and fill work for the alternative plan. In comparison, much more fill would need to be brought in for construction on the strip portion of this property. The overall construction impact is diminished by construction of the residential units only. Mr. Ryan addressed the issue of storm water management. It was noted that the peninsula portion of this property is elevated. It is not significantly subject to impact by flooding. Board of Trustees Meetings January 10,2006 Page 4 of 29 The flood lines do not come into the major portion of the land area. There will be no displacement of the capability of this property to handle storm water runoff and flooding. The strip portion of the property does contain areas that are flooded, and construction would displace some of that water. However, it is not a significant amount and the applicant provides evidence of this fact in the EIS. There will be no great impact on flooding downstream. Mr. Ryan also addressed the visual impacts. He noted that the residential units were a component of the original plan. The new plan allows the applicant the opportunity to offer to the Village, at no cost, the strip portion of the property. Mr. Ryan stated that the traffic has also been analyzed. A number of traffic studies have been completed over the years. At this time it has been determined that the traffic related impacts are insignificant and do not change the level of service in the area. Impervious surfaces were discussed as they relate to flooding. Also addressed was the disturbance of the wetlands and the wetlands buffer. It was noted that these reviews are part of the mitigation plan. An important fact to remember is that development with the alternative plan would only occur on one portion of the property. Mayor Rand noted that the City of Rye was invited to the meeting. Although no one from Rye was able to attend, their major concern is flooding downstream. Mr. Bradbury noted that additional comments have been received from Rye, and the applicant is in the process of responding to them. Anyone with comments or questions is encouraged to direct their questions to the Village Board. Mayor Rand stated that this was a good opportunity for Rye Brook to preserve some of the green, open space within the Village. Mr. Koningsberg addressed the Board. He noted that there have been some discussions as to whether he would consider offering affordable housing to Village employees. He noted that he has had a number of conversations with County officials. He offered to go further with the County in order to explore the possibility of providing affordable housing for Rye Brook residents. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She noted that her office has reviewed the FEIS. She stated that her main concern was that once the alternative is added to the FEIS, the Board must weigh the two plans against each other. From these documents the Board will be reviewing and analyzing the environmental impacts. After that analysis is completed, an action can be taken. She noted that most of her comments had to do with the documents itself The FEIS includes by reference or inclusion the DEIS, and any other information that was asked for during the public hearing. In terms of the site plan, there are some issues such as the intensity of use and parking in connection with the original nine (9) units. The alternative plan is configured a little better. As the applicant answers the questions raised, the information will be added to the FEIS and it will be updated. Board of Trustees Meetings January 10,2006 Page 5 of 29 Trustee Joan Feinstein questioned whether or not the Board had to express their preference with regard to the plans. She felt that the mitigation plan was more preferable, as it is more favorable to the Village, especially in light of the fact that the strip portion of this property would be conveyed to the Village at no cost. Ms. Timpone Mohamed noted that original site plan and the mitigation plan are both being reviewed. Trustee Paul Rosenberg and Trustee Joan Feinstein noted that the mitigation plan was their preferred plan. Mayor Rand and Trustee Michael Brown also indicated that this was their preference as well. Ms. Timpone Mohamed stated that the process must be followed and the environmental review must have closure before a determination can be made. The applicant feels that it is very clear that the proposed action had problems, and the solution was to provide this alternative plan. Ms Timpone Mohamed reiterated that the Village must have the information to verify that there are fewer impacts before a decision can be made. Mr. Ryan stated that a perfectly complete SEQRA process must be the result. Then the mitigation plan can be developed in more detail. The Village must be comfortable when making the decision between the proposed action and the proposed mitigation plan. Trustee Rosenberg questioned whether or not the applicant would be following the current SEQRA regulations or the regulations in effect in 1996. He also questioned whether the regulations now are more stringent than the old regulations. He felt that the storm water plan would need to be reviewed because he felt that the storm water from the peninsula would run into the water and could result in flooding further down the line. Mr. Ryan responded by noting that case law would be referred to when determining what SEQRA regulations will apply. He also noted that Mr. Dolph Rotfeld, the Village's Engineering Consultant, would be involved in the storm water runoff review. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that about ten years ago there was flooding in the area. He felt that the current plan was a good plan, and a conclusion to this application was in sight. Mayor Rand called for additional comments from members of the public or the Board. There being none, he thanked the applicant for the presentation, and noted that the work on this project will continue. Mayor Rand called for motion to close the public hearing. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the public hearing was closed. Mr. Keith Rang, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE Board of Trustees Meetings January 10,2006 Page 6 of 29 MAYOR RAND VOTING AYE 2) CONSIDERING A PROPOSED LOCAL LAW ADD CHAPTER 165 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTIONS. Mr. Bradbury began the discussion by giving a brief summary of the mater. He noted that currently if the Village had a tied election the candidate would be chosen by random lot. This proposed local law that would provide that in the event of a tied vote there would be a procedure in place for a runoff election. Mayor Rand stated that this issue has come up on other municipalities and after discussing the matter; the Board felt that a local law should be enacted. It was pointed out that several other communities have already adopted similar local laws. Trustee Feinstein noted that she reviewed the proposed legislation. She asked for language that would clarify procedure in the event of a second runoff election. Mr. Bradbury noted that additional research should be done, but this local law can be modified after enacted. He noted that if the intention was that this local law be in effect for the upcoming Village election, then the law must be adopted at this meeting. Mr. Bradbury agreed with Trustee Feinstein in that the law is very specific on the first runoff election, but it does not specify procedures for the second runoff election. Trustee Richard Buzin and Trustee Brown both agreed with Trustee Feinstein, and requested further research into this matter. Edward Beane, Esq., Village Counsel, reiterated Mr. Bradbury's statement that the law can be modified. It could be enacted at this meeting, and then modified at a later date. Ken Heller, of Lincoln Avenue, addressed the Board. He noted that ties go through appeals and in the courts, and numerous recounts take place. A decision is made four or five months after the election. It can be so far out that the seat is never filled until the next election. He felt that the absentee ballots caused a lot of the problems in tied elections. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE Board of Trustees Meetings January 10,2006 Page 7 of 29 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE RESOLUTIONS: 1) ADOPTING A PROPOSED LOCAL LAW TO ADD CHAPTER 165 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING ELECTIONS. Mr. Bradbury read the resolution: RESOLUTION ADOPTING A PROPOSED LOCAL LAW TO ADD CHAPTER 165 TO THE CODE OF THE VILLAGE OF RYE BROOK REGARDING VILLAGE ELECTIONS WHEREAS, a local law has been proposed to add Chapter 165 to the Village Code establishing election procedures in the event of a tie vote. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on January 10, 2006, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on January 10, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to add Chapter 165 to the Code of the Village of Rye Brook to establish election procedures in the event of a tie vote. BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. Mr. Beane noted that this resolution gave the Village an option, as opposed to no option and having to end the tie by lot. Mayor Rand reminded everyone that this is a work in progress. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE Board of Trustees Meetings January 10,2006 Page 8 of 29 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) COMPLETION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT REGARDING AN APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 1, BLOCK 4, LOTS 5, 6 AND 7A AND 7AL Mr. Bradbury read the resolution: RESOLUTION COMPLETION OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT REGARDING AN APPLICATION BY KF (RYE BROOK), LLC FOR DEVELOPMENT OF A HILTON GARDEN INN HOTEL ON ANDERSON HILL ROAD, RYE BROOK,NEW YORK, SECTION 1, BLOCK 4, LOTS 5, 6, AND 7A AND 7AI WHEREAS, the Board of Trustees of the Village of Rye Brook ("Village Board of Trustees") has received applications for Site Plan approval, a Permit to Perform Regulated Activities in a Wetland, and a Steep Slopes Work Permit from KF (Rye Brook), LLC (the "Applicant") to construct a 145-room hotel, parking for 145 cars, landscaping, lighting, and related site development (the "Proposed Action") on a parcel of real property located at the southwest corner of the intersection of Anderson Hill Road and King Street, within the H-1 Hotel Zoning District and the Anderson Hill Scenic Roads Overlay District, and shown as Section 1, Block , Lots 5, 6, and 7A and 7A1, on the tax assessors maps (the "Site" or"property"); and WHEREAS, the applications were accompanied by a Full Environmental Assessment Form("EAF"); and WHEREAS, the Village Board of Trustees determined the Proposed Action to be a Type 1 Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617, and on March 23, 1999 resolved to be Lead Agency for review of the Proposed Action; and WHEREAS, THE village Board of Trustees, as Lead Agency for review under SEQRA, determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a Positive Declaration on or about June 15, 1999; and Board of Trustees Meetings January 10,2006 Page 9 of 29 WHEREAS, the Applicant prepared and submitted a Draft Environmental Impact Statement for the Proposed Action, and a coordinated review of the DEIS was conducted, with the Village Board of Trustees acting as Lead Agency; and WHEREAS, Village Board of Trustees referred the DEIS to the Village of Rye Brook Planning Board ("Planning Board") for review and comment and the Applicant revised the DEIS according to comments received from the Village Board of Trustees and the Planning Board and written comments received; and WHEREAS, the Village Board of Trustees adopted a Notice of Completion of the DEIS on August 16, 2000 and circulated the Notice of Completion and the DEIS to all Involved and Interested Agencies for review and comment; and WHEREAS, a public hearing regarding the DEIS and the Proposed Action was held on September 26, 2000; and WHEREAS, the Applicant prepared and submitted a revised FEIS dated December 2005 that responds to comments from the Village Board of Trustees, the Planning Board, and the Village Consultants. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, as Lead agency, hereby determines that it accepts the revised FEIS dated December 2005 as complete and adequate for circulation to involved and interested agencies and the public for review and comments on the FEIS and the proposed action and alternatives; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the attached Notice of Completion regarding the FEIS and authorizes that the FEIS and the Notice of Completion shall be circulated for public comment and published as required by law; and BE IT FURTHER RESOLVED, that a public comment period for the FEIS of no less than 20 calendar days shall begin with the circulation of the Notice of Completion during which time involved and interested agencies and the public may submit written comments regarding the FEIS and the proposed action and alternatives prior to issuance of findings by the Lead Agency. Mayor Rand requested an explanation of the action. Mr. Bradbury began by noting that the Village received the FEIS in December. The document has been reviewed. The process before the Board of Trustees at this time was on the proposed hotel application. Part of the stipulation, and the process, was that the Village review the application for a 145-room hotel. Procedurally, there is a notice of completion of the FEIS that must be published and circulated, and then a comment period of 20 days follows. After the Board of Trustees Meetings January 10,2006 Page 10 of 29 comments are received, they are incorporated into a Finding Statement. Next the Village must act on one of the alternatives or the action itself. Ms. Timpone Mohamed, Village Consultant, gave the Board the background on this application. The Planning Board has worked with the applicant to look at the proposed action. The Planning Board felt that the initial proposed action was too intensive of a use. The applicant was asked to provide alternative actions. In response, the applicant provided three (3) alternative plans. The Planning Board never actually adopted a resolution with a formal recommendation because the application was turned back to the Board of Trustees. However, Ms. Timpone Mohamed noted that the Planning Board was leaning towards one alternative, the 125-room hotel, because it complied with normal setbacks of the district. However, the Planning Board had several concerns. They were concerned about the intensive use, the parking, the height of the building, the footprint of the building, and whether or not there would be sufficient parking. In addition, the Planning Board reviewed the impact to the wetlands and wetland buffer on this property. Mr. Beane noted that the Board of Trustees would review all of the alternatives. Trustee Rosenberg asked for the timeframe and the sequence of events that have to happen. He asked that a summary of the process be made available to the public. Mr. Beane noted that he could supply the Village with an outline of the timetable, and reminded the Board that the stipulation is a public document. Mr. Bradbury stated that he would work with Mr. Beane to create a draft for review by the Village Board to be disseminated to the public. Mr. Beane stated that the draft would be prepared by January 24, 2006. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Trustee Buzin was excused so that he could attend the Recreation Council meeting. 3) REFERRING SITE PLAN AND SPECIAL USE PERMIT APPLICATIONS TO MODIFY THE APPROVED SITE PLAN FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Board of Trustees Meetings January 10,2006 Page 11 of 29 Mr. Bradbury read the resolution: RESOLUTION REFERRING SITE PLAN AND SPECIAL USE PERMIT APPLICATIONS TO MODIFY THE APPROVED SITE PLAN FOR A NEW MAINTENANCE FACILITY AT THE BLIND BROOK CLUB, 980 ANDERSON HILL ROAD, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, the Blind Brook Club was granted site plan approval and approval of a special use permit and a wetlands permit on June 22, 2004 to construct a new maintenance facility on their property at 980 Anderson Hill Road, Section 1, Block 4, Lot 1 in the R-20/Z-1 Zoning District; and WHEREAS, on December 29, 2005 the Blind Brook Club submitted an application to amend the previously approved site plan proposing to change the location of two above-ground fuel storage tanks; and NOW, THEREFORE, BE IT RESOLVED, that the subject application shall be referred to the Village Planning Board for a report and recommendations and to the Westchester County Department of Planning, the Town/Village of Harrison and the Town of Greenwich, Connecticut; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification. Mr. Les Kennedy, Jr., CGCS, of the Blind Brook Club, addressed the Board. It was noted that this was a referral to the Planning Board. The original site plan was approved, however, during construction it was discovered by the Village's Building Inspector, that the location would not meet the Code. Therefore the amended site plan is necessary. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meetings January 10,2006 Page 12 of 29 4) REFERRING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR USE OF THE PROPERTY AT 301 SOUTH RIDGE STREET AS A DENTAL OFFICE, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Bradbury read the resolution: RESOLUTION REFERRING A SITE PLAN AND SPECIAL USE PERMIT APPLICATION FOR USE OF THE PROPERTY AT 301 SOUTH RIDGE STREET AS A DENTAL OFFICE, TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, Dr. Gerald Cohen has submitted an application to the Board of Trustees of the Village of Rye Brook for site plan and special permit approval for a dental office at the property located at 301 South Ridge Street, Section 1, Block 27, Lot 2 in the R2-F Zoning District. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook upon its review of the subject application in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and after review of the EAF and other application materials submitted, hereby finds that the application is a Type II action under SEQRA and therefore no further environmental review is required; and BE IT FURTHER RESOLVED, that the subject application shall be referred to the Village Planning Board for a report and recommendations; and BE IT FURTHER RESOLVED, that the applicant is directed to comply with Section 250-40 of the Village Code regarding notification; and BE IT FURTHER RESOLVED, that the applicant shall deposit the sum of $3000 into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the costs of review of this application. There was no discussion on this matter. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE Board of Trustees Meetings January 10,2006 Page 13 of 29 TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING NOTIFICATION REQUIREMENTS WHEREAS, a local law has been proposed to amending Chapter 250 of the Code of the Village of Rye Brook regarding notification requirements. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 24, 2006 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend Chapter 250 to the Code of the Village of Rye Brook regarding notification requirements. Mayor Rand asked that this matter be tabled until the Planning Board rendered its decision, and made its recommendation. With the approval of the Board, this matter was tabled. 6) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 47 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PROFESSIONAL FEES. Mr. Bradbury read the resolution: Board of Trustees Meetings January 10,2006 Page 14 of 29 RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 47 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PROFESSIONAL FEES WHEREAS, a local law has been proposed to amend Chapter 47 of the Code of the Village of Rye Brook regarding professional fees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 24, 2006 at 7:30 p.m., at Village Hall, 938 Ding Street, Rye Brook, New York to consider a proposed local law to amend Chapter 47 to the Code of the Village of Rye Brook regarding professional fees. Mr. Bradbury gave a brief background. The objective is make the process a little bit easier. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) AWARDING CONTRACT #05-05, TWO (2) MEDIUM DUTY CAB/CHASSIS TRUCKS WITH COMBINATION DUMP BODY/SPREADER AND PLOW ASSEMBLY. Mr. Bradbury read the resolution: Board of Trustees Meetings January 10,2006 Page 15 of 29 RESOLUTION AWARDING CONTRACT #05-05 TWO (2) MEDIUM DUTY CAB/CHASSIS TRUCKS WITH COMBINATION DUMP BODY/SPREADER AND PLOW ASSEMBLY WHEREAS, the Village of Rye Brook has solicited bids for contract 05-05 "TWO (2) MEDIUM DUTY CAB/CHASSIS TRUCKS WITH COMBINATION DUMP BODY/SPREADER AND PLOW ASSEMBLY"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on Wednesday, October 19`x', 2005; and WHEREAS, at 10:00 a.m., Wednesday, November 7t1', 2005, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND TRUCK 1 TRUCK 2 GABRIELLI TRUCK SALES, LTD. $120,985 $120,985 YES TRUCK KING INT'L SALES AND SERVICE, INC $130,000 $130,000 YES WHEREAS, upon reviewing the bids, the Village Engineer has determined that Gabrielli Truck Sales, Ltd., is the lowest responsible bidder meeting the requirements of the contract documents; and WHEREAS, the Village Capital Budget allocated $125,000 for the purchase of Highway Dump Trucks, NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #05-05 "TWO (2) MEDIUM DUTY CAB/CHASSIS TRUCKS WITH COMBINATION DUMP BODY/SPREADER AND PLOW ASSEMBLY" is hereby awarded to Gabrielli Truck Sales, Ltd., and be it RESOLVED, that the purchase of one (1) vehicle is authorized in the amount of $120,985 as stated in the bid; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Board of Trustees Meetings January 10,2006 Page 16 of 29 Mayor Rand noted that this was a very big truck, and that the Village would only be purchasing one (1) truck. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 8) DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2006 VILLAGE ELECTION ON MARCH 21, 2006. Mr. Bradbury read the resolution: RESOLUTION DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2006 VILLAGE ELECTION ON MARCH 21, 2006 RESOLVED, that voting machines owned by the County of Westchester shall be used at the next Village Election to be held Tuesday, March 21, 2006; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and be it further RESOLVED, that the polls in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 AM in the morning and remain open until 9:00 PM in the evening of said day; and be it further RESOLVED, that the polling places be hereby designated for the respective Election Districts as follows: Election District#20-Port Chester Middle School-Bowman Avenue (Main Lobby) Election District#21-Port Chester Middle School-Bowman Avenue (Main Lobby) Election District#22-Blind Brook High School-King Street(Main Lobby) Election District#23-Ridge Street School-North Ridge Street (Gymnasium) Board of Trustees Meetings January 10,2006 Page 17 of 29 Election District#26-Port Chester Senior High School-Neuton Avenue (Main Lobby) Election District#27-Ridge Street School-North Ridge Street (Gymnasium) Election District#29-Ridge Street School-North Ridge Street (Gymnasium) Election District#30-Blind Brook High School-King Street (Main Lobby) Election District#31-BelleFair Meeting House (Main Lobby) Mr. Bradbury noted that the County of Westchester now owned all of the machines for all of the municipalities, and that the County is running all Town elections. This is the first step in the process that moves towards an electronic voting machine. When the process is completed, the County will own the machines and the requests to use them must be made to the County. Currently the voting machines will be stored in the Town garage, however, the machines will be moved to two central locations in the County. This means the Village may not get the same machine, and that the inspectors will have to go to the central location. Things will continue to change over the next several years, and the next couple of elections will be difficult. Things will stay the same for the current year; however, the changes will take place once the machines are delivered to the County's central location. On a motion made by Trustee Brown, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) BUDGET MODIFICATION 05/06. Mr. Bradbury read the resolution: RESOLUTION BUDGET MODIFICATION RESOLVED, that the following 2005/2006 budget modification be hereby approved: Board of Trustees Meetings January 10,2006 Page 18 of 29 FROM TO AMOUNT 101. 1910.422 101.1620.452 $10,000 (Special Items - (Village Offices— Unallocated Insurance) Contractual) 101.1990.424 101.5142.199 $20,000 (Contingency) (Snow Removal— Overtime) On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 10) BUDGET MODIFICATION 04/05. Mr. Bradbury read the resolution: RESOLUTION 2004/2005 BUDGET MODIFICATIONS RESOLVED, that the following 2004/2005 budget modifications be hereby approved: FROM TO AMOUNT 101.1325.120 101.1010.468 $ 248 (Village Treasurer- (BOT— Bookkeeper) Municipal Associations) 101.1325.120 101.1230.199 $ 977 (Village Treasurer- (Administrator— Board of Trustees Meetings January 10,2006 Page 19 of 29 Bookkeeper) Temps/Long/Vacation) 101.1325.199 101.1230.199 $ 602 (Village Treasurer- (Administrator— Part time/Intern/ Temps/Long/Vacation) Vacation Pay) 101.1325.477 101.1410.462 $ 1,180 (Village Treasurer- (Village Clerk— Audit Fee) Legal Advertising) 101.1930.439 101.1410.462 $ 2,266 (Special Items - (Village Clerk— Judgments & Claims) Legal Advertising) 101.1930.439 101.1410.485 $ 692 (Special Items - (Village Clerk— Judgments & Claims) Vital Statistics) 101.1930.439 101.1410.485 $ 2,971 (Special Items - (Village Clerk— Judgments & Claims) Village Election) 101.1930.439 101.1410.499 $10,178 (Special Items - (Village Clerk— Judgments & Claims) Contractual) 101.1930.439 101.1420.411 $ 629 (Special Items - (Village Attorney— Judgments & Claims) Supplies & Books) 101.1930.439 101.1420.458 $ 4,095 (Special Items - (Village Attorney— Judgments & Claims) Supplemental Services) FROM TO AMOUNT 101.1680.408 101.1420.458 $ 972 (MIS—Magnetic Media) (Village Attorney— Supplemental Services) 101.1680.409 101.1420.458 $ 2,263 (MIS— Software) (Village Attorney— Board of Trustees Meetings January 10,2006 Page 20 of 29 Supplemental Services) 101.1680.410 101.1420.458 $ 336 (MIS—Audio (Village Attorney— Visual Supplies) Supplemental Services) 101.1680.411 101.1420.458 $ 811 MIS— Computer (Village Attorney— Supplies) Supplemental Services) 101.1980.423 101.1420.458 $6,066 (Special Items - (Village Attorney— Consulting Fees) Supplemental Services) 101.1990.424 101.1420.458 $43,122 (Special Items - (Village Attorney— Contingency) Supplemental Services) 101.1995.426 101.1420.458 $ 2,297 (Special Items - (Village Attorney— Bonding Expenses) Supplemental Services) 101.8320.400 101.1420.458 $ 9,548 (Water Account) (Village Attorney— Supplemental Services) 101.3620.170 101.1620.441 $ 5,651 (Safety Inspection- (Village Offices— Junior Engineer) Maintenance/Repairs) 101.3620.170 101.1640.415 $42,489 (Safety Inspection - (Central Garage— Junior Engineer) Fuel& Oil) Board of Trustees Meetings January 10,2006 Page 21 of 29 FROM TO AMOUNT 101.8320.400 101.1640.415 $ 3,870 (Water Account) (Central Garage— Fuel& Oil) 101.8320.400 101.1640.430 $ 2,000 (Water Account) (Central Garage— Tires) 101.8320.400 101.1640.431 $ 3,922 (Water Account) (Central Garage— Utilities) 101.8320.400 101.1640.450 $ 783 (Water Account) (Central Garage— Garage Repair/Maint) 101.8320.400 101.1640.445 $18,022 (Water Account) (Central Garage— Repair Parts) 101.8560.458 101.1640.445 $11,506 (Shade Trees - (Central Garage— Supplemental Services) Repair Parts) 101.8120.403 101.1640.445 $16,461 (Sewer Account) (Central Garage— Repair Parts) 101.3410.499 101.3120.170 $ 174 (Fire Protection- (Police Dept. — Contractual) School Crossing Guards) 101.3410.499 101.3120.190 $ 1,579 (Fire Protection - (Police Dept. — Contractual) Holiday Pay) 101.3410.499 101.3120.425 $ 1,948 (Fire Protection - (Police Dept. — Contractual) Uniform Allowance) Board of Trustees Meetings January 10,2006 Page 22 of 29 FROM TO AMOUNT 101.3410.499 101.3120.195 $ 556 (Fire Protection - (Police Dept. — Contractual) Police School/Training) 101.8120.403 101.3120.195 $ 6,378 (Sewer Account) (Police Dept. — Police School/Training) 101.6772.130 101.3510.499 $ 286 (Human Services - (Control of Dogs— Caretaker) Contractual) 101.6772.150 101.3510.499 $ 159 (Human Services - (Control of Dogs— Driver) Contractual) 101.6772.160 101.3510.499 $1,075 (Human Services - (Control of Dogs— Program Leaders) Contractual) 101.6772.200 101.3510.499 $ 523 (Human Services - (Control of Dogs— Equipment) Contractual) 101.6772.445 101.3510.499 $ 867 (Human Services - (Control of Dogs— Repair) Contractual) 101.6772.450 101.3510.499 $ 36 (Human Services - (Control of Dogs— Utilities) Contractual) 101.6772.450 101.1660.496 $2,454 (Human Services - (Central Supplies) Utilities) 101.6772.450 101.7140.445 $ 543 (Human Services - (Recreation Dept. — Utilities) Equipment Repairs/Supplies) Board of Trustees Meetings January 10,2006 Page 23 of 29 FROM TO AMOUNT 101.6772.454 101.7140.445 $ 144 (Human Services - (Recreation Dept. — Travel/Conference/Dues) Equipment Repairs/Supplies) 101.6772.469 101.7140.445 $ 658 (Human Services - (Recreation Dept. — Misc.) Equipment Repairs/Supplies) 101.6772.499 101.7140.445 $ 707 (Human Services - (Recreation Dept. — Contractual) Equipment Repairs/Supplies) 101.7180.120 101.7140.445 $ 2,000 (Teen Center- (Recreation Dept. — Program Leaders) Equipment Repairs/Supplies) 101.8120.403 101.7140.445 $ 1,294 (Sewer Account) (Recreation Dept. — Equipment Repairs/Supplies) 101.8120.403 101.5110.199 $27,656 (Sewer Account) (Highway Maint— Temp Help) 101.8120.403 101.5110.412 $ 3,521 (Sewer Account) (Highway Maint— Street Maint Supplies) 101.8120.403 101.5142.199 $79,977 (Sewer Account) (Snow Removal— Overtime) 101.8120.403 101.5142.417 $55,370 (Sewer Account) (Snow Removal— Sand/Salt) 101.8120.403 101.7140.470 $ 2,394 (Sewer Account) (Recreation Dept. — Day Camp & Supplies) 101.8120.403 101.7140.473 $ 6,177 (Sewer Account) (Recreation Dept. — Uniforms & Supplies) Board of Trustees Meetings January 10,2006 Page 24 of 29 FROM TO AMOUNT 101.8120.403 101.8020.469 $ 1,925 (Sewer Account) (Planning Board—Misc.) 101.8120.403 101.7150.498 $ 9 (Sewer Account) (Handicapped— SE Consortium) 101.8120.403 101.8160.469 $ 823 (Sewer Account) (Refuse Collection & Disposal— Refuse Collection) 101.8120.403 101.8160.470 $ 3,256 (Sewer Account) (Refuse Collection & Disposal— Recycling) 101.8120.403 101.4540.460 $17,672 (Sewer Account) (Ambulance Services— Volunteer Ambulance) 101.8120.403 101.9950.900 $87,394 (Sewer Account) (Interfund Transfer) 101.3620.160 101.9950.900 $ 493 (Safety Inspection- (Interfund Transfer) Asst. Building Inspector) 101.3620.189 101.9950.900 $ 492 (Safety Inspection- (Interfund Transfer) Overtime) 101.3620.499 101.9950.900 $ 23 (Safety Inspection- (Interfund Transfer) Contractual) 101.8560.418 101.9950.900 $ 250 (Shade Trees - (Interfund Transfer) Construction Supplies) 101.8560.419 101.9950.900 $ 250 (Shade Trees - (Interfund Transfer) Tools/Hardware) Board of Trustees Meetings January 10,2006 Page 25 of 29 FROM TO AMOUNT 101.8560.433 101.9950.900 $ 250 (Shade Trees - (Interfund Transfer) Chemicals) 101.9710.301 101.9950.900 $ 769 (Serial Bonds - (Interfund Transfer) Interest) 101.9730.100 101.9950.900 $ 7 (BANS—Interest) (Interfund Transfer) 101.5182.402 101.9950.900 $159,935 (Lighting Account) (Interfund Transfer) 101.1325.498 101.8160.470 $ 3,256 (Village Treasurer- (Refuse Collection & Disposal— GASB 34 Compliance) Recycling) 101.1325.498 101.8160.469 $ 6,230 (Village Treasurer- (Refuse Collection & Disposal— GASB 34 Compliance) Refuse Collection) AND BE IT FURTHER RESOLVED, that the following budget increases in Revenue and Expenditure accounts be approved: ACCOUNT ACCOUNT NUMBER NAME INCREASE 101.2200.307 Sales Tax $150,000 101.2200.113 Gross Receipts $ 10,000 101.2200.117 Franchise Fees $ 40,000 101.2200.156 Inspection Fees $ 99,000 101.2200.305 Mortgage Taxes $449,000 101.9950.900 Interfund Transfer $250,600 101.9060.817 Employee Benefits - $385,400 Health Insurance 101.9010.429 Employee Benefits $112,000 Police Retirement Board of Trustees Meetings January 10,2006 Page 26 of 29 Mr. Bradbury noted that some accounts have a deficit and other accounts have a surplus. The funds are simply transferred between the accounts. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 11) ADDITIONAL BANK DESIGNATION DEPOSITORY. Mr. Bradbury read the resolution: RESOLUTION ADDITIONAL BANK DESIGNATED AS DEPOSITORY WHEREAS, the Village of Rye Brook has previously designated the Bank of New York, J.P. Morgan Chase, Wachovia, Hudson Valley Bank, Bank of America and Hudson United Bank as depositories for the Village of Rye Brook. NOW THEREFORE BE IT RESOLVED, that Commerce Bank is hereby added to the list of designated depositories for the Village of Rye Brook. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 12) APPROVING MINUTES: OCTOBER 11, 2005 (REGULAR MEETING), OCTOBER 11, 2005 (WORK SESSION), NOVEMBER 8, 2005; OCTOBER 25, 2005; SEPTEMBER 13, 2005; AND AUGUST 9, 2005. Board of Trustees Meetings January 10,2006 Page 27 of 29 Mayor Rand noted that corrections to the summaries have been submitted. He asked for a motion to approve as amended. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN EXCUSED TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT: Mr. Bradbury noted that he had a few items to review. He began by noting that the leaf program has now end. From this point forward, all leaves must be bagged, and branches are to be placed into cans. Mayor Rand congratulated the Public Works Department on a well-run program. Mr. Bradbury noted that the sanitation calendars would be out any day. The schedule is on the Village's website for any resident that needed to view it. The ball field project is moving forward. This was a very rainy season, which made it difficult to work. However, the project is ready for the next step. Mr. Bradbury noted that Mr. George Latimer is submitting special legislation regarding a speed limit reduction on King Street. He will keep the Board apprised of this matter. The Tennessee Gas Company has applied for tree removal permits. The Village is reviewing this matter, and no permits have been issued yet. The Fire Advisory Board has a meeting scheduled for the end of January. A report will be completed, and the Fire Chief will attend the next Board of Trustees meeting to review the report with the Board. Mayor Rand noted there that were two (2) items placed on the agenda by Trustee Feinstein for discussion. DISCUSSION ITEMS: Board of Trustees Meetings January 10,2006 Page 28 of 29 • AMNESTY RELATING TO BUILDING PERMITS AND CERTIFICATES OF OCCUPANCIES Trustee Feinstein noted that some residents have done work to their homes without a building permit. This work has never been issued a Certificate of Occupancy. The matter usually comes to light when an individual goes to sell their house, or when they apply for a permit for additional work. Trustee Feinstein felt that Rye Brook should offer a period of amnesty to individuals who, for whatever reason, do not have the required Certificate of Occupancy. It is always in everyone's best interest to be able to legalize improvements that have been made in accordance to the codes. This is also a matter of safety. A timeframe should be created which would be an incentive to the residents to come forth. Clemency would be granted for the penalty, not the application fees. • HOME RULE LAW REGARDING TERMS OF TRUSTEES AND THE MAYOR Trustee Feinstein asked that the terms for Trustees and the Mayor be reviewed. She asked that this matter be discussed, and considered. She felt that two years was too short, and that perhaps four years was too long. She asked that the Village Board consider three-year terms. Mr. Bradbury noted that a new local law could be established. A request could be made for three-year terms. Mayor Rand felt that this matter deserved further review and consideration. Mr. Bradbury was directed to review the matter. Mayor Rand noted that the next Board of Trustees meeting were scheduled for January 24, 2006 and February 14, 2006. There being no further business before the Board, the meeting was adjourned at 9:30 p.m. Board of Trustees Meetings January 10,2006 Page 29 of 29