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HomeMy WebLinkAbout2006-03-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 28, 2006-7:30 P.M AGENDA EXECUTIVE SESSION: 6:30 P.M.: Legal Matters, Personnel, Negotiations ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Consideration of a local law regulating, for an interim period, certain land use approvals in the R-20 Zoning District known as Byram Ridge within the Village of Rye Brook. 2) Consideration of a proposed local law amending Chapter 235 of the Code of the Village of Rye Brook regarding tree permit appeals. 3) Consideration of a proposed local law amending Chapter 240 of the Code of the Village of Rye Brook regarding handicap parking. 4) Consideration of a proposed local law amending Chapter 24-9 of the Code of the Village of Rye Brook regarding membership of the Board of Ethics. RESOLUTIONS: 1) Authorizing adoption of local law regulating, for an interim period, certain land use approvals in the R-20 Zoning District known as Byram Ridge within the Village of Rye Brook. 2) Adopting a proposed local law amending Chapter 235 of the Code of the Village of Rye Brook regarding tree permit appeals. Board of Trustees Meeting March 28,2006 Page 1 3) Adopting a proposed local law amending Chapter 240 of the Code of the Village of Rye Brook regarding handicap parking. 4) Adopting a proposed local law amending Chapter 24-9 of the Code of the Village of Rye Brook regarding membership of the Board of Ethics. 5) Authorization of funds for the 2006 Memorial Day and Veterans Day ceremonies and parade to be paid to the Rye Town Veterans Association. 6) Setting a public hearing date to consider a proposed local law amending Chapter 179 of the Code of the Village of Rye Brook regarding membership of the Planning Board. 7) Setting public hearing date for 2006-2007 Tentative Budget. 8) Appointment to Planning Board. 9) Approving Snow and Ice Agreement with NYSDOT for 2007-2008 snow seasons. IO)Awarding Contract#06-01, Winding Wood Road North Drainage Improvements. I OApproving use of Village streets for 2nd Annual Community Walkathon. 12)Approving use of Village streets for 22nd Annual Westchester Triathlon. 13)Approving the use of Village streets for the Friends of Crawford Park 5K Race. 14) Approving Minutes: June 14, 2005 and July 12, 2005. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS Board of Trustees Meeting March 28,2006 Page 2 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: April 11, 2006 and April 25, 2006 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg Trustee Elect Pat Romano STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Nicolas Ward-Willis, Esq., Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE The meeting was called to order at 7:30 p.m. by Mayor Lawrence Rand, who welcomed everyone to the March 28, 2006 regular meeting of the Board of Trustees. Mayor Rand noted that there were several Veterans in attendance at the meeting for item #5. He called upon them to lead everyone in the Pledge of Allegiance. Mayor Rand, with the consensus of the Board, took one matter out of order from the agenda as a courtesy to the Veterans who were in attendance: 5) AUTHORIZATION OF FUNDS FOR THE 2006 MEMORIAL DAY AND VETERANS DAY CEREMONIES AND PARADE TO BE PAID TO THE RYE TOWN VETERANS ASSOCIATION Mr. Bradbury read the following resolution: Board of Trustees Meeting March 28,2006 Page 3 RESOLUTION AUTHORIZATION OF FUNDS FOR THE 2006 MEMORIAL DAY AND VETERANS DAY CEREMONIES AND PARADE TO BE PAID TO THE RYE TOWN VETERANS ASSOCIATION WHEREAS, the Rye Town Veterans Association will host the 2006 Memorial Day and Veterans Day ceremonies and parade; and WHEREAS, the Village of Rye Brook Village Board would like to continue to assist the Rye Town Veterans Association with these events. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand dollars ($1,000.00) to the Rye Town Veterans Committee for its 2006 ceremonies and parade. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. 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 MAYOR RAND VOTING AYE Mr. Angelo J. Licari, Chairman of the Rye Town Veterans Association, thanked the Village on behalf of all Veterans. Mayor Rand noted that it was the Village's pleasure to help. Mr. Bradbury noted that for the past four (4) years the Village has donated the sum of$750.00. This year the amount donated has been raised to $1000.00. Board of Trustees Meeting March 28,2006 Page 4 Mayor Rand returned to the order of the agenda, and called for the first matter under Public Hearings: PUBLIC HEARINGS: 1) CONSIDERATION OF A LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, CERTAIN LAND USE APPROVALS IN THE R-20 ZONING DISTRICT KNOWN AS BYRAM RIDGE WITHIN THE VILLAGE OF RYE BROOK. Mayor Rand requested some background on the matter. Nicholas Ward-Willis, Esq., Village Counsel, noted that for the past several months at the Staff level there have been discussions regarding developments within the Village in the R20 Zoning District. At the March 14, 2006 Board of Trustees meeting, the Village Board introduced a Local Law that would impose a Moratorium for certain developments within the R20 District. The Local Law was referred to the Planning Board. The Planning Board, in turn, at its March 27, 2006, made its recommendation to the Village Board. Mr. Ward-Willis also noted that this Local Law was referred to Westchester County. Mr. Ward-Willis provided a brief overview of the Local Law, to show the intent of the Moratorium and set forth some of the concerns that prompted it. The Local Law includes a scope of the properties that would be effected by the Moratorium. The streets effected are Beechwood Boulevard, Edgewood Drive, Woodland Drive, Loch Lane, and Hillandale Road. The Local Law also sets forth which approvals would be limited. It set forth that the applications for which the Planning Board cannot grant preliminary or final approval. The Local Law and/or the Moratorium does not prohibit the issuance of building permits for certain applications, i.e.: matters that require a variance only from the Zoning Board of Appeals. No new or pending applications would be considered during the term of the Moratorium unless granted a waiver through the appeals process. The Moratorium will run for a period of 180 days from its effective date. Penalties are set forth, as is the appeals process. The Planning Board has also made recommendations regarding the review of pending applications for the purposes of the proposed local law. Marilyn Timpone Mohamed, Village Consultant, addressed the Board. She began by noting that the issues to be reviewed are issues that have been a concern to the Village over the years. There was a Moratorium in 2002 that allowed for revisions to the Village's Code in connection with environmental regulations and wetlands laws . Some of the same issues that will now be reviewed were also reviewed at Board of Trustees Meeting March 28,2006 Page 5 that time. They include bulk studies, house size, impervious surface coverage, setbacks, height setback ratios to further limit building heights on side yards. The changes were considered four years ago. The Village has now been working with the new set of regulations for some time and it is now appropriate to review the changes and how they should be amended to make the processes easier for the applicants and the Village. There are some zoning issues that do not quite fit with the Village's Code; the intent of the zoning changes are not being met. Ms. Timpone Mohamed touched on the areas that would be reviewed during the proposed Moratorium, noting that the Village is concerned about the kinds of site plans that it has been seeing, i.e.: putting parking areas in the front of homes. She pointed out that the design of new buildings create usable living areas in the basements and attics. The Village will now evaluate existing allowable maximum floor area to determine if it should be more restrictive. The existing front, side, and rear yard setbacks will be evaluated, as well as the current height setback ratio, and the maximum allowable impervious surfaces in the front yard. The goal is to create design guidelines for the Byram Ridge area. The hope is to encourage site plans and building designs that will be compatible with the area, while still being able to allow residents to renovate or build new homes. Mr. Bradbury outlined several issues that will be included in this study. Some of the storm water issues that have been discussed will be addressed. A Storm Water local law is also currently before the Planning Board for review. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the public hearing was declared open at 7:56 p.m. Trustee Paul Rosenberg began the discussion by noting that he was the liaison to the Planning Board and has been attending their meetings. He noted that there have been a substantial amount of applications made by individuals looking to tear down houses and rebuild larger homes. The Moratorium is not being set to stop residents who are looking to do work in their homes. The Board of Trustees has the ability to grant waivers. The Moratorium will put tear downs on hold. The addition of impervious surface adds to the water problems in the area. The Planning Board discussed grandfathering of applications that are now in the hopper. They also discussed the appeals process and the method of relief, and has made its recommendation to the Village Board. The objective of the Moratorium is to look at the area, identify the problems, and keep the character of the area intact. Trustee Joan Feinstein noted that discussions have taken place regarding this area over the past several years. The residents of the Byram Ridge area have expressed Board of Trustees Meeting March 28,2006 Page 6 their concerns, and have made requests to have this area protected with respect to over-development. This area has large parcels of property, and older stately homes. In order to preserve the larger lots, the Village is also considering up- zoning. The Village must do what is best for all of the residents of Rye Brook. Mr. Tony Seretta addressed the Board. He noted that he had a contract to construct a home in the Byram Ridge area. He recently received an anonymous letter that was placed on the windshield of his car. He presented the Board with the copy of the letter for review, and asked for clarification of the Moratorium. After reading the letter he felt that this action would turn people away from Rye Brook. Mr. Ward-Willis noted that the amendments to the Village's Code would not prevent anyone from putting on an addition, or applying for a pool permit if it otherwise met the code. In addition, remodeling homes would not be prevented by this law. Mayor Rand took a moment to read the flyer. He stated that the information presented in the flyer was incorrect. Mayor Rand assured everyone that it contained misinformation. Linda Whitehead, Esq., from the firm of McCullough, Goldberger and Staudt, addressed the Board. She stated that she represented several applicants currently before the Planning Board. She noted that letters on behalf of each of the clients were submitted to the Village. Ms. Whitehead pointed out that a Moratorium has a severe effect on property rights. The decision to institute this Moratorium seems to be response to applications that have been made to the Village, versus what it is intended to be — an emergency action. No one can guarantee that the Moratorium will last only 180 days. They are often extended, and no one can make the promise that this one will not be extended. A Moratorium is typically adopted when a municipality is going through the Master Plan process. The Vision Plan for Rye Brook has already been completed. Changes to the Village's Code have also been completed. Ms. Whitehead pointed out that part of that process was giving the Planning Board approval authority when previously it was simply in a advisory position. At this time the Village feels as if it did not do enough because the applications are still coming, and things are still going on. Ms. Whitehead noted that the Courts consider a Moratorium as an extreme measure. A Moratorium is not put in place in response to community opposition to development. This part of the Village is comprised of different sized older Board of Trustees Meeting March 28,2006 Page 7 homes. You can't stop progress. There is a natural progression of replacement of older houses with newer houses. People are looking for larger houses to live in. Ms. Whitehead noted that the way the site plan law reads, the smaller things that a homeowner may want to do could require a site plan review and therefore could be subject to the Moratorium. No one is sure what the Village is looking to accomplish. There are a significant number of existing lots that will be rendered non-conforming. She felt that drainage problems relate more to existing homes than it does to new construction. Ms. Whitehead stated that the law requires that the Village have an appeal process. In addition, the Village requires the applicant to show a unique hardship in order to be eligible for the appeal process. She noted that, in her opinion and in the opinion of her clients, this Moratorium is illegal. She requested that an exemption be made for applications in the hopper, noting that typically pending applications that are submitted prior to a certain date or applicants that have reached a certain point in the process are exempt. Many of these applicants have spent significant amount of time and money to get to this point in the process. Grandfathering them from the Moratorium would be a matter of simple fairness. This is the building season, and the Moratorium could go through September. This will have a significant impact on the residents. She noted that listing the streets in the area that are effected by the Moratorium, in her opinion, constitutes a substantiate change and, therefore, the Board could not vote on the resolution at this meeting. She asked the Board to keep in mind the impact that this Moratorium would have on the residents of this area of Rye Brook. Mayor Rand noted that the Moratorium was not motivated by any particular application. The Vision Plan was put together in 2000 and was never approved by any Village Board. It was meant as a road map. Ms. Whitehead disagreed and stated that the Village has used the Vision Plan. A resident of Woodland Drive addressed the Board. He felt that focusing on five streets in the Village was discriminatory. A 180-day Moratorium can easily be extended. He asked that the Board listen to the public. A resident whose pool application was approved addressed the Board. She noted that the Byram Ridge area contains several older, run-down homes. She felt that a Moratorium would drive people away from the area. She noted that she submitted an application for her pool in July and it was just approved at the Planning Board meeting last night. There were no variances required, and it still took six months. Board of Trustees Meeting March 28,2006 Page 8 Some individuals have purchased homes in this area with the intention of building and it is not reasonable to ask them to wait another six months. The resident of 19 Bonwit Road addressed the Board. She noted that she has been renting a home in Rye Brook for over two years. She was waiting for the right time and the right house to buy. She recently went to contract on a house on Woodland Drive. This house needs works and she is buying it fully aware that she will have to make renovations before she moves into it. This Moratorium will be a financial hardship. The lots in the Byram Ridge area are the only lots that can accommodate larger homes and it is this feature that attracts people to the area. A resident of 36 Lincoln Avenue addressed the Board. He stated that the Moratorium is the wrong weapon for this problem. If the intent is to not exacerbate the drainage problems in this area, then targeting new construction is not the way to address it. He felt that one proposed subdivision was at the route of this Moratorium. The Village is not encouraging new homeowners to come into Rye Brook. This law will halt all pending applications, and this type of negative development will lower the value of the homes. A resident of Rye Brook, who owns three houses in Rye Brook, addressed the Board. He noted that the economics of the sale of a home includes the increase in the value that the home will have when it is re-developed. There should be more flexibility. The residents of this area should be aware of the water problems, however, it is unfair for individuals who have made an investment nine months ago, to be stopped now. This is not an action to be taken lightly. There are homeowners with offers on their homes that are about to be withdrawn because of the proposed Moratorium. The resident of 22 Beechwood Boulevard addressed the Board. She stated that it is her intention to raise her children in this beautiful neighborhood. She has just submitted plans to build their dream house on the property that they bought. She asked that the Board carefully consider instituting this Moratorium and the effects that it would have on individuals such as herself. She agreed that all drainage issues need to be addressed, but the residents should not penalized. Ms. Albrecht of Hillandale Avenue addressed the Board. She felt that the Moratorium was a good idea in that it would give the Village a chance and pause and review the drainage issues in this area. Mr. Brad Hamburger of Bellefair addressed the Board. He felt that there was a huge economic impact to the Village by instituting this Moratorium. He asked Board of Trustees Meeting March 28,2006 Page 9 that before a Moratorium was placed that additional notice was made to the residents. He felt that everyone that would be impacted should be given an opportunity to be heard. Mayor Rand noted that the purpose of the Moratorium is to temporarily freeze construction in this area in order to give the Village time to review and possibly amend the Village Code. There seems to be a tremendous fear that this Moratorium may be extended. He noted that the Board would consider a sunset clause. The words in the resolution are that the Moratorium is temporary and somehow people are getting off base on the reasoning behind the proposed Moratorium. The intent is a temporary stop the work, work with the community and the Planning Board, and find out what is best for the Village. Board members are homeowners and residents who have a commitment to the entire Village, and all of the residents. This Moratorium is not a total stoppage of work, and there is a lot of leeway for relief. The previous Moratorium in the Village did not in any way change a great number of plans. Mayor Rand noted that he would attempt to come to closure on this matter this evening after a 1 �/z hour discussion. Mr. Laufer of 10 Loch Lane addressed the Board. He noted that this Moratorium has been a long time coming. This community has been dealing for years with issues that the Board is trying to solve. He noted that the Village has made significant mistakes in sub-divisions over the years. It is now attempting to preserve green space, and fix existing problems without creating new ones. The needs of the residents in this area need to be addressed. Mr. Laufer stated that three years ago a petition was prepared and signed by the majority of residents in the Byram Ridge area. Those residents are fully aware of the problems in the area. The owner of 33 Woodland Drive addressed the Board. She noted that she purchased her home because it was located in a charming community, but knew that the kitchen needed to be renovated. She has now gone through a great expense in order to submit the application for these renovations with the intention of enhancing her quality of life. This Moratorium could put a stop to her application. She asked that the Board seriously consider the impact on the residents before instituting this Moratorium. Leo Goldner, a resident of Edgewood Drive, noted that he was distressed that no one knew that this was going on. Everyone wants green space, but no one wants the value of their homes to depreciate. He felt that the use of his property and land would be tremendously restricted if the Village implemented the Moratorium and the changes that it is proposing. Board of Trustees Meeting March 28,2006 Page 10 Trustee Feinstein requested some minor corrections to the draft Local Law. She understood the concerns expressed by the residents that this Moratorium would last for much longer than the 180-days. She asked that a sunset date for six months be added to the Local Law. Trustee Rosenberg said that the process should be streamlined as much as possible. All applications should not be required to be referred to the Planning Board. Trustee Michael Brown noted that there will be a mechanism for residents to apply for a waiver. He stressed the fact that they would not automatically be shut out because of the Moratorium. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the changes to the draft Local Law were approved. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: 1) AUTHORIZING ADOPTION OF LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, CERTAIN LAND USE APPROVALS IN THE R-20 Board of Trustees Meeting March 28,2006 Page 11 ZONING DISTRICT KNOWN AS BYRAM RIDGE WITHIN THE VILLAGE OF RYE BROOK. RESOLUTION AUTHORIZING ADOPTION OF LOCAL LAW REGULATING, FOR AN INTERIM PERIOD, CERTAIN LAND USE APPROVALS IN THE R-20 ZONING DISTRICT KNOWN AS BYRAM RIDGE WITHIN THE VILLAGE OF RYE BROOK WHEREAS, a resolution was adopted by the Village Board of the Village of Rye Brook on March 14, 2006 for a public hearing to be held by said Village Board to hear all interested parties on a proposed local law to enact a Chapter of the Code of the Village of Rye Brook entitled 2006 Interim Development Law; and WHEREAS, notice of said public hearing was duly advertised in the Journal News, the official newspaper of the Village of Rye Brook in the manner prescribed by law; and WHEREAS, the 2006 Interim Development Law was referred to the Planning Board for a report and recommendation and heard by the Planning Board at its March 27, 2006 meeting whereupon the Planning Board favorably endorsed the adoption of said local law; and WHEREAS, the 2006 Interim Development Law was referred to adjoining municipalities and the Westchester County Planning Department for comment; and WHEREAS, said public hearing was duly held at Village Hall on March 28, 2006 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and WHEREAS, the Village Board has complied with the provisions of the New York State Environmental Quality Review Act and determined that the adoption of such local law is a "Type 11 Action" and therefore no further environmental review is required; and WHEREAS, The Village Board, after due deliberation, finds it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Rye Brook hereby adopts Local Law Number 6 of 2006, entitled The Board of Trustees Meeting March 28,2006 Page 12 2006 Interim Development Law, a copy of which is annexed hereto and made a part of this Resolution; and BE IT FURTHER RESOLVED, that the Village Clerk be and hereby is authorized and directed to enter said local law and the minutes of the meeting and to give due notice of the adoption of said local law to the Secretary of the State of New York within the time required by law. Trustee Buzin asked that general perimeters be created and made available for the residents. Mayor Rand agreed and noted that there was a lot of misinformation on this very emotional subject. He stressed that the Moratorium is a temporary hold to review this area and the Village's Code. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called on Ms. Nancy Tunis. She noted that Assemblyman George Latimer was in Albany and she was standing in for him. It was Mr. Latimer's desire to thank Trustee Richard Buzin for his work on behalf of the residents of Rye Brook. Trustee Buzin was presented with a Certificate of Appreciation. The Board thanked Trustee Buzin for his efforts on behalf of all of the residents of the Village, and all of his work as liaison to the Board of Education. Mayor Rand called for the second public hearing on the agenda: 2) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TREE PERMIT APPEALS. Board of Trustees Meeting March 28,2006 Page 13 Mr. Bradbury noted that this local law will transfer the responsibility from the Tree Approval Appeals Board to the Environmental Council. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing was declared open. Trustee Feinstein noted that the Environment Council has been doing a wonderful job, and this change would simply facilitate the process. The Environmental Council has meet and reviewed the proposed legislation. They have agreed to accept the responsibility. 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 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: 2) ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TREE PERMIT APPEALS Mr. Bradbury read the resolution: RESOLUTION ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 235 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING TREE PERMIT APPEALS WHEREAS, a local law has been proposed to amend the Village Code regarding tree permit appeals; and Board of Trustees Meeting March 28,2006 Page 14 WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on March 28, 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 March 28, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 235 of the Code of the Village of Rye Brook regarding tree permit appeals; and 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. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN ABSENT TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the third public hearing on the agenda: 3) ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HANDICAP PARKING. Mr. Bradbury reviewed this matter for the Board. He noted that this request came from a resident of College Avenue after parking regulations were changed in the area. Although her home has a driveway, utilizing it means that she would have to negotiate a set of stairs. Parking in the front of the home relieves this burden. Mayor Rand called for discussion on this matter. Trustee Rosenberg was concerned about the request for this handicapped parking space as he felt that it could set a precedent. This is not an individual specific but rather a handicapped space and, in that area alone, there are six (6) active handicapped parking permits that have been issued. He felt that other residents could request a handicapped Board of Trustees Meeting March 28,2006 Page 15 space in the front of their homes, or the resident requesting this space may not have the opportunity to utilize the space because another person with a permit has parked in the space. Trustee Feinstein agreed with Trustee Rosenberg in that that there are many other handicapped residents who could make similar applications. Trustee Brown also felt that granting this request would be setting a precedent. Trustee Buzin noted that the Traffic Commission has reviewed this matter, and made the recommendation to move this matter forward. He felt that this was a special situation. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE On a separate matter Mr. Bruno Ponterio thanked the Village Board for work that was recently completed on the sidewalk of Betsy Brown. He felt that removing the bushes in this area and making the repairs removed a safety hazard. Mayor Rand called for resolution #3: 3) ADOPTING A PORPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HANDICAP PARKING Mr. Bradbury read the resolution: Board of Trustees Meeting March 28,2006 Page 16 RESOLUTION ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING HANDICAP PARKING WHEREAS, a local law has been proposed by the Village of Rye Brook Traffic Commission to amend Chapter 240 of the Village Code to create a handicap parking space located at 72 College Avenue; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on March 14, 2006, and March 28, 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 March 28, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook regarding a handicap parking space located at 72 College Avenue; and 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. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the resolution was put to a vote. TRUSTEE BROWN VOTING NAY TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING NAY TRUSTEE ROSENBERG VOTING NAY MAYOR RAND VOTING AYE The motion did not pass. The resolution was denied. Board of Trustees Meeting March 28,2006 Page 17 4) CONSIDERATION OF A PROPOSED LOCAL LAW AMENDING CHAPTER 24-9 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP OF THE BOARD OF ETHICS. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the public hearing was declared open. Mr. Bradbury noted that a local law has been prepared which modifies the Village's current law so that it is no longer required that a member of the Ethics Board be a municipal employee, which is permissible by New York State regulations. Mr. Ward-Willis reviewed the matter for the Board. He noted that research was done and it was found that the Village Board of Trustees could remove the requirement that a member of the Board be an elected official or municipal employee. 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 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE On a motion made by Trustee Buzin and seconded by Trustee Feinstein, the following resolution was adopted: RESOLUTION ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 24-9 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP OF THE BOARD OF ETHICS WHEREAS, a local law has been proposed amending Chapter 24 of the Village Code; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on March 28, 2006, at which time all those wishing Board of Trustees Meeting March 28,2006 Page 18 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 March 28, 2006. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend Chapter 24 of the Code of the Village of Rye Brook regarding membership of the Board of Ethics; and 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. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 179 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP OF THE PLANNING BOARD. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 179 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING MEMBERSHIP OF THE PLANNING BOARD WHEREAS, a local law has been proposed amending Chapter 179 of the Village Code; and NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on April 11, 2006 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law amending Chapter 179 of the Code of the Village of Rye Brook regarding membership of the Planning Board. Board of Trustees Meeting March 28,2006 Page 19 On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that the Planning Board's responsibilities have more than doubled. Currently if a member is excused from three (3) regularly scheduled meetings in one calendar year, or misses two (2) consecutive meetings without excuse, the member would be replaced for the balance of the term. 7) SETTING PUBLIC HEARING DATE FOR 2006-2007 TENTATIVE BUDGET Mr. Bradbury read the resolution: RESOLUTION SETTING PUBLIC HEARING DATE FOR 2006-2007 TENTATIVE BUDGET RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 11, 2006 at 7:30 p.m. at the Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2006-2007 Tentative Budget for the Village of Rye Brook. 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 Meeting March 28,2006 Page 20 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that the tentative budget is on the Village's website if anyone would like to review it. This was a tremendously difficult year due to the losses in the taxpayer income because of the tax certs. The Village lost approximately 20 million in assessed value of one property. There were no staff cuts or cuts in services to the residents. Mr. Bradbury noted that budget work sessions have been scheduled. 8) APPOINTMENT TO PLANNING BOARD Mr. Bradbury read the following resolution: RESOLUTION APPOINTMENT TO PLANNING BOARD NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Amy Schoen of 73 Country Ridge Drive, Rye Brook, New York, to fill the unexpired term of Patricia Romano on the Planning Board, for the term ending April 2009. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that Ms. Schoen was a member of the Architectural Review Board. As a result, there was an opening on that Board that needed to be filled. With the Board's consensus, Mr. Bradbury read an additional resolution. Board of Trustees Meeting March 28,2006 Page 21 RESOLUTION APPOINTMENT TO THE ARCHITECTURAL REVIEW BOARD NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Marcia Rogull of 65 Talcott Drive, Rye Brook, New York, to fill the unexpired term of Amy Schoen on the Architectural Review Board, for the term ending April 2007. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that as a result of the resignation of Dorothy Roer on the Zoning Board of Appeals, an additional appointment was made. Mr. Bradbury read the resolution: RESOLUTION APPOINTMENT TO THE ZONING BOARD OF APPEALS NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Michael Segal of 22 Pine Ridge Road, Rye Brook, New York, to fill the unexpired term of Patricia Romano on the Zoning Board of Appeals, for the term ending April 2006. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting March 28,2006 Page 22 Mayor Rand returned to the order of the agenda: 9) APPROVING SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2007- 2008 SNOW SEASONS Mr. Bradbury read the resolution: RESOLUTION APPROVING SNOW AND ICE AGREEMENT WITH NYSDOT FOR 2007-2008 SNOW SEASONS RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement (#DO10779) with the State of New York, Department of Transportation until June 30, 2008 under which the Village of Rye Brook will receive payment up to $12,824.00 per year for snow and ice control on King Street and Westchester Avenue; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING NAY TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Trustee Buzin explained his vote, stating that he could not understand how New York State came up with the numbers. 10) AWARDING CONTRACT #06-01, WINDING WOOD ROAD NORTH DRAINAGE IMPROVEMENTS Board of Trustees Meeting March 28,2006 Page 23 Mr. Bradbury read the resolution: RESOLUTION AWARDING CONTRACT #06-01WINDING WOOD ROAD NORTH DRAINAGE IMPROVEMENTS WHEREAS, the Village of Rye Brook has solicited bids for Contract 06- 01 "WINDING WOOD ROAD NORTH DRAINAGE IMPROVEMENTS"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on February 21, February 22, and March 1, 2006; and WHEREAS, at 10:00 a.m., Wednesday, March 14t", 2006, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND 1. ELQ INDUSTRIES, INC. $69,557.50 YES 2. WJL EQUITIES, CORP. $83,125.00 YES 3. PETER J. LANDI, INC. $85,870.00 YES 4. MARQUISE DEVELOPMENT CORP. $106,500.00 YES 5. JOKEN DEVELOPMENT CORP. $114,280.00 YES 6. CON-TECH CONSTRUCTION TECH., INC. $119,700.00 YES 7. JOHN BARRETO CONSTRUCTION $131,370.00 YES 8. PECKHAM ROAD CORPORATION $152,015.00 YES 9. CASSIDY EXCAVATING INC. $244,812.35 YES WHEREAS, upon reviewing the bids, the Village Engineer has determined that ELQ Industries, Inc., is the lowest responsible bidder meeting the requirements of the contract documents, NOW, THEREFORE, BE IT HEREBY RESOLVED, that Contract 06- 01 "WINDING WOOD ROAD NORTH DRAINAGE IMPROVEMENTS" is hereby awarded to ELQ Industries, Inc., for the total bid price of$69,557.50; and be it Board of Trustees Meeting March 28,2006 Page 24 FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that this is a very significant project. There is an existing Village infrastructure with a storm drain that takes care of a good portion of the area which runs through the Winding Wood Road area. There is an easement through several properties. A few homeowners in the area of the easement have noticed sinkholes. After investigation, it was discovered that the drainpipe had collapsed, resulting in severe erosion in the area of the easement. This project will replace the drainpipe and restore the area that has been eroded. The project will begin immediately. On a motion made by Trustee Brown, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 11)APPROVING USE OF VILLAGE STREETS FOR 2ND ANNUAL COMMUNITY WALKATHON Mr. Bradbury read the resolution: RESOLUTION APPROVING USE OF VILLAGE STREETS FOR 2nd ANNUAL COMMUNITY WALKATHON RESOLVED, that Cerebral Palsy of Westchester is authorized to use the Village of Rye Brook streets for the 2nd annual Community Walkathon on Saturday, May 20, 2006 (rain date on Sunday, May 21, 2006) as requested in the letter dated March 10, 2006; and be it Board of Trustees Meeting March 28,2006 Page 25 FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Rosenberg, 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 12)APPROVING USE OF VILLAGE STREETS FOR 22ND ANNUAL WESTCHESTER TRIATHLON Mr. Bradbury read the resolution: RESOLUTION APPROVING USE OF VILLAGE SREETS FOR 22ND ANNUAL WESTCHESTER TRIATHLON RESOLVED, that the Westchester Triathlon is authorized to use the Village of Rye Brook streets for the 22nd annual Westchester Triathlon on Sunday, September 17, 2006, requested in the letter dated February 6, 2006; and BE IT FURTHER RESOLVED, that the Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE Board of Trustees Meeting March 28,2006 Page 26 MAYOR RAND VOTING AYE 13)APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5K RACE Mr. Bradbury read the following resolution: RESOLUTION APPROVING THE USE OF VILLAGE STREETS FOR THE FRIENDS OF CRAWFORD PARK 5K RACE RESOLVED, that the Friends of Crawford Park are authorized to use Village of Rye Brook streets for their 5K race on Sunday, October 15, 2006, as requested in the letter dated March 8, 2006; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 14) APPROVING MINUTES: JUNE 14, 2005 AND JULY 12, 2005 On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the summaries were approved as amended. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE Board of Trustees Meeting March 28,2006 Page 27 TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that the contractor has completed the work on the sidewalks on Betsy Brown. The Ball Field is taking shape. The bathrooms are being discussed with the architect, along with the storage facility. The Environmental Protective Agency report will be completed next week in connection with the 55 Hillendale site. They will check the ground water periodically. The report will be available in the Administrator's Office for anyone wishing to review it. Rye Brook has been named Tree City USA. A ceremony will be held in Albany. Opening Day for the Rye Brook Little League will be held on April 22, 2006. The Rich Manor Park project is progressing. NYS Assemblyman George Latimer has been working with the Village in order to obtain additional funds from the State for fencing along I287, adjacent to the senior housing on Grant Street. Mayor Rand noted that this was Keith Rang's last meeting with the Village. He thanked him for hard work, and wished him luck with his new position in Port Chester. Mr. Rang was presented with a Certificate of Appreciation for his service to Rye Brook. Everyone said their goodbyes to Dr. Richard Buzin, who has served the Village for the past two years as Trustee. Trustee Feinstein thanked Trustee Buzin, and read a poem she had written for his last meeting. Trustee Buzin thanked everyone for their appreciation. There being no further business before the Board, the meeting was adjourned at 10:20 p.m. Board of Trustees Meeting March 28,2006 Page 28