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HomeMy WebLinkAbout2006-04-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,APRIL 25, 2006— 7:30 P.M. AGENDA EXECUTIVE SESSION: Legal and Personnel Matters— 6:45 p.m. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS RESOLUTIONS: 1) ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON- HOMESTEAD BASE PROPORTIONS 2) ADOPTING THE VILLAGE OF RYE BROOK 2006-2007 ANNUAL BUDGET 3) REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE RYE RIDGE SHOPPING CENTER TO THE PLANNING BOARD 4) CONSIDERING APPOINTMENT OF JUNIOR CIVIL ENGINEER 5) RATIFYING AN APPOINTMENT TO THE EMERGENCY MEDICAL SERVICES COMMITTEE 6) REJECTING BIDS FOR PROJECTS 06-04, STORAGE BUILDING AT GARIBALDI PARK 7) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING PROVISIONS TO THE VILLAGE CODE REGARDING REFERENCES TO THE TREE AND BEAUTIFICATION COMMITTEE 8) GRANTING AMNESTY TO ALL PERSONS WHO FAILED TO ACQUIRE THE PROPER BUILDING PERMITS BEFORE CONSTRUCTION OR MODIFICATION OF A BUILDING OR OTHER STRUCTURE Board of Trustees Meeting April 25,2006 Page 1 9) REFERRING TO THE PLANNING BOARD A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(G) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACKS IN THE R-20 DISTRICT 10) SUPPORTING THE CONTINUATION OF FEDERAL FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM MORATORIUM APPEALS: 1) CONTINUATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR SITE PLAN APPLICATION AT 41 HILLANDALE ROAD 2) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR SITE PLAN APPLICATION AT 22 BEECHWOOD BOULEVARD 3) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 20 WOODLAND DRIVE ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Board of Trustees Meetings: May 9, 2006 and May 23, 2006 PRESENT: Mayor Lawrence Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Patricia Sanders-Romano Trustee Paul S. Rosenberg STAFF: Christopher Bradbury, Village Administrator Edward Beane, Village Counsel Marilyn Timpone Mohamed, Village Planner Victor Carosi, Village Engineer Michal Nowak, Junior Civil Engineer Fred Seifert, Public Access Coordinator Chief Theodore Sabato Paula Patafio, Meeting Secretary Board of Trustees Meeting April 25,2006 Page 2 CONVENE: Mayor Lawrence Rand called the April 25, 2006 regular meeting of the Board of Trustees to order beginning with the Pledge of Allegiance, led by former Trustee Richard Buzin. It was noted that there were no Public Hearings on the agenda, and Mayor Rand moved to the resolution portion of the meeting. RESOLUTIONS: 1) ADOPTING LOCAL ADJUSTMENTS FOR HOMESTEAD AND NON- HOMESTEAD BASE PROPORTIONS Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law #2- 2005 relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law regarding Homestead base proportions; and WHEREAS, the Town of Rye Assessor has prepared Homestead and Non- Homestead base proportions for the Village of Rye Brook; and WHEREAS, the Board of Trustees of the Villages of Rye Brook wishes to adopt local adjustments to these base proportions, that will be used to establish a Homestead tax rate and a Non-Homestead tax rate. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2006-07 tax levy, Homestead base proportions of 72.030851% for Homestead properties and 27.969149% for Non- Homestead properties; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that the Town Assessor and Tax Collector are authorized and directed to make any filings on behalf of Rye Brook, and to take any additional actions necessary to implement the purposes of this resolution. Mr. Bradbury reviewed the purpose of the resolution. He noted that this locks in the percentage paid by the commercial properties after the revaluation. Each year after the revaluation, the Board can continue and implement the Homestead base proportion. And, each year it is adjusted by the Assessor and modified or approved by New York State Office of Real Property. Board of Trustees Meeting April 25,2006 Page 3 There were no comments from the Board or members of the public. Mayor Rand called for a motion. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders-Romano, the resolution was adopted. Mr. Bradbury, Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) ADOPTING THE VILLAGE OF RYE BROOK 2006-2007 ANNUAL BUDGET Mr. Bradbury read the following resolution: RESOLUTION ADOPTING THE VILLAGE OF RYE BROOK 2006-2007 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 20, 2006; and WHEREAS, the Board of Trustees held two budget work sessions on April 3, 2006 and April 4, 2006; and WHEREAS, the Board of Trustees held a public hearing on April 11, 2006 pursuant to the notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, on January 25, 2005 the Board of Trustees adopted a local law allowing for homestead base proportions, and on April 25, 2006 adopted a resolution establishing base proportions of 72.030851% for homestead properties and 27.969149% for non-homestead properties for the purposes of the 2006-07 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,648,227,755, and based upon the amendments made by the Village Board at the Board of Trustees Meeting April 25,2006 Page 4 budget work sessions, would result in a homestead tax rate of$3.76 and a non-homestead tax rate of$6.83 per $1,000 of assessed valuation; and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $11,383,169 tax levy based upon the most updated Assessment Roll provided by the Assessor; and NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted, representing an increase in general fund expenditures by $49,500, an increase in non-property tax revenues by $60,000 and a decrease in the tax levy by $10,500: 2006-07 2006-07 BOT Fund/Program Area Tentative Recommended General Fund Expenditures: 6772.189 Human Services-PT Help $3,700 $3,200 1990.424 Contingency Account $143,000 $193,000 General Fund Revenues: Sales Tax Revenue $950,000 $980,000 Mortgage Tax Revenue $440,000 $470,000 Recreation Trust and Agency Acct. Transfer: Trail System @ King Street/Lincoln Avenue $40,000 $0 Sprinkler System/Drainage @ Pine Ridge Park $100,000 $60,000 Capital Pro"ects Acct.: GOA Debt Financln : 9950.9 Sprinkler System/Drainage Pine Ridge Park $0 $40,000 License and Permit Fee Schedule: $15.00/ $16.00/ Building Permits-Commercial Fee $1,000 constr. $1,000 constr. Special Permit Fee $500 $1,000 ................................................... TCO-Commercial $350: $500 ......................................................... CO-Commercial Permanent Up to$200,000 $225 $400 ............................................................................................ CO-Commercial Permanent$200,0004300,000 $275. $500 ............................................................................................ CO-Commercial Permanent$300,000-$400,000 $325' $600 ............................................................................................ CO-Commercial Permanent$400,0004500,000 $375 $700 ............................................................................................ CO-Commercial Permanent$500,00041,000,000 $500 $900 .......................................................... CO-Commercial Permanent$1,000,00042,000,000 $650 $1,200 ............................................................................................ CO-Commercial Permanent$2,000,00043,000,000 $850. $1,600 ........................... CO-Commercial Permanent$3,000,000-$4,000,000 $1,050 $2,000 ............................................................................................ CO-Commercial Permanent$4,000,00045,000,000 $1,250: $2,400 ........................................................ CO-Commercial Permanent Over$5,000,000 $1,800; $3,500 .................................................... CO-Residential-Temporary $225 $250 CO-Residential-Over$100,000 $225 $250 $60/ $60/ Demolition Permit-Commercial +$15/$1 k +$17/$1 k Board of Trustees Meeting April 25,2006 Page 5 Fire Inspection Fee(every 3 ears n/a $100 .................................................................................. Temporary membrane structure tentpermit n/a $100 Temporary construction trailer permit n/a $100 ................................................................................... Same as Sin permits n/a Bldg. Permits $100/removal Fuel tank permit n/a. $100/installation Fuel-fired or electronic heating equipment n/a $25/unit ............................................................................................ Home Occupation Fees $200. $300 Home Occupation Annual Renewal $125 $200 Min. $500 Legalization Fees $900/$150: +12% of cost Site Plan Amendment n/a $500 ............................................................................................ PUD fee per acre $350. $500 ............................................................................................ $250+. $250+ Site Plan- Residential $100 addtl unit: $200 additl unit ............................................................................................ $50+. $50+ Fences&Walls-Commercial $15/$1 k $16/$1 k i .................................................... $350+ $500+ Subdivision Fee $100 per new lot $500 per new lot -...................... .................. Street Opening $250 $300 Electrical Permits 1-20 outlets $40. $50 .................................................... Electrical Permits 21-50 outlets $50 $60 ............................................................................................ Electrical Permits 51-100 outlets $70. $80 ............................................................................................ Electrical Permits 101-200 outlets $110. $120 ................................................... Electrical Permits 201-300 outlets) $210 $220 .................................................... Electrical Permits-Swimming Pool $100 $150 .................................................. Electrical Permits-New service 200 amps $60 $70 Electrical Permits-new service over 200 amps $85. $85 Electrical Permits-elevator $60 $100 ............................................................................................ $60+. $70+ Plumbing permit fee-up to 5 fixtures $7/ea. addt'I. $7/ea. addt'I. ............................................................................................ Plumbing permit fee-over 5 fixtures $60 $70 ............................................................................................ Plumbing permit-Sanitary sewer connection $60. $70 ............................................................................................ Plumbing permit-Stormwater drain connection $60 $70 Plumbingpermit-Gas line connection $60 $70 ............................................................................................ Plumbing permit-Water line connection $60 $70 Burglar& Fire Alarms-Seniors Initial $30 $25 ............................................................................................ Burglar& Fire Alarms-Seniors Renewal $25. $20 ........................................................................................0 Fingerprinting- Resident $10 $20 ............................................................................. Fingerprinting- Non-Resident 1 $20 $30, FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2006; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges identified in Board of Trustees Meeting April 25,2006 Page 6 the budget be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby authorize the tax levy for the sum of $11,383,169 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of$2,648,227,755 for the Village of Rye Brook and applying the approved homestead base proportions to determine the tax rates, would result in a homestead tax rate of$3.76 and a non-homestead tax rate of$6.83 per thousand of assessed valuation. Mr. Bradbury reviewed the resolution. It was noted that there was an increase in the levy. A clarification was made to show the differential between the residential portion and the commercial portion. Trustee Joan Feinstein noted that there were minor changes made to the annual budget, which have been incorporated. A discussion regarding the Village's requirement for a permit and inspection of hot water heaters in residential properties ensued. She felt that very few residents were aware that they needed a permit to replace their hot water heaters. Mr. Bradbury noted that annually the Village receives more than 50 and less than 100 people calling for an inspection for this type of installation from the Village. Trustee Paul Rosenberg agreed that not many people are aware that this type of work requires an inspection. Mr. Bradbury responded that the Village is making an effort to ensure that residents are aware of this requirement in connection with the installation of hot water heaters and boilers. This is a safety issue, and the inspections are very important. It was felt that the fee for the inspection should be increased to $25.00. Mayor Rand stated that the important issue here was the inspection for safety purposes. Mayor Rand noted that when the Board discussed the 8th item on the agenda, the notification process to Village residents' would be further discussed. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Paul Rosenberg, the resolution was amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 25,2006 Page 7 On a motion made by Trustee Feinstein, and seconded by Trustee Feinstein, the resolution was adopted as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that this was a very tough budget to put together because of the loss of revenue due to tax Certs. The Village's staff did an excellent job, reviewing the budget line-by- line. The Village has ended up with a budget that has no cuts in personnel or services for the community. 3) REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE RYE RIDGE SHOPPING CENTER TO THE PLANNING BOARD Mr. Bradbury read the following resolution: RESOLUTION REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE RYE RIDGE SHOPPING CENTER, SECTION 1, BLOCK 22, LOTS 3, 3A AND 4A-A TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, on March 13, 2006, Win Ridge Realty, LLC, submitted application to amend the approved site plan for the Rye Ridge Shopping Center located at the intersection of South Ridge Street and Bowman Avenue in Section 1, Block 22, Lots 3, 3A and 4A -A of the C1-P Zoning District proposing to enhance pedestrian access to and within the site, reconfigure the western parking area, add new building sidewalks, and upgrade building facades and landscaping. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook declares itself Lead Agency for 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, makes a preliminary classification of the proposed action as Unlisted; and BE IT FURTHER RESOLVED, that the subject application shall be referred to the Village Planning Board for a report and recommendations, the Westchester Department of Planning and the Town/Village of Harrison; and Board of Trustees Meeting April 25,2006 Page 8 BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification. Mr. Bradbury reviewed the resolution. It was noted that this was not the public hearing, but rather the referral to the Planning Board. Mayor Rand offered to take brief statements from members of the public. Stine Silverberg, Esq., addressed the Board. He noted that although this was a referral to the Planning Board, he asked that the Board allow the applicant a few minutes to review the site plan. It was understood that the formal presentation would be made to the Planning Board, and before the Board of Trustees, after the Planning Board's referral. However, Mr. Silberberg felt that it was important to give the public a general idea of what this resolution entailed. Mr. Jim Ryan of John Myers Engineering addressed the Board. He reviewed the plan that was recently submitted, noting that this is an existing shopping center, known as the Rye Ridge Shopping Center. This project was reviewed with Village staff and consultants. The proposal is a re-vitalization of the Shopping Center. As a result of some critical safety issues, there will be some reconfiguration to the access drives. Also to be addressed is pedestrian safety, and pedestrian and traffic circulation within the center. The applicant is looking to reconfigure the western parking lot. It has been found that individuals walk between cars, which creates a safety issue. Sidewalks will be upgraded, curbing, landscaping, and lighting will be added. This is part of a comprehensive plan, which also includes some changes to the facades of some of the buildings. The parking is now non-conforming, and so in an effort to improve access and circulation, create green space, and improve the flow of traffic, the plan has been presented to the Village. There is a landscape architect that has been working on the plan, and 900 shrubs are proposed to be added to this parking area. There will be some very significant improvements as a result of this amended site plan. Trustee Rosenberg questioned whether there were plans to install traffic control devices to slow down the flow of traffic. Mr. Myers noted that this is an issue that is being reviewed. As features and walkways are introduced, and textures and surfaces are changed, the reduction of the ability for cars to speed through the parking area will be accomplished. In addition, the applicant is considering removing the existing speed bumps by utilizing other traffic controlling techniques. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE Board of Trustees Meeting April 25,2006 Page 9 MAYOR RAND VOTING AYE 4) CONSIDERING APPOINTMENT OF JUNIOR CIVIL ENGINEER Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPOINTMENT OF JUNIOR CIVIL ENGINEER RESOLVED, that Michal Nowak of 7 Cypress Street, Yonkers, New York, is hereby appointed to the position of Jr. Civil Engineer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED, that the annual salary for the position is $47,000 with an effective start date of April 26, 2006 and a probationary period of 52 (fifty-two) weeks. Mr. Bradbury reviewed Mr. Nowak's qualifications, noting that he has been working for the Village since July 5, 2005, and has been doing a great job. He was hired conditionally until he was able to take the test. He was one of the top individuals who took the test. Trustee Patricia Sanders-Romano noted that having worked with Mr. Nowak during her tenure on the Planning Board, she has found him to be very knowledgeable. Mr. Nowak thanked the Village for this opportunity. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders-Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) RATIFYING AN APPOINTMENT TO THE EMERGENCY MEDICAL SERVICES COMMITTEE Board of Trustees Meeting April 25,2006 Page 10 Mr. Bradbury read the following resolution: RESOLUTION RATIFYING AN APPOINTMENT TO THE EMERGENCY MEDICAL SERVICES COMMITTEE WHEREAS, the Inter-Municipal Agreement (IMA) between the Village of Rye Brook, the City of Rye and the Village of Port Chester for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, Michael Borrelli of 63 Doral Greens Drive West was last re- appointed for a three-year term that expires on June 30, 2006; and WHEREAS, the Port Chester-Rye-Rye Brook Volunteer Ambulance Corps, Inc. has advised our municipalities that Mr. Borrelli is an active member and he wishes to continue his service on the Committee, and WHEREAS, the Emergency Medical Services Director, by letter dated April 13, 2006 on behalf of the Ambulance Corps, has recommended that Michael Borrelli be reappointed as Community Representative from the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby ratifies the appointment of Michael Borrelli of 63 Doral Greens Drive West to the Emergency Medical Set-vices Committee for an additional three-year term to expire on June 30, 2009; and be it further RESOLVED, that a copy of this resolution be transmitted to the EMS Director for ratification by the City of Rye and the Village of Port Chester. Mayor Rand noted that Mr. Borrelli has been a very active member of the community for many years. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 25,2006 Page 11 Mayor Rand noted that Mr. Borrelli, Jr. has recently moved back into the community, and requested that he be appointed to this committee. In response to his request, the Village Board has appointed him to the Airport Advisory Committee. On a motion made by Trustee Rosenberg, and seconded by Trustee Michael Brown, the appointment of Mr. Borrelli, Jr. to the Airport Advisory Committee was approved. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) REJECTING BIDS FOR PROJECTS 06-04, STORAGE BUILDING AT GARIBALDI PARK Mr. Bradbury read the following resolution: RESOLUTION REJECTING BIDS FOR CONTRACT #06-04, STORAGE BUILDING AT GARIBALDI PARK WHEREAS, the Village of Rye Brook has solicited bids for Contract 06-04 "STORAGE BUILDING AT GARIBALDI PARK"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on March 24, 2006; and WHEREAS, at 10:00 a.m., Monday, April 10th, 2006, all bids received were opened as summarized below; and BIDDER BID AMOUNT BOND 1. ELQ Industries, Inc. $55,090. YES 2. Marquise Construction Corp. $134,800. YES 3. Piazza Brothers, Inc. $120,000. YES WHEREAS, the upon reviewing the bids, the Village Engineer has determined the amounts bids exceed funding available and value expected for this project; and Board of Trustees Meeting April 25,2006 Page 12 NOW, THEREFORE, BE IT HEREBY RESOLVED, that all bids for Contract 06-04 "STORAGE BUILDING AT GARIBALDI PARK" are hereby rejected and that no award is made for this project. Mr. Bradbury noted that this rejection meant that no award was being made. There was no discussion required for this matter. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was opened for discussion. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING PROVISIONS TO THE VILLAGE CODE REGARDING REFERENCES TO THE TREE AND BEAUTIFICATION COMMITTEE Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING PROVISIONS TO THE VILLAGE CODE REGARDING REFERENCES TO THE TREE AND BEAUTIFICATION COMMITTEE WHEREAS, the Village Attorney has prepared a proposed local law to remove the references in the Village Code to the Tree and Beautification Committee, as these responsibilities have either been eliminated or are now under the authority of the Advisory Council on Environmental Conservation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 9, 2006 on the proposed local law amending Chapters 215 and 235 of the Village Code regarding the Tree and Beautification Committee. Mayor Rand noted that the Village did not stop planting trees, granting permits, and the work in the area of beautification was not stopped. The Board of Trustee served Board of Trustees Meeting April 25,2006 Page 13 as the Tree Appeal Removal Board. Now authority was being transferred to the Advisory Council on Environmental Conservation. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders-Romano Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE S) GRANTING AMNESTY TO ALL PERSONS WHO FAILED TO ACQUIRE THE PROPER BUILDING PERMITS BEFORE CONSTRUCTION OR MODIFICATION OF A BUILDING OR OTHER STRUCTURE Mr. Bradbury read the following resolution: RESOLUTION GRANTING AMNESTY TO ALL PERSONS WHO FAILED TO ACQUIRE THE PROPER BUILDING PERMITS BEFORE CONSTRUCTION OR MODIFICATION OF A BUILDING OR OTHER STRUCTURE WHEREAS, a building permit is required to erect, enlarge or structurally alter any building or other structure in the Village of Rye Brook; and WHEREAS, there currently is an administrative fine assessed against persons engaged in or caused others to be engaged in such activities without obtaining the required building permit(s); and WHEREAS, the Board of Trustees has knowledge that property owners have failed to secure the required building permit(s) for such activities and wishes to encourage compliance with the building permit requirements by offering a suspension of the administrative fine for a limited time period; and WHEREAS, it is in the interest of Rye Brook property owners to contact the Building Department to determine if they needed building permits, or if there is an applicable Certificate of Occupancy for their property, as this information is for their own safety and may also be needed to transfer or refinance their property at a future date. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby authorizes the Building Inspector to grant amnesty from the administrative fine to any Board of Trustees Meeting April 25,2006 Page 14 person who applies for a building permit between May I and December 31, 2006, for construction work already commenced or completed, provided the applicant also obtains a certificate of occupancy for such construction work within six (6) months of the date on which the building permit(s) is issued; and be it further RESOLVED, that residents are urged to contact the Building Department to determine: (a) if they may have needed building permits for construction work; (b) if they have outstanding building permit(s) without a corresponding Certificates of Occupancy; and (c) if they have a Certificate of Occupancy for their property. Mayor Rand reviewed this matter for the members of the public. This resolution would grant amnesty to residents who were unaware that their homes did not have a Certificate of Occupancy for work that was previously done. This is an open window to obtain a Certificate of Occupancy and not be penalized. This matter came about in an effort to ensure that the work done to all homes is within the code. Trustee Feinstein noted that if work was done and it required a permit fee, that fee would still be required. What would be waived would be any penalty that would be assessed. There are safety issues that will be addressed with this program, and this is a way to encourage residents to come to the Village to have improvements made to their homes inspected and reviewed. Many residents are not aware that enlarging a window or changing a hot water heater requires a permit. Mr. Bradbury noted that the Village is making an effort to notify the residents of work done to a home that would require a permit. He also noted that many of these issues will be required to be reviewed by the Architectural Review Board. However, there can be wording added to waive the review by the Architectural Review Board, especially for smaller projects. The intention is to not burden the Village's Committees and Boards. Mr. Bradbury noted that the size of a project, and the type, must be defined in order to waive the review by the Architectural Review Board. Trustee Feinstein noted that the intent is not to make it difficult on the residents to obtain the Certificate of Occupancy. Edward Beane, Esq., Village Counsel, noted that this resolution can be amended. He felt that it may just be easier to have applicants go before the Architectural Review Board rather than amend the Village's Code. Mr. Bradbury suggested that the Board of Trustees consider waiving smaller projects from review of the Architectural Review Board. Trustee Feinstein also felt that a project such as windows that were replaced over 15 years ago should also be waived from the Architectural Review Board review. In addition, she suggested that the timeframe for amnesty be extended. Mayor Rand noted that no one can sell a house unless there is a Certificate of Occupancy. This is a resolution to a problematic issue, and one that is a safety issue as well. Mr. Bradbury noted that he would draft a local law for the Board's review. As a result of the discussion, the matter was tabled to the next meeting. Board of Trustees Meeting April 25,2006 Page 15 9) REFERRING TO THE PLANNING BOARD A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(G) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACKS IN THE R-20 DISTRICT Mr. Bradbury read the following resolution: RESOLUTION REFERRING TO THE PLANNING BOARD A PROPOSED LOCAL LAW AMENDING CHAPTER 250-19(g) OF THE VILLAGE CODE REGARDING FRONT YARD SETBACKS IN THE R-20 DISTRICT WHEREAS, a proposed local law has been prepared to clarify and reflect the intent of the March 2004 Large Lot Subdivision Study for front yard setbacks in the R-20 zoning district. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall refer the proposed local law amending Chapter 250 of the Village Code regarding minimum front yard setbacks in the R-20 district to the Planning Board for their review and comment. Mayor Rand noted that this was a referral to the Planning Board. He called for discussion. Trustee Feinstein noted that the proposal that was going to the Planning Board was very simple. She wanted to be sure that everyone was comfortable with the language. Mr. Bradbury noted that the local law that comes back to the Village may be worded differently. Trustee Rosenberg noted that he was anxious to see what the Planning Board does with this referral. He hoped that it would go hand-in-hand with the large lot subdivisions. There is a bit of disparity right now with the Village's Code. It was the hope of the Board of Trustees that this matter would be referred back to the Board of Trustees by the end of June. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was opened for discussion. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting April 25,2006 Page 16 10) SUPPORTING THE CONTINUATION OF FEDERAL FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM Mr. Bradbury read the following resolution: RESOLUTION SUPPORTING THE CONTINUATION OF FEDERAL FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WHEREAS, the Community Development Block Grant (CDBG) program was enacted as the centerpiece of the Housing and Community Development Act of 1974 with the primary objective to develop viable urban communities in partnership among the federal, state and local governments, business, and the nonprofit sector, "by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income;" and WHEREAS, CDBG funded activities must fall under three national objectives, the elimination of slums and blight; addressing urgent needs that pose an immediate threat to the health, safety, and public welfare of a community; and addressing the needs of low and moderate income persons with at least 70 percent of CDBG funding; and WHEREAS, under these guidelines, Westchester County uses CDBG funds to eliminate slums and blight; conserve and expand housing stock; conserve energy; preserve properties of historic value; reduce isolation of income groups within communities; revitalize deteriorating neighborhoods; improve the provision of community services; promote economic development; and encourage more rational use of land and natural resources; and WHEREAS, a 2001 report published by the Brookings Institution notes that suburban communities house much of the nation's working families and do not have the funding they need to manage older infrastructure, and the cost of rebuilding and depend heavily on residential taxes to fund basic services. Further, high-cost counties like Westchester have extreme gaps between rich and poor. Workers such as teachers, firefighters, hotel workers and other service personnel— the core people each community needs — can't find affordable housing. Neither can immigrants who are attracted to thriving areas where the jobs are; and WHEREAS, CDBG program funds have been used to help provide relief in disasters such as the Katrina, Rita and Wilma Hurricanes when Congress appropriated $11.5 billion in CDBG funds for the recovery of Louisiana, Mississippi, Alabama, and Texas. The $3.483 billion in CDBG funds appropriated to help New York City recover Board of Trustees Meeting April 25,2006 Page 17 from the September 11ffi tragedy continues to play a critical role in the City's restoration; and WHEREAS, the success of the CDBG program has been well documented as a stabilizing force in our cities, towns and villages and the need for funding has increased as our municipalities face rising federal and state costs and taxes and a shortage in housing stock considered "affordable," yet, since 2001, CDBG funding has declined steadily from $4.41 billion nationally to $3.71 billion and is threatened with a further reduction of 25 to 33 percent in the FY2007 budget; and WHEREAS, A national survey on the impact of prior reductions in CDBG funding reports a substantial negative effect on homeownership, local economy growth and the strength of the nation's infrastructure. It is alarming to contemplate the projections: fewer jobs retained and created; fewer households assisted with homebuyer assistance; fewer services for elderly persons, children and youth, persons with special needs and low-and-moderate-income persons; reductions in housing rehabilitation; canceled or delayed public improvements including street and sidewalk improvements, community and neighborhood centers and health and recreational facilities; now therefore be it RESOLVED, that the Village of Rye Brook joins such CDBG Coalition members as the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and many others, in strongly urging Congress to fund the CDBG program to at least the $4.5 billion level in the FY2007 budget; and be it further RESOLVED, that the Village of Rye Brook strongly urges that funding of CDBG not have a negative impact on other HUD programs that critically impact our communities. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Feinstein, the resolution was opened for discussion. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the judicial portion of the meeting, noting that three (3) requests were received by the Board of Trustees, who serve as the Board of Appeals. He called for a short presentation on this matter by each of the applicants. Board of Trustees Meeting April 25,2006 Page 18 MORATORIUM APPEALS 1) CONTINUATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR SITE PLAN APPLICATION AT 41 HILLANDALE ROAD The applicant for a Site Plan application at 41 Hillandale Road noted that he was at the previous meeting, and has now submitted additional information for review. He stated that he is a Rye Brook resident, and currently resides in Bellefair. This home was purchased with the intention of tearing it down, and re-constructed a new home in order to fit his family's needs. He asked the Board to consider the financial hardship caused to him by this Moratorium, as he was carrying two mortgages. Mayor Rand questioned the next step in the process for the applicant if the waiver was granted. Mr. Bradbury noted that there were two (2) approval bodies for this application. The applicant would also need to go before the Planning Board and the Architectural Review Board. Trustee Rosenberg noted that he has reviewed the plans and this will be a beautiful home. However, he was concerned that this was the type of application that the Moratorium intended to catch. The Task Force is in the process of reviewing tear down/rebuilds. This home will be torn down and replaced with a home that will be roughly three times the size of the original home. The Moratorium's intention is to allow for a time out in order to review this very type of application. Trustee Feinstein concurred with Trustee Rosenberg,reiterating that is exactly the type of application that the Moratorium is attempting to give the Village an opportunity to review. It has been noted that the new home will be at least two times the size of the original home. Trustee Feinstein also pointed out that there were still open items in connection with this application. Trustee Sanders-Romano also agreed with her fellow Board members in that this was the type of application that the Moratorium was meant to capture. She felt that there were too many open issues to consider granting a waiver, and suggested that the applicant and the Board take a breather. The applicant stated that he began the process in 2005. He asked the Board to consider that he is enduring a financial hardship, reiterating that has he been carrying two mortgages since the start of the process. Mayor Rand noted that he had a slightly different point of view, and he has discussed this with the Board. He felt that if the applicant was granted a waiver, the application could be conditioned on future changes to the Village's Code. The Moratorium has been capped to six (6) months. The Task Force is in the process of its review. If this applicant was granted the waiver, he would need to go before the Planning Board, which he would not be ready for until the end of next month. Board of Trustees Meeting April 25,2006 Page 19 Trustee Rosenberg noted that the Planning Board is willing to work with applicants, but this application has the characteristics that are looking to be changed in the Village's Code. He suggested that this matter be tabled and the Task Force be given the opportunity to complete its review. The ninety-day review would bring this matter to the end of June, when the applicant could potentially go before the Planning Board. The Moratorium will last 180 days. Edward Beane, Esq., agreed that this matter should be tabled until the Task Force had the opportunity to put together the amendments to the Village's Code. If a waiver is granted—it cannot be a complete waiver. No waiver means that no work is started for another four (4) or five (5) months, which is a financial hardship for the applicant. However, granting the waiver defeats the purpose of the Moratorium. He suggested that the applicant continue working with the Building Department in order to ensure that everything was in place for the Planning Board's review. 2) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR SITE PLAN APPLICATION AT 22 BEECHWOOD BOULEVARD Mr. Christopher Numme, applicant, addressed the Board. He noted that he purchased the home for the property, with the intention of re-building the existing home. John Scarlatto, Jr., Architect, was retained and is designing the new home. They have worked together for eight (8) months. The new home will fit on the property. He pointed out that at this time his family is renting a home. It was noted that this application has not yet been before any other Board. Granting a waiver meant that this application could move forward and would be heard by the Planning Board and the Architectural Review Board under the current law. If changes are made to the law, then this could change. After a brief discussion, the applicant was asked to accept an adjournment until the 23rd of May. In the meantime, this project should be reviewed by the Building Department. This matter was adjourned to May 23, 2006. 3) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 20 WOODLAND DRIVE Melanie Volker, Landscape Architect, addressed the Board as the representative for the applicant. She noted that she has been working on this project for almost a year. This matter has been before the Planning Board. The applicant is for the installation of an in-ground swimming pool and sports court. The property is approximately 1-1/2 acres in size. It is, however, an odd shaped lot. The applicant is the owner of the property, and the application has been in the process since 2005. The only issue is construction Board of Trustees Meeting April 25,2006 Page 20 within the wetland buffer. Although the applicant is adding impervious surface, to mitigate they are also adding additional planting. As a result, the wetlands on the property will be improved. The application was reviewed by the Planning Board, they were prepared to grant approval and make their recommendation to the Board of Trustees, and then the Moratorium went into effect. For the process to continue, the waiver must be granted. Trustee Sanders-Romano felt that this application is a good example of how the process works. Trustee Feinstein noted that this matter has been before the Planning Board for approximately one year. The issue of this application is the impervious surface in the wetland buffer. This matter had reached the point that it was ready to be voted upon by the Planning Board, and then the Moratorium went into effect. Trustee Rosenberg noted that this applicant has done a large amount of wetland mitigation, and has made a great effort to work with the Village. The Planning Board had concluded the public hearing, and it was prepared to vote on the matter when the Moratorium went into effect. Trustee Brown noted that this matter was different than the prior two matters before this evening. This matter was before Board of Trustees for more of a procedural reason. A motion was made by Trustee Rosenberg, and seconded by Trustee Sanders-Romano, to grant the waiver. TRUSTEE BROWN VOTING NAY TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Rich Manor Park project is moving forward. The plantings have been completed. The King Street ball field project is moving forward. Some of the plantings have arrived, and some have been installed. Many more plantings will be delivered and installed. It was noted that Friday, April 28, 2006 will be the Arbor Day Ceremony will be held at 9:15 a.m. in the front of the Firehouse. Everyone was welcome to attend the ceremony. Board of Trustees Meeting April 25,2006 Page 21 Mr. Bradbury noted that the Traffic Commission was following up on the review to alternate side of the street parking in the Dixon Street area. Information on this review is on the Village's website for any resident who wishes to be informed on this matter. Starting Monday, April 24, 2006, the water mains are being cleaned. The information and timeframes are listed on the Village's website. Although the water is safe to drink, it was suggested that residents check the color before they throw a load of clothes into the washer as the water may be brown. The entire process of flushing out the mains within the Village will take three (3) weeks. The fire hydrants are tested at the same time. The Long Island Shed Municipal Counsel has been working with the Village. This project began a few years ago, and the $100,000 grant is now n place. The Village's contribution has been reduced. This is a positive for the community. Mayor Rand noted that Sunday morning during the storm a large tree fell over on King Street and snapped two (2) power lines. The police reacted immediately. They cordoned off the area within minutes. The Greenwich Police Department was notified. The tree was cut down, the power was restored by 6:00 p.m. in the evening. He thanked everyone for all of their hard work. Trustee Feinstein noted that the Port Chester School District has appointed Dr. Carlisle as the new superintendent of schools. Dr. Charles Colletti, who has been with the Port Chester School District for 38 years, is retiring at the end of this school year. Trustee Feinstein noted that last evening at the Blind Brook High School an Internet safety forum was held. It was well attended by the community, and well received. Mayor Rand called for comments from members of the public wishing to address the Board. There being none, he called for a motion to adjourn the meeting. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the meeting was adjourned at 9:10 p.m. Board of Trustees Meeting April 25,2006 Page 22