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HomeMy WebLinkAbout2006-05-09 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 9, 2006-7:30 P.M AGENDA EXECUTIVE SESSION: 7:00 p.m. - Legal & Personnel Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARING: 1) Proposed local law amending provisions to the Village Code regarding references to the Tree and Beautification Committee. RESOLUTIONS: 1) Considering a proposed local law amending provisions to the Village Code regarding references to the Tree and Beautification Committee. 2) Authorization of funds for the 2006 Independence Day Celebration to be paid to the Port Chester-Rye Brook-Town of Rye Independence Day Observance Committee. 3) Setting a public hearing on a proposed local law amending Chapter 20-20(A) of the Village Code to prohibit all-night, alternate side of the street parking on Maywood Avenue. 4) Setting a public hearing on a proposed local law amending Chapter 20-20(E) of the Village Code modifying the alternate side of the street parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street. 5) Entering into a revocable permit agreement with SUNY Purchase for the use of certain facilities by the Village Recreation Department. Board of Trustees May 9,2006 Page 1 6) Authorizing the re-appointment of labor counsel and change of law firms. MORATORIUM APPEALS: 1) Consideration of an appeal of the 2006 Interim Development Law for a Site Plan application at 18 Woodland Drive. 2) Consideration of an appeal of the 2006 Interim Development Law for a modified Site Plan application at 2 Edgewood Drive. ADMINISTRATOR'S REPORT OLD BUSINESS: 1) Discussion of an amnesty program for work performed without a building permit. NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING PRESENT: BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders-Romano Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Chief Theodore Sabato, Police Chief Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees May 9,2006 Page 2 CONVENE The meeting was called to order at 7:30 p.m. beginning with the Pledge of Allegiance led by Mayor Gerald Logan, Mayor of the Village of Port Chester. Mayor Lawrence Rand took a moment to welcome everyone to the Village of Rye Brook Regular Board of Trustees meeting of Tuesday, May 9, 2006. Prior to turning to the agenda, Mayor Rand noted that it was his honor to present a Proclamation for outstanding efforts to bring education to the children of the Blind Brook School District. Dr. Ronald Valenti, Superintendent of Schools; Lawrence Engle, president of the Board of Education; and Anthony Baxter, Principal of Blind Brook High School accepted the Proclamation on behalf of the District. It was noted that Blind Brook High School has been listed in the top 100 public schools in the United States. Mayor Rand returned to the agenda and, with the consensus of the Board, took item #2 out of order. RESOLUTION: 2) AUTHORIZATION OF FUNDS FOR THE 2006 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOK- TOWN OF RYE INDEPENDENCE DAY OBSERVATION COMMITTEE Mr. Bradbury read the following resolutions: AUTHORIZATION OF FUNDS FOR THE 2006 INDEPENDENCE DAY CELEBRATION TO BE PAID TO THE PORT CHESTER-RYE BROOK-TOWN OF RYE INDEPENDENCE DAY COMMITTEE WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2006 Independence Day Celebration; and WHEREAS, the Village of Rye Brook Village Board would like to continue to assist the Independence Day Committee with this event. BE IT RESOLVED, that the Village of Rye Brook will pay three thousand dollars ($3,000.00) to the Port Chester-Rye Brook-Town of Rye Independence Day Committee for its 2006 Independence Day Celebration. Board of Trustees May 9,2006 Page 3 Trustee Paul Rosenberg noted that at last year's celebration the entertainment portion of the evening caused many people a lot of concern. Unexpectedly, it turned out to be politically incorrect, and many Rye Brook residents expressed displeasure over the events. It is felt that invocation and benedictions are not appropriate. Trustee Rosenberg asked for assurances that there would not be a replay of that again this year. Mrs. Nancy Logan, Chairman of Independence Day Observance Committee, addressed the Board. She noted that the entertainment, a group that had previously performed at a 4th of July celebration without any incident, surprised everyone by the dissertation. All letters that were received from residents in connection with this matter were responded to. This year the only entertainment planned is a husband/wife team singing, and Hope Albrect Klein who will be singing a musical from Broadway. Mrs. Logan apologized for last year's performance, and assured the Board that there would not be a repeat of last year's incident. Mayor Rand noted that this is a very special event and that everyone is invited. He hoped that the residents of Rye Brook would come out and enjoy the festivities. Ken Heller of Lincoln Avenue addressed the Board. He noted that he had been a member of the 4th of July Committee for many years. He pointed out that over the years every religion had been present for leadership and has given the benediction at one time or another. It became part of the ceremony. The 4th of July represents the founding of the United States and normally the benediction does not cause a commotion. He felt that it would be improper to remove the benediction. It has nothing to do with integrating the United States, and it is wrong to remove this portion of the celebration. He also noted that Rye Brook has donated funds to this event for many years, but not many residents of Rye Brook attend the festivities. He hoped that many more residents would join in the festivities this year, and that residents would consider appointments to this Committee. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Patricia 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 Board of Trustees May 9,2006 Page 4 Mayor Rand moved to the first item on the agenda, and called for the public hearing: 1) PROPOSED LOCAL LAW AMENDING PROVISIONS TO THE VILLAGE CODE REGARDING REFERENCES TO THE TREE AND BEAUTIFICATION COMMITTEE Mr. Christopher Bradbury, Village Administrator, noted that the local law being proposed would remove the responsibilities of the Tree and Beautification Committee and transfer them to the Advisory Council on Environmental Conservation. Mayor Rand declared the public hearing open. He noted that this amendment was a matter of cleaning up the Village's Code. He called for comments from the Board and members of the public. There being none, he called for a motion to close the public hearing. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Paul Rosenberg, the public hearing was closed. 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 resolution on this matter. RESOLUTION: 1) CONSIDERING A PROPOSED LOCAL LAW AMENDING PROVISIONS TO THE VILLAGE CODE REGARDING REFERENCES TO THE TREE AND BEAUTIFICATION COMMITTEE. Mr. Bradbury read the following resolution: Board of Trustees May 9,2006 Page 5 CONSIDERING 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; and WHEREAS, a public hearing was held on May 9, 2006 on this proposed local law, and this public hearing was subsequently closed. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves this local law amending Chapters 215 and 235 of the Village Code regarding the Tree and Beautification Committee. On a motion made by Trustee Rosenberg, 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 2) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 20-20(A) OF THE VILLAGE CODE TO PROHIBIT ALL-NIGHT, ALTERNATE SIDE OF THE STREET PARKING ON MAYWOOD AVENUE Mr. Bradbury read the resolution. Board of Trustees May 9,2006 Page 6 RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW AMENDING CHAPTER 240-20(A) OF THE VILLAGE CODE TO PROHIBIT ALL NIGHT, ALTERNATE SIDE OF THE STREET PARKING ON MAYWOOD AVENUE WHEREAS, the Traffic Commission and Village Engineer have recommended that the current all-night, alternate side of the street parking on Maywood Avenue be rescinded, and the Village Attorney has drafted a proposed local law to consider this amendment to the Village Code. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 13, 2006 on the proposed local law amending Chapter 240-20(A) of the Village Code to prohibit all-night, alternate side of the street parking on Maywood Avenue. Trustee Feinstein noted that, as with all public hearings, there would be public notification regarding this hearing. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Michael Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 4) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 20-20(E) OF THE VILLAGE CODE MODIFYING THE ALTERNATE SIDE OF THE STREET PARKING ON HIGHVIEW AVENUE, WESTVIEW AVENUE, ROANOKE AVENUE, AND PART OF DIXON STREET. Board of Trustees May 9,2006 Page 7 RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW AMENDING CHAPTER 240-20(E) OF THE VILLAGE CODE MODIFYING THE ALTERNATE SIDE OF THE STREET PARKING ON HIGHVIEW AVENUE,WESTVIEW AVENUE, ROANOKE AVENUE,AND PART OF DIXON STREET WHEREAS, at the request of the Village Board and following concerns of residents, the Traffic Commission has re-evaluated and made recommendations to modify the Village Code regarding the current alternate side of the street parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street, and the Village has drafted a proposed local law to consider these amendments to the Village Code. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 13, 2006 on the proposed local law amending Chapter 240-20(E) of the Village Code regarding alternate side of the street parking on Highview Avenue, Westview Avenue, Roanoke Avenue, and part of Dixon Street. Mr. Bradbury noted that there were two areas of concern for the residents. The first issue was the number of times that cars must be moved during the week. The second issue was the movement of the cars on the weekend. He asked the Board reconsider a schedule of Thursday to Monday and Monday to Thursday. He noted that the local law must be modified prior to the public hearing so that the resolution can be voted upon. Mayor Rand noted that the changes to the Village's Code are a work in progress. The Traffic Commission has reviewed this area, and will continue to review it after the amendments have been made. Mr. Bradbury noted that the information on this matter was on the Village's website for all residents to review. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Rosenberg, the resolution was adopted. Board of Trustees May 9,2006 Page 8 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT. RESOLUTION ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter "Purchase College") from July 3, 2006 to August 11, 2006; and WHEREAS, Purchase College will grant the Village of Rye Brook Recreation Department a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms. In exchange for a fee of Five Thousand Seven Hundred Sixty Dollars and Zero Cents ($5,760.00), which is based on a rental fee of One Hundred Twenty Dollars and Zero Cents ($120.00)per hour. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign all necessary documents to implement the Revocable Permit Agreement. Board of Trustees May 9,2006 Page 9 Mr. Bradbury noted that a similar agreement is entered into every year. 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 6) AUTHORIZING THE RE-APPOINTMENT OF LABOR COUNSEL AND CHANGE OF LAW FIRMS. RESOLUTION AUTHORIZING RE-APPOINTMENT OF LABOR COUNSEL AND CHANGE OF LAW FIRMS WHEREAS, as the April 11, 2006 meeting of the Village Board, Craig R. Benson, Esq., was re-appointed with Grotta, Glassman & Hoffman, P.C.; and WHEREAS, Craig R. Benson, Esq., has notified the Village of Rye Brook, by letter dated April 26, 2006, that he is withdrawing from the firm of Grotta, Glassman & Hoffman, P.C., and joining the law firm of Littler, Mendelson, P.C., located at 885 Third Avenue, New York, New York 10022; and WHEREAS, the Village of Rye Brook desires to have Craig R. Benson, Esq. continue to represent the Village on labor counsel matters when he joins the firm of Littler, Mendelson, P.C. at a date no later than July 1, 2006, and at the same rates as previously authorized by the Village. NOW, THEREFORE, BE IT RESOLVED, that Craig R. Benson, Esq. is hereby re-appointed and retained as labor counsel for the Village of Rye Brook for the next ensuing official year; and BE IT FURTHER RESOLVED, that the Mayor and the Village Administrator are hereby authorized to sign any documents necessary and Board of Trustees May 9,2006 Page 10 appropriate as a result of Craig Benson, Esq.'s change in law firms from Grotta, Glassman & Hoffman, P.C. to Littler, Mendelson, P.C. On a motion made by Trustee Romano-Sanders, 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 Mayor Rand noted that an additional resolution, not on the agenda, would be addressed by the Board of Trustees. 7) AUTHORIZING THE SUBMISSION OF AN AMENDED NYS HOME RULE REQUEST TO THE ASSEMBLY TO MODIFY THE TERMS OF THE VILLAGE MAYOR AND BOARD OF TRUSTEES RESOLUTION AUTHORIZING THE SUBMISSION OF AN AMENDED NYS HOME RULE REQUEST TO THE ASSEMBLY TO MODIFY THE TERMS OF THE VILLAGE MAYOR AND BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook desires to extend the terms for the offices of the Mayor and Board of Trustees from two (2) years to three (3) years, and supports the submission of NYS legislation to accomplish this goal; and WHEREAS, NYS Senator Suzi Oppenheimer has sponsored this NYS legislation to the Senate with bill number S.6638; and WHEREAS, NYS Assemblyman George Latimer has sponsored this NYS legislation to the Assembly with bill A09716, which was subsequently amended as A09716A; and WHEREAS, this amended legislation requires the passage of a Home Rule Request to the NYS Assembly by the Village of Rye Brook. Board of Trustees May 9,2006 Page 11 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the submission of a Home Rule Request to NYS Assembly for amended bill number A09716A, that would authorize and empower the Village of Rye Brook to modify the Village Mayor and Board of Trustees' terms from two (2) years to three (3) years; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are authorized to submit the Home Rule Request and execute and deliver all necessary documents to NYS. Mayor Rand noted that this matter has been discussed at prior Board of Trustee meetings. On a motion made by Trustee Feinstein, and seconded by Trustee 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 MORATORIUM APPEALS: 1) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 18 WOODLAND DRIVE. The applicant for 18 Woodland Drive addressed the Board. This matter has placed the applicant in a financial bind. The applicant's understanding was that if the plans were approved by the Planning Board then the matter could move forward and not be subject to the Moratorium. The applicant's hope by appearing before the Board of Trustees was that the costs associated with putting a full package together could be avoided if no waiver was received. If the basic plans were within the Village's guidelines, and if the Board recognized a financial hardship of Board of Trustees May 9,2006 Page 12 approximately $8700.00 per month for the applicant as a result of the delay, then the architect would complete the plans. The applicant respectfully requested that the Board vote on this matter. Trustee Feinstein noted that without the plans the application cannot be deemed complete. Although she understood the applicant's dilemma, she did not feel it was appropriate to proceed. Waivers are granted upon criteria in the Village's Ordinance, but an incomplete application cannot be reviewed. Edward Beane, Esq., Village Counsel, noted that the Board does not have authorization to grant a waiver for an incomplete application. Trustee Rosenberg noted that he sensed the applicant's frustration. He stated that after reviewing this application he felt that it was not the type of application meant to be caught in the safety net created by the Moratorium. The Task Force assigned to review this matter is in the process of putting together a report. Having the applicant continue with the basic work would move the application forward. Trustee Sanders-Romano felt that the matter should be deferred for a meeting or two and that the applicant should continue working with the Building Department. The applicant thanked the Board for its time. 2) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A MODIFIED SITE PLAN APPLICATION AT 2 EDGEWOOD DRIVE. Mr. Chris Pagani, the owner and builder of the property located at 2 Edgewood Drive, address the Board. He noted that he was also before the Board requesting a waiver. The structure on the site has been deemed as unsafe. The problems began in September when the applicant ran into some structural problems on the building. The project was stopped. If the waiver is granted the applicant would need to go before the Planning Board for a second time. The applicant has already received approval from the Architectural Review Board, and would not need to appear before the Zoning Board of Appeals. It was noted that the construction was progressing — the original structure had been torn down and new construction was at the first floor level — when a problem was discovered. The issue is an interior planning issue and the site plan does not change. Board of Trustees May 9,2006 Page 13 It was noted that there was a height issue in connection with the basement of the new construction. The Board felt that this matter should be reviewed by the Village's Building Inspector utilizing the Village's Code in regard to habitable living space. The applicant noted that he has discussed this matter with Mr. Izzo before the first floor was ripped out to address the structural issues. Mayor Rand called for a motion on this matter. A motion to grant the waiver was made by Trustee Feinstein, and seconded by Trustee Sanders-Romano. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING NAY MAYOR RAND VOTING NAY The Board discussed public notification for this matter. A motion to waive the notification requirements provided that notice is given to any resident whose property fronts Beechwood Circle made by Trustee Feinstein, and seconded by Trustee Sanders-Romano. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE The applicant thanked the Board, Mr. Bradbury, and Village Staff for their time and consideration. ADMINISTRATOR'S REPORT Mr. Bradbury reviewed the progress of the ball field project. He noted that the landscaping was in process and that the project as a whole was moving along nicely. Everything is right on schedule. It was noted that the Rich Manor Park project was also moving along very well. The ground markers have been placed on the property line, flush to the ground. Board of Trustees May 9,2006 Page 14 Edward Beane, Esq., noted that the Garden Inn application has been before the Planning Board. There is a comment period and everyone preferred to have the comments now. He noted that he would be following up with the applicant. OLD BUSINESS: 1) DISCUSSION OF AN AMNESTY PROGRAM FOR WORK PERFORMED WITHOUT A BUILDING PERMIT. Mr. Bradbury noted that the Village Board has discussed an Amnesty Program for the past several months. The intent is to have residents make applications for work done to their homes for which they were unaware that a building permit was required. Many residents don't find out that they do not have a Certificate of Occupancy for work done on their property until it is time to sell or re-finance. The intent behind this program is to have all work that has been done over the years inspected and approved. The incentive is no penalty, which amounts to approximately $900.00. If there was an application fee, that will still be required. This issue was brought up as a matter of safety. The Board and Village Staff have reviewed this matter so as not to make it cumbersome on the applicant and on the Village Boards, especially the Architectural Review Board. The Amnesty Program will cover one and two family homes — not commercial properties, and will be a benefit for the residents. The Village has been attempting to educate its residents on alterations that require a building permit. This Amnesty Program will also serve as a way of educating residents. The Village is not condoning non-compliance with the Village's Code, but rather it is now attempting to ensure the safety of its residents. This program also covers projects for which a building permit was pulled, but no Certificate of Occupancy was awarded. Trustee Feinstein noted that all application fees are being increased. Coming forward now saves additional fees that will be incurred later, which should also serve as an additional incentive. Trustee Sanders-Romano suggested that projects that require a building permit, how to find out if a homeowner has a Certificate of Occupancy, etc., be placed on the Village's website. Board of Trustees May 9,2006 Page 15 Mayor Rand noted that the next Trustees Meetings were scheduled for May 23, 2006 and June 13, 2006. Mayor Rand called for a motion to go into Executive Session for litigation. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders-Romano, the meeting was adjourned and the Board went into Executive Session. Board of Trustees May 9,2006 Page 16