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HomeMy WebLinkAbout2006-06-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JUNE 27, 2006-7:30 P.M 7:00p.m. Executive Session-Legal& Personnel Matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: 1) County Legislator Report on Airport Activities and Sewer District Consolidation. PUBLIC HEARINGS: 1) Amended site plan application for modifications including parking,pedestrian access, sidewalks, fagades and landscaping, as well as change in use from medical offices to retail for up to 33,000 sf, at the Rye Ridge Shopping Center, Win Ridge Realty, LLC. RESOLUTIONS: 1) Considering the site plan application for modifications including parking,pedestrian access, sidewalks, facades and landscaping, as well as change in use from medical offices to retail for up to 33,000 sf, at the Rye Ridge Shopping Center, Win Ridge Realty, LLC. 2) Referring an application for approval of an amended site plan for the Doral Arrowwood Conference Center, Section 129.26, Block 1, Lot 47 and Section 129.34, Block 1, Lot 42 to the Planning Board of the Village of Rye Brook. 3) Setting a public hearing for a local law creating Chapter 217, Stormwater Management, and amending Chapters 118, 121, 209 and 219 of the Village Code. 4) Approving the Village's contribution to the Columbus Day Parade Committee and use of Hawthorne Avenue for the annual parade. 5) Accepting a workers compensation policy for the Village of Rye Brook. Board of Trustees Meeting June 13,2006 Page 1 6) Approval of Minutes: March 8, 2005, September 27, 2005, February 28, 2006, March 14, 2006, March 28, 2006, April 11, 2006, April 25, 2006, May 9, 2006, June 13, 2006, June 20, 2006 (Special Meeting). MORATORIUM APPEALS: 1) Consideration of an appeal of the 2006 Interim Development Law for a Site Plan application at 41 Hillandale Road. 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 TRUSTEES MEETINGS July 11 and July 25, 2006 PRESENT: BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Marilyn Timpone-Mohamed, Village Consultant CONVENE Mayor Rand called the meeting to order at 7:30 p.m.,beginning with the Pledge of Allegiance. Board of Trustees Meeting June 13,2006 Page 2 Mayor Rand began with presenting a proclamation to Dr. Charles Colletti, of the Rye Union Free School District, and congratulated him on his retirement. Dr. Colletti thank the Mayor, Board, village staff and the public. Mayor Rand called for the first report on the agenda. REPORT: 1) COUNTY LEGISLATOR REPORT ON AIRPORT ACTIVITIES AND SEWER DISTRICT CONSOLIDATION. County Legislator Marty Rogowsky addressed the members of the Board and the public. He first addressed the issue regarding the sewer district consolidation. Mr. Rogowsky stated that he is proposing to consolidate sewer district in order to lower taxes in the Village Port Chester. This would result in an eight percent (8%) increase in sewer taxes for the Village of Rye Brook. The final vote in committee did not pass by a vote of six (6) to five (5), however he is reintroducing the bill tomorrow. Regarding the airport activities, he stated that there are two Environmental Impact Statements (EIS) to address. The first one is a proposal for a de-icing site. The other is an environmental buffer. The County is seeking to increase the size of the passenger terminal, moving the wall out an additional four thousand(4,000) square feet. Additional concerns, which will be addressed in the EIS, are security issues. The DEIS will be submitted in November and the EIS will be submitted in March. There is concern about having planes lined up and parked all around the airport. They are proposing to have all planes park in the middle of the airport in order to provide better security for these planes. Most of the funding for this project will be federal funding, there will be no County funds allocated for this project. The other EIS that County Legislator Marty Rogowsky addressed relates to the FAA, and changing the flight patterns around the airport. However, the EIS will not focus on noise. The EIS will address safety concerns. According to initial data, there will be relatively no impact on the Village of Rye Brook. Mayor Rand called for the first public hearing on the agenda. 1) AMENDED SITE PLAN APPLICATION FOR MODIFICATIONS INCLUDING PARKING, PEDESTRIAN ACCESS, SIDEWALKS, FA4 'ADES AND LANDSCAPING, AS WELL AS CHANGE IN USE FROM MEDICAL OFFICES TO RETAIL FOR UP TO 33,000 SF, AT THE RYE RIDGE SHOPPING CENTER, WIN RIDGE REALTY, LLC. Board of Trustees Meeting June 13,2006 Page 3 The applicant, represented by Steven Silverberg, of Silverberg Zalantis L.L.P., addressed the Board and public. Mr. Silverberg stated that the Planning Board heard this application, and has gained a favorable recommendation. When this application was originally referred to the Planning Board, the initial application was a change of 6,000 square feet with the possibility of increasing that square footage later on. There were tenants that had expressed interest in moving into the facility right away, which is why the 6,000 square feet was initially chosen. After the Planning Board's initial review, it was recommended that the applicant chose a specific area of conversion so that the applicant does not have to keep coming back to the Board of Trustees every time they wish to change the site. Trustee Feinstein stated that she would motion to table the resolution due to the fact that the Planning Board only addressed the area of 6,000 square feet and not the 33,000 square feet. This needs to go back to the Planning Board for further review. In addition, there is no specific overall plan for this space, which would be in conflict with the current Village Code. Trustee Brown made a motion to close the public hearing. There was no second to this motion, therefore this public hearing remains open. A motion was by Trustee Feinstein to adjourn this public hearing until July 25, 2006. This motion was seconded by Trustee Rosenberg. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING NAY Mayor Rand called for the second resolution on the agenda. RESOLUTIONS: 2) REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE DORAL ARROWWOOD CONFERENCE CENTER, SECTION 129.26, BLOCK 1, LOT 47 AND SECTION 129.34, BLOCK 1, LOT 42 TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK. Mr. Bradbury read the resolution. RESOLUTION REFERRING AN APPLICATION FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE DORAL ARROWWOOD CONFERENCE CENTER, SECTION 129.26, Board of Trustees Meeting June 13,2006 Page 4 BLOCK 1, LOT 47 AND SECTION 129.34, BLOCK 1, LOT 42 TO THE PLANNING BOARD OF THE VILLAGE OF RYE BROOK WHEREAS, on June 7, 2006, Doral Conference Center Associates submitted an application to amend the approved site plan for the Doral Arrowwood Conference Center located on Anderson Hill Road west of King Street in Section 129.26, Block 1, Lot 47 and Section 129.34, Block 1, Lot 42 of the PUD Zoning District and the Anderson Hill Scenic Roads Overlay District proposing to add three tennis courts, enlarge an existing air-supported structure and relocate certain parking spaces south of the conference center building. 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 Short 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, the Town of Greenwich, CT and the Town/Village of Harrison; and BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification. BE IT FURTHER RESOLVED, that the applicant shall deposit the sum of$5,000 into the Village's professional fees/environmental review fund, and such additional sums as may be requested, to defray the costs of review of this application 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 ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the third resolution on the agenda. RESOLUTIONS: Board of Trustees Meeting June 13,2006 Page 5 3) SETTING A PUBLIC HEARING FOR A LOCAL LAW CREATING CHAPTER 217, STORMWATER MANAGEMENT, AND AMENDING CHAPTERS 118, 121, 209 AND 219 OF THE VILLAGE CODE. Mr. Bradbury read the resolution. RESOLUTION SETTING A PUBLIC HEARING FOR A LOCAL LAW CREATING CHAPTER 217, STORMWATER MANAGEMENT, AND AMENDING CHAPTERS 118, 121, 209 AND 219 OF THE VILLAGE CODE WHEREAS, the Board of Trustees is considering a local law to create Chapter 217, Stormwater Management and amend Chapters 118, 121, 209 and 219, of the Code of the Village of Rye Brook regarding stormwater control; and WHEREAS, the proposed local law draft is attached to this resolution. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, the Board of Trustees of the Village of Rye Brook hereby declares itself Lead Agency for review of the proposed local law and determines that adoption of the proposed local law would be a"Unlisted"Action; and BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on July 25, 2006 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the proposed local law creating Chapter 217, Stormwater Management of the Village Code. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the third resolution on the agenda. RESOLUTIONS: 4) APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY PARADE COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE. Board of Trustees Meeting June 13,2006 Page 6 Mr. Bradbury read the resolution. RESOLUTION APPROVING THE VILLAGE'S CONTRIBUTION TO THE COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE AVENUE FOR THE ANNUAL PARADE WHEREAS, the Village of Rye Brook Board of Trustees supports the annual Columbus Day Parade sponsored by the Columbus Day Parade Committee. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby requests that 5750.00 be provided to the Columbus Day Parade Committee for its annual Columbus Day Parade; and it is FURTHER RESOLVED, that the Columbus Day Parade Committee may use Hawthorne Avenue on Sunday, October 8, 2006 (rain date October 15, 2006) for the Columbus Day Parade 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 FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the fifth resolution on the agenda. RESOLUTIONS: 5) ACCEPTING A WORKERS COMPENSATION POLICY FOR THE VILLAGE OF RYE BROOK. RESOLUTION ACCEPTING A WORKERS COMPENSATION POLICY FOR THE VILLAGE OF RYE BROOK Board of Trustees Meeting June 13,2006 Page 7 WHEREAS, the Authorized Representative of the Village of Rye Brook desires to secure the Village of Rye Brook's obligation to provide volunteer firefighters' benefit law, volunteer ambulance workers' benefit law and workers' compensation benefits, as applicable, through participation in a group self-insurance program of which the Village of Rye Brook will be a member. NOW THEREFORE BE IT RESOLVED, that the Authorized Representative of the Village of Rye Brook, duly convened in regular session, does hereby resolve,pursuant to, and in accordance with the provisions of Section 50 of the New York State Workers Compensation Law and other applicable provisions of law and regulations thereunder; as follows: Section 1. The Authorized Representative (hereinafter"Representative") of the Village of Rye Brook does hereby resolved to secure the Village of Rye Brook's obligation to provide volunteer firefighters' benefits law, volunteer ambulance workers' benefit law and workers' compensation benefits, as applicable, through participation in a group self-insurance plan which the Village of Rye Brook will become a member; and Section 2. The Representative of the Village of Rye Brook does hereby resolve to become a member of Public Employer Risk Management Association, Inc., a workers' compensation group self-insurance program for local governments and other public employers and instrumentalities of the State of New York; and Section 3. In order to effect the Village of Rye Brook's membership in said group self-insurance program, the authorized officer of the Village of Rye Brook is hereby authorized to execute and enter into the Public Employer Risk Management Association Workers' Compensation Program Agreement, annexed hereto as Exhibit A, on behalf of the Village of Rye Brook. Section 4. This resolution shall take effect immediately upon the plan year beginning July 1, 2006. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the sixth item on the agenda. RESOLUTIONS: Board of Trustees Meeting June 13,2006 Page 8 6) APPROVAL OF MINUTES: MARCH 8, 2005, SEPTEMBER 27, 2005, FEBRUARY 28, 2006, MARCH 14, 2006, MARCH 28, 2006, APRIL 11, 2006, APRIL 25, 2006, MAY 9, 2006, JUNE 13, 2006, JUNE 20, 2006 (SPECIAL MEETING). Members of the Board asked to have this item tabled until the next meeting. On a motion by Trustee Rosenberg, and seconded by Trustee Feinstein, this item was tabled. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the next item on the agenda. MORATORIUM APPEALS: 1) CONSIDERATION OF AN APPEAL OF THE 2006 INTERIM DEVELOPMENT LAW FOR A SITE PLAN APPLICATION AT 41 HILLANDALE ROAD. The applicant, Joe Mishito of 41 Hillandale Road, addressed the Board and public. He stated that he has submitted revised the site plan application, the exterior plan application, and the Topography Plan, in accordance with the Byram Ridge Task Force recommendations. This is in anticipation of the adoption of the Task Force recommendations, therefore it will/would be in compliance with it. These revisions have been submitted to the Village Engineer prior to this meeting. On a motion made by Trustee Feinstein and seconded by Trustee Rosenberg, the appeal was granted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE SANDERS ROMANO ABSENT TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury addressed the Board. The Town of Rye meetings are now being shown on the cable access channel. Regarding the King Street Athletic Field, the turf company is on site and will begin the process of laying the turf down on the field. The Rich Manor Park project is also Board of Trustees Meeting June 13,2006 Page 9 near completion, the temporary fence will be removed near the end of next week. The County is finishing their work and will be maintaining the area for a two (2) year period. The Recreation Department has scheduled the movie night in Pine Ridge Park on July 28, 2006. This was completely funded through donations. Mr. Bradbury also thanked Robert Bertoolacci, all staff from the Recreation Department, and all of the volunteers that worked the Rye Brook Birthday Party. Mayor Rand noted that the next Board of Trustees meetings were scheduled for July 11, 2006 and July 25, 2006. There being no further business before the Board, the meeting was adjourned at 10:32 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting June 13,2006 Page 10