Loading...
HomeMy WebLinkAbout2006-07-25 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 25, 2006-7:30 P.M AGENDA 7:00 p.m. Executive Session- Legal & Personnel Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Public hearing on a proposed local law creating Chapter 217, Stormwater Management, and amending Chapters 118, 121, 209 and 219 of the Village Code. 2) Amended site plan application for modifications including parking, pedestrian access, sidewalks, facades and landscaping, as well as a change in use from medical offices to retail for up to 33,000 square feet, at the Rye Ridge Shopping Center, Win Ridge realty, LLC. RESOLUTIONS: 1) Considering adoption of a proposed local law creating Chapter 217, Stormwater Management, and amending Chapters 118, 121, 209 and 219 of the Village Code. 2) Considering an amended site plan application for modifications including parking, pedestrian access, sidewalks, facades and landscaping, as well as a change in use from medical offices to retail for up to 33,000 square feet, at the Rye Ridge Shopping Center, Win Ridge realty, LLC. 3) Considering amendments to the R-20 Zoning District. Board of Trustees Meeting July 25,2006 Page 1 of 24 4) Considering the Final Environmental Impact Statement (FEIS) Notice of Completion Regarding K&M Realty application for development on Bowman Avenue, Section 1, Block 22, Lots 213 and 2132. 5) Considering a Payment in Lieu of Taxes Agreement (PILOT) between the County of Westchester Industrial Development Agency and Reckson Operating Partnership, L.P. 6) Considering an application to construct new front steps at 1 Talcott Road. 7) Considering permission for a block party on Valley Terrace. 8) Considering appointment to the Advisory Council on Parks and Recreation. 9) Considering appointment to the Planning Board. 10)Considering appointment to the Airport Advisory Council. I I)Adopting the National Incident Management System (NIMS) 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 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Patricia Sanders-Romano Trustee Paul Rosenberg Board of Trustees Meeting July 25,2006 Page 2 of 24 STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Theodore Sabato, Police Chief Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE: Mayor Lawrence Rand called the meeting to order at 7:30 p.m. He introduced his family that was visiting from Seattle, Washington, and his son-in-law from New Jersey, and asked them to lead everyone in the Pledge of Allegiance. Mayor Rand called for the first public hearing on the agenda: PUBLIC HEARINGS: 1) PUBLIC HEARING ON A PROPOSED LOCAL LAW CREATING CHAPTER 217, STORMWATER MANAGEMENT, AND AMENDING CHAPTERS 118, 121, 209 AND 219 OF THE VILLAGE CODE Mr. Christopher Bradbury, Village Administrator, began the discussion by noting that this local law was referred to the Planning Board last year. Since that time has it gone through several discussions at the Planning Board level. The Planning Board has now referred the matter back to the Board of Trustees with its recommendation. At this time the matter was before the Board of Trustees to schedule a public hearing. Mr. Bradbury noted that this local law is meant to deal with the management of stormwater, and a model law was developed by the New York State Department of Environmental Conservation. This local law effects both residential and commercial properties. Trustee Paul Rosenberg pointed out that much of the local law was mandated by New York State. He asked for clarification of what portion of the local law was specifically written for Rye Brook. Board of Trustees Meeting July 25,2006 Page 3 of 24 Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that there were two phases to this proposed local law: stormwater regulations and the sizes of the projects that would trigger review. The law will deal with the recent changes to the site plan review recently adopted by the Board of Trustees. It was noted that homeowners are required to install drywells, or some kind of onsite stormwater management in order to ensure that additional stormwater problems are not created by even a small addition to a home. This type of proactive work alleviates additional stormwater from the addition of impervious surfaces from running into the street or onto a neighbor's property. The larger properties, such as multi- acre projects, require a comprehensive plan for water quality treatment as well as quantity of retention. Trustee Joan Feinstein noted that there was no differentiation between larger and smaller homes and the thresholds in the law as proposed. A home in the Byram Ridge area that is a 5,000 to 6,000 square foot home that constructs a patio still creates a land disturbance. When looking at the size of the home, the size of the patio is insignificant, however, a 250 square foot land disturbance is the same on any size lot. The goal of this local law is a wonderful goal, but the Village must take into consideration the cost and additional time burden placed upon the applicants. Mr. Carosi stated that the Planning Board had quite a bit of discussion on the thresholds that would trigger review. Any type of hard-scaping will result in stormwater runoff. The installation of a small driveway could result in stormwater runoff, therefore, any measure of stormwater control that can be provided will have a positive result. Obviously larger projects require a more comprehensive stormwater management system than a smaller project, such as an addition of a patio. All projects should be reviewed, but the level of calculations and the amount of details and stormwater controls on the site will vary. Trustee Rosenberg noted that he agreed with the goals of the plan 100 percent however, the cost to homeowners must be considered. This local law could add approximately $750.00 to $1000.00 to a project. There are stormwater management laws on the books already that apply to all projects. Mayor Lawrence Rand noted that the concept was to capture any project that could have an effect on stormwater runoff. He pointed out that there have been relatively small lot developments that have caused large problems with stormwater runoff within the Village. Board of Trustees Meeting July 25,2006 Page 4 of 24 Mr. Bradbury pointed out that there is a provision in the Code for the Village Engineer to waive the requirements for some projects. The use of this provision is left to the discretion of the Village Engineer after the completion of his review. Mr. Carosi agreed with Mr. Bradbury, and noted that there is some flexibility. Although unable to give a specific dollar amount, Mr. Carosi noted there should not be a significant cost to an applicant when supplying the Village with a stormwater management plan. Ms. Patricia Sanders-Romano agreed that a 250-foot land disturbance on a small lot or a large lot is the same amount of land that is being disturbed. She also noted that the Planning Board had completed an extensive review and provided the Board of Trustees with its recommendations. She asked for assurance that the definitions in the local law be consistent with the definitions in the Village's Code. Mr. Carosi noted that the local law was borne out of a model law, however, assured the Board that the definitions specific to this chapter would be reviewed. Mayor Rand noted that as the Board was requesting a clean up of some of the definitions it was recommended that the public hearing be left open to the next Board of Trustees meeting. Mr. Bradbury agreed, and noted that he would need some clarification from the Board. Mr. Carosi stated that he would confer with the Village's Building Inspector. Mr. Ken Heller of Lincoln Avenue addressed the Board. He stated that the goal was to increase ground water recharge, and protect the residents of Rye Brook from flooding. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Feinstein, the public hearing was adjourned. 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 July 25,2006 Page 5 of 24 Mayor Rand called for the second public hearing on the agenda: 2) AMENDED SITE PLAN APPLICATION FOR MODIFICATIONS INCLUDING PARKING, PEDESTRIAN ACCESS, SIDEWALKS, FACADES AND LANDSCAPING, AS WELL AS A CHANGE IN USE FROM MEDICAL OFFICES TO RETAIL FOR UP TO 33,000 SQUARE FEET, AT THE RYE RIDGE SHOPPING CENTER, WIN RIDGE REALTY, LLC. Mr. Bradbury was called upon to give an update on this matter. He noted that the application was for an amended site plan at the Rye Ridge Shopping Center. The application includes parking, landscaping, and the conversion of medical office space to commercial space. This matter has been reviewed by the Planning Board and referred back to the Board of Trustees. Steven M. Silverberg, Esq., of Silverberg Zalantis LLP, addressed the Board as legal counsel for the applicant. He began his discussion by noting that there were two (2) main issues. The first deals with the overall site plan and questions on handicapped parking spaces. The second deals with the conversion of medical offices to commercial space. There was a question of how the number of 33,000 square feet of retail space was reached. Mr. Silverberg noted that he reviewed the Planning Board meeting videotape in order to respond to this question. On May 11, 2006 the applicant appeared before the Planning Board on a referral from the Board of Trustees for the overall site plan review and the conversion of 6,000 square feet of medical use to retail use. There were several meetings with the Village's planners and the suggestion was to request 33,000 square feet as the 6,000 number was low. The idea was not to do the conversion in piece meal. This 33,000 square foot number is actually the square footage of the first floor of the building. The Planning Board recommended approval via a resolution, with the condition that if the applicant converted more than the 6,000 square feet then parking and traffic should be reviewed. After the Planning Board's meeting, the Village's consultant — F.P. Clark & Associates — spoke with the applicant's consultants and engineers and suggested that 33,000 square feet be reviewed. Mr. Jim Ryan, the applicant's engineer, took the Village's Planners suggestion and based his review on the conversion of 33,000 square feet from medical use to retail use. The increase to the square footage of conversion was a progression. As open spaces are converted from medical to retail the applicant would need to return before the Board of Trustees. Board of Trustees Meeting July 25,2006 Page 6 of 24 Mr. Silverberg noted that there is a mixed use on this site. The parking is legally non-conforming. This is an existing facility and the applicant is very limited in what can be done in regard to parking. He pointed out that the applicant has been before the Village since February and they would like to start this project. He asked that the Village consider approving the entire proposal. Trustee Rosenberg felt that the amount of 33,000 square feet was not discussed with the Planning Board. Mr. Silverberg noted that this was before the Planning Board, and they were silent on this issue. This matter has now been referred to the Village Board. Mr. James Ryan of John Meyer Consulting addressed the Board. He reviewed the existing handicapped parking on the site, and noted that the spaces do not conform with the laws set forth by the ADA. As a designer and engineer, he reviewed the parking area for the applicant in connection with handicapped parking and found that there are nine (9) compliant spaces within the shopping center where there should be 14. The requirements under Federal Regulations are statistically based. The plan submitted to the Village adds an additional five (5) handicapped spaces, bringing the total to 19 handicapped spaces. Mayor Rand called for questions from the Board and/or comments from members of the public. Herbert Adler, Esq. addressed the Board. He noted that this is a non-compliant piece of property. One way it is non-compliant is insufficient parking spaces. If this Board wishes to grant a dispensation from the actual parking requirement, it has the discretion to do so. However, it was Mr. Adler's opinion that the applicant had not supplied the Village with a proper site plan. It was said that the Board cannot regulate who the tenants, but it was Mr. Adler's opinion that it does have the power to do so because it has the power to regulate the parking. When regulating the parking the Board would also be dealing with traffic and safety issues. Changing square feet from office use to retail will increase traffic. The object is to make the owner of the property comply. The Planning Board did not have before them a proper site plan for the conversion of 33,000 square feet of office/medical use to retail use. Now this matter is before the Board of Trustees who is charged with the protection of the Code. The Code sets forth clear direction as to what the parking requirements for this site are required to be. There are a specific number of parking spaces for a bank, including cuing spaces for the drive up teller windows. He questioned whether there was rational prudent grounds for granting variances in connection with parking for this center. He felt that the plans Board of Trustees Meeting July 25,2006 Page 7 of 24 provided to the Village were insufficient. The applicant should indicate how many parking spaces are required for each retail use, i.e. the movie theater requires one parking space for every four seats, plus a number of spaces for employees. He noted that he had performed a rough calculation and found that the applicant requires 1400 parking spaces for the conversion of medical use to retail use. Mayor Rand reiterated that the property is already non-compliant. Mr. Adler stated that the matter should be referred back to the Planning Board for a proper site plan review. He felt that the Planning Board did not want to piece meal the application, but they did not consider what the 33,000 square foot conversion would actual entail. He respectfully suggested that this matter be referred back to the Planning Board for an adequate review. Mr. Adler noted that the extension of Roanoake has an easement which is not noted on the current plans. In addition the entrance from Ridge Street is a driveway that exceeds the 15% slope. During a proper site plan review it will be found that there are many other issues that must be addressed. Mayor Rand called upon Ms. Marilyn Timpone Mohamed, Village Planner, to address this matter. Ms. Timpone Mohamed felt that the suggestion from her office to not piece meal the conversion of office space to retail space was taken a bit out of context. It was apparent that although the application was for 6,000 square feet of conversion that there was a possibility of additional square footage conversion. The suggestion was to review the impacts of converting the ground floor to retail. The applicant is requesting the conversion over time so that they would not have to come back before the Board for each space conversion. A shopping center takes into consideration the use of a parking space for visits to multiple establishments. The plan provided is a realistic view of the amount of traffic and parking. However, there may be additional impacts if a chain restaurant were to come into one of the areas. This may necessitate the need for additional parking, and traffic control. The number of parking spaces is not changing. The demand for parking going from office to retail changes only slightly, and it basically balances out. Trustee Feinstein noted that the Village did not know what the use of the additional square footage will be. Opening a restaurant would cause the parking to be revisited. The Board of Trustees referred the site plan review to the Planning Board. The Planning Board's recommendation was very cautious. They suggested review of hours of operation, noise, and traffic. The Planning Board is an advisory body to the Board of Trustees for this Board of Trustees Meeting July 25,2006 Page 8 of 24 type of commercial development. She felt that this matter should be sent back to the Planning Board in connection with the use. She felt that the site plan for the lower portion of the shopping center required further discussion. She noted that there have been inquiries by an individual wishing to open a restaurant in this center. Mr. Silverberg noted that the conversion being requested is from medical offices to retail. There is no mention of a restaurant. The fact of the matter is that this is a legally non-conforming center, and the applicant is not increasing the non-conformity. There are only so many parking spaces. The applicant cannot meet current parking requirements. There are only 704 parking spaces in the shopping center. The conversion of the 33,000 square feet could take years. There are 220 parking spaces for the medical use when 33,000 requires 165 parking spaces. The change to a retail use lowers the number of parking spaces required. This makes the shopping center more conforming. The applicant requested that the entire site plan not be referred back to the Planning Board. The proposal before the Board of Trustees is an improvement. The addition of several months of review will have serious impact on the ability of the applicant to do what they plan on doing — and that is making improvements. He suggested sending back the usage to the Planning Board for review. Trustee Rosenberg noted that his concern was an increase in traffic. He recommended that the Traffic Committee be asked to review this application. Trustee Feinstein agreed. She asked that the referral be very clear. Mr. Silverberg responded that the applicant has been requesting conversion for retail use. This is not a new request and has been a part of the application from the start. Trustee Michael Brown asked for clarification regarding specialty retail. Ms. Timpone Mohamed noted that there is a retail mix that is used by the review process that determines parking and traffic impacts. The specialty retail is more stringent. Mr. Silverberg noted that Scoops, the retail use one of the converted spaces, is not a restaurant but rather a specialty retail use. Mr. Adler stated that he was unsure of whether or not Scoops was or was not a restaurant. He noted that he disagreed with Mr. Silverberg's comment that the parking requirements for retail use is less restrictive than office space. The Plaza Medical Building is more than 75,000 square feet. There Board of Trustees Meeting July 25,2006 Page 9 of 24 is 33,000 square feet on the first floor, 33,000 square feet on the second floor, and additional office space in the rear where the Radiology is located. All of the medical office space must be included in the calculation of parking. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Feinstein, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, was called upon to call the roll: 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 second resolution on the agenda: 2) CONSIDERING AN AMENDED SITE PLAN APPLICATION FOR MODIFICATIONS INCLUDING PARKING, PEDESTRIAN ACCESS, SIDEWALKS, FACADES AND LANDSCAPING, AS WELL AS A CHANGE IN USE FROM MEDICAL OFFICES TO RETAIL FOR UP TO 33,000 SQUARE FEET, AT THE RYE RIDGE SHOPPING CENTER, WIN RIDGE REALTY, LLC. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDED SITE PLAN APPLICATION FOR MODIFICATIONS INCLUDING PARKING, PEDESTRIAN ACCESS, SIDEWALKS, FACADES AND LANDSCAPING, AS WELL AS A CHANGE IN USE FROM MEDICAL OFFICES TO RETAIL FOR UP TO 33,000 SQUARE FEET, AT THE RYE RIDGE SHOPPING CENTER, WIN RIDGE REALTY, LLC WHEREAS, the Board of Trustees is in receipt of applications by Win Ridge Realty, LLC for approval of an amended site plan for Board of Trustees Meeting July 25,2006 Page 10 of 24 modifications to the parking, pedestrian access, sidewalks and facades, as well as a change in use from medical offices to retail for up to 33,000 square feet 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 Town of Rye Tax Map and located in the C 1-P Zoning District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1.A(1) of the Village Code; and WHEREAS, on June 8, 2006 the Planning Board recommended approval of the amended site plan for modifications including parking, pedestrian access, sidewalks and facades; and WHEREAS, the subject application was referred to the Westchester County Department of Planning; and WHEREAS, on June 13, 2006 the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to spealc on behalf of or in opposition to said application and the public hearing was closed on June 27, 2006; and WHEREAS, the Board of Trustees has reviewed the information submitted by the applicant in connection with the application and the report and recommendations of the Village consultants and staff; and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines the proposed change of use and modifications to the approved site plan to be minor in nature and adopts a Negative Declaration hereby ending the State Environmental Quality Review process; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees approves the amended site plan modifications, including parking, pedestrian access, sidewalks and facades; and BE IT FURTHER RESOLVED, that the subject application for a change of use shall be referred to the Village Planning Board for a report and recommendations; and Board of Trustees Meeting July 25,2006 Page 11 of 24 BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification. Trustee Feinstein asked for a few minor corrections to the resolution. Also incorporated into the resolution was the referral to the Village's Traffic Commission. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders-Romano, 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 Mr. Silverberg asked that communication be made to the Planning Board to clarify the referral. Mayor Rand called for the next item on the agenda: 3) CONSIDERING AMENDMENTS TO THE R-20 ZONING DISTRICT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AMENDMENTS TO THE R-20 ZONING DISTRICT WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 250 of the Village of Rye Brook Village Code regarding the R-20 Zoning District. Board of Trustees Meeting July 25,2006 Page 12 of 24 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 the code amendments, makes a preliminary classification of the proposed action as Unlisted; AND BE IT FURTHER RESOLVED, that the local law is referred to the Village of Rye Brook Planning Board for a report and recommendation and the Board of Trustees requests the Village Planning Consultant to refer the revised local law to the Westchester County Planning Department; AND BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on September 12, 2006 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local laws. Trustee Sanders-Romano noted that some of the issues brought up by the Task Force were not addressed. She felt that the Planning Board should be given recommendations from the Board of Trustees, i.e. the review of gross floor area. Trustee Feinstein hoped that the Planning Board would also review non- conformities that exist, any increase in non-conformities, and up zoning. Ms. Timpone Mohamed and Trustee Rosenberg were directed to make these recommendations. Mr. Bradbury amended the resolution to reflect the requested changes and suggestions. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, 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 Board of Trustees Meeting July 25,2006 Page 13 of 24 4) CONSIDERING THE FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) NOTICE OF COMPLETION REGARDING K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 22, LOTS 2B AND 2132 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) NOTICE OF COMPLETION REGARDING A K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE, SECTION 1, BLOCK 22, LOTS 2B AND 2B2 WHEREAS, the Board of Trustees of the Village of Rye Brook has received an application from K&M Realty Group, Ltd. (the Applicant) for Site Plan Approval and Wetlands and Steep Slopes Permits for the construction of four (4) buildings, one of which would contain a restaurant and three of which would contain residential dwelling units, and parking facilities, lighting, landscaping and related site development (hereinafter referred to as the "Proposed Action"); and WHEREAS, the Village Board of Trustees determined the Proposed Action to be a Type 1 Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and was designated Lead Agency for review of the action; and WHEREAS, the Village Board of Trustees, as Lead Agency, determined that the Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a SEQRA positive declaration; and WHEREAS, the Village Board of Trustees received and reviewed a Draft Environmental Impact Statement ("DEIS") that they determined to be complete on August 10, 2004; and WHEREAS, the Village Board of Trustees held a SEQRA public hearing for review of the DEIS on September 14, 2004, receiving oral and written comments regarding the DEIS and the Proposed Action during the Public Hearing and public comment period; and WHEREAS, the Village Board of Trustees received and reviewed a Final Environmental Impact Statement ("FEIS"), dated July 2006. Board of Trustees Meeting July 25,2006 Page 14 of 24 NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Rye Brook, as Lead Agency, hereby determines the FEIS for the Proposed Action, dated July 2006, to be complete and adequate for circulation to involved and interested agencies and for public review; and BE IT FURTHER RESOLVED the Village Board of Trustees hereby authorizes the circulation of the FEIS, as noted above, for public and agency review and comment, and further authorizes that a Notice of Completion be filed and circulated pursuant to SEQRA; and BE IT FURTHER RESOLVED that the Village Board of Trustees hereby schedules a SEQRA public hearing for review of the FEIS and for review of the site plan on September 12, 2006 at 7:30 p.m., to be held in Village Hall, located at 938 King Street, Rye Brook, New York; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby sets a public comment period for written comments regarding the FEIS to open upon circulation of the FEIS and close on September 19, 2006. Mr. Bradbury noted that the resolution required additional whereas clauses to address the SEQRA issues and the fact that the restaurant component has been removed. Ms. Timpone Mohamed noted that the proposed action has not been changed, however there is a preferred alternative, and that consists of residential (10 units) only on the peninsula portion of the property. On a motion made by Trustee Sanders-Romano, and seconded by Trustee Brown, 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 5) CONSIDERING A PAYMENT IN LIEU OF TAXES AGREEMENT (PILOT) BETWEEN THE COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY AND RECKSON OPERATING PARTNERSHIP, L.P. Board of Trustees Meeting July 25,2006 Page 15 of 24 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PAYMENT IN LIEU OF TAXES AGREEMENT (PILOT) BETWEEN THE COUNTY OF WESTCHESTER INDUSTRIAL DEVELOPMENT AGENCY AND RECKSON OPERATING PARTNERSHIP, L.P. WHEREAS, the Village of Rye Brook has received and reviewed a Payment in Lieu of Taxes (PILOT) Agreement between the County of Westchester Industrial Development Agency and the Reckson Operating Partnership, L.P.; and WHEREAS, the agreement requires the consent of the County of Westchester, the Village of Rye Brook, the Town of Rye, and the Blind Brook School District. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby consents and agrees to the Payment in Lieu of Taxes (PILOT) Agreement between the County of Westchester Industrial Development Agency and the Reckson Operating Partnership, L.P; and be it further RESOLVED, that the Mayor is hereby authorized to sign this agreement and any related documents on behalf of the Village of Rye Brook to accomplish the purposes of this resolution. 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting July 25,2006 Page 16 of 24 6) CONSIDERING AN APPLICATION TO CONSTRUCT NEW FRONT STEPS AT 1 TALCOTT ROAD Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPLICATION TO CONSTRUCT NEW FRONT STEPS AT 1 TALCOTT ROAD WHEREAS, Mr. and Mrs. Robert Schwartz, 1 Talcott Road submitted an exterior building application to the Village of Rye Brook to construct new front steps for their home in the Talcott Woods Conservation Subdivision, Section 135.58, Block 1, Lot 39; and WHEREAS, on July 11, 2006 the Village Board of Trustees determined the proposed exterior stairway reconstruction to be minor in nature and with that determination referred the application to the Planning Board for report and recommendation; and WHEREAS, the Village Board of Trustees has reviewed the information submitted by the applicant in connection with the application and the report and recommendations of the Village Planning Board, consultants and staff; and WHEREAS, the Village Board of Trustees is familiar with the site and all aspects of the project; and WHEREAS, the Talcott Woods Home Owners Association has approved the design of the proposed stairway. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines the proposed exterior stairway reconstruction to be minor in nature, improving the safety of the stairway and eliminating the non-conformance of the original stair and approves construction of the stair and issuance of a Building Permit for 1 Talcott Road. There was no discussion on this matter. Board of Trustees Meeting July 25,2006 Page 17 of 24 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE 7) CONSIDERING PERMISSION FOR A BLOCK PARTY ON VALLEY TERRACE Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING THE 6th ANNUAL VALLEY TERRACE BLOCK PARTY RESOLVED, that the use of Valley Terrace between Argyle Road and Ridge Blvd. for the Valley Terrace Block Party on Saturday, September 9, 2006 (rain date of Sunday, September 10, 2006) is hereby approved with the terms to be established by the Rye Brook Police Department. 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting July 25,2006 Page 18 of 24 8) CONSIDERING APPOINTMENT TO THE ADVISORY COUNCIL ON PARKS AND RECREATION Mr. Bradbury read the following resolution: RESOLUTION APPOINTMENT TO ADVISORY COUNCIL ON PARKS AND RECREATION NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Steven Epstein of 233 Country Ridge Drive, Rye Brook, New York to the Advisory Council on Parks and Recreation, to fill the unexpired term of Bill Laufer, for the term ending April 2008. 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE 9) CONSIDERING APPOINTMENT TO THE PLANNING BOARD. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPOINTMENT TO THE PLANNING BOARD NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Bill Laufer of 10 Loch Lane, Rye Brook, New York to the Planning Board, to fill the unexpired term of Jim Winter, for the term ending April 2011. Board of Trustees Meeting July 25,2006 Page 19 of 24 Trustee Rosenberg thanked Mr. James Winter for his years of service to the Planning Board. 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE 10)CONSIDERING APPOINTMENT TO THE AIRPORT ADVISORY COUNCIL Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPOINTMENT TO AIRPORT ADVISORY COUNCIL NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Board of Trustees of the Village of Rye Brook, hereby appoints Barbara Goodstein of 1 Rock Ridge Drive, Rye Brook, New York to the Airport Advisory Council, to fill a vacancy on the Airport Advisory Council, for the term ending April, 2009. 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting July 25,2006 Page 20 of 24 11)ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) ON A MOTION MADE BY TRUSTEE FEINSTEIN, AND SECONDED BY TRUSTEE ROSENBERG, THE RESOLUTION WAS ADOPTED Mr. Bradbury read the following resolution: RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) WHEREAS, In Homeland Security Presidential Directive (HSPD)-5, the President directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, local and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the collective input and guidance from all federal, state, local and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all federal, state, local, and tribal emergency management agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and WHEREAS, to facilitate the most efficient and effective incident management it is critical that federal, state, local, and tribal organizations utilize standardized terminology, standardized organizational structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the states ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and Board of Trustees Meeting July 25,2006 Page 21 of 24 WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the state, including all public safety and emergency response organizations training programs; and WHEREAS, the National Commission of Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System. NOW THEREFORE BE IS RESOLVED, that pursuant to the authority vested in me by the Village of Rye Brook, I do hereby mandate the National Incident Management System (NIMS) be utilized for all incident management in the Village of Rye Brook; and BE IT FURTHER RESOLVED, that I further proclaim this to take effect immediately. Mr. Bradbury noted that this was a serious project, and pointed out that the Village has been receiving training. 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 ROSENBERG VOTING AYE TRUSTEE SANDERS-ROMANO VOTING AYE MAYOR RAND VOTING AYE Prior to calling upon the Village's Administrator for his report, Mayor Rand discussed the matter of the Port Chester Public Library. He began by noting that this issue has become more emotional than rationale and most people have lost focus of the facts. The Boards of Trustees of Rye Brook and Port Chester held a meeting and opened a dialogue between the two (2) Villages. There are no negotiations, but rather discussions. The Port Chester Board of Trustees has held several meetings on this matter. It is everyone's hope that a fair and equitable arrangement can be reached in order to bring the library up to Code. The Trustees of both Villages must share fiduciary obligations. Board of Trustees Meeting July 25,2006 Page 22 of 24 Mayor Rand noted that there is misinformation floating around. The renaming of the institution is not the most critical issue, bringing the building up to Code is. However, Rye Brook is being asked to make a substantial financial commitment and, therefore, it is seeking to have its name added to the name of the library. The request is fair and prudent especially considering the size of the commitment that Port Chester is seeking from Rye Brook. A small group of individuals has blurred the goals and the intent of the discussions. To bring the current Library building up to Code will require Rye Brook to contribute $600,000. Rye Brook is simply asking for recognition in the form of adding Rye Brook's name to the name of the Library. It is now time for decisions to be made. The Village of Rye Brook will wait for the Village of Port Chester to make their decision. ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that the ball field was progressing well. The Grand Opening is scheduled for September 16th and the field will be put to use prior to this date by the Blind Brook School District who will use the field for football practice. Mr. Bradbury noted that during the recent storms the police, public works, and fire department worked hard. The Highway crew will continue to remove branches and debris and will keep at it until the streets have been cleaned up. Regarding the power outages, Mr. Bradbury noted that there were links on the website for residents who have lost food and are seeking reimbursement from Con Edison. Residents could be eligible for up to $150.00 without documentation and up to $350.00 with documentation. Mr. Bradbury announced that Movie Nights were being scheduled for Friday nights at Pine Ridge Park. All residents are invited. Mayor Rand noted that the ball field is a County field. A report will be given at a future Board of Trustees meeting of how this field will be used. The Village will do its best to accommodate the various organizations that will seek to use these fields. Trustee Feinstein noted that Village trees have fallen during the recent storm. She asked that these trees be replaced. Mr. Bradbury noted that there is a tree budget, however, the streetscape and parks will be reviewed. Board of Trustees Meeting July 25,2006 Page 23 of 24 Trustee Feinstein commented on the amnesty program. She wanted to make sure that residents are aware of the program. Trustee Sanders-Romano noted that while reviewing the past three storms the problems that resulted were very poorly handled by Con Edison. Con Edison did not properly prioritize and the response was poor. Con Edison has stated that they put safety first and that downed wires must be checked first. They say that assessment takes 24 hours. They deal with municipal emergencies first and then work with customers. The high-density areas are handled first. The infrastructure is aging and the poles in the Village are not in the best of shape. A significant fact that came out recent discussions with Con Edison was that the way only that Con Edison is made aware of problem is when calls come in. Without this notification Con Edison has no way of knowing that power is out in any given area. There should be more priority placed on quick fixes. Individuals with special needs should make sure that they are listed in Con Edison's database. It was noted that Con Edison is reimbursing customers for lost food if the outage was not caused by a tree. The forms are available on the Village's Website or on ConEd.com. George Lattimer was at this hearing and he alerted the Village that there will be a public hearing on July 31st to be held at the Westchester Community College to discuss this matter in depth. Mayor Rand called for members of the public wishing to address the Board. There being no one, and no further business before the Board, the meeting was adjourned at 9:35 p.m. Board of Trustees Meeting July 25,2006 Page 24 of 24