Loading...
HomeMy WebLinkAbout2005-04-26 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 26, 2005-7:30 P.M EXECUTIVE SESSION 7:00 P.M.: Negotiations, Personnel and Litigation ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS 1) Consideration of the application by Dr. Samuel and Diane Schwartz for modification of hours of operation for a Tier III Home Occupation. 2) Consideration of an application by Tennessee Gas Pipe Line for site plan approval to install a metering building on Brookside Way. RESOLUTIONS: 1) Decision on the application of Dr. Samuel and Diane Schwartz for modification of hours of operation for a Tier III Home Occupation. 2) Approving an application by Tennessee Gas Pipe Line for site plan approval to install a metering building on Brookside Way. 3) Setting a Public Hearing date on a local law to amend Chapters 64 and 179 of the Village Code concerning land use application and permit review procedure. 4) Adopting the Village of Rye Brook 2005-2006 Annual Budget. 5) Authorizing the submission of a NYS Home Rule Request for permit parking near the Port Chester High School. 6) Authorizing Culross Associates Ltd. to perform professional services to prepare a Hazard Mitigation Plan. 7) Authorizing the Village of Rye Brook to enter into an inter-municipal agreement with the Village of Sleepy Hollow to administer a grant for Storm Water Permit implementation projects. 8) Setting a Public Hearing date to consider a local law amending the Zoning Map of the Code of the Village of Rye Brook regarding the Scenic Roads Overlay District. 9) Approving Minutes: January 11, 2005; February 8, 2005; February 15, 2005; March 22, 2005. ADMINISTRATOR'S REPORT OLD BUSINESS • Advisory Council on Parks & Recreation recommendation on use of Lincoln Avenue property NEW BUSINESS DISCUSSION ITEM ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: May 10, 2005 and May 24, 2005 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Richard Buzin Trustee Joan Feinstein Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator Keith E. Rang, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Robert Bertolacci, Parks and Recreation Superintendent Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE: Mayor Rand called the meeting to order at 7:45 p.m.. The Pledge of Allegiance followed. Mayor Rand noted that there was a full agenda. He called for the first item listed under pubic hearings: PUBLIC HEARING: 1) CONSIDERATION OF THE APPLICATION BY DR. SAMUEL AND DIANE SCHWARTZ FOR MODIFICATION OF HOURS OF OPERATION FOR A TIER III HOME OCCUPATION. Bruno Gioffre, Esq., addressed the Board as the representative for the applicants. He noted that Dr. Schwartz's is a licensed chiropractor/nutritionist, and respitory therapist, who specializes in pain management and nutrition for his patients. Mrs. Schwartz is a licensed Social Worker and Psychotherapist. Mrs. Schwartz has a limited practice. This home has been utilized for this type of business even before the Schwartz family purchased this home. The prior owners worked from the home since approximately 1968. The prior practice had hours from early morning to late in the evening. The use was a chiropractic office. Dr. Schwartz acquired this property they performed a Due Diligence. They went to the Town of Rye Offices to make sure that the kind of use the building was being used for was legal. They found it was a Home Occupation and, therefore, a legal use. Dr. Schwartz joined the prior owners' practice for four months. He did this without compensation, as part of his Due Diligence. After completion of the Due Diligence, the Schwartz family became the owners of the home. As recently as December 9, 2002, this same use was conformed by a Certificate issued by the Village of Rye Brook stating that the house complied with the Code and that the home occupation could continue. The applicant, therefore, takes the position that this use precedes the adoption of the Code as a legal, non-conforming, recognized home occupation. Nevertheless, this application has been submitted as an alternate use. The applicant believes,respectfully, that whether it be as a matter of legal right, or whether it be under the interpretation of the Code as it applies to this application, the hours of use, and the days of use, are not inconsistent with the orderly manner of living within the Village of Rye Brook. The pre-existing nature of the use was 6:00 a.m. until 10:00 p.m. At this time Dr. and Mrs. Schwartz are prepared to modify the hours operation. Mr. Gioffre noted that the applicants have agreed to certain items in connection with variances granted at the Zonning Board of Appeals level. He noted that the guardrail has been removed, and that a contractor has been commissioned to install a double-sided fence, as well as plant the arborvitae to screen the fence at approximately 6' in height. Mr. Gioffre felt that the Village's Code was seeking to establish perspective. He reviewed the criteria upon which an application is measured. It also seeks to re-mediate the use and, in some instances, to re-evaluate the hours. The Village is concerned about increases of traffic, sewage, trash, and noise — and basically items that appeal to sensible control within the Village. It does recognize and permit any lawfully permitted and existing occupations to continue. The argument is not whether or not the practices can continue, but rather the question is in regard to regulation. It was noted that there was only one non-resident employee working for Dr. Schwartz. When there is a pre-existing non-conforming use, the burden should not fall upon the applicant to show that they are operating within the Code. There are no violations in connection with these applicants. If an objection is raised, then the burden of proof should fall upon the individual lodging the complaint. Mr. Gioffre reviewed the pre- requisites of the Village's Code for reviewing applications. He noted that the appearance and character of the home have not changed. No adverse impacts have been generated, and the applicant will be mitigating the impact of headlights shinning into the neighbor's home via the fence and arborvitae. There is a portion of the new ordinance that states that only one Home Occupation may be conducted within the dwelling. The applicants contend that Mrs. Schwartz's use is pre-existing, and the question regarding hours of operation does not apply to her. This is a very busy neighborhood. It is important to note that only one neighbor has voiced complaints. No other neighbors have complained and, in fact, several were present to speak in support of the application. Everyone is aware of the significance of having someone within the community available to render this type of service. Someone who is willing to make himself available when an emergency arises. Mr. Gioffre stressed that the proper exercise of judgment must be used. The Board must balance the equities between the applicant and the community. In making the determination the Village Board is charged with several factors, which were also listed by Mr. Gioffre. He raised the question of whether or not a use that has been there since approximately 1968 constitutes a detriment to the community or an imposition. He noted that he could cite many cases for the Board that could be used in making this determination. Dr. and Mrs. Schwartz are seeking the Village Board's approval for the continuation of what is a legal, non-conforming use. They are proposing that they practice their profession from Monday to Friday, from 7:30 a.m. to 8:30 p.m. On Saturday, from 7:30 a.m. to 1:30 p.m. Saturdays are part of the vested right of these applicants to conduct their business under the pre-existing legal, conforming use. Mr. Gioffre noted that he was prepared to review with the Board a portion of the log of appointments from Dr. Schwartz's practice in order to prove the hours of operation, and to confirm that he has, since the Zoning Board of Appeals' meeting, curtailed his hours of operation. Mayor Rand stated that he was recusing himself from the application as he was a patient of Dr. Schwartz. Trustee Paul Rosenberg questioned the hours of operation. Edward Beane, Esq., Village Counsel, addressed the matter. He stated that assuming for the purposes of this discussion, that other than the hours this is a pre-existing non-conforming use, the Village does have the right to regulate the hours of Tier I and Tier II Home Occupations. He also noted that there were also other aspects that required review. One was the matter of one use of two uses. Trustee Joan Feinstein noted that the hours have been from 6:00 a.m., Monday through Saturday. The applicants are now proposing a change in the hours, starting at 7:30 a.m. Although she understood that people would like to go to the doctors before they go to work, she asked if the applicant would agree to have later start hours on the weekend. Mr. Gioffre noted that this matter has been discussed with the patients. The modification to 7:30 a.m. was a substantial change. The hours were also cut back at the end of the day. Trustee Feinstein noted that the weekend should allow for quiet time for the neighbors. Mr. Gioffre noted that the corner of North Ridge and King Street is greater than the traffic of one patient every half hour. It was stated that Dr. and Mrs. Schwartz were not looking for a modification for Mrs. Schwartz. The request is a change to the stated hours of one doctor — Dr. Samuel Schwartz. Trustee Michael Brown questioned the statement that patients are accommodated in the case of an emergency. He wanted to be sure that this did not mean that a patient could be seen at 2:00 a.m. Mr. Gioffre stated that this was not the case, however, the next possible appointment was made available in emergency cases. Trustee Rosenberg also felt that 6:00 a.m. was too early. He stated that he appreciated the fact that Dr. and Mrs. Schwartz were making an effort to control the glare, however, the door slamming, the car alarms tweaking, and car alarms going off cannot be as easily controlled. He also felt that the Saturday morning hours being proposed were still early and pose a bit of a hardship on the neighbors. He requested that the Saturday morning hours be modified further. Mr. Gioffre noted that the applicant is working on the agreement with the neighbor. All patients coming in before 9:00 a.m. are being directed to park on the opposite side of the home. Mayor Rand called for comments from members of the public. Penny Randall, a 30-year resident of Rye Brook, addressed the Board. She noted that her entire family has been a patient of Dr. Schwartz at one time or another. Most doctors see patients during traditional office hours. She pointed out that this community is fortunate to have doctors in the community willing to see patients on an as-needed basis. Athletic injuries are commonplace. She felt that it was unfair to tell Dr. Schwartz that he would have to accommodate his patients without the extended hours. She stressed that Rye Brook is very fortunate in having this caring and dedicated doctor who maintains a patent friendly practice. Dr. Schwartz should be commended for his availability. Laura Schacter, a resident of 30-years, and a patient of Dr. Schwartz for over ten years, addressed the Board. She noted that patients understand that this is a residential area and that they are careful when closing their doors. She found the compliant by one neighbor to be outrageous. Peter Farrell, a resident of Manhattan, and a patient of Dr. Schwartz, addressed the Board. He noted that he became a patient at the urging of a food friend about five years ago. He noted that he normally makes his appointments between 11:00 and 2:00, and has been instructed to not come in before ten minutes before his appointment. He expressed his gratitude to Dr. Schwartz, and hoped that Rye Brook would allow him to continue his practice. Christopher Desessi, the resident of the home next door neighbor, addressed the Board. He noted that his bedroom faces the parking area. He stated that he has never been bothered from noise from the Schwartz house. Robyn Schwartz, Dr. and Mrs. Schwartz's daughter, noted that her bedroom is directly above her parents' office. She stated that she has never been woken up from noise from the office. Michele Mendicino Daly addressed the Board. She spoke in support of the application in her mother's place. She noted that there are many residents that have businesses out of their homes and are not regulated. When no complaints are received, the Village does not bother the owners. In this case, a neighbor has voiced his complaint and thus the applicant is now before the Village. Ms. Daly felt that it would be unfair to change the classification of this home occupation based on the complaint of one individual. She also felt that Rye Brook is fortunate in having Dr. Schwarz in the community. Dean Santon, former Trustee and member of the Rye Brook community, addressed the Board. He noted that similar applications have been before the Board. This application is not tied to the connection with the good deeds of a doctor. It is about adverse impacts. This is a joint application, but it is only Dr. Samuel Schwartz that was seeking some relief. He questioned whether or not both home occupations meet the requirements of the Code. He felt that there was one Tier I use and one Tier 11 use. Everyone uses grandfathering as a defense. The previous doctors, Dr. Deman and Dr. Dumont, shared a practice with split hours, not extended hours. The Village Board has a right to legislate and protect the health and safety of the community. Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He noted that he was not a patient of Dr. Schwartz, but hoped that the restrictions being placed would not cost Rye Brook a doctor. Richard Steer, Esq., of the law firm Jones Hirsch Connors & Bull, P.C., addressed the Board as the representative for the Fay Family. He noted that a Home Occupation is an occupation that is incidental to a resident. Here there are people living in a commercial business. There are over 100 cars per week entering and existing the property. The Code has no Saturday hours. He noted that having people in and out every half hour changes the quality of life for the Faye Family. Perhaps the applicants should not be permitted to practice out of their home. Mr. Steer noted that there are also patients being seen on Sundays. A stipulation is being worked out regarding the parking area, screening, and the guardrail, and the issue before the Board of Trustees was the hours of operation. Mayor Rand called upon Mr. Gioffre for final comments. He stated that the applicant would be willing to move the Saturday hours to 9:00 a.m. to 2:30 p.m. He noted that there is consistency to the use, and most neighbors do not have any problem with this use. Regarding the amount of patients seen, the Village Code permits three (3) patients per hour, Monday through Friday. This comes out to 180 per week versus the 100 per week. It is inappropriate for anyone to suggest that the owners of this home relocate their offices. Dr. Schwartz has made a good effort to accommodate the requests of the Village and his neighbors. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the public hearing was closed. Mr. Keith Rang, Assistant to the Administrator, was asked to call the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND RECUSED Mayor Rand called for the resolution in this matter RESOLUTION: 1) CONSIDERATION OF THE APPLICATION BY DR. SAMUEL AND DIANE SCHWARTZ FOR MODIFICATION OF HOURS OF OPERATION FOR A TIER III HOME OCCUPATION. RESOLUTION DETERMINATION OF THE APPLICATION OF DR. SAMUEL SCHWARTZ AND DIANE SCHWARTZ FOR MODIFICATION OF THE HOURS OF OPERATION FOR A TIER III HOME OCCUPATION PURSUANT TO VILLAGE CODE SECTION 250-381)(3)(a)(13) WHEREAS, Diane Schwartz is the owner of certain the real property located at 492 North Ridge Street, Rye Brook, New York, identified on the Tax Map of the Town of Rye as Section 1, Block 5, Lot E-26; and WHEREAS, pursuant to Village of Rye Brook Code Section 250-381)(3)(a)(13), the mandated hours of operation for a Tier III Home Occupation are limited to Monday through Friday, from 8:00 a.m. to 8:00 pm; and WHEREAS, pursuant to Village of Rye Brook Code Section 250-38D(3)(a)(13), by letter dated April 8, 2005, and the comments at the public hearing, Diane Schwartz and Dr. Samuel Schwartz have applied for permission to modify these mandated hours of operation for a Tier III Home Occupation on their property to Monday Through Friday, from 7:30 a.m. to 8:00 p.m. and Saturday, from 9:00 a.m. to 2:30 p.m.; and WHEREAS, the Board of Trustees conducted a Public Hearing on April 26, 2005 at 7:30 p.m. at Village Hall, Rye Brook, New York to consider the application of Diane Schwartz and Dr. Samuel Schwartz to modify the hours of operation for a Tier III Home Occupation and all present were provided with an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby modifies the hours of operation for Dr. Samuel Schwartz Tier III Home Occupation as follows: A. The hours of operation for Dr. Samuel Schwartz shall be Monday through Friday, from 7:30 a.m. to 8:00 p.m. and Saturday, from 9:00 a.m. to 1:30 p.m.; and BE IT FURTHER RESOLVED, that the modifications to the mandated hours in Section 250-381)(3)(a)(13) set forth in this Resolution are applicable to the Tier III Home Occupation of applicants only and shall not run with the land or be applicable to any other Tier III Home Occupation conducted at the premises; and BE IT FURTHER RESOLVED, based on the fact that Diane Schwartz does not seek any modification of the mandated Code in Section 250-381)(3)(a)(13) the Village Board does not approve any modification of the hours of operation for Diane Schwartz beyond the existing Village Code. Mayor Rand called for discussion. Trustee Buzin noted that the numbers of hours given to Dr. Schwartz's patients are substantial. There is a tremendous amount of access. He felt that 2:30 on a Saturday was excessive. He personally felt that the Saturday hours should be scaled back. He felt that 1:30 or 1:00 p.m. was better. Trustee Feinstein agreed with Trustee Buzin. Although this is a community where people do get up early, she noted that she felt more comfortable at 9:00 a.m. on Saturdays, but still felt that 2:30 p.m. was too long. She asked that the hours be scaled back to 1:30 p.m. Trustee Brown felt that Saturday hours were okay, but that the hours should be scaled back. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was modified. The hours set were Monday through Friday, 7:30 a.m. to 8:00 p.m., and Saturday 9:00 a.m. to 1:30 p.m. The roll was called: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND RECUSED Mayor Rand requested a brief recess. Upon the Board's return, Mayor Rand called for resolution#5. 5) AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST FOR PERMIT PARKING NEAR THE PORT CHESTER HIGH SCHOOL. RESOLUTION AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST FOR PERMIT PARKING NEAR THE PORT CHESTER HIGH SCHOOL WHEREAS, the Village of Rye Brook desires to enact a permit parking system for Port Chester High School employees on certain streets in the Village of Rye Brook surrounding the Port Chester High School, including sections of College Avenue, Neuton Avenue, Hillcrest Avenue, and Tamarack Road; and WHEREAS, NYS Senator Suzi Oppenheimer has introduced NYS legislation to the Senate with bill number S.4281, and NYS Assemblyman George Latimer has introduced NYS legislation to the Assembly with bill number A.7442; and WHEREAS, this legislation requires the passage of a Home Rule Request to the NYS Senate and NYS Assembly by the Village of Rye Brook. 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 the NYS Senate and Assembly for bill numbers 5.4281 and A.7442 that would permit the establishment of a permit parking system for Port Chester High School employees on certain streets surrounding the Port Chester High School; and BE IT FURTHER RESOLVED, that the Mayor is authorized to submit the Home Rule Request and execute and deliver all necessary documents to NYS. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Bradbury reviewed the streets involved; Neuton Avenue, Tamarack, College Avenue, and Hillcrest Avenue. This legislation has been introduced by Suzi Oppenheimer and George Latimer. This special legislation would establish a permitted parking system. Assemblyman George Latimer, who was in attendance, was thanked for his assistance. Mr. Latimer noted that this Home Rule Request will go back to Senator Oppenheimer and himself. It is hard to predict what will happen in Albany. He felt that local governments should be allowed to make these types of decisions, but as this is not the case he was happy to help Rye Brook. Assemblyman Latimer will be reporting back as soon as he has any additional information. In response to a question raised by Trustee Feinstein, Mr. Bradbury noted that hotel tax issues have been discussed thanks to Assemblyman Latimer, who would be submitting this bill. The City of Rye and Town of Harrison are also involved. This legislation would be good for the Village in regard to revenue. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second public hearing: PUBLIC HEARING: 2) Consideration of an application by Tennessee Gas Pipe Line for site plan approval to install a metering building on Brookside Way. Mayor Rand declared the public hearing open. A representative from the Tennessee Gas Company addressed the Board. He noted that the purpose of the proposed building is to obtain gas quality. The pipeline system comprises approximately 19,000 miles. It starts at the Gulf of Mexico and runs to the Canadian border. Along the way there are stations, or sales points. This building will help them determine the actual content of the gas. It is Tennessee Gas' hope to be able to start work as soon as possible. The representatives for the applicant offered to respond to questions from members of the Board, and public. Trustee Rosenberg requested information on the safety of this type of facility. The applicant asked that the existing meter station in Rye Brook be used as an example. Gas has been metered at this existing station since 1960. That is over 55 years without any problems. The system uses a small amount of gas to determine the quality. There is a station in Texas that monitors the system, and this building will communicate to that system. Trustee Brown asked for a description of the inside of the structure, and access information. The response was that there would be one man that goes to the current site on a regular basis. Inside the building there will be a small desk and electronic equipment on the walls. There are some gas cylinders inside used to run the tests on the gas quality. Basically it is a one- room office with some tubing that runs inside. It is very clean, and the structure is an 8' x 10' structure. Mr. Dave Sheral of the Tennessee Gas Company, noted that the equipment takes a small portion of the gas, analyzes it and gives a breakdown. The gas coming into the building is a small volume. If there is a leak the valve has a safety feature and it will shut off. The building will also house a communication system. There is only one gas-monitoring unit in the building. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the public hearing was closed TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) Approving an application by Tennessee Gas Pipe Line for site plan approval to install a metering building on Brookside Way. Mr. Bradbury read the resolution: RESOLUTION APPROVING AN APPLICATION BY TENNESSEE GAS PIPE LINE FOR SITE PLAN APPROVAL TO INSTALL A METERING BUILDING ON BROOKSIDE WAY WHEREAS, the Tennessee Gas Pipe Line has submitted an application for approval to install an eight(8) foot by ten (10) foot eight(8) inch building adjacent to its existing Rye Sales Meter Station located on Brookside Way in Rye Brook, New York in the R15 Zoning District; and WHEREAS, the Board of Trustees has reviewed the following plans submitted in connection with said application: 1. TGP Drawing No. TO-MS335A-102-E-101, last dated Sept 18, 2003 2. Valtronics Drawing No. VAL 2004-3 REV 2, last dated August 23, 2004. WHEREAS, the Board of Trustees has reviewed the submitted Environmental Assessment Form pursuant to the State Environmental Quality Review Act and determines the project to be a Type II action under §615.5, thereby ending the SEQRA process; and WHEREAS, the applicant has complied with Section 250-40, Public Notification, of the Village Code; and WHEREAS, the Board of Trustees has exercised its discretion under Section 209-3 of the Village Code regarding site plan review and determined that this application need not be referred to the Planning Board for review and recommendation; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees grants the applicant a waiver pursuant to Section 209-3(D) of the Village Code finding that due to the particular nature of the proposed work and the special conditions unique to its use, strict adherence to a final site plan is inappropriate and unnecessary; and BE IT FURTHER RESOLVED that the Board of Trustees hereby grants site plan approval to Tennessee Gas Pipeline to install an eight (8) foot by ten (10) foot eight (8) inch building as shown on the submitted plans referenced above. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) Setting a Public Hearing date on a local law to amend Chapters 64 and 179 of the Village Code concerning land use application and permit review procedure. RESOLUTION SETTING A PUBLIC HEARING DATE ON A LOCAL LAW TO AMEND CHAPTERS 64 AND 179 OF THE VILLAGE CODE CONCERNING LAND USE APPLICATION AND PERMIT REVIEW PROCEDURE WHEREAS, a local law has been proposed to amend chapters 64 and 179 of the Village Code regarding the procedure for the review and processing of land use applications and permits where such approvals are sought in connection with variance or other zoning relief. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 10, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amend chapters 64 and 179 of the Village Code regarding the procedure for the review and processing of land use applications and permits where such approvals are sought in connection with variance or other zoning relief. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE It was noted that the Village has recently made many changes to the Zoning Code. The volume of applications before the Village has increased over the years. This law was drafted and reviewed by the Zoning Board of Appeals, the Planning Board and the Board of Trustees, along with the assistance of the Village's Consultants and staff. It makes more sense, and moves things along. All use variances will still go to the Zoning Board of Appeals. The concept of this law is to give the Board of Trustees and the Planning Board the option to send an application to the Zoning Board of Appeals. This is done in an attempt to move the applications along through the process. It was noted that the Planning Board just received approval authority. This helps clarify situations and gives to the staff and the two boards a more logical order in which things will proceed in terms of a resident's application. This is a clean-up and further clarification of the Village's Code. 4) Adopting the Village of Rye Brook 2005-2006 Annual Budget. RESOLUTION ADOPTING THE VILLAGE OF RYE BROOK 2005-2006 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 18, 2005; and WHEREAS, the Board of Trustees held two budget work sessions on March 28, 2005 and April 6, 2005; and WHEREAS, the Board of Trustees held a public hearing on April 12, 2005 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 March 22, 2005 adopted a resolution establishing base proportions of 72.0217% for homestead properties and 27.9783% for non- homestead properties for the purposes of the 2005-06 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,706,993,851, and based upon the amendments made by the Village Board at the budget work sessions, would result in a homestead tax rate of$3.28 and a non-homestead tax rate of$5.15 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 $9,894,338 tax levy based upon the most updated Assessment Roll provided by the Assessor, which is a 5.33% increase over the 2004-05 tax levy; and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the additional $792,228 tax levy for the Special Maintenance Accounts based upon the most updated Assessment Roll provided by the Assessor, which is a 0.00% increase over the 2004-05 tax levy for those accounts; 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 $31,000, an increase in non-property tax revenues by $41,235 and a decrease in the tax levy by $10,235: 2005-06 2005-06 Account Fund/Fee Schedule Tentative Adopted 8160.471 Sanitation Disposal Fees $112,000 $105,000 4540.460 Ambulance Service $93,600 $113,600 3630.199 Safety Inspection Part-time $7,500 $25,500 Recreation Capital Debt New Sprinkler System @ Pine Ridge $100,000 $0 New Camp Pool at Elm Hill $0 $85,000 AJP Rental Fees: Resident- Up to 2 hrs (w/o kitchen) $300 $350 Resident- Up to 3 hrs (w/o kitchen) $400 $450 Resident- Up to 4 hrs (w/o kitchen) $500 $550 Resident- Up to 2 hrs (with kitchen) $400 $450 Resident- Up to 3 hrs (with kitchen) $500 $550 Resident- Up to 4 hrs (with kitchen) $600 $650 Non-Resident- Up to 2 hrs (w/o kitchen) $400 $450 Non-Resident- Up to 3 hrs (w/o kitchen) $500 $550 Non-Resident- Up to 4 hrs (w/o kitchen) $600 $650 Non-Resident- Up to 2 hrs (with kitchen) $500 $550 Non-Resident- Up to 3 hrs (with kitchen) $600 $650 Non-Resident- Up to 4 hrs (with kitchen) $700 $750 (note: security deposit to remain at$250) (note: overtime fee of$75/hr. over 4hrs. to remain the same) Civic Associations $25/hr. $30/hr. Non-Profit Organizations $25/hr. $30/hr. Local groups $25/hr. $30/hr. School Groups $25/hr. $30/hr. Recreation Program Fees: Kindergarten Jr. Sports $60 $65 1 st Grade Jr. Sports $60 $65 2nd Grade Jr. T-Ball $60 $65 Minor League Baseball $90 $95 Major League Baseball $90 $95 Minor League Softball $90 $95 Major League Softball $90 $95 Instructional Volleyball $35 $40 Start Smart $45 $50 Youth Tennis $85 $90 Men's Softball $800 $840 Country Line Dancing (per week) $10 $10 Day Camp: Rye Brook Day Camp (6 week resident) $540 $580 Rye Brook Day Camp (addtl child 6 week resident) $365 $390 Rye Brook Day Camp (after 5116 week resident) $600 $640 Rye Brook Day Camp (addtl child 6 week resident) $365 $390 Rye Brook Day Camp (2 week session) $355 $380 Rye Brook Day Camp (addtl child 2 week session) $240 $255 Rye Brook Day Camp (2 week non-res after 5/1) $405 $435 Rye Brook Day Camp (6 week non-res after 5/1) $765 $820 Teen Travel Camp: 6 - week resident $1,100 $1,100 6 - week resident after May 1 $1,200 $1,200 6 - week non-resident $1,500 $1,500 2 - week resident $600 $600 2 - week non-resident $800 $800 Boys Basketball: Boys Basketball 2-3rd Grade $90 $100 Boys Basketball 4-5th Grade $90 $100 Boys Basketball 6-7th Grade $90 $100 Boys Basketball 8-9th Grade $90 $100 Girls Basketball 2-4th Grade $90 $100 Girls Basketball 5-6th Grade $90 $100 Girls Basketball 7-8th Grade $90 $100 Mid-Day Kinderplay($100 addtl for Fridays) $205 $215 Start Smart $45 $50 Kdg. Floor Hockey $55 $60 1 st Grade Floor Hockey $55 $60 Ice Skating $170 $190 Roller Blade Hockey $35 $40 Girls Fall Softball 3-4 grade $55 $60 Girls Fall Softball 5-6 grade $55 $60 Teen Center($5 at door, $3 for food) $5 $5 Co-ed Volleyball $45 $50 Men's Basketball 8:30 $205 $225 Men's Basketball 10:30 $205 $225 Kdg. Basketball $55 $60 1st Grade Basketball $55 $60 H.S. Pitching Clinic $45 $50 High School Basketball Clinic $45 $50 2nd Grade Floor Hockey $55 $60 Adult Indoor Soccer $40 $45 Tennis Permits: Family $110 $125 Adult $70 $80 Senior $35 $40 Junior $35 $40 Non Resident $180 $200 Athletic Field Use: Resident(per game/practice 2 hr. max) $75 $75 Non-resident (per game/practice 2 hr. max) $150 $150 Rye Hills Park(2 hr. max) $50 $50 Alarm Permits: Burglar and Fire (initial) $50 $75 Annual Renewal $40 $50 Seniors: Burglar and Fire Initial $25 $25 Annual Renewal $20 $20 Burglar Alarm: 1 st Alarm $0 $0 2nd Alarm $25 $30 3rd& 4th Alarm $50 $60 Additional $120 $150 Fire Alarm: 1 st Alarm $0 $0 2nd Alarm $50 $60 3rd&4th Alarm $75 $100 Additional $150 $200 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, 2005; 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 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$9,894,338 for general and capital funds, which based upon the Town of Rye tax roll of$2,706,851 for the Village of Rye Brook, would result in a homestead tax rate of$3.28 and a non-homestead tax rate of$5.15 per thousand of assessed valuation; and be it FURTHER RESOLVED, that the Village Board does hereby authorize the tax levies for the sums of $159,790 for the Water Special Maintenance Account, $245,115 for the Lighting Special Maintenance Account, and $387,323 for the Sewer Special Maintenance Account, using the approved homestead base proportions to determine the tax rates for these special maintenance accounts. Mayor Rand thanked staff for their hard work. This budget reflects an increase of 5.33% as well as many additional services. Everyone is cognizant of the tax burden placed upon residents,but this is a budget that everyone can be proud of. Former Trustee Santon addressed the Board. He noted that he was not present for some of the workshops, and the public hearing, but not everything that has been reviewed at theses sessions are made public notice. He asked for a review of the proposed poolproject at Elm Hill Park. Mr. Bradbury responded that several accounts were modified during the discussion phase. Mayor Rand noted that the pool at Elm Hill Park is up for review. The proposal is for a swimming pool to be constructed at this property. This is not a community swim pool but rather an in ground pool to be used for the summer camp program. This $85,000 that has been placed in the budget may or may not ever be spent. This will be an area of discussion, and the members of the community will be involved. Mr. Ken Heller of Lincoln Avenue addressed the Board. He questioned what the tax increase meant to residents as individuals. Mr. Bradbury responded that the average taxpayer would be seeing an increase of approximately &88.00 over last year. This pertains only to Village taxes. He also noted that this year it is very difficult to discuss averages because of the re-evaluation. Next year it will be much easier to talk about this as apples to apples. In addition, it is now easier for everyone to calculate the tax rate. It was noted that the increase to Day Camp fees is for the summer of 2006. On a motion made by Trustee Buzin, and seconded by Trustee Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) AUTHORIZING CULROSS ASSOCIATES LTD. TO PERFORM PROFESSIONAL SERVICES TO PREPARE A HAZARD MITIGATION PLAN. Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING CULROSS ASSOCIATES LTD TO PERFORM PROFESSIONAL SERVICES TO PREPARE A HAZARD MITIGATION PLAN WHEREAS, the Village of Rye Brook intends to prepare a Hazard Mitigation Plan in accordance with the guidelines established by the Federal Emergency Management Agency (FEMA), that will include an assessment of the Village of Rye Brook's risks and vulnerabilities to potential hazard events, a strategy for minimizing those risks, and an action plan to implement the objectives of the plan; and WHEREAS, the adoption of a Hazard Mitigation Plan, approved by FEMA and the New York State Emergency Management Office (SEMO), is necessary to fulfill the requirements for state and federal assistance programs and will enable the Village of Rye Brook to apply for hazard mitigation grants to assist with the implementation of projects that reduce losses from future hazard events; and WHEREAS, the Village of Rye Brook has received a grant from the New York State Emergency Management Office (SEMO) in the amount of$12,000, ($9,000 NYS/$3,000 local match) to prepare a Hazard Mitigation Plan, with a deadline of September 30, 2005 to complete the grant; and WHEREAS, Frank J. Culross of Culross Associates Ltd. has submitted a letter of proposal dated April 20, 2005 to coordinate the development of a draft Hazard Mitigation Plan for the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes Frank J. Culross of Culross Associates Ltd. to perform professional services to develop a draft Hazard Mitigation Plan for submission to SEMO and FEMA in accordance with the letter of proposal dated April 20, 2005; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign any documents necessary or appropriate to implement the purposes of this resolution. Mr. Bradbury noted that by not having a plan you are excluded from certain funding sources. He recommended that the Village proceed. Mr. Rang called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF SLEEPY HOLLOW TO ADMINISTER A GRANT FOR STORM WATER PERMIT IMPLEMENTATION PROJECTS. Mr. Bradbury read the resolution: RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH THE VILLAGE OF SLEEPY HOLLOW TO ADMINISTER A GRANT FOR STORM WATER PERMIT IMPLEMENTATION PROJECTS WHEREAS, the Village of Rye Brook is participating with sixteen (16) other Westchester municipalities to cooperatively implement two grant programs for the purposes of (1) mapping all municipal storm system outfall locations and (2) to provide an audit of existing municipal storm water regulations and training associated with storm water management projects. These two programs are part of New York State Department of Environmental Conservation (DEC) storm water permitting regulations; and WHEREAS, Rye Brook with the other participating municipalities has been awarded two matching funds grants from the DEC under the Environmental Protection Fund totaling $200,000 (Project #2003WQ16033 and Project #2003WQ162367), to assist in the implementation of its work plans; and WHEREAS, these grants require a matching municipal contribution and Rye Brook with the other participating municipalities are matching the grant cash award through staff time contributions and an initial payment of $2,500. The value of estimated staff and support time for all participating municipalities is $200,000, of which Rye Brook will support approximately $12,500 in combined staff time; and WHEREAS, for the purposes of administration of the awarded grant funds it is necessary for a single municipality to receive the grant and be responsible for the fiscal management of the grants; and WHEREAS, the Village of Sleepy Hollow has elected to provide the administration and management of the grants for the sixteen participating municipalities; NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village of Rye Brook to enter into an agreement with the Village of Sleepy Hollow concerning the administration and management of the awarded grants; and BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the deposit of $2,500 to the Village of Sleepy Hollow to an escrow fund for expenditures related to the grants as fully described in the attached agreement; and, BE IT FURTHER RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to the Village of Sleepy Hollow for the purposes of entering into the subject IMA. On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, the resolution was adopted. Trustee Brown asked if Sleepy Hollow had been contacted regarding the insurance requirement. Mr. Beane noted that his suggestion was to send a letter. He noted that there was a very, very negligible risk. The Village of Rye Brook has to have Workers' Compensation insurance coverage for its employees. That is acceptable to them. Sleepy Hollow will be asked for the same assurance. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 8) SETTING A PUBLIC HEARING DATE TO CONSIDER A LOCAL LAW AMENDING THE ZONING MAP OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE SCENIC ROADS OVERLAY DISTRICT. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A LOCAL LAW AMENDING THE ZONING MAP OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING THE SCENIC ROADS OVERLAY DISTRICT WHEREAS, the Board of Trustees is considering a local law to amend the Zoning Map of the Code of the Village of Rye Brook to add the following road segments to the Scenic Roads Overlay Zoning District: L King Street, from North Ridge Street to the municipal boundary with the Village of Port Chester; 2. North Ridge Street, from Ridge Boulevard to Longledge Drive; and WHEREAS, the proposed local law was referred to the Planning Board by the Board of Trustees on November 9, 2004 for review and comment; and WHEREAS, in conducting a study regarding the addition of road segments to the Scenic Roads Overlay Zoning District, the Village Planning Consultant determined that an additional road segment should be considered as follows: North Ridge Street, from the Hutchinson River Parkway to King Street; and WHEREAS, on April 14, 2005 the Planning Board adopted a resolution by a vote of 7-0, recommending approval of the proposed local law to amend the Zoning Map to add two (2) of the proposed road segments to the Scenic Roads Overlay District, such road segments being: 1. King Street, from North Ridge Street to the municipal boundary with the Village of Port Chester; 2. North Ridge Street, from the Hutchinson River Parkway to King Street. 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 BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing in Village Hall, 938 King Street, Rye Brook, New York on May 24, 2005 at 7:30 p.m. to consider the proposed local law to amend the Zoning Map to add road segments to the Scenic Roads Overlay District. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the resolution was adopted. It was noted that this subject was near and dear to former Trustee Santon's heart. He was invited to attend the public hearing. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) APPROVING MINUTES: January 11, 2005; February 8, 2005; February 15, 2005; March 22, 2005. The minutes were tabled to the next meeting. Mr. Bradbury noted that the Village had received two (2) letters requesting tree plantings of donated trees; one from Mayor Rand and the second from the Reich Family. The areas of the requests are Pine Ridge Park and the Hillandale Circle. These donations must be accepted by the Village Board. On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the gardener was authorized to find a location for the trees at the Hillandale Circle. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND RECUSED On a motion made by Trustee Buzin, and seconded by Trustee Feinstein, the gardener was authorized to find a location for the trees at the Pine Ridge Park. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury noted that Arbor Day has been scheduled for April 29th at noon at Garibaldi Park. This will be a nice event, and everyone is invited. The King Street Field Committee had a meeting scheduled for April 28, 2005 at 8:00 p.m. The final report for the King Street study will be available on the web this week. Two special meetings were scheduled for Monday, May 23, 2005 at the AJP Center on Garibaldi Place. The first meeting, scheduled for 5:30 p.m., would be to review the traffic conditions on Roanoke/Westview. The second meeting, scheduled at 7:00 p.m., would cover two separate topics. The first is the Ridge Manor area regarding the recreation project. The second is a potential basin in that area. There will be discussion and feedback during the meetings. Mr. Bradbury announced two mayoral appointments to Village Committees. He also noted that Mr. Ken Heller has been appointed to the Environmental Counsel. Mr. Bradbury clarified that the application submitted to the Zoning Board of Appeals for Edgewood Drive was submitted prior to the new laws taking effect. Applications currently coming in must go to the Zoning Board first. The legislation now being proposed is a reversal. This means that other Boards could potentially review the application first. Mayor Rand called for members of the public wishing to address the Board. Mr. Ben Miloro stated that the Board of Trustees had been discussing the issue of sidewalk repair within the Village. He asked where this matter stood. Mayor Rand noted that there is an existing policy, but the Board has been discussing a change in that policy, which will help homeowners and would defray the cost. Research has shown that Port Chester has a 50/50 policy in place — the homeowners pay half, the Village pays half. Mr. Bradbury noted that this matter was under review. Former Trustee Santon noted that the review of the sidewalk policy has been kicking around for years. It is now time for the Village to take stock of what we have and what we want. Certain parts of the Village have qualified for grants and sidewalks have been installed. He felt that the current Board should do what prior Boards have not, and set a new policy. Sidewalks create public access and should be considered an important matter. Mr. Miloro noted that a tree on the corner of Hillcrest Avenue needs to be removed. The ants have eaten it and it has now become a safety hazard. This matter was referred to Mr. Carosi and the Public Works Department. OLD BUSINESS: • Advisory Mr. Bradbury noted that the Village requested that F.P. Clark Associates to review Village owned property on Lincoln Avenue. This matter was referred to the Recreation Council. In March the recommendation from the Recreation Council was to keep this property as a nature park — a more passive use — with pathways. Now this matter is back before the Board of Trustees and the Village will reach out to the residents and declare this property as parkland. Then the plans for a nature trail can be implemented. Mr. Bradbury noted that the installation of a parking area and trails would be an inexpensive option. Trustee Buzin noted that the Recreation Council was considering asking the Homeowners' Association of BelleFair to help out the Village by allowing some of their facilities to be used by their neighbors. He felt that the Village should enter into this type of discussion. Mr. Bradbury was instructed to contact the BelleFair Homeowners' Association. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the meeting was adjourned at 10:20 p.m. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk