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HomeMy WebLinkAbout2005-09-13 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 13, 2005-7:30 P.M EXECUTIVE SESSION 6:30 PM: Litigation and Negotiations WORK SESSION 7:00 PM: Sidewalks Program ROLL CALL PLEDGE OF ALLEGIANCE REPORT: Rye Brook Hazard Mitigation Plan Presentation PUBLIC HEARINGS: 1) Consideration of a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to permit twenty-four (24) hour alternate side of the street parking along Highview Avenue, Westview Avenue, Dixon Street, and Roanoke Avenue. 2) Consideration of a modification of an approved site plan for renovations to 14 Rye Ridge Plaza, Win Ridge Realty, LLC, on behalf of Landsberg Jewelers. 3) Consideration of a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit the parking of vehicles on the front lawn of any private residence within the Village of Rye Brook. RESOLUTIONS: 1) Adopting the Rye Brook Hazard Mitigation Plan. 2) Adopting a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to permit twenty-four(24)hour alternate side of the street parking along Highview Avenue, Westview Avenue, Dixon Street, and Roanoke Avenue. 3) Approving modification of an approved site plan for renovations to 14 Rye Ridge Plaza, Win Ridge Realty, LLC, on behalf of Landsberg Jewelers. 4) Adopting a proposed local law to amend Chapter 240 of the Code of the Village of Rye Brook to prohibit the parking of vehicles on the front lawn of any private residence within the Village of Rye Brook. 5) Considering a resolution regarding KF LLC Rye Brook litigation. Board of Trustees Meeting September 13,2005 Page 1 6) Setting a public hearing date to consider a proposed local law amending Chapter 196 of the Code of the Village of Rye Brook to distinguish between the use of satellite earth station antennas upon residential and commercial properties, and to exempt certain satellite earth station antennas from permit, licensure and regulatory requirements. 7) Setting a public hearing date to consider a proposed local law amending Chapter 250 the Village Code regarding nonconforming uses, structures and lots. 8) Approving the collective bargaining agreement with the Rye Brook Highway Department and Parks Personnel Local 456, International Brotherhood of Teamsters. 9) Awarding Contract#05-02, one (1) cubic-yard-contained vacuum leaf loader. 10) Authorizing the Village of Rye Brook to enter into an inter-municipal agreement with Westchester County for the Rich Manor Park Water Quality Enhancement Project. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: September 27, 2005 and October 11,2005 Board of Trustees Meeting September 13,2005 Page 2 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 Nicolas Ward Willis, Village Counsel Marilyn Timpone Mohamed, Village Consultant Victor Carosi, Village Engineer Theodore Sabato, Chief of Police Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Lawrence Rand welcomed everyone to the September 13, 2005 Board of Trustees Meeting. He called the meeting to order with the Pledge of Allegiance. Before the business of the meeting began, Mayor Rand took a few moments to discuss the catastrophe caused by Hurricane Katrina. He noted that several residents of Westchester County have given of themselves and helped the people in Mississippi, Louisiana, and Tennessee who were in need. On behalf of Rye Brook four individuals were thanked for their special efforts: Susan Turkell, Dana Briten, Marvin Adler, Alice Schoen. Mayor Rand called for the Hazard Mitigation Plan Report. REPORT RYE BROOK HAZARD MITIGATION PLAN PRESENTATION Mr. Christopher Bradbury, Village Administrator, addressed the Board. He noted that Mr. Frank J. Culross of Culross Associates, Ltd. was retained by the Village to work on the Hazard Mitigation Plan. He called upon Mr. Culross for his report. Mr. Culross addressed the Board. He began his presentation by noting that he has been working with the Village's staff for the past five months. The plan is now on the Village's website. The goal was to create a plan to mitigate the impact and reduce the loss of life and damage, and to increase the Village's preparedness. This process began for Rye Brook began in 2003, when the community participated in a hazard analysis. No high risk was identified in Rye Brook. A committee reviewed the existing Rye Brook response. The existing plan has been upgraded, and mitigation strategies have been created for each hazard identified. The next step is for Village Board to consider the mitigation plan, and then implement it. Once the plan is approved, the goal will be to make sure that it is updated every five (5)years. Board of Trustees Meeting September 13,2005 Page 3 Trustee Paul Rosenberg noted that some of the steps in the plan are big budget items. He questioned whether by adopting this plan everything needed to be implemented immediately. Mr. Culross noted that the plan identifies things that could be mitigated. There are opportunities to work with other communities to reduce costs. He pointed out that that this is a plan in process. Mr. Bradbury noted that only two other municipalities have a Mitigation Plan in place. The State will review the plan and give the Village feedback on it. Some training areas have been identified. This has been a very helpful process, and this is just the beginning. There are opportunities to procure grant money, and as the process continues this area will be explored. It was also noted that a disaster response plan has also been identified. With the consensus of the Board, Mayor Rand called for the resolution on this matter. RESOLUTIONS: 1) ADOPTING THE RYE BROOK HAZARD MITIGATION PLAN. RESOLUTION ADOPTING THE RYE BROOK HAZARD MITIGATION PLAN WHEREAS, on April 26, 2005, the Village of Rye Brook authorized Frank Culross, of Culross Associates Ltd. to prepare a Hazard Mitigation Plan in accordance with the guidelines established by the Federal Emergency Management Agency(FEMA), that includes an assessment of the Village of Rye Brook's risks and vulnerabilities to potential hazard events, strategies 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, on May 27, 2005, Christopher J. Bradbury appointed seven (7) village staff members to serve on the Village of Rye Brook Hazard Mitigation Steering Board of Trustees Meeting September 13,2005 Page 4 Committee to help identify hazards in Rye Brook, and assist in the development of a plan that would mitigate those disasters and reduce potential loses; and WHEREAS, on August 9, 2005, Frank Culross and the Rye Brook Hazard Mitigation Steering Committee presented the draft Hazard Mitigation Plan during a Public Comment meeting. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the Rye Brook Hazard Mitigation Plan and requests that the plan be submitted to SEMO and FEMA in accordance with the SEMO grant deadline; and BE IT FURTHER RESOLVED, that the Mayor is authorized to sign any documents necessary or appropriate to implement the purposes of this resolution. On a motion made by Trustee Feinstein, 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 The Board returned to the agenda, and the first item under public hearings was called. PUBLIC HEARINGS: 1) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PERMIT TWENTY- FOUR (24) HOUR ALTERNATE SIDE OF THE STREET PARKING ALONG HIGHVIEW AVENUE, WESTVIEW AVENUE, DIXON STREET, AND ROANOKE AVENUE. The public hearing was opened by noting that the issue being dealt with was parking on these roads in response to a recommendation made by the Traffic Committee. This issue arose out of safety concerns for the residents in this area. It is important to note that some emergency response vehicles could have trouble accessing the area. Mayor Rand turned to the public for comments and questions. Board of Trustees Meeting September 13,2005 Page 5 Ted Digiacomo, of 16 Highview Avenue, addressed the Board. He noted that this neighborhood is extremely crowded. The homes are very close together, and driveways cannot hold the amount of cars that come from each house. He noted that the first part of Dixon Street is much more narrow than the rest of the street. If there the Village restricted parking on one side of the road it would open the street up. However, restricting parking on the entire street would cause a burden on the residents. Everyone agrees that limiting parking to one side of the road would open it up for emergency vehicles,however, it is important to ascertain where the displaced cars would end up. A resident of 7 and 9 Roanoke Avenue addressed the Board. She noted that there are five houses on this dead end and about 35 cars. Many of the homes in this area contain illegal apartments, which result in overcrowding. Restricting the parking will have an adverse effect on the homeowners. She felt that the crux of the matter was the overcrowding. Mayor Rand noted that the Board held a work session on this matter. The Village is aware of the overcrowding problems in this neighborhood, and is following procedures regarding review of this matter. At this time the primary concern is the safety of the residents in this area. Emergency equipment must be able to enter this area. A resident of 16 Highview Avenue addressed the Board questioned the reasoning behind the proposed change. Mayor Rand reiterated that the Village was responding to safety concerns in this area. Emergency vehicles cannot access these roadways. Mr. Bradbury noted that the Traffic Commission reviewed this matter. Ms. Digiacomo stated that she has lived on this street for 40 years and never heard of a problem of emergency vehicles having difficulty entering this area. Mayor Rand noted that this change is for the benefit for the residents in this area. A resident of 25 Westview Avenue addressed the Board. He noted that the idea of restricted parking is not making the residents happy. The size of the cars are increasing— and the number of cars are increasing. Most families own more than one car and although there are driveways, six (6) cars cannot fit in a driveway. He suggested no parking within 25' of the intersections to allow for vehicles to access these roadways. He also expressed concern in connection with the service and maintenance of the roadways, noting that there are potholes and cracks in the roads. Trustee Buzin noted that one-side of the street parking will not only allow access for emergency vehicles, it will also help the Village maintain these roadways. Mr. Bradbury responded that he would direct the Village's staff to go out and look at the streets. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that this section of the Village is overcrowded. Prohibiting parking on the streets means that people will have to find an alternative to parking and that could be on their front yard. The real problem stems from overcrowding and he felt that the housing code must be reinforced. The impact of whatever decision the Board of Trustees chooses must take into consideration the residents and the impact on them. Board of Trustees Meeting September 13,2005 Page 6 Mr. Cervi of Dixon Street addressed the Board. He reminded everyone that the biggest concern is the safety of the residents, and one-side of the street parking is a viable answer to the problem. He asked that everyone understand that this is a very serious problem. A resident of 250 South Ridge Street addressed the Board. He stated that he never had problem with parking and driving on these roads. He noted that he has two children who have cars, as does he and his wife. These days everyone has more than one car, and restricting the parking on these streets means that 100 cars will not have a place to park. A resident of 40 Roanoke Avenue addressed the Board. He suggested that no parking in the intersection be considered versus prohibiting parking on one side of the street. Mayor Rand stated that the public hearing would remain open to October 11, 2005. He asked that Mr. Bradbury contact the shopping centers to see if they could be utilized for evening parking. The objective is to put the safety of the residents first. On a motion made by Trustee Feinstein, and seconded by Trustee Rosenberg, the public hearing remained open. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING NAY TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 2) CONSIDERATION OF A MODIFICATION OF AN APPROVED SITE PLAN FOR RENOVATIONS TO 14 RYE RIDGE PLAZA, WIN RIDGE REALTY, LLC, ON BEHALF OF LANDSBERG JEWELERS. Steven M. Silverberg of Silverberg Zalantis LLP addressed the Board as legal counsel for the applicant. He began by noting that the applicant was proposing a 90 square foot increase to the footprint of the building. This is a relatively minor site plan modification. This site was previously utilized as a jewelry store and the applicant was simply looking to square off a notch in the front of the building. The application has been reviewed by the Planning Board and the applicant was now requesting approval from the Board of Trustee as they were anxious to take possession of the store. The architect for the applicant noted that the additional 90 square feet would be the vestibule area. Mayor Rand called for comments from members of the public. There being none, he turned to the Board for comments, questions, or a motion to approve. Board of Trustees Meeting September 13,2005 Page 7 On a motion made by Trustee Rosenberg, and seconded by Trustee Buzin, 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 Mayor Rand called for the resolution on this matter: 3) APPROVING MODIFICATION OF AN APPROVED SITE PLAN FOR RENOVATIONS TO 14 RYE RIDGE PLAZA, WIN RIDGE REALTY, LLC, ON BEHALF OF LANDSBERG JEWELERS. RESOLUTION APPROVING MODIFICATION OF AN APPROVED SITE PLAN FOR RENOVATIONS TO 14 RYE RIDGE PLAZA,WIN RIDGE REALTY, LLC, ON BEHALF OF LANDSBERG JEWELERS WHEREAS, Landsberg Jewelers has made an application to the Village of Rye Brook for site plan approval of a 90 square-foot increase to the building known as 14 Rye Ridge Plaza at the Rye Ridge Shopping Center, Rye Brook, New York, in the C1-P Zoning District, Section 1, Block 22, Lots 3, 3A and 4A-A on the map of the Tax Assessor; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-LA (1) of the Village Code; and WHEREAS, on July 18, 2005 the Planning Board recommended approval of the modified Site Plan, Sheet SP-1 dated July 28, 2005, indicating the addition of one (1) parking space to the site plan; and WHEREAS, the subject application was referred to the Westchester County Department of Planning for the purpose of notification only and acknowledgement of the referral was received on July 7, 2005; and WHEREAS, on September 13, 2005, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on September 13, 2005; 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 consultant and staff; and Board of Trustees Meeting September 13,2005 Page 8 WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project; and NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines that the proposed modifications to the approved site plan are minor in nature and hereby approves the modified site plan, Sheet SP-1 dated July 28, 2005. On a motion made by Trustee Rosenberg, 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 Mayor Rand called for the third public hearing on the agenda. PUBLIC HEARING 3) CONSIDERATION OF A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT THE PARKING OF VEHICLES ON THE FRONT LAWN OF ANY PRIVATE RESIDENCE WITHIN THE VILLAGE OF RYE BROOK. Mr. Bradbury that this matter was brought to the attention of the Village. Many residents have been parking on their front lawns, which is in violation of the Village's Code. It also adversely effects the character of the Village. Mayor Rand opened the public hearing up to members of the public, calling for comments and questions. A resident of Westview Avenue questioned where a lawn begins and where the Village's right-of-way ends. Mr. Bradbury noted that the intent of this amendment to the Village's Code is to prohibit residents from parking on their front lawn, not in the right-of-way which begins where the street ends and the lawns begin. Mr. Ken Heller suggested a way to help with the parking problems in the Village would be to widen the roads. This would give the residents the parking spaces that are needed, and would effectively widen the ingress and egress to many areas. He also suggested that the Village consider allowing residents to enlarge their driveways. Board of Trustees Meeting September 13,2005 Page 9 Nicholas Ward Willis, Esq., Village Counsel, addressed the Board. He read the definition of the lawn from the Village's Code. Mayor Rand noted that there is a density problem in this area, and to add to the problem the roads are narrow. Mr. Bradbury noted that if a resident was interested in extending their driveway, there is an application process in place and they can contact the Village's Building Department to discuss the matter further. On a motion made by Trustee Brown, and seconded by Trustee Buzin, 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 Mayor Rand called for the resolution on this matter. 4) ADOPTING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE CODE OF THE VILLAGE OF RYE BROOK TO PROHIBIT THE PARKING OF VEHICLES ON THE FRONT LAWN OF ANY PRIVATE RESIDENCE WITHIN THE VILLAGE OF RYE BROOK. Mr. Bradbury read the resolution: Board of Trustees Meeting September 13,2005 Page 10 RESOLUTION ADOPTING A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 THE VILLAGE CODE TO PROHIBIT THE PARKING OF VEHICLES ON THE FRONT YARD OF ANY PRIVATE RESIDENCE WITHIN THE VILLAGE OF RYE BROOK WHEREAS, the Building Department has recommended that Chapter 240 of the Village Code be amended to prohibit the parking of any vehicles on the front yard of any private residence within the Village of Rye Brook; and WHEREAS, a local law has been proposed to amend Chapter 240 regarding the above-referenced recommendation. WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on September 13, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on September 13, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law to amend chapter 240 of the Code of the Village of Rye Brook to prohibit the parking of any vehicles on the front yard of any residence within the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Rosenberg, 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 Board of Trustees Meeting September 13,2005 Page 11 5) CONSIDERING A RESOLUTION REGARDING KF (LLC RYE BROOK) LITIGATION Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A RESOLUTION REGARDING KF LLC RYE BROOK LITIGATION WHEREAS, the Board of Trustees has reviewed a Stipulation of Settlement (the "Stipulation") in various litigations all of which are entitled KF (Rye Brook), LLC and Border Properties, Inc. v. Village of Rye Brook and Board of Trustees of the Village of Rye Brook, bearing Index Nos. 18632-2004, 19939-2004, and 02532-2005; and WHEREAS, the Stipulation was considered at a public meeting on September 13, 2005; and WHEREAS, the public was afforded an opportunity to comment on the Stipulation. NOW THEREFORE, BE IT RESOLVED, the Board of Trustees hereby authorizes the Mayor to execute the Stipulation, subject to the terms and conditions contained therein, on behalf of the Village of Rye Brook and the Board of Trustees of the Village of Rye Brook. On a motion made by Trustee Buzin, and seconded by Trustee Brown, the matter was opened for discussion . Edward Beane, Esq. began the discussion on this matter. He noted that it involved litigation in connection with the Garden Inn application. The applicant proposed to construct a hotel on property located at the corner of King Street and Anderson Hill Road. In March of 2005, the Village met with the various parties involved in this litigation. The hotel project has been on hold, while the Village moved forward on changing the zoning. The change would result in the property being zoned for 43 residential units versus a hotel. Nicholas Ward-Willis, Esq., Village Counsel, made a presentation on this matter. He noted that the application had been going through the process when the Village's consultant made several comments that the applicant did not agree with. The result was the litigation. As part of the settlement, the applicant has agreed to revise the DEIS to address the comments made by the Village's consultant. Mr. Ward-Willis noted that the concept plan for the residential units is similar to a concept plan submitted in 1988. However, the applicant is still working on the plan for Board of Trustees Meeting September 13,2005 Page 12 the Garden Inn while the Village is moving forward in an attempt to change the zoning for this area. Mayor Rand noted that the traffic situation in this area is a major factor. The resolution has been drafted with input from all sources, including the Homeowners at Doral Greens and the Blind Brook County Club. There is a lot of pressure to move forward, and many very short time frames. Trustee Feinstein and Trustee Rosenberg both felt that some of the timeframes were too short. Edward Beane, Esq., Village Counsel, noted that the timeframes are doable, but they are also flexible. Mr. Keith Rang, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 6) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 196 OF THE CODE OF THE VILLAGE OF RYE BROOK TO DISTINGUISH BETWEEN THE USE OF SATELLITE EARTH STATION ANTENNAS UPON RESIDENTIAL AND COMMERCIAL PROPERTIES, AND TO EXEMPT CERTAIN SATELLITE EARTH STATION ANTENNAS FROM PERMIT, LICENSURE AND REGULATORY REQUIREMENTS. Mr. Bradbury read the resolution: RESOLUTION ADOPTING A PROPOSED LOCAL LAW AMENDING CHAPTER 196 OF THE CODE OF THE VILLAGE OF RYE BROOK TO DISTINGUISH BETWEEN THE USE OF SATELLITE EARTH STATION ANTENNAS UPON RESIDENTIAL AND COMMERCIAL PROPERTIES, AND TO EXEMPT CERTAIN SATELLITE EARTH STATION ANTENNAS FROM PERMIT, LICENSURE AND REGULATORY REQUIREMENTS WHEREAS, a local law has been proposed to amend Chapter 196 of the Code of the Village of Rye Brook regarding satellite earth stations; and Board of Trustees Meeting September 13,2005 Page 13 WHEREAS, on July 26, 2005 the Village of Rye Brook Board of Trustees referred the proposed local law to the Technology and Communications Commission; and WHEREAS, the Technology and Communications Commission has reviewed the proposed local law and has referred the law back to the Board of Trustees with comments; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on September 27, 2005, at which time all those wishing to be heard on behalf of or in opposition to the proposed local law, or any part thereof, were given the opportunity to be heard and the hearing was closed on September 27, 2005. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook adopts the proposed local law amending Chapter 196 of the Village Code of the Village of Rye Brook to distinguish between the uses of satellite earth station antennas upon residential and commercial properties, and to exempt certain satellite earth station antennas from permit, licensure and regulatory requirements. BE IT FURTHER RESOLVED, that the Mayor and the Village Clerk are authorized to sign all necessary documents to implement the purposes of this resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 7) SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 250 THE VILLAGE CODE REGARDING NONCONFORMING USES, STRUCTURES AND LOTS. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING DATE TO CONSIDER A PROPOSED Board of Trustees Meeting September 13,2005 Page 14 LOCAL LAW AMENDING CHAPTER 250 THE VILLAGE CODE REGARDING NONCONFORMING USES, STRUCTURES AND LOTS WHEREAS, the Building Department has recommended that Chapter 250 of the Village Code be amended regarding nonconforming uses, structures and lots; and WHEREAS, a local law has been proposed to amend Chapter 250 regarding the above-referenced recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on September 27, 2005 at 7:30 p.m., at Village Hall, 938 King Street, Rye Brook, New York to consider a proposed local law to amending chapter 250 of the Village Code regarding nonconforming uses, structures and lots. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 8) APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK HIGHWAY DEPARTMENT AND PARKS PERSONNEL LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS. Mr. Bradbury read the resolution. RESOLUTION APPROVING THE COLLECTIVE BARGAINING AGREEMENT WITH THE RYE BROOK HIGHWAY DEPARTMENT AND PARKS PERSONNEL, LOCAL 456, INTERNATIONAL BROTHERHOOD OF TEAMSTERS RESOLVED, that Village Board hereby authorizes the Village of Rye Brook to enter into a collective bargaining agreement with the Local 456, International Brotherhood of Teamsters bargaining unit, representing employees of the Rye Brook Board of Trustees Meeting September 13,2005 Page 15 Highway and Parks Departments, for the period of June 1, 2004 to May 31, 2007, based upon the terns and conditions set forth in the stipulation of agreement dated August 25, 2005, which is hereby ratified on behalf of the Village of Rye Brook; and be it BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution was adopted. Mr. Bradbury noted that the contact has been in negotiation, and it includes increases. It also addressed a change in the health insurance, and includes a seniority clause. It was noted that the current contract expired in 2004, and the employees have been working without a contract since that time. All parties believe this to be a fair negotiation. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 9) AWARDING CONTRACT #05-02, ONE (1) CUBIC-YARD-CONTAINED VACUUM LEAF LOADER. Mr. Bradbury read the resolution. RESOLUTION AWARDING CONTRACT #05-02 ONE(1)25 CUBIC-YARD SELF-CONTAINED VACUUM LEAF LOADER WHEREAS, the Village of Rye Brook has solicited bids for Contract 05-02 "One (1) 25 Cubic-yard self-contained vacuum leaf loader"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on July 29, 2005 and August 3, 2005; and Board of Trustees Meeting September 13,2005 Page 16 WHEREAS, at 10:00 a.m., Friday, August 12, 2005, all bids received were opened as summarized below; and BIDDER BID AMOUNTBID SECURITY TRIUS, INC. $ 34,156.00 YES O.D.B. COMPANY $ 36,000.00 NO WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Trius, Inc. for their bid price of$34,156.00, NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #05-02 "One (1) 25 Cubic-yard self-contained vacuum leaf loader" is hereby awarded to Trius, Inc. for the bid price of $34,156.00; and BE IT FURTHER RESOLVED, that $2,156 in funds be transferred from Capital Account 901.5110.200 Highway Equipment to Capital Account reserved for the purchase of the leaf loader, and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. On a motion made by Trustee Feinstein, and seconded by Trustee Buzin, the resolution was adopted. Victor Carosi, Village Engineer, noted that the equipment will be delivered in time for the coming season, probably by the end of October. The Village has three leaf blowers ready for the beginning of the season. TRUSTEE BROWN VOTING AYE TRUSTEE BUZIN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 10) AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR THE RICH MANOR PARK WATER QUALITY ENHANCEMENT PROJECT. Board of Trustees Meeting September 13,2005 Page 17 Mr. Bradbury read the resolution. RESOLUTION AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR THE RICH MANOR PARK WATER QUALITY ENHANCEMENT PROJECT WHEREAS, the Village of Rye Brook desires to enter into an agreement with Westchester County concerning the Rich Manor Park Water Quality Enhancement Project; and WHEREAS, pursuant to said agreement, the Village of Rye Brook shall permit the County access to its property to undertake the project, which is designed to improve the water quality of and fish habitat of Long Island Sound. 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 Westchester County subject to review and approval of said agreement by the Village Attorney; and BE IT FURTHER RESOLVED, that the Mayor and Village Clerk are authorized to execute and deliver all necessary documents to accomplish the purpose of this resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. Mr. Bradbury noted that Westchester County has developed a plan to improve water quality in the part of the Blind Brook that goes through Ridge Manor Park. The work should begin in mid-October and will continue for a number of years. Mayor Rand noted that although this was not a public hearing, the Board would entertain very brief statements on this matter. Lina Accurso, a resident of the area, addressed the Board. She presented the Board with a petition from the residents of the effected area in protest. She felt that there was a lack of due diligence in not conducting health and safety research. She stated that, in her opinion, this was a misguided and ill-conceived project. It was noted that the Brook stars at the airport and ends in the Sound. Residents cannot understand how cleaning up one section would do any good. It was also noted that keeping the grass short helps prevent West Nile. She felt that additional research was warranted. Board of Trustees Meeting September 13,2005 Page 18 Mayor Rand thanked Ms. Accurso for her comments. He reminded her that this was not a public hearing. Trustee Feinstein felt that the schedules in the proposal were not complete. Mr. Beane noted that the agreement was between the Village and the County. He stated that the agreement was in sufficient form for the Village Board to vote on it. Mr. Bradbury stated that there was a deadline for acceptance by the County. Trustee Buzin tried to differentiate this particular resolution with other issues. He pointed out that this resolution does not have to do with property boundaries. It is a complete and separate issue. The residents have concerns regarding what the County and its contractors will do. He felt that their concerns should be heard as their concerns are legitimate issues. However, no one has offered a mitigation plan or an alternative proposal. The Village would like to mitigate the impact on the neighbors, but he reminded everyone that this is an enhancement project and it should not be used to offset the border issues. This project is about the Brook and not about encroachments or boundaries. Mayor Rand noted that there is confusion between what constitutes the boundary between a Village owned parcel and the individual residents. Years ago the Village, used taxpayer funds to conduct surveys because of encroachment by residents on Village land. Funds were also allocated to build a split rail fence to clearly delineate the property boundary line to clearly show what is owned by the people of Rye Brook and several residents. The construction of the fences was not moved forward. The Village is trying to protect the land that belongs to all members of the community. All physical encroachments were required to be removed. There are now no encroachments on Village property today. This IMA gives the Village an opportunity to use government funds to deal with water quality and invasive plant species. The Board went beyond this and allowed adjacent resident to use a 15' buffer on Village land. The Village has a right to put the fence up on the boundary. Mayor Rand reiterated that the Village intends to protect the land that belongs to all Rye Brook residents. 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 the ball fields project is progressing. This has been a complicated project. He thanked everyone for their dedication and hard work. Board of Trustees Meeting September 13,2005 Page 19 Mr. Bradbury noted that the Port Chester High School parking permits have been issued. Permits have been issued to teachers and staff. The Police Department is aggressively enforcing the parking around the high school. This matter will continued to be monitored, and discussions will continue between the residents of the area and the Port Chester School District. It was noted that the sidewalk works on Meadowlark was completed prior to school opening. The Village is working with the Village of Port Chester and the Port Chester Library Board on a name change for the Port Chester Library. Con Edison has completed the work on Ridge Street. It is now time for the restoration work. The sidewalks were completed a few days after the start of the new school year, and the additional work will continue until completion. NEW BUSINESS Mr. Ben Miloro of Hillcrest Avenue addressed the Board. He expressed his concerns regarding the parking near the High School. He felt that the permits meant that the students would park further down on Hillcrest. Mayor Rand responded that the Traffic Committee was reviewing this matter. Mr. Miloro felt that some residents of the area were not in favor of the parking permits. Mayor Rand noted that several open meetings were held and resident input was taken into consideration prior to the decision being made. The Port Chester School District was also involved. There being no further business before the Board, Mayor Rand noted that the Board would be going into an Executive Session. The meeting was adjourned at 9:50 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees Meeting September 13,2005 Page 20