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HomeMy WebLinkAbout2009-01-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 27,2009-7:30 P.M. AGENDA 7:00 PM–Executive Session – Litigation & Personnel ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS RESOLUTIONS: (1) Considering the authorization of funds for consultative services regarding cable television improvements (2)Appointing inspectors of election – Village of Rye Brook March 18, 2009 (3) Setting a Public Hearing to consider a special use permit application for a telecommunications facility at 211 South Ridge Street (4) Referring a proposed local law regarding waiver provisions in section 209-3E of the Village Code to the Village Planning Board for report and recommendation (5) Referring a proposed local law regarding survey requirements in section 209-3C of the Village Code to the Village Planning Board for report and recommendation (6)Approval of Minutes – November 12, 2008; November 25, 2008; December 9, 2008 Board of Trustees Meeting January 27,2009 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: (1) Recreation zone study authorized in September, 2003 ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: 2/10/09 and 2/24/09 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Dean P. Santon Excused: Trustee Patricia Sanders Romano STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Victor Carosi, Village Engineer Edward Beane, Village Counsel Fred Seifert, Public Access Coordinator Paula Patafio, Secretary Mayor Joan L. Feinstein welcomed everyone to the January 27, 2009 regular meeting of the Board of Trustees. She noted that the Board held an Executive Session prior to the Board meeting to discuss litigation and personnel. Board of Trustees Meeting January 27,2009 Page 2 Mayor Feinstein noted that with the consensus of the Board one matter would be taken out of order. She called for Resolution #3: 3) SETTING A PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT APPLICATION FOR A TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE STREET Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT APPLICATION FOR A TELECOMMUNICATIONS FACILITY AT 211 SOUTH RIDGE STREET RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on February 10, 2009 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, NY to consider a proposed special use permit application by MetroPCS for a telecommunications facility at 211 South Ridge Street. On a motion made by Trustee Dean Santon and seconded by Trustee Patricia Sanders Romano, the resolution was adopted. Daniel Laub, Esq., of the firm of Cuddy and Feder addressed the Board. He noted that the matter has been before the Planning Board, and suggestions and comments have been accepted by the applicant. In response to these comments the applicant has made changes to the original plans. The recommendations made by the Planning Board, and the applicants' response, will be reviewed during the public hearing. Trustee Sanders Romano noted that there were a number of recommendations made by the Planning Board. Mr. Laub noted that the recommendations will be reviewed at the public hearing. It was noted that the Village's Consultant, Michael Musso, has reviewed the plans and he will be in attendance at the public hearing. Trustee Santon noted that one of the concerns from the Planning Board was the rooftop equipment structure. He suggested creating space in the Board of Trustees Meeting January 27,2009 Page 3 parking garage area for the equipment storage unit. Mr. Laub noted that the parking is already tight and putting the equipment in the garage would take away several of the much needed parking spaces. Mr. Laub stated that he would address this matter with the landlord to see if there were any alternatives. Mayor Feinstein noted that the applicant has provided the Village with photo simulations. This information will be available at the public hearing. Mr. David Burke, Assistant to the Village Administrator, called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein returned to the order of the agenda, and called for resolution#1: RESOLUTIONS: 1) CONSIDERING THE AUTHORIZATION OF FUNDS FOR CONSULTATIVE SERVICES REGARDING CABLE TELEVISION IMPROVEMENTS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR CONSULTATIVE SERVICES REGARDING CABLE TELEVISION IMPROVEMENTS WHEREAS, the Village desires to upgrade its current cablecast system from analog to digital, allow for two separate and distinct cable broadcasts and employ a web based digital signage system; and Board of Trustees Meeting January 27,2009 Page 4 WHEREAS, the Technology and Communications Commission reviewed several different products and believes the Tightrope Media System would best accomplish these goals; and WHEREAS, a Request For Proposal (RFP) was distributed to seven (7) authorized retailers of the Tightrope Media System and two (2) responses were received; and WHEREAS, after review of the proposals, the Technology and Communications Commission unanimously agreed Adwar Video of 125 Gazza Blvd, Farmingdale, NY should be chosen to perform the necessary study to evaluate our current cable television systems, assess our current needs and design a framework to integrate the Tightrope Media System. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes funds in the amount of two thousand seven hundred and fifty dollars ($2,750) to perform phase I of the aforementioned study be appropriated from the designated cable PEG capital funds. On a motion made by Trustee Sanders Romano and seconded by Trustee Michael Brown the resolution was adopted. Mr. David Burke, Assistant to the Village Administrator, gave the Board a brief overview of this project. He stated that the resolution before the Board authorizes the first Phase of this project. The cable cast system does not allow for two distinct channels. This new system will allow for one channel for public access and one channel for government access. It involves a change from analog to digital. Currently the tapes are played on a VCR. In order to accomplish the Village's goal the Technology Commission explored different means. Other municipalities are currently utilizing this technology, which is a web-based system. It will get all of the departments within the Village thinking about communication with the residents. The matter was put out to bid from companies in New York, Connecticut, and Northern New Jersey. The company chosen will evaluate the Village's needs and the existing cable installations. This matter has been under review by the Technology and Communications Commission. Board of Trustees Meeting January 27,2009 Page 5 Trustee Rosenberg noted that currently the meetings are recorded onto a videotape and then played over the cable using that tape. This current system can only manage seven meetings at a time while the new system can manage airing many more meetings. A large percentage of the time residents are looking at bulletin boards. With the Tightrope system you can just chose the meetings that you want played. Everything is done through a web browser. All of the department heads can create and put up their own slides. Templates are used for inputting the required information. The program guide automatically updates when a tape is moved to a different time slot. One system can manage two channels. This will give the Village the opportunity to open up the public access channel to the residents. It is a comprehensive system. This first phase is the design phase. At this time the Village broadcasts on a total of four cable channels — each cable provider has two channels. The funds used to review this system will come from Verizon and Cablevision. Mr. Christopher Bradbury, Village Administrator, noted that this is a complicated project. First you need professional services and then you can purchase supplies "off the shelf." Trustee Sanders Romano questioned what other municipality use this technology. Mr. Burke stated that White Plains has used it, as well as the City of Yonkers. Trustee Santon asked if White Plains and Yonkers still use this system. Trustee Michael Brown noted that the Village has the estimates for Phase II but the numbers can change. Mr. Burke responded that the design can be completed in 30 days and then it will be reviewed by Village Staff, Consultants, and the Technology and Communications Commission. Trustee Rosenberg noted that this is one of the toughest projects that the Technology and Communications Commission has addressed. He thanked the Commission and Mr. Burke for his work on this project. Trustee Santon questioned how long Tightrope has been in business. He wanted to be sure that they would be around in future years to service the Village. Trustee Rosenberg noted that there were very few companies out there that make this type of equipment. Currently there are many municipalities across the country using this system. Board of Trustees Meeting January 27,2009 Page 6 Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 2) APPOINTING INSPECTORS OF ELECTION — VILLAGE OF RYE BROOK MARCH 18, 2009 Mr. Bradbury read the following resolution: RESOLUTION INSPECTORS OF ELECTION VILLAGE OF RYE BROOK—MARCH 18, 2009 RESOLVED, that pursuant to Section 15-116 of the Election Law, there shall be a minimum of two (2) Inspectors of Election for each Election District in the Village Election to be held on Wednesday, March 18, 2009 from 7:00 a.m. to 9:00 p.m.; and be it further resolved that the Village Clerk may adjust the locations of the appointed list of inspectors in the event there are vacancies. FURTHER RESOLVED, that the following Chairpersons, Inspectors of Election and Alternate Inspectors be hereby appointed: 920 Mary Haeger, Chair 56 C Avon Circle PCMS 920 Rita Barnhart 47A Avon Circle PCMS 921 Barbara Gerardi, Chair 6 Monroe Place PCMS Port Chester 921 Teresa Cervi 1 Dixon Street PCMS 922 Pat Wagner, Chair 8 Woodland Avenue BBHS 922 Barbara Nardi 10 Woodland Avenue BBHS 922 Maria Silvestri 94 Avon Circle Apt IA BBHS 923 Marie Martin, Chair 19 Perry Avenue RSS Port Chester Board of Trustees Meeting January 27,2009 Page 7 923 Marilyn Kowalcyk 7 1 D Avon Circle RSS 926 Mildred DiSanto, Chair 151 North Ridge Street PCHS 926 Jean Mendicino 81 Hillcrest Avenue PCHS 926 Phyllis Fratarcangeli 147 North Ridge Street PCHS 927 Belle Harris, Chair 12 Rock Ridge Drive RSS 927 Marion Aicher 17 Rock Ridge Drive RSS 927 Flo Gianfransico 32 Louis Court RSS 929 Barbara Celestino, Chair 19 Rock Ridge Drive RSS 929 Emily Groglio 5 Paddock Road RSS 929 Marion Pavone 187 Neuton Avenue (PC) RSS 930 Linda Fricke, Chair 108 Old Orchard Road BBHS 930 Mindy Aronowitz 1626 Mamaroneck Avenue BBHS Mamaroneck 931 Josephine Campagna, Chair 45 High Point Circle BelleFair 931 Norma Muto 14 BelleFair Blvd. BelleFair 931 Chris Dungan 6 High Point Circle BelleFair ALTERNATES: PETER BRANCUCCI 40 Tree Top Crescent SY VINOPALL 48A Avon Circle LUCILLE SCINTO 43B Avon Circle DANIELLE FORTA 91 Avon Circle On a motion made by Trustee Sanders Romano, and seconded by Trustee Santon, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) REFERRING A PROPOSED LOCAL LAW REGARDING WAIVER PROVISIONS IN SECTION 209-3E OF THE VILLAGE CODE TO Board of Trustees Meeting January 27,2009 Page 8 THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW REGARDING WAIVER PROVISIONS IN SECTION 209-3E OF THE VILLAGE CODE TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed local law to the Planning Board for report and recommendation. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown the resolution was adopted. The Village Board is working its way through the Village Code, making amendments and corrections. These proposed amendments to the local law will make some revisions that will clean up this portion of the Code. The Building Inspector and Village Engineer can make recommendations and the Board will consider these recommendations when making its determinations. Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5) REFERRING A PROPOSED LOCAL LAW REGARDING SURVEY REQUIREMENTS IN SECTION 209-3C OF THE VILLAGE CODE Board of Trustees Meeting January 27,2009 Page 9 TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW REGARDING SURVEY REQUIREMENTS IN SECTION 209-3C OF THE VILLAGE CODE TO THE VILLAGE PLANNING BOARD FOR REPORT AND RECOMAWNDATION NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby refers the proposed local law to the Planning Board for report and recommendation. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was adopted. Mr. Bradbury gave a brief presentation on this matter. This issue recently came to light when an architect used an old survey. When the work was completed no as-built survey was created. The next time the same applicant did work on their home it was discovered that the previous worked required variances because of incorrect information provided by the architect. Trustee Brown felt that re-doing a survey every year is a bit burdensome. Trustee Rosenberg stated that he was also concerned about the one year clause as updated surveys are expensive. Trustee Santon noted that the recommendation came from the Planning Board Chair. He felt that updating land surveys is a small cost in the big picture. He also noted that when the architect that Mr. Bradbury was referring to created her new plans she used an illegible survey and she misread the numbers. Three years later it was found that the applicant needed a 2 foot side yard variance in order to legalize the work that was done. Site Plan review needs accurate surveys as part of the submissions. An accurate survey is a very important tool. Mayor Feinstein noted that the Village Engineer has the authority to waive the requirement of an updated survey, however, the approval authority Board of Trustees Meeting January 27,2009 Page 10 needs to have the correct information in order to review site plans, or consider variances. Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) APPROVAL OF MINUTES — NOVEMBER 12, 2008; NOVEMBER 25, 2008; DECEMBER 9, 2008 The consensus of the Board was to hold the summary approvals over to the next meeting in February to allow all Trustees further review. Mayor Feinstein called for an additional resolution: 7) MODIFYING THE VILLAGE OR RYE BROOK LICENSE AND FEE PERMIT SCHEDULE Mr. Bradbury read the following resolution: RESOLUTION MODIFYING THE VILLAGE OF RYE BROOK LICENSE AND FEE PERMIT SCHEDULE RESOLVED, that the Village of Rye Brook License and Fee Permit Schedule is hereby modified effective June 1, 2009 as follows: Athletic Field Use Adopted 1/13/2009 Adopted 1/27/2009 Resident Hourly Rate for $100/hr $50/hr Use of Grass(Non-Turf) 1st 2 hrs 1st 2 hrs Athletic Fields then$25/hr then$25/hr $10,000 for $10,000 for Resident Annual Rate for up to 325 hrs up to 325 hrs Use of Grass(Non-Turf) then$40/hr. then$40/hr. Athletic Fields Board of Trustees Meeting January 27,2009 Page 11 Non-Resident Hourly Rate for $200/hr $100/hr Use of Grass(Non-Turf) 1 st 2hrs 1 st 2hrs Athletic Fields then$50/hr then$50/hr $62.50/hr for 1st 2 lirs. $62.50/hr for 1st 2 lirs. then$50/hr. then$50/hr. Plus 15%discount if Plus 15%discount if Resident Hourly Rate for Use of over over Rye Brook Athletic Fields at 125 hrs.reserved per 125 hrs.reserved per King Street season season $125/hr for 1 st 2 hrs. $125/hr for 1 st 2 hrs. then$50/hr. then$100/hr. Plus 15%discount if Plus 15%discount if Non-Resident Hourly Rate for over over Use of Rye Brook Athletic 125 hrs.reserved per 125 hrs.reserved per Fields at King Street season season $250 per $250 per Use of Concession Bldg.at Rye duration of duration of Brook Athletic Fields field use time field use time Mr. Bradbury noted the changes made to the fee schedule are a clean up of the language used regarding use of the fields. There were three changes made to the fee schedule. Trustee Santon the noted that he would not be able to vote in favor of this resolution. He felt that it was premature for the Board to make this decision with the budget sessions only two months away. He felt that reducing the rates was unfair to the taxpayers who do not utilize these fields and will be subsidizing these private clubs usage of the facilities. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was opened to a vote. Mr. Burke called the roll for the approval of the resolution: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Nay Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Board of Trustees Meeting January 27,2009 Page 12 Mr. Bradbury began his report by highlighting some of the projects that were in progress. He noted that there were bids coming in for the Loch Lane drainage proj ect. LISWIC is working with the municipalities and draft legislation has been submitted. OLD BUSINESS Mayor Feinstein noted that the Village's Comprehensive Plan has been put on hold because of the economic conditions. The consultant had been chosen and a discussion on a contract has been going back and forth. She felt that the Village should revisit what will be done with the Comprehensive Plan. Mayor Feinstein noted this is a good time to take a holistic look at where the Village will be in twenty years and this should be done with the input of the residents. A contract was prepared but the Board never voted on that contract. This is not something that Village has to do, but she felt that the Board should consider this carefully. Trustee Rosenberg noted that the Village Board is very sensitive to the economic conditions. Projects are put out to bid and contractors are chosen by what makes economic sense. He suggested that the Board consider putting the planning consultant position out to bid. He wanted to be sure that the Village was getting the most for its dollars. Trustee Sanders Romano felt that it was a good idea to bring the issue of the Comprehensive Plan back up. Regarding the review of the planning consultants' contract, she felt that this would also be a good idea. Trustee Brown was not sure that this was the right time to review the Village's Comprehensive Plan. He stated that in theory getting bids is a good thing, but he felt that this issue should be discussed further. Mayor Feinstein noted that although the Village is very happy with the firm of F.P. Clark Associates, given the economic conditions it would not hurt to take a look at this contract. In addition, reviewing this service does not mean that the Village will make a change. Board of Trustees Meeting January 27,2009 Page 13 Trustee Brown noted that a lot of comprehensive planning involves the type of financing, the type of developers, and the economy that is existing at that time. It would be interesting to see whether or not what is currently on paper would still be appropriate. Trustee Santon felt that it was a good time to bring these issues up because budget time is coming up. Part of the Comprehensive Plan was to review the downtown business district. He noted that currently a property owner in the center of the business district is considering a change of use. The Mobil gas station located at the corner of Ridge Street and Bowman Avenue is considering changing to a retail use. This change will have an impact on the business district. The Village should start to consider what it wants this area to look like. Mayor Feinstein noted that there was recently an article published on the Hudson Valley Greenway. The article states that there was a movement to do away with the program. She was concerned because the Village has a grant temporarily on hold and she did not want to lose those funds. Mr. Bradbury stated that he would follow up on the status of that as well as the status of the grant and report back to the Board of Trustees. Trustee Sanders Romano noted that the idea is not to do the Comprehensive Plan piece meal and maybe this is the right time to review this matter with the upcoming changes to the business district. Edward Beane, Esq., noted there is concern regarding the gas stations and the possible conversion to retail. The Comprehensive Plan involves a lot of money. He suggested that the changes to the gas stations be reviewed as a separate project. Trustee Santon noted that planning is a dynamic process and it is always evolving. He felt that the Village did not need to commit to a huge undertaking, such as the entire Comprehensive Plan, at this time just to address certain components of it. The downtown streetscape could be changing. It would behoove the Village to have some design standards in place for when this change takes place. Changes to the design standards would also assist the Architectural Review Board and could prove beneficial when the property that is now a gas station is sold. He felt that the Board should consider the stand alone projects that have merit. He felt that the Village would not lose anything by doing the Comprehensive Plan in phases. Board of Trustees Meeting January 27,2009 Page 14 Mayor Feinstein noted she raised this for discussion. She noted that she did not have the answers, but felt it was time to re-open this discussion. She felt that it was important to obtain input from the residents. Mr. Bradbury noted that the scope of the project should be reviewed. Trustee Sanders Romano agreed, and noted that this could be a piece of the puzzle rather than a separate puzzle. She also felt that it would be prudent to review the downtown area. Mr. Bradbury noted that further discussions should be held to narrow down what is needed at this time. DISCUSSION ITEMS: 1) Recreation zone study authorized in September, 2003 Trustee Santon noted that he placed this matter on the agenda. Years ago the Village did an overhaul of the zoning code. Issues such as bulk regulations, impervious surface coverage, wetlands, steep slopes, flood control, trees, stormwater management were all reviewed. The review of the code was prioritized. When the April 2004 Board came in the Recreation Zone project was not performed even though it was authorized in September 2003. There are two very large recreation zones within the Village. He hoped that the current Board would be inerested to continue with this project. Everyone would like to preserve open space and it is good planning to protect the areas of open space within the Village. He felt that time was right to move ahead with this project. Mayor Feinstein felt that there were legal aspects that needed to be reviewed in an Executive Session. Trustee Sanders Romano agreed. She also felt that additional research was required. Mr. Bradbury noted that a sub-committee could meet, review this matter, and report back to the Board of Trustees. Mayor Feinstein noted that she attended an airport meeting where the discussion surrounded possible expansion of the airport. The County noted that there is no Board of Trustees Meeting January 27,2009 Page 15 expansion scheduled for the airport, however, they are considering a parking structure for North Castle. It was noted that the current parking garage is located in Rye Brook. Parking is a problem at the airport and with the increase in usage of the airport parking cannot service what exists today. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the Board scheduled an Executive Session. Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that the next regular Board of Trustees meetings were scheduled for February 10th and February 24th. There being no further business before the Board, the meeting was adjourned at 9:30 p.m. Board of Trustees Meeting January 27,2009 Page 16