Loading...
HomeMy WebLinkAbout2001-03-13 - Board of Trustees Meeting Minutes March 13, 2001 MINUTES OF A MEETING VILLAGE OF RYE BROOK BOARD TRUSTEES VILLAGE HALL, 938 KING STREET RYE BROOK,NEW YORK TUESDAY, MARCH 13, 2001 at 7:30 P.M. AGENDA PUBLIC HEARING: LOCAL LAW#1-2001 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 6 ESTABLISHING THE AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR RESOLUTIONS: 1. ADOPTING LOCAL LAW# 1-2001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR 2. APPOINTMENT OF AUTOMOTIVE MECHANIC + 3. APPOINTMENT OF POLICE OFFICER i 4. EXTENDING THE 1991 PROPERTY TAX STABILIZATION AND RELIEF ACT 5. AUTHORIZATION TO COMMENCE AN ACTION OR PROCEEDING TO REMOVE UNSAFE STRUCTURES 23 HILLCREST AVENUE 6. CONSIDERING THE APPROVAL OF MINUTES; JANUARY 23, 2001 &FEBRUARY 13, 2001 DISCUSSIONS: 1. STATUS OF APPLICATION TO MODIFY/CLARIFY RED ROOF SUBDIVISION PLAT NOTES AND COVENANT 2. FUNDING OF THE YOUTH BUREAU FOR 2001-2002 BUDGET YEAR 3. IMPLEMENTATION OF VISION PLAN PRESENTATION: 1. REPORT ON WESTCHESTER COUNTY AIRPORT ACTIVITIES i . I + 1 March 13, 2001 CONVENE MEETING: The Meeting was called to order at 7:30 p.m. by Mayor Filipowski in the Meeting Room, and the Pledge of Allegiance followed. The following Trustees were present: Mayor Francis L. Filipowski Trustee Jody H. Brackman Trustee Donald E. Degling Trustee Roger Herman Trustee Lawrence Rand Village Staff attending the meeting were: Village Administrator, Christopher Bradbury Village Attorney, Kenneth E. Powell Assistant to the Administrator, Ingrid Bent Village Engineer, Victor Carosi Village Building Inspector, William Gerety Police Chief, Robert Santoro Mayor Francis Filipowski noted that the Board would be taking the agenda out of order. He called for item#3. 3. APPOINTMENT OF POLICE OFFICER Mr. Bradbury read the following Resolution: RESOLUTION APPOINTMENT OF POLICE OFFICER RESOLVED,that Rodney Tudor,of Garrison,New York,is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York; and be it FURTHER RESOLVED,that the annual salary for the position is$31,790 with an effective start date of March 19, 2001, and a probationary period of (fifty-two) 52 weeks. i i 2 March 13, 2001 On a motion made by Trustee Herman, and seconded by Trustee Brackman, the Resolution was approved. Trustee Braekman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski asked Chief Robert Santoro to introduce Rye Brook's newest Police Officer. Officer Tudor was welcomed by the Board. The next item taken out of order was under Presentations. PRESENTATION: 1. REPORT ON WESTCHESTER COUNTY AIRPORT ACTIVITIES Lawrence Engle, Chairman of the Airport Council, addressed the Board. He thanked the Mayor and the Trustees for the opportunity to make this presentation. He noted that the Airport Council has gotten off to a very good start. He gave a brief presentation to bring the Board, and the community, up-to-date on some of the issues that this Committee has been addressing. Mr. Engle noted that the Airport Council is currently working on three agenda items. The first is to have a strong and on-going relationship with the regional community, which includes Port Chester,Harrison,Purchase,Rye,North Castle and Greenwich, as well as the environmental and legislative communities at the County, State and Federal level. To that end it has started to reach out. The Council has discussed the possibility of having a Board of Trustee member as a liaison to the Airport Advisory Council, to enhance communication between the Board and the Council. The Council has also requested a liaison be appointed from the Village's Environmental Committee as many of the issues related to the airport are tied into the environment, i.e, water pollution, noise pollution, traffic, etc. Mr. Engle noted that at the February 281h meeting of the Council, Robert Funicello, the Director of Environmental Projects for Westchester County, presented the Summary Investigation Report for the Westchester County Airport. This report involved monitoring the water that is collected in the drainage system of the Airport, and the ground water that may flow into,or the run-off from the Airport,into the Blind Brook. A copy of the Summary Report has been submitted to the Board of Trustees for its review. 3 March 13, 2001 Mr. Engle noted that another item that has been discussed by the Council was the land that has been dedicated by BelleFair to the Village of Rye Brook, Concern has been raised that this land could be taken by the County for use, It would make it more difficult for the airport to use this land if it were deeded as parkland. Although there has been no mention from the FAA or Westchester County regarding this land, deeding this land as parkland is a way of protecting our residents. Mr. Engle noted that the Airport will be utilizing a new infrared process for de-icing the planes in a tent-like structure. Discussions regarding this new system have taken place and the County has reported that the planes will not have their engines running during this process. Another matter brought up by Mr. Engle was the monitoring of the airport. He noted that this airport is one of the most monitored in the country with regard to the ground water system and noise monitoring. Discussions regarding monitoring will continue. As a reminder, Mr. Engle reminded stated that the hotline number for noise complaints is 914- 939-8484. Mr. Engle also noted that a meeting with the Harrison Airport Council has been scheduled for Wednesday,April 4"'at 8:00 p.m. Mr.Paul Noto will j oin the Airport Council on March 22"d at Village Hall. Members of the public are welcomed to attend. The Airport Council has started to compile an e-mail system in order to notify residents of important meetings, such as this, and events regarding the airport. Anyone interested in being a part of this list should contact Mr. Engle at len leg_9686 a,aol, Mr. Engle thanked the Board for the opportunity to present this information. Dean Santon of Hillandale Road noted that he has compiled a listing of the land, along with information on the pending deed for the land that BelleFair is proposing to donate to the Village as parkland, He felt that this information could assist the Airport Council, and should be made available to them. Mayor Filipowski thanked the Airport Council for all of its hard work. He then returned to the agenda and called for item 91 under Public Hearings. PUBLIC HEARING: 1. LOCAL LAW 91-2001 AMENDING THE CODE OF THE VILLAGE OF RYE BROOK TO ADD A NEW CHAPTER 6 ESTABLISHING THE AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR Mr. Christopher Bradbury, Village Administrator, read the following Resolution: 4 March 13, 2001 RESOLUTION ADOPTING LOCAL LAWN 1-2001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR RESOLVED,that Local Law No.1-2001, adding anew Chapter 6 of the Village of Rye Brook to establish the affordable middle income development program at BelleFair,be and hereby is adopted and enacted into law; and IT IS FURTHER RESOLVED, that the proposed declaration of restrictive covenant,to establish permanent affordability of the middle-income units at BelleFair,be and hereby is approved, Mr, Bradbury noted that this was a continuation from the last meeting. Some minor changes were made and they are now being presented to the Board. Mayor Filipowski asked for comments or questions from the floor,or members of the Board. There being none he asked for a motion to close the Public Hearing. On a motion made by Trustee Donald Degling,and seconded by Trustee Lawrence Rand,the Public Hearing was closed, Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski then moved to the Resolution portion of the meeting, calling for item#1. RESOLUTIONS: 1. ADOPTING LOCAL LAW#1-2001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR 5 March 13, 2001 RESOLUTION ADOPTING LOCAL LAW# 12001 AND APPROVING PROPOSED RESTRICTIVE COVENANT FOR AFFORDABLE MIDDLE INCOME DEVELOPMENT PROGRAM AT BELLEFAIR RESOLVED, that Local Law No.1-2001, adding anew Chapter 6 of the Village of Rye Brook to establish the affordable middle income development program at BellcFair,be and hereby is adopted and enacted into law; and IT IS FURTHER RESOLVED, that the proposed declaration of restrictive covenant,to establish permanent affordability of the middle-income units at BelleFair,be and hereby is approved. Trustee Rand requested a minor correction to Paragraph 6.4. Trustee Degling commented that he felt that the Resolution was in good shape and should be adopted. On a motion made by Trustee Jody Brackman, and seconded by Trustee Roger Herman,the Resolution was adopted. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mr, Bradbury noted that he and Mr. Neil DeLuca will begin work on the applications necessary for this project to be put into motion. These applications are scheduled for distribution in the next few weeks. 2. APPOINTMENT OF AUTOMOTIVE MECHANIC Mr. Bradbury read the following Resolution: 6 March 13, 2001 RESOLUTION APPOINTMENT OF AUTOMOTIVE MECHANIC RESOLVED, that Edward Lipowiecki, of 12 Hillcrest Avenue, Rye Brook, New York, is hereby appointed to the position of Automotive Mechanic with the Village of Rye Brook, subject to the Civil ,Service procedures of the ,State of New York; and be it FURTHER RESOLVED,that the annual salary for the position is$54,232 with an effective start date of March 14, 2001, and a probationary period of (twenty-six)26 weeks. Mr. Bradbury noted that Mr. Lipowiecki has been employed by the Village since 1988. On a motion made by Trustee Brackman, and seconded by Trustee Herman, the Resolution was adopted. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 4. EXTENDING THE 1991 PROPERTY TAX STABLIZATION AND RELIEF ACT Mr. Bradbury read the following Resolution: RESOLUTION EXTENDING THE 1991 PROPERTY TAX STABILIZATION AND RELIEF ACT WHEREAS, cities,towns,villages in Westchester County are severely restricted in their revenue base, with real property tax as their main source of revenue constantly rising and putting a disproportionate burden on the property owner, and WHEREAS, the County Executive and the Board of Legislators advocated and approved the distribution of sales tax revenue to the cities, towns, villages and school districts, in accordance with Chapter 272 of the Law of 1991, and 7 March 13, 2001 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby requests our State representatives to support a two-year extension on Article 29, Section 1262-b of the Tax Law,entitled:1991 Property Tax Stabilization Relief Act,which said law presently has a sunset provision of May 31, 2002 BE IT FURTHER RESOLVED, that by copy of this resolution we urge our representatives to support the extension of the 1991 Property Tax Stabilization and Relief Act until such time as New York State Aid to Local Governments is restored. It was noted that Rye Brook has received between $550,0001660,000 from the sales taxes collected in Westchester County. On a motion made by Trustee Herman,and seconded by Trustee Degling,the Resolution was adopted. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye 5. AUTHORIZATION TO COMMENCE AN ACTION OR PROCEEDING TO REMOVE UNSAFE STRUCTURES 23 HILLCREST AVENUE Mr. Bradbury read the following Resolution: RESOLUTION AUTHORIZATION TO COMMENCE AN ACTION OR PROCEEDING TO REMOVE UNSAFE STRUCTURES 23 HILLCREST AVENUE RESOLVED, that the Village Attorney is authorized to commence an action or proceeding in the Supreme Court on behalf of the Village of Rye Brook, and such of its officials as may be appropriate,pursuant to Chapter 237 of the Village of Rye Brook Code and any other applicable provisions of law, to obtain authorization for the removal by the Village of a dilapidated dwelling, shed garage,partially cut-down tree and other items at 23 Hillcrest Avenue, Rye Brook, New York, and such other or further relief as may be appropriate in the circumstances,with the cost thereof,including the cost of the action for the removal,to be an assessment against the property on which such building or structure sits,to 8 March 13, 2001 i be collected in the same manner as Village taxes are collected against other properties on the Village assessment roll, and which shall constitute a lien against such property until paid. Trustee Brackman asked for a re-cap of this situation, Mr. Gerety noted that for approximately two years the Village has attempted to contact the owner. He does cut the grass and does pay the taxes,but otherwise he is not reachable. Many of the neighbors have filed complaints about the condition of the house. It continues to be a blight in the neighborhood, and a safety concern. The building is deserted, but there is evidence of camping out. There have been several fires, some of which have caused structural damage. On a motion made by Trustee Degling, and seconded by Trustee Rand,the Resolution was adopted. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye G. CONSIDERING THE APPROVAL OF MINUTES: JANUARY 23, 2001 FEBRUARY 13, 2001 Trustees Degling and Rand made a few minor corrections to the Minutes of February 13t�'. On a motion made by Trustee Degling,and seconded by Trustee Herman,the Minutes were approved as corrected. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski then moved to the Discussion portion of the meeting, calling for item#1. 9 March 13, 2001 1. STATUS OF APPLICATION TO MODIFY/CLARIFY RED ROOF SUBDIVISION PLAT NOTES AND COVENANT Mr. Bradbury noted that the comments from the last meeting, along with a memorandum from F.P. Clark, were transmitted to the developer. The Village is now waiting for a response from the developer regarding the landscaping plan. It is also important to note that as of this meeting the developer has still not submitted a drainage plan. At the last meeting, they indicated that they would submit the landscaping plan within the next two days. Mayor Filipowski asked for questions or comments on the landscape plan. Trustee Degling commended the Village's Planning Consultant on the recommendation to lower the deck a little more. The original landscape plan shows the decks two steps downward. He felt that lowering the deck by a few more steps would lessen the view of the decks. This would minimize the effect of the decks. He also asked that the tables on the landscape plan be modified to ensure that the trees are the right size to accomplish what they intended. With regard to the current status of this application,Mr.Bradbury noted that at this time the Village was waiting on the developer to provide information. Mr. Sergio Brasesco,the owner of Lot 3,addressed the Board. This home was cited for two building violations. One for the deck and one for a three-story facade. He noted that the subdivision plat plan that contains the covenants and restrictions was not made known to him by the builder. The deck that was built was considered an extra, and cost him additional monies. The walk-out basement was a selling point. He was disturbed that a Certificate of Occupancy was issued,and then rescinded,and subsequently violations have been imposed. He found it difficult to understand how this could happen. He is now caught in the middle. Mr. Gerety,the Village's Building hispector,has met with Mr.Brasesco. Mr.Brasesco was given the opportunity to view the subdivision plat plan. Mr, Gerety also gave him the opportunity to view the landscape plan, which depicts work proposed for Lots 4 and 5. At this point Mr. Brasesco has retained a landscape architect at his own expense. This is an unfair task for someone who has just purchased a new home and he felt that the developer should be made liable. He requested that the Village have the developer include his property, Lot 3,on its landscape plan. Mr.Brasesco noted that the Village is still holding a bond from the developer, which should not be returned until everything has been settled. Mayor Filipowski stated that at the last meeting the developer and the Village did discuss Lot 3, Mr. Powell had also noted that Lot 3 could be included in the landscape plans, In addition, Mr. Bradbury agreed that it would be helpful if Lots 3, 4 and 5 could be viewed together in this landscape plan. The developer will be reminded of the Village's position on this matter. 10 March 13, 2001 2. FUNDING OF THE YOUTH BUREAU FOR 2001-2002 BUDGET YEAR The Youth Bureau was formed through a joint venture between Port Chester,Rye Brook and the Port Chester School District. Although the Rye Brook School District was invited to participate,it had declined. The Board of Trustees voted to participate in the Bureau,and as a result Rye Brook put in its share of$8,000. However,it is now the opinion of the Board of Trustees that the Youth Bureau has not produced the programs that were anticipated. The Board had requested.that issues such as drugs, gang violence, and drinldng be addressed, however,the Director of the Youth Bureau wanted nothing to do with these issues. Although disappointed,the Board has decided not to remain apart of this joint venture, Mr.Bradbury will share this information with the Village of Port Chester. 3. IMPLEMENTATION OF VISION PLAN The Vision Plan, now fully complete, has been placed before the Board for acceptance or adoption, Trustee Braclman asked Mr.Kantor,Village Consultant,to review the difference between adoption and acceptance. Mr. Kantor noted that in the simplest of terms, the main difference between accepting the plan and adopting the plan is that it has legal ramifications for how the Village will then use the Vision Plan. Adopting the plan is a much slower process. It was noted that in order to begin the process the plan would need to be accepted. The plan as presented was intended to be a very easily understood document. Although he did not have a recommendation of how the Board should proceed, he suggested acceptance of the plan so that the process could move forward. Once the Vision Plan is accepted,the Board can work with the portions that the Trustees feel will have meaning for the future of the Village. It was also noted that adoption of the plan would involve a sizeable cost to the Village, as it will require an Environmental Impact Statement. Dean Santon, of Hillandale Road, addressed the Board. He suggested that the Board schedule a work session in order for both the Board and members of the public to have the opportunity to review and work on the Vision Plan. He also asked that the members of the Committee who created the document be included in the work session. Peter Berman felt that the depth of the Vision Plan shows a great effort by many of the Village's residents and an awareness of present and future issues. He reviewed some of the issues and suggested that it be looked at as a first step. 11 March 13, 2001 After the discussion between the Trustees and Mayor Filipowski, it was decided that this item should be placed on the agenda for the next Board of Trustee meeting scheduled for March 27, 2001. Mayor Filipowski asked for a motion for an Executive Session be held directly after the meeting. On a motion made by Trustee Brackman, and seconded by Trustee Herman, an Executive Session was scheduled. Trustee Brackman Voting Aye Trustee Degling Voting Aye Trustee Herman Voting Aye Trustee Rand Voting Aye Mayor Filipowski Voting Aye Mayor Filipowski announced that the next Board of Trustee meetings are scheduled for March 27, 2001 and April 10, 2001. Trustee Rand noted that many of the Village's Boards, Committees and Commissions have terms that will be expiring and positions will be available for members of the community who wished to volunteer. He asked that any resident wishing to volunteer contact the Administrator's office. Mr. Bradbury stated that his office would be ruiming an update on the government access channel, of all expired and vacant terms. Paul Bookbinder,of Winding Wood Road,addressed the Board. He questioned whether the State would be implementing its plan to place a fence along the Hutch—on the property of Village residents. Mayor Filipowski responded that after discussions with the State, it has agreed not to install the fence at this time. Mr,Bradbury noted that the State has been invited to attend another Board of Trustee meeting in order to discuss this issue, as well as give an update on its progress. He will contact the State again to schedule its attendance at an upcoming meeting. Mayor Filipowski announced that the next Board of Trustee meetings would be held on March 27,2001 and Apri110,2001. He also reminded everyone that elections would be held on March 20th. There being no further business before the Board, the meeting was adjourned at 9:05 p.m, 12 March 13, 2001 Respectfully Submitted, Christop r J, Bradbury Village Administrator/Clerk 13 • r