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HomeMy WebLinkAbout2003-12-23 - Board of Trustees Meeting Minutes BOARD OF TRUSTEE MEETING VILLAGE OF RYE BROOK REGULAR/SPECIAL MEETING TUESDAY, DECEMBER 23,2003 —7:30 P.M. AGENDA EXECUTIVE SESSION: 6:45 —Labor Negotiations ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARING 1) Considering a Local Law to amend Chapter 240 of the Village Code concerning Home Occupations RESOLUTIONS 1) Considering a Local Law to amend Chapter 240 of the Village Code concerning Home Occupations 2) Approving an Intermunicipal Agreement with Westchester County for Enhanced 911 Service 3) Endorsing Westchester Municipal Officials Association's initiative to seek a 1% County Sales Tax increase 4) Designating polling locations and hours for the 2004 Village Election on March 16, 2004 5) Approval of Meeting Minutes: June 24, 2003 July 8, 2003 August 12, 2003 August 26, 2003 October 28, 2003 Board of Trustees December 23,2003 Page 1 of 12 ADMINISTRATOR'S REPORT OLD BUSINESS 1) Discussion: Review of sanitation contract related matters 2) Discussion on Meadowlark Park and Rich Manor Park surveys NEW BUSINESS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Next Trustee Meetings: January 13, 2004 and January 27, 2004 BOARD: Mayor Francis Filipowski Trustee Carol M. Goodman Trustee Robert Harris Trustee Pal S. Rosenberg Trustee Dean P. Santon STAFF: Christopher J. Bradbury, Village Administrator Connie DiSalvo, Assistant to the Administrator Edward Beane, Esq.,Village Consultant Victor Carosi, Village Engineer Robert Santoro, Police Chief Fred Siefert, Public Access Coordinator Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Filipowski called the meeting to order at 7:35 p.m. He wished everyone a happy holiday. PUBLIC HEARING 1) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING HOME OCCUPATIONS Board of Trustees December 23,2003 Page 2 of 12 Mayor Filipowski declared the public hearing open. He asked for a brief overview from Mr. Beane. Edward Beane, Esq., Village Counsel, noted that the Village has been considering the changes to this Local Law for several months. He pointed out several of the important changes. Mayor Filipowski called for comments from members of the public. There being no one wishing to address this matter,he turned to the Board for their comments. Trustee Dean Santon asked for a minor correction, which would not change the substance of the proposed Local Law. He also expressed a concern regarding corporate ownership, and requested that the definitions include resident. He also briefly discussed the renewal process. Trustee Carol Goodman noted that the Local Law should be broken down and clearly explained in a letter to be forwarded to all residents. Mr. Bradbury stated that this matter will be addressed in the Village's newsletter and on the website, and it will be addressed in straightforward terms. Trustee Paul Rosenberg asked if individuals who are not in compliance will be contacted. Mr. Bradbury noted that the Village would be trying to correct all violations. He also noted that this will be a long process. There being no further comments, Mayor Filipowski asked for a motion to close the public hearing. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the public hearing was closed at 7:50 p.m. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE RESOLUTIONS 1) CONSIDERING A LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE CODE CONCERNING HOME OCCUPATIONS Mr. Bradbury read the resolution. RESOLUTION Board of Trustees December 23,2003 Page 3 of 12 WHEREAS, a proposed local law was introduced to amend Section 250- 38 of the Code of the Village of Rye Brook concerning certain provisions of the Home Occupation Law; and WHEREAS, a duly noticed public hearing was held at a meeting of the Board of Trustees of the Village of Rye Brook on December 23, 2003 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 December 23, 2003; and WHEREAS, the Board of Trustees of the Village of Rye Brook has complied with the provisions of the New York State Environmental Quality Review Act and has determined that adoption of such local law is a "Type IP' action and, therefore, no further environmental review of the proposed action is required; and WHEREAS, the Board of Trustees of the Village of Rye Brook, after due deliberation, finds that it is in the best interest of the Village to adopt such local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the proposed local law to amend Chapter 250 of the Code of the Village of Rye Brook concerning certain provisions of the Home Occupation law, which amendment(s) are enacted into law as Local Law 916-2003; 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. Trustee Santon stated that he had submitted changes to Mr. Beane. It was noted that the changes were incorporated into the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was approved. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees December 23,2003 Page 4 of 12 A request was made to take an item out of order to accommodate members of the public. OLD BUSINESS 1) DISCUSSION: REVIEW OF SANITATION CONTRACT RELATED MATTERS Mr. Bradbury reviewed this matter. He noted that there have been incidents of yard waste being put out for pickup by Suburban. It was noted that the sanitation costs are tracked from month-to-month. It is important to keep the bulk trash down as bulk trash has a cost impact to the Village. It was also noted that yard waste is brought to the Village's compost site, and has no cost to the Village. The recycling is kept separate. Trustee Santon pointed out that CRP handles the bulk waste and yard waste. This is picked upon Wednesdays, on non-holiday weeks. He also stated that the new contractor begins their pick-ups at 6:00 a.m. Mr. Bradbury noted that private streets have been added into the contract. Mr. Ron Carbone, CRP Sanitation, Inc., addressed the Board. He began by noting that the green waste is light at this time of year, and that there were only about 25 or 30 homes still putting out this type of waste. It was noted that there are two different times scheduled for rubbish and green waste pick-ups. He has received complaints from residents stating that their pick-ups were missed. In fact, it is the residents that have been missing the garbage trucks — not the garbage truck that misses the residents. They report that the trucks have left their trash when in fact the trucks that pick up the bulk waste have already past and it is the trucks that are picking up the green waste that leave the bulk waste. Residents have been notified of the pick up times. He stated that he would be monitoring this matter to avoid any green waste being included with bulk trash. Mr. Bradbury noted that things are working very smoothly with this new contractor. He also reminded residents that trash is not to be put out earlier than the night before the pick-up date. He asked that residents refer to the schedule, prepared by Village Staff, that was sent to everyone. Mayor Filipowski returned to the agenda, calling for item 92 under Resolutions: 2) APPROVING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ENHANCED 911 SERVICE Mr. Bradbury read the resolution. Board of Trustees December 23,2003 Page 5 of 12 RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY FOR ENHANCED 911 SERVICE RESOLVED that the Village of Rye Brook is authorized to enter into an inter-municipal agreement with Westchester County for enhanced 911 service for a five (5) year term commencing on July 11, 2003 and continuing through July 10, 2008; and it is further RESOLVED, that the Mayor is 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 Goodman, the resolution was adopted. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 3) ENDORSING WESTCHESTER MUNICIPAL OFFICIALS ASSOCIATION'S INITIATIVE TO SEEK A 1% COUNTY SALES TAX INCREASE Mr. Bradbury read the resolution. On a motion made by Trustee Santon, and seconded by Trustee Goodman, the resolution was adopted. RESOLUTION ENDORSING WESTCHESTER MUNICIPAL OFFICIALS ASSOCIATION'S INITIATIVE TO SEEK A 1% COUNTY SALES TAX INCREASE WHEREAS, the Westchester Municipal Officials Association is seeking municipal participation to increase the county sales tax by 1%; and WHEREAS, the members of the Westchester Municipal Officials Association have met with representatives from Westchester County Executive Board of Trustees December 23,2003 Page 6 of 12 Andy Spano's Office, to recommend an agreement that would be beneficial both to local municipalities and Westchester County; and WHEREAS, the Westchester Municipal Officials Association members, at a meeting held on December 11, 2003, voted to endorse an increase in sales tax by 1%, with an 80%-20% share of the additional sales tax in 2004 and a 75%- 25% share in 2005 and beyond, with the County getting the larger share. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby extends its full support to the Westchester Municipal Officials Association and Westchester County to request a 1% sales tax increase with an 80%-20% share of the additional tax in 2004 and a 75%-25% share in 2005 and beyond; and BE IT FURTHER RESOLVED, that the Village Administrator shall forward a copy of this resolution to the Westchester Municipal Officials Association, Westchester County Executive, and the Chair of the Westchester County Board of Legislators. Mayor Filipowski asked for a summary of this resolution. Mr. Bradbury noted that Westchester County initiated this idea. The Village would receive a percentage of the sales taxes generated within the County. The percentage to be shared has been the subject of negotiations. Trustee Rosenberg noted that Westchester County tried to increase the County sales tax last year. Mr. Bradbury responded that County has taken a pro-active approach in working with the municipalities. With this municipal support, and County support, it is hopeful that this proposal will get the support of legislature. Westchester County needs these additional funds. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE 4) DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2004 VILLAGE ELECTION ON MARCH 16, 2004 Mr. Bradbury read the resolution. Board of Trustees December 23,2003 Page 7 of 12 RESOLUTION DESIGNATING POLLING LOCATIONS AND HOURS FOR THE 2004 VILLAGE ELECTION ON MARCH 16, 2004 RESOLVED, that voting machines owned by the Town of Rye shall be used at the next Village Election to be held Tuesday, March 16, 2004; and be it further RESOLVED, that if said voting machines are not available, the use of paper ballots is hereby authorized; and BE IT FURTHER RESOLVED, that the pools in each of the nine Election Districts in the Village of Rye Brook shall be opened at 7:00 a.m. in the morning and remain open until 9:00 p.m. in the evening of said day; and BE IT FURTHER RESOLVED, that the polling places be hereby designated for the respective Election Districts as follows: Election District 9 20—Port Chester Middle School Election District 9 21 —Port Chester Middle School Election District 9 22—Blind Brook High School Election District 9 23 —Ridge Street School Election District 9 26—Port Chester Senior High School Election District 9 27—Ridge Street School Election District 9 29—Ridge Street School Election District 9 30—Blind Brook High School Election District 9 31 —Bellefair Meeting House On a motion made by Trustee Rosenberg, and seconded by Trustee Goodman, the resolution was adopted. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANTON VOTING AYE MAYOR FILIPOWSKI VOTING AYE Board of Trustees December 23,2003 Page 8 of 12 5) APPROVAL OF MEETING SUMMARIES: June 24, 2003 July 8, 2003 August 12, 2003 August 26, 2003 October 28, 2003 On a motion made by Trustee Goodman, and seconded by Trustee Santon, the matter was opened for discussion. Trustee Santon asked that the last three summaries be put off to the January meeting. Mayor Filipowski called for a review of the June 24, 2003 summary. On a motion made by Trustee Goodman, and seconded by Trustee Rosenberg, the summary was approved. It was noted that Trustee Santon was not in attendance at this meeting and would not be voting on the approval. TRUSTEE GOODMAN VOTING AYE TRUSTEE HARRIS VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR FILIPOWSKI VOTING AYE As requested, Mayor Filipowski noted that the August 12, August 26 and October 28 summaries will be held over to January. Mayor Filipowski asked for a motion to address the July 81h summary. On a motion made by Trustee Goodman, and seconded by Trustee Santon, a discussion on the summary began. Trustee Santon noted that he had two substantive changes for the July 8, 2004 summary. The decision was to address this summary, with the three previously noted summaries, at the next Board of Trustee meeting. OLD BUSINESS 1) DISCUSSION: REVIEW OF SANITATION CONTRACT RELATED MATTERS Mr. Bradbury noted that there were two holiday weeks coming. On those weeks there would be no bulk waste collection. Only garbage and recycling will take place. He also noted that the new sanitation schedule would be sent out to residents at the year end. The website will be updated shortly. Mayor Filipowski thanked Ms. DiSalvo, Mr. Carosi, and Mr. Siefert for their work on the Village's sanitation calendar. Board of Trustees December 23,2003 Page 9 of 12 Mayor Filipowski reminded all residents that the recycling is a tremendous savings for the Village. He urged all residents to recycle, and thanked the residents that do. Cutting down the costs of disposing of waste materials is a big plus for the Village. Mayor Filipowski called for the final item under discussions: 2) DISCUSSION ON MEADOWLARK PARK AND RICH MANOR PARK SURVEYS Mr. Bradbury noted that the surveys have been distributed to the Board members. Most of the areas of encroachments are relatively minor. Mr. Victor Carosi, Village Engineer, addressed the matter of encroachments. He noted that the Village would be putting residents on notice that it is aware that these encroachments exist. Some fences will need to be removed from Village land. Mr. Carosi pointed out that there were no permanent or substantial structures encroaching on these Village properties, only a few sheds that were constructed on Village property. Trustee Harris noted that some Village land has been cleared all the way to the Brook -- the East Branch of the Blind rook. This increases the water problems in the Meadowlark area. He pointed out that there were dog runs that encroach onto Village property, in addition to the sheds. He felt that all of the residents that have encroached on Village property should be sent a letter concerning this matter. Mr. Bradbury noted that there were a lot less encroachments then were expected but, nevertheless, there were issues that needed to be addressed. Residents will be notified, and educated. Trustee Goodman recommended that every resident be notified that they do not have a claim of ownership, and that they do not have permission to use this property. The property is clearly Village property. Trustee Santon agreed that this matter needed to be addressed. He felt that now that the encroachments had been identified, the residents must be placed on notice that these encroachments exist. He pointed out that some encroachments are over 40 feet. All residents should be able to walk on and enjoy Village property. Mayor Filipowski suggested that residents could be charged a fee for license agreements. Another option was to inform everyone that they must remove all encroachments. Mr. Carosi noted that all residents will be notified of the Board of Trustees December 23,2003 Page 10 of 12 encroachments. He also noted that every action will cause a reaction. He asked for clear direction from the Board. Trustee Santon noted that there are impacts from some of the encroachments, especially when the encroachments are in wetland areas. He also noted that there was a difference between encroachments from a dog run, and encroachments of a shed or fence. Trustee Santon felt that all encroachments should be reviewed. Trustee Goodman noted that all situations are different. She also suggested that a resident be allowed to apply for an exception. Trustee Harris felt that a Village Committee could be empowered to hear these types of appeals. Mayor Filipowski noted that this matter will be addressed by the Board of Trustees and Village staff. Mr. Bradbury agreed that additional thought was needed. He suggested installation of something to delineate where the property line is. Mayor Filipowski stated that the surveys would be used to correct these encroachments. A suggestion was made to leave the Village property in its natural state, to which Mr. Beane responded that many residents may not want to wish to have the overgrown lawns behind their property. The Village will need to review the wetland buffer and filtration system. Mayor Filipowski called for members of the public wishing to address the Board. Arline Hendel addressed the Board. She expressed concern regarding construction of a home on Charles Lane. She noted that the house was built in the early 60's. A second owner expanded this home. What has now happened is that the house was removed, and trees were cut down. She stated that fill was brought in and she is now at a bottom of a hill where the two properties were even before. The properties sloped from the road towards the garage and she never had any water problems in her garage or her basement. Now all vegetation has been removed. She felt that changing the elevation and grading of the property would cause drainage problems, that would effect her property. She took exception with the new owner raising his property and causing potential impacts on her property. She asked for protection. She also asked that the property be restored to the original way. Mr. Bradbury noted that the Village is aware of Mrs. Hendel's concerns, and that a report has been submitted to the Board of Trustees for its review. The Village staff has reviewed the approved plans, and is on top of this matter. Board of Trustees December 23,2003 Page 11 of 12 It was noted that the grading, to date, has included the removal of soil. The grading must be down away from the house. The Building Department would be reviewing this matter, and checking to see if a significant increase in grade has taken place. Trustee Santon noted that Mrs. Hendel's e-mails and letters have been reviewed by the Board and Village Staff. He pointed out that the State Code requires grading away from the structure, and that drainage must be facilitated away from the structure. If the new grading directs water on to her property this matter must be addressed. Mr. Harvey Schiller of Meadowlark Road addressed the Board. As the Chair of the Environmental Council, he addressed Rich Manor Park's survey. He noted that the ecology of this area has been changed. A flood area has been created. The area must be maintained to allow the nature flow of water. He noted that many of the property adjacent property owners do not know where their property ends and where the Village's property begins. There is no right of adverse possession, and this must be spelled out for all of the residents. He suggested that a fence be installed to delineate the properties. Mayor Filipowski stated that this matter will be placed on the agenda for the January Board meeting. There being no further business before the Board, Mayor Filipowski adjourned the meeting at 9:15 p.m. Respectfully Submitted, Christopher J. Bradbury Village Administrator/Clerk Board of Trustees December 23,2003 Page 12 of 12