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CC Agenda 2021-02-03 CITY OF RYE 1051 BOSTON POST ROAD RYE, NY 10580 AGENDA REGULAR MEETING OF THE CITY COUNCIL VIA ZOOM CONFERENCE Wednesday, February 03, 2021 6:30 p.m. PURSUANT TO GOVERNOR CUOMO’S EXECUTIVE ORDER No. 202.1, REQUIREMENTS UNDER THE OPEN MEETINGS LAW HAVE BEEN SUSPENDED AND PUBLIC BODIES MAY MEET WITHOUT ALLOWING THE PUBLIC TO BE PHYSICALLY PRESENT. FOR THE HEALTH AND SAFETY OF ALL, CITY HALL WILL REMAIN CLOSED. THE MEETING WILL BE HELD VIA ZOOM VIDEO-CONFERENCING WITH NO IN-PERSON LOCATION AND WILL BE BROADCAST ON THE CITY WEBSITE. A FULL TRANSCRIPT OF THE MEETING WILL BE MADE AVAILABLE AT A FUTURE DATE. City of Rye residents may participate in the public meeting via the zoom link below. A resident wishing to speak on a topic should raise his or her hand and, when admitted to speak, should provide name and home address, and limit comment to no more than three minutes. Please click the link below to join the webinar: https://zoom.us/j/93564916733?pwd=a25SZExoM1hLTFB4d2RxMjJMb3F6UT09 Or phone: (646) 558-8656 or (301) 715-8592 or (312) 626-6799 Webinar ID: 935 6491 6733 Password: 815298 [There will be no Executive Session before this City Council meeting.] 1. Roll Call 2. Draft unapproved minutes of the Regular Meeting of the City Council held January 20, 2021. 3. Post Winter Storm Briefing 4. Council discussion and potential disposition of the pending Milton Harbor Foundation Petition for a zoning text amendment to include a new special permit use for Civic and community center uses that could be applicable to the Wainwright House property (and potentially other sites) and would include water dependent recreational facilities. 5. Resolution to adopt Rye Recreation Camp Fees for the summer of 2021. Roll Call. 6. Residents may be heard on matters for Council consideration that do not appear on the agenda. 7. Consideration to set a public hearing for February 24, 2021 to adopt a local law deferring, for this year only, collection of City tax payments for an additional 90-days. 8. Adjourn until February 24, 2021 the public hearing for consideration of a petition from The Miriam Osborn Memorial Home to amend the text of the City of Rye Zoning Code Association to create new use and development standards for “Senior Living Facilities” in the R-2 Zoning District. All public hearing comments should be emailed to [email protected] with “Osborn Zoning Change” as the subject no later than 3:00 pm on the day of the hearing. 9. Resolution to transfer $50,000 from the General Fund contingency balance to the EMS (Emergency Medical Service) Cost Center. Roll Call. 10. Authorization for the City Manager to retain the professional services of Sam Schwartz to study traffic related to Rose/Bedrock with a cost not to exceed $7,500. Roll Call. 11. Authorization to retain Best Best & Krieger for an amount of $2,500 for the City to join the petition for cert to the US Supreme Court to review two issues related to small cell regulation Roll Call. CONSENT AGENDA 12. Consideration of a request by the Rye Chamber of Commerce for the use of City Car Park #2 on Sundays from May 9, 2021 through December 5, 2021 from 6:30 a.m. to 3:30 p.m. for the Rye Farmers Market. 13. Consideration of a request by the American Legion Post 128 and the Ladies Auxiliary of Post 128 to approve a parade to commemorate Memorial Day to be held on Monday, May 31, 2021 from 9:30 a.m. to 10:30 a.m. 14. Consideration of a request by the American Legion Post 128 and the Ladies Auxiliary of Post 128 to hold a Memorial Day Ceremony on the village green event to be held on Monday, May 31, 2021 from 10:15 a.m. to 11:15 a.m. 15. Consideration of a request by the American Legion Post 128 and the Ladies Auxiliary of Post 128 to have a food truck at the Memorial Day event to be held on Monday, May 31, 2021 from 9:00 a.m. to 12:00 a.m. 16. Old Business/New Business. 17. Adjournment * * * * * * * * * * * * * * * * * * * * * * The next regular meeting of the City Council will be held on Wednesday, February 24, 2021 at 6:30 p.m. ** City Council meetings are available live on Cablevision Channel 75, Verizon Channel 39, and on the City Website, indexed by Agenda item, at www.ryeny.gov under “RyeTV Live”. UNAPPROVED MINUTES of the Regular Meeting of the City Council of the City of Rye held in City Hall on January 20, 2021, at 6:30 P.M. PRESENT: JOSH COHN, Mayor SARA GODDARD CAROLINA JOHNSON RICHARD MECCA JULIE SOUZA BENJAMIN STACKS PAMELA TARLOW Councilmembers ABSENT: None The Council convened at 6:30 P.M. by videoconference pursuant to Governor Cuomo’s Executive Order 202.1 waiving requirements of the Open Meetings Law. The meeting was streamed live at www.ryeny.gov and on Zoom for public viewing and engagement. 1. Roll Call. Mayor Cohn asked the City Clerk to call the roll; a quorum was present to conduct official City business. 2. Draft unapproved minutes of the Regular Meeting of the City Council held January 6, 2021. Councilman Mecca made a motion, seconded by Councilman Stacks and unanimously carried, to adopt the minutes of January 6, 2021. 3. Consideration of a petition from the Milton Harbor Foundation for a zoning text amendment to include a new special permit use for Civic and community center uses that could be applicable to the Wainwright House property (and potentially other sites) and would include water dependent recreational facilities. Mayor Cohn invited Kristen Wilson, Rye’s Corporation Council, to introduce Milton Harbor Foundation’s petition for a zoning text amendment to include a new special permit use for Civic and Community Center uses applicable to the Wainwright House property and other water-dependent recreational facilities. Corporation Council Wilson recommend that the Council allow Milton Harbor Foundation to make their presentation but that the Council refrain from soliciting public comments at this meeting. Due to the public interest, she noted that an email address will be provided to the public for submission of any public comments. All comments must be submitted APPROVED MINUTES – Regular Meeting - City Council January 20, 2021 - Page 2 by email by Wednesday, January 27 at 5 P.M., and they will then be collected and shared with the Council. Councilwoman Souza asked if the email address for public comment submission will be made available by the City’s email notification system and the City’s website. Corporation Council Wilson confirmed that it would. There was general discussion about the public comments that have been previously submitted. In the event that the Council decides to open a Public Hearing, previously submitted comments will be available for the public to view on the City’s website. Councilwoman Tarlow asked Corporation Council Wilson to outline the process for consideration of the petition for the zoning text amendment. Corporation Council Wilson stated that the applicant has petitioned for a zoning text amendment, which they are presenting at this meeting. After the initial presentation, the Council will be able to deliberate and consider the petition. The Council will then be able to ask the applicant to modify the petition, send it to the Planning Commission for their review and comments, or table the petition. Corporation Council Wilson stated that the most recent petitions for zoning text amendments have been referred to the Planning Commission following the initial presentation to the Council. She noted that after the Planning Commission has reviewed the petition, the Council will have to hold a Public Hearing prior to the adoption of the zoning text amendment. Councilwoman Tarlow and Councilwoman Souza asked if it was required to send the applicant to the Planning Commission before making a decision to adopt the petitioned amendment. Corporation Council Wilson confirmed that that was correct. There was general discussion regarding potential actions the Council will take at the next meeting. Mayor Cohn invited the applicants to present their petition. Jonathan Kraut, of Harfenist, Kraut & Perlstein, representing Milton Harbor Foundation, RowAmerica Rye, and Wainwright House, Inc., thanked the Council and the public for their consideration of the petition. Mr. Kraut noted that the applicant is petitioning for a use for “Civic and Community Center” to be created within the R-1 Zoning District. It would encompass all underlying uses and purposes of the Wainwright’s mission of personal enlightenment and development while providing flexibility to cover potential similar types of uses. It would also provide recreational facilities for non-motorized craft (in this instance, rowing). APPROVED MINUTES – Regular Meeting - City Council January 20, 2021 - Page 3 The principal of RowAmerica is willing to establish a not-for-profit rowing club and construct a new facility and dock at the Wainwright House that could be used by the Wainwright to host indoor weddings and events. Mr. Kraut noted that the primary purpose of the property remains not-for-profit. Mr. Kraut asked the Council to consider the desirability and feasibility of the applicant’s petition. He also briefly discussed similar organizations, their history in Rye, and why this zoning text amendment would be beneficial to the City of Rye. Mr. Kraut stated that the applicant is ultimately asking for the Council to refer the petition to the Planning Commission. He thanked the Council for their willingness to consider the applicant’s petition. Mayor Cohn asked Mr. Kraut for clarification on RowAmerica’s not-for-profit status.
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