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HomeMy WebLinkAbout2015-07-14 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JULY 14, 2015 AGENDA 7:00 P.M. —EXECUTIVE SESSION: Non Union Compensation 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS 1) Considering a rezoning petition for property located at 80 Bowman Avenue (adjourned from June 23, 2015) RESOLUTIONS: 1) Considering a rezoning petition for property located at 80 Bowman Avenue 2) Considering an appointment to the Advisory Council on Parks and Recreation 3) Considering the authorization of a proposal and a budget modification to perform a traffic calming study on Hawthorne Avenue 4) Considering an Inter-municipal Agreement with Westchester County for Mutual Aid and Rapid Response Plan 5) Considering an agreement with Cablevision Lightpath for telephone and internet services 6) Considering an application for the removal of a significant tree at 47 Winding Wood Trail North Board of Trustees Meeting July 14,2015 Page 1 7) Considering the authorizing the issuance of$497,500 Bonds to pay the cost of capital projects authorized in the Adopted 2015-2016 budget 8) Considering the approval of the Minutes of the meetings of May 26 and June 9, 2015. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS 1) IMA with Westchester County to reduce Inflow and Infiltration in the County's Sanitary Sewer System ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: July 28 and August 18, 2015 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator Sarah Bledsoe, Assistant to the Village Administrator Chief Greg Austin, Police Chief Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Board of Trustees Meeting July 14,2015 Page 2 Mayor Paul Rosenberg called the Tuesday, July 14th meeting of Board of Trustees to order. He noted that the Board held an Executive Session prior to the meeting on non-union compensation. With the consensus of the Board, Mayor Rosenberg took item #6 out of order: 6) Considering an application for the removal of a significant tree at 47 Winding Wood Trail North Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A REQUEST FOR THE REMOVAL OF A SIGNIFICANT TREE AT 47 WINDING WOOD TRAIL NORTH WHEREAS, the property owner of 47 Winding Wood Trail North has submitted a tree removal application to the Village of Rye Brook; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree over 36" DBH shall be removed without the approval of the Village Board of Trustees; and WHEREAS, said tree is considered a Significant Tree. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby [approves/denies] the Tree Removal Permit application made by the property owner of 47 Winding Wood Trail North for the removal of the following: One (1) White Ash Tree approximately 42" in diameter DBH AND BE IT FURTHER RESOLVED, the property owner of 47 Winding Wood Trail North shall replant three (3) trees as required by code in consultation with the Village Superintendent of Public Works. Mayor Rosenberg noted that the Board had reviewed the application, and received a recommendation from Michal Nowak, Superintendent of Public Works. It was clear that the tree needed to be removed. The replanting plan has been discussed and agreed to by the applicant. On a motion made by Trustee Susan Epstein, and seconded by Trustee Heiser, the resolution was adopted. Board of Trustees Meeting July 14,2015 Page 3 Sarah Bledsoe, Assistant to the Village Administrator, called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye The next item taken out of order was item #3 under resolution: 3) Considering the authorization of a proposal and a budget modification to perform a traffic calming study on Hawthorne Avenue Mr. Bradbury called the roll: RESOLUTION CONSIDERING THE AUTHORIZATION OF A PROPOSAL AND BUDGET TRANSFER TO PERFORM A TRAFFIC CALMING STUDY ON HAWTHORNE AVENUE WHEREAS,the Traffic Commission has recommended that the Village hire a professional traffic engineer to study the current traffic condition related to Hawthorne Avenue and propose traffic calming measures to combat the excessive speeding issues; and, WHEREAS, the Village received a proposal from TRC Engineers dated July 6, 2015 to perform an investigation of the current traffic conditions in addition to providing an analysis and recommendation for traffic calming measures on Hawthorne Avenue; and, WHEREAS, the Village Administrator has reviewed the proposal and feels that it meets the needs of the Village. NOW, THEREFORE BE IT RESOLVED, that Village Board hereby approves the proposal by TRC Engineers, subject to the final approval of the agreement by the Village Attorney; and be it FURTHER RESOLVED, that the Village Board authorizes the Mayor and Village Administrator to execute and deliver all documents necessary and appropriate to accomplish the purposes of this resolution; and be it FURTHER RESOLVED, that the following proposed budget transfer is hereby approved: Board of Trustees Meeting July 14,2015 Page 4 From: Contingency $5,000 To: 1980.432 Consulting Fees $5.000 Total: $5,000 The Village received calls and emails from concerned residents regarding speeding and passing of school buses. The Traffic Commission reviewed this matter. Speed signs were installed on Hawthorne Avenue that tracked the number of cars, and their speed. It was found that cars were traveling between 30 to 56 miles per hour and 56 is way too fast. One resident, a pedestrian, was hit by a car. At the last Board meeting this was a discussion item on the agenda and the Village Administrator was asked to find a company to do a traffic study. The Village's consultant felt that the Village should move forward on this matter. Mr. Bradbury noted that research has located a reputable company. A resident of Hawthorne thanked the Board for their attention to this matter. This is a positive step. He asked how the Village would get a true read on how fast people are going. Mr., Bradbury reviewed the process, starting with the collection of data. A second resident addressed the number of cars that travel on Hawthorne, and the percentage that are speeding. His wife was the pedestrian that was hit on Hawthorne. It was noted that speeding on this road has been a problem for many years. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg returned to the order of the agenda: PUBLIC HEARINGS: Board of Trustees Meeting July 14,2015 Page 5 1) Considering a rezoning petition for property located at 80 Bowman Avenue (adjourned from May 26, 2015 and June 23, 2015) Mayor Rosenberg noted that the applicants came before the Board several months ago with a project that included middle income housing. The matter was heard by the Planning Board and the Zoning Board of Appeals. The comments of the consultants, boards, and staff were heard and the applicant met with the Westchester County Planning Department to discuss the middle income housing. Another adjournment, to the July 28th meeting, was suggested to allow for additional meetings with the County. If the project works for the applicants they would be withdrawing their application for a zoning change on the property. Mr. & Mrs. Madonna submitted a letter declaring their intent to possibly leave this property as C1. Mayor Rosenberg noted that the purpose of the public hearing is to discuss the rezoning. Since that application may be withdrawn, there was no need to open the Public Hearing. At this time the applicant is looking for conceptual approval for their project. Edward Beane, Esq., Village Counsel, noted that procedures must be followed. No determination could be made at this time. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the Public Hearing was adjourned to July 28, 2015. The roll was called: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Edward Beane, Esq., noted that the Board now has an adjourned public hearing. The next step would be for the applicant to withdraw their request for rezoning. Mayor Rosenberg stated that removing the retail aspect of the project, lessens the traffic. He questioned whether or not senior housing could be included, and if the parking in the front could be reduced. Board of Trustees Meeting July 14,2015 Page 6 Mrs. Madonna noted they hoped to remove the retail and add additional units, slotted for senior citizens, would not increase the number of children that would entire the school system. She also noted that fire access is an issue. Trustee Rednick noted that the Comprehensive Plan suggests a mix use. He agreed that the parking in the front of Bowman Avenue should be removed. Trustee David Heiser noted that actual plans are needed before any decision is made. Mayor Rosenberg noted that many people were concerned about traffic. Trustee Epstein noted that height of the building should be reduced. Trustee Klein noted that the initial plan was for 16 units with no retail component. Mayor Rosenberg noted that the Board wants to see more detail before they offer their informal opinion. He did note that there needed to be a buffer on Bowman Avenue for emergency access. Mr. Bradbury suggested that the applicants nail out the County's ideas and then create informal sketches. The applicant will return in two weeks. Board of Trustees Meeting July 14,2015 Page 7 RESOLUTIONS: 2) Considering a rezoning petition for property located at 80 Bowman Avenue The resolution for this matter was adjourned to the July 28th meeting. Mayor Rosenberg asked that resolution #9 be taken at this time. 9) Considering approving use of Village streets for the 2015 Hudson Valley Bike Ride Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 2015 HUDSON VALLEY BIKE RIDE RESOLVED, that subject to the final approval of the Rye Brook Police Department, The Jewish Board is authorized to use the Village of Rye Brook streets for the 2015 Hudson Valley Bike Ride on Sunday, July 19, 2015, requested in an email dated July 14, 2015; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. A brief overview of the bike ride, along with the times the cyclists would be passing through Rye Brook was given. The Rye Brook police have been notified, and there will be EMT Services on site, along with their own service vehicles. Greenwich has been notified of the event. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 14,2015 Page 8 Mayor Rosenberg called for the second item under Resolutions: 2) Considering an appointment to the Advisory Council on Parks and Recreation Mr. Bradbury called the roll: RESOLUTION CONSIDERING AN APPOINTMENT TO THE ADVISORY COUNCIL ON PARKS AND RECREATION BE IT RESOLVED, that Emma Sahir of 44 Bonwit Road shall be appointed to the Advisory Council on Parks and Recreation to fill the unexpired term of Brian Funtleyder which shall expire on the first Monday of April 2017 On a motion made by Trustee Rednick, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4) Considering an Inter-municipal Agreement with Westchester County for Mutual Aid and Rapid Response Plan Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A MUTUAL AID AND RAPID RESPONSE INTER- MUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor and Village Administrator to sign and execute all necessary documents to enter into the Westchester County Mutual Aid Inter-Municipal Agreement Board of Trustees Meeting July 14,2015 Page 9 regarding mutual aid and a rapid response plan for the Police Departments of Westchester County Mr. Bradbury noted that this agreement is renewed every five years. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 5) Considering an agreement with Cablevision Lightpath for telephone and internet services Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AGREEMENT WITH LIGHTPATH FOR TELEPHONE AND INTERNET SERVICES WHEREAS, the Village of Rye Brook Village Hall, Fire Department and Police Department are contracted with Cablevision Lightpath for telephone, voicemail and internet services; and WHEREAS, the current hardware and software systems are outdated and in need of an upgrade; and, WHEREAS, Lightpath has proposed an upgrade to the system that includes the hardware and software necessary, the phones and the internet data. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook hereby enters into a Service Agreement with Lightpath for VOIP telephone, voicemail and internet services, subject to the final approval of the Village Attorney; and be it Board of Trustees Meeting July 14,2015 Page 10 FURTHER RESOLVED, the Mayor and Village Administrator are hereby authorized to sign and execute any and all necessary documents to accomplish the purpose of this resolution. Mr. Bradbury noted that there would be an upgrade of the outdated equipment. The result will be a faster internet service at no additional cost. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 7) Considering the authorizing the issuance of$497,500 Bonds to pay the cost of capital projects authorized in the Adopted 2015-2016 budget. Mr. Bradbury read the following resolution: BOND RESOLUTION DATED JULY 14, 2015. A RESOLUTION AUTHORIZING THE ISSUANCE OF $497,500 BONDS OF THE VILLAGE OF RYE BROOK, WESTCHESTER COUNTY, NEW YORK, TO PAY THE COST OF THE ACQUISITION OF VARIOUS EQUIPMENT AND VEHICLES FOR CONSTRUCTION AND MAINTENANCE PURPOSES OR FOR RECREATIONAL PURPOSES AT PLAYGROUNDS OR OTHER RECREATIONAL AREAS, IN AND FOR SAID VILLAGE. WHEREAS, all conditions precedent to the financing of the capital purposes hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act to the extent required, have been performed; and WHEREAS, it is now desired to authorize the financing of such purposes; NOW, THEREFORE, BE IT Board of Trustees Meeting July 14, 2015 Page 11 RESOLVED, by the Board of Trustees of the Village of Rye Brook, Westchester County, New York, as follows: Section 1. For paying the cost of the acquisition of various equipment and vehicles for construction and maintenance purposes or for recreational purposes at playgrounds or other recreational areas, including incidental expenses in connection therewith, a class of objects or purposes, there are hereby authorized to be issued $497,500 bonds of said Village pursuant to the Local Finance Law. None of the objects or purposes are assessable improvements. Section 2. It is hereby determined that the estimated maximum cost of the aforesaid class of objects or purposes is $497,500, and that the plan for the financing thereof shall be by the issuance of the $497,500 bonds authorized pursuant to this bond resolution Section 3. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law, as each item in said class of objects or purposes shall have a period of probable usefulness of at least five years under one or more of subdivisions 19, 28 or 32 of said paragraph a. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Village Treasurer, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Village Treasurer, consistent with the provisions of the Local Finance Law. Section 5. The faith and credit of said Village of Rye Brook, Westchester County, New York, are hereby irrevocably pledged to the payment of the principal of and Board of Trustees Meeting July 14, 2015 Page 12 interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property of said Village a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the Village of Rye Brook, Westchester County, New York, by the manual or facsimile signature of the Village Treasurer and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the Village Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Village Treasurer, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the Village; provided, however, that in the exercise of these delegated powers, the Village Treasurer shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Village Treasurer shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of Board of Trustees Meeting July 14, 2015 Page 13 the Village by the facsimile signature of its Village Treasurer, providing for the manual countersignature of a fiscal agent or of a designated official of the Village), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Village Treasurer. It is hereby determined that it is to the financial advantage of the Village not to impose and collect from registered owners of such bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the Village Treasurer shall determine. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long- term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. The Village Treasurer may advance funds for any purpose for which such bonds are authorized, pursuant to Section 165.00 of the Local Finance Law. Section 10. The validity of such bonds and bond anticipation notes may be contested only if: (1) Such obligations are authorized for an object or purpose for which said Village is not authorized to expend money, or (2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, Board of Trustees Meeting July 14, 2015 Page 14 and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (3) Such obligations are authorized in violation of the provisions of the Constitution. Section 11. This resolution, which takes effect immediately, shall be published in summary in The Journal News, a newspaper having general circulation in said Village, together with a notice of the Village Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Mr. Bradbury gave an overview of the resolution. He noted that the rate would be a favorable rate. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 8) Considering the approval of the Minutes of the meetings of May 26 and June 9, 2015. On a motion made by Trustee Klein and seconded by Trustee Heiser, the summary was approved. The roll was called: Trustee Susan Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 14, 2015 Page 15 ADMINISTRATOR'S REPORT Mr. Bradbury began his report by noting that the movie in the park this week would be Paddington Bear at Pine Ridge Park. The second summer concert, a Jazz concert, is scheduled for July 31st. The first concert was a very nice event. The High Street paving project is out to bid. Hopefully work will be completed before October. This is more than a mill and pave project. The City of Rye has been notified. Mayor Rosenberg noted that the rain date for Friday night's movie in the park was Sunday, August 2nd. He also noted that concert was a resounding event. The music was fantastic at the first concert. DISCUSSION ITEMS 1) IMA with Westchester County to reduce Inflow and Infiltration in the County's Sanitary Sewer System Mr. Bradbury gave background on this matter. The Village is responsible for the sanitary sewer system. The State oversees all projects. The Village residents are responsible for the lines that go from the house to the Street. The Village is responsible from the street to the sewer system. During rain storms there is water that gets into the system. When the system cannot handle the amount of overflow then the sewer backs up. The County is working with the municipalities to address these types of storm water concerns. The inflow and infiltration problem must be addressed. Smoke testing has been done followed with enforcement. The County is looking for support. Residents must confirm that there are no illegal hook ups into the sewer lines. The county is dealing with this matter. Mr. Bradbury and his staff will work with the County. Mayor Rosenberg noted that some provisions in the IMA were too stringent. So far only one municipality has signed. It was his person opinion was that this matter should be addressed by the County. Board of Trustees Meeting July 14,2015 Page 16 There being no further business, tonight's meeting was adjourned to executive session to further discuss non union personnel. Board of Trustees Meeting July 14,2015 Page 17