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HomeMy WebLinkAbout2015-05-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MAY 26, 2015 6:45 P.M.—EXECUTIVE SESSION: property acquisition 7:30 P.M.—REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: 1) Annual Report—Municipal Separate Storm Sewer System (MS4) AFFORDABLE HOUSING: PUBLIC HEARINGS: 1) Considering an application for a zone change in connection with an application for a lot merger and site plan approval to construct a mixed-use building at 80 Bowman Ave. RESOLUTIONS: 1) Considering the appointment of a Recreation Attendant 2) Considering setting a public hearing regarding a proposed local law modifying the BelleFair Middle Income Unit housing legislation to recapture a portion of capital costs for June 9, 2015 3) Considering the installation of a memorial bench at Garibaldi Park 4) Considering setting a public hearing regarding an application for a Tier III Home Occupation Permit to operate a yoga studio for June 9, 2015 5) Considering setting a public hearing regarding property located at 528 Ellendale Ave pursuant to the Eminent Domain Procedure Law for July 14, 2015 6) Considering appointments to the Advisory Council on Parks and Recreation and the Technology and Communications Committee 7) Considering an amendment to the surplus equipment bid awarded on January 13, 2015 8) Considering rejecting the bid for the installation of sewer pumps 9) Considering a resolution authorizing the renewal of a Westchester County Department of Health Food Service Permit Application to operate a food service establishment at the Anthony J. Posillipo Community Center 10)Considering the approval of Minutes from April 14 and April 28, 2015 ADMINISTRATOR'S REPORT OLD BUSINESS 1) Considering whether to participate in a Community Choice Aggregation Program with Sustainable Westchester NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS June 9 and June 23, 2015 Mayor Rosenberg called tonight's meeting to order, wished a happy 40th birthday to Trustee Klein and asked with the Boards permission to move item 5 to the top of the agenda as he believed there were people in the audience for that specific topic. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING FOR A PROPOSED CONDEMNATION OF PROPERTY LOCATED AT 528 ELLENDALE AVENUE VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village Board has proposed the acquisition pursuant to the Eminent Domain Procedure Law of the State of New York(the "EDPL") of real property commonly known as 528 Ellendale Avenue, which property is designated on the Town of Rye Tax Map as Section 141.35, Block 2, Lot 38 (hereinafter the "Property") for use in connection with the recently acquired Village Highway Garage located on the adjacent property at 511 West William Street; and WHEREAS, pursuant to Article 2 of the EDPL, a public hearing must be held in order to inform the public and review the public use to be served by the proposed condemnation of the Property and to discuss the impact the proposed condemnation will have on the residents of the Village of Rye Brook. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on July 14, 2015 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook,New York in order to inform the public and review the public use to be served by the proposed condemnation of property located at 528 Ellendale Avenue (Section 141.35, Block 2, Lot 38). BE IT FURTHER RESOLVED,that written public comments shall be accepted until the close of business on the 14th day after the close of the public hearing. BE IT FURTHER RESOLVED, that notice of the public hearing in the form annexed hereto shall be published at least ten (10) but no more than thirty (3 0) days prior to the public hearing in the official newspaper of the Village, Westmore News, Rye Brook, for two successive issues and shall be made upon the record billing owner(s) of 528 Ellendale Avenue and his attorney of record pursuant to EDPL §202(C). BE IT FURTHER RESOLVED, that prior to opening the public hearing the Village Board shall classify the proposed action pursuant to the New York State Environmental Quality Review Act (SEQRA) and will determine whether the proposed action will undergo an uncoordinated review. Mayor Rosenberg explained that this is not the Public Hearing; this is setting the date for the Public Hearing which is July 14, 2015. Mr. Ed Beane, Rye Brook Village Counsel, explained the eminent domain process to the Board and the public noting that this is the very beginning of the process, setting the Public Hearing and that Mr. Ramirez still has time to work with the Village on the sale of the property and he also has the right to challenge the purchase price. This is a legal and a public process. Mayor Rosenberg added that appraisals have been performed by the Village and the owner and they would be happy to sit down with the owner and his legal counsel at any time. All we are doing tonight is setting the Public Hearing however if anyone wants to speak tonight, he would allow it. Max Ramirez— owner of home at 528 Ellendale. The reason he reacted the way he did is that he read in the Westmore News that the Village has started eminent domain proceedings without his knowledge. His concern is that the Village wants to take his property at half of its worth because of the current state of the economy and the way the market is now. We are at the bottom of the market - his assessment went from $600,000 to $323,000 and he does not feel that is what his home is really worth. He asked why the Village can't put the Highway garage on this campus so that all the Rye Brook facilities are in one place. Mayor Rosenberg responded that there is not enough property on this campus to put the Highway garage. He also added that we had two additional appraisals and those came back higher and were presented to Mr. Ramirez's attorney — but the village has not seen any of their appraisals. Mayor Rosenberg thanked Mr. Ramirez for coming to the meeting and advised him everything will be discussed further at the Public Hearing and in the meantime the he advised Mr. Ramirez to send his appraisals so the Village can review them. Mr. Ramirez went on to say that the garage has been there for 40 years and there are narrow roads in this area with very few places to park—two family homes—in the winter it is very bad and dangerous—if you make it bigger it will be worse and asked the Village to look into any other properties possible and try to save money also for the seniors — taxes are high enough and the village should see if there is another option. On a motion made by Trustee Heiser and seconded by Trustee Epstein, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES PUBLIC HEARINGS: 2) Considering an application for a zone change in connection with an application for a lot merger and site plan approval to construct a mixed-use building at 80 Bowman Ave. Mayor Rosenberg explained that prior to tonight's meeting he had a discussion with Chairman Zuckerman of the Planning Board who advised him that this application is still before the Planning Board so this Board will not be able to make a determination or open the Public Hearing while it is still before the Planning Board so we will not open the Public Hearing tonight. After a brief two minute recess Mayor Rosenberg stated that he would allow people to speak on the application but given the fact it is still before the Planning Board they will not open the Public Hearing tonight. They will open the Public Hearing officially when it comes back to this Board from the Planning Board. Administrator Bradbury explained that until they make the determination of significance, this Board cannot act on this application. Mr. Frank Madonna, the applicant explained that they are looking to have the zoning changed back to Cl so they can move forward with their current project. He gave an overview to the public and the Board explaining it is a mixed use project with retail stores on the bottom and apartments above, three stories, landscaped and he showed a preliminary rendering of the project from all sides. The retail stores will be on the Bowman Avenue side, parking is underground for residents and the parking for the stores will be on Bowman Avenue. Mr. Tony Cacciola of Barber Place expressed concern about the traffic on Bowman Avenue especially at school times. He also inquired about if the project was affordable housing or not. Mayor Rosenberg responded that the process right now is the current zoning is for affordable housing. The first order of business is to zone it back to CI which is a commercial zone which would be reverting back to what it was. If we take no action, it will automatically revert back anyway. In front of the Planning Board is the actual site plan application. A lot of questions he believes are not related to the zoning but the actual project—he suggested the people in the audience with concerns go to the Planning Board meeting as they have final approval authority on the project. Mr. Bradbury added that they will also need variances and will have to go before the Zoning Board as well. Frank Madonna explained the variance would be the set back on Barber Place and we are requesting less open space then required. Mr. Bradbury added that the Planning Board is also considering the parking variances required. Agatha of I I Barber Place asked if there was originally a house there, how did it become a C 1 zone and Mr. Bradbury responded that it was always a C I zone. Frank Grippo of Division Street is concerned about parking and that the building is very tall. There is hardly any parking in that area now and once the building goes up there will be even less. He is questioning why the building has to be 3 stories as we have no buildings in Rye Brook that are 3 stories. He also added that currently Port Chester has a lot of development going on with a lot of apartments for rent and believes that will be a problem for Mr. Madonna. Once again Mayor Rosenberg advised them to attend the Planning Board meeting which will take place in this room on June I lth at 7:30 pm. Iola Vinci— 499 Franklin Street believes the building is too high for the area, that traffic will be impacted again and that this is a one way street and she believes it will cause a danger to people/children and the area will be too congested. Mr. Frank Madonna responded that he is also concerned about the traffic and promises they will do what they can to control it. Mr. Ramirez believes this is a problem that we have in this Village — there are too many apartments and buildings and traffic is suffering. On a motion made by Trustee Rednick and seconded by Susan Epstein, the Public Hearing was moved to June 23rd and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES REPORT/PRESENTATIONS: Annual Report—Municipal Separate Storm Sewer System(MS4) Mr. Nowak addressed the Board and gave the report on the separate storm sewer system which involved a DEC permit. We are responsible for monitoring culverts—sanitary sewer system etc. and as a result we have to check all 110 household locations of things like chemicals—paint and temperature changes. It is very tedious, time consuming and expensive and once we find a problem we have to fix it. We monitor our system—we are required to check it and maintain it—every year we clean out 500 catch basins and annually file a report with the DEC. This evening we are explaining to the public what we do and tomorrow we will be filing a report with New York State. Mr. Bradbury added that people don't always realize where the flow goes and we are trying to provide educational information. We have a kiosk with storm water information in Village Hall—we map out our basins and manholes—we have to regulate different size properties when they are doing development. This is an important report and ultimately we have to file the annual activity report with the state. RESOLUTIONS: 1) Considering the appointment of a Recreation Attendant Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF A RECREATION ATTENDANT RESOLVED, that Justin DiSanto of 98 Lakeview Ave, Scarsdale,New York is hereby appointed to the position of Recreation Attendant 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 is $51,663 with an effective start date of June 1, 2015. On a motion made by Trustee Rednick and seconded by Trustee Epstein, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Justin DiSanto was in the audience and thanked the Board for the appointment and Mayor Rosenberg welcomed him to Rye Brook. 2) Considering setting a public hearing regarding a proposed local law modifying the BelleFair Middle Income Unit housing legislation to recapture a portion of capital costs for June 9, 2015 Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A LOCAL LAW AMENDING CHAPTER 6 OF THE VILLAGE CODE REGARDING MAJOR CAPITAL IMPROVEMENTS FOR AFFORDABLE MIDDLE-INCOME UNITS AT BELLEFAIR VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to Chapter 6 of the Village Code to permit selling owners of affordable middle-income units at BelleFair to recapture the cost of mayor capital improvements, as defined by the local law, upon the sale of the unit; and WHEREAS, a proposed local law was introduced on May 26, 2015 to amend Chapter 6 of the Code of the Village of Rye Brook to implement the purpose set forth above; and WHEREAS, on May 26, 2015 the Board of Trustees of the Village of Rye Brook determined that the proposed action to be a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA) and therefore no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on June 9, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the proposed local law. Mayor Rosenberg explained that we were requested by several of the residents of this development to determine if we could modify the law to recoup some of the investments they may be making in the units. There is a certain purchase price and a certain sale price and because of that it does not allow anyone to regain their money on upgrades and major repairs. He believes it's fair to modify the code to allow for some of the investment to be recouped. Mr. Bradbury added that the Village asked the Housing Action Council for input on this issue. At this point in time the selling price is always a fixed amount—some residents want to upgrade a kitchen or bathroom or make larger capital improvements. The procedure proposed is the residents that have made investments and can prove it can get up to $30,000 back but not more than that. On a motion made by Trustee Epstein and seconded by Trustee Rednick, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 3) Considering the installation of a memorial bench at Garibaldi Park Mr. Bradbury read the resolution: RESOLUTION ACCEPTING THE DONATION OF A MEMORIAL BENCH AND PLAQUE AT GARIBALDI PARK WHEREAS, the family of Joey Touri has submitted a request to the Village that a memorial bench and plaque be installed in Garibaldi Park in his name; and WHEREAS, the family of Joey Touri would donate the bench and accompanying plaque to the Village for installation at Garibaldi Park in a space near to the basketball courts. NOW, THEREFORE BE IT RESOLVED, the Village Board hereby accepts the donation of a memorial bench and plaque at Garibaldi Park in memory of Joey Touri; and be it FURTHER RESOLVED, that said approval is contingent upon the review of the specific location within Garibaldi Park and final design by the Village Administrator and Superintendent of Parks and Recreation. Mayor Rosenberg explained how Joey passed away and expressed his condolences to the family as well as expressing our appreciation for them wanting to donate this bench and remember their son. Joey played at this park a lot with his friends and it is a fitting placed to have a memorial for him. On a motion made by Trustee Rednick and seconded by Trustee Heiser, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 4) Considering setting a public hearing regarding an application for a Tier III Home Occupation Permit to operate a yoga studio for June 9, 2015 Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A TIER IIII HOME OCCUPATION PERMIT FOR A YOGA STUDIO AT 16 LINCOLN AVENUE WHEREAS,Ms. Maegan Walton, owner of 16 Lincoln Avenue desires to receive a Tier III Home Occupation Permit for the use of residence as a Yoga Studio; and WHEREAS, Ms. Walton has submitted a Tier III Home Occupation Permit Application to the Building Department; and WHEREAS, Ms. Walton has outlined the hours of operations and number of employees for the proposed Home Occupation in accordance with the Village of Rye Brook Code. NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby set for June 9, 2015 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. Mrs. Walton explained this is just a small yoga studio in her home. On a motion made by Trustee Epstein and seconded by Trustee Rednick, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 6) Considering appointments to the Advisory Council on Parks and Recreation and the Technology and Communications Committee Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF JASON STEINGBERG TO THE ADVISORY COUNCIL ON PARKS & RECREATION AND LARRY COHEN TO THE TECHNOLOGY & COMMUNICATIONS COMMITTEE BE IT RESOLVED, that Jason Steinberg of 26 Beechwood Blvd. shall be appointed to the Advisory Council on Parks and Recreation to fill a vacancy for a term that shall expire on the first Monday of April 2016; and be it FURTHER RESOLVED, that Larry Cohen of 38 Bonwit Road shall be appointed to the Technology and Communications Committee to fill a vacancy which shall expire on the first Monday of April 2016. Mayor Rosenberg thanked the two gentlemen for taking an active interest in the community. On a motion made by Trustee Klein and seconded by Trustee Rednick, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 7) Considering an amendment to the surplus equipment bid awarded on January 13, 2015 Mr. Bradbury called the roll: RESOLUTION CONSIDERING AN AMENDMENT TO THE SURPLUS EQUIPMENT BID AWARDED ON JANUARY 13, 2015 WHEREAS, On January 13, 2015 the Village Board awarded bids to various vendors for surplus equipment totaling $48,891 utilizing the Municibid program; and, WHEREAS, the 1999 John Deere Tractor was awarded to Alex Hamilton of 1186 Twin Stacks Drive, Warehouse Dallas, PA in the amount at $7,740; and WHEREAS, the Village has made numerous, failed attempts to reach Alex Hamilton and as such, it has been requested that the Village Board award the bid to the next highest bidder; and WHEREAS, the next highest bidder is John Gioffredi of 712 Penn Green Rd, Landenberg, PA in the amount of$7,700 NOW, THEREFORE BE IT RESOLVED, that the January 13, 2015 bid award for the 1999 John Deere Tractor is hereby amended and the vehicle is awarded to John Gioffredi in the amount of$7,700. On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 8) Considering rejecting the bid for the installation of sewer pumps Mr. Bradbury called the roll: RESOLUTION CONSIDERING REJECTING THE BIDS FOR CONTRACT #15-09 INSTALLATION AND STARTUP OF TWO GRINDER PUMPS WHEREAS, The Village of Rye Brook has solicited bids for Contract#15-09; Sewer Grinder Pump Project; and, WHEREAS, at 10:00am on Wednesday,May 20, 2015, one (1) bid was received and opened as summarized below: Bidder Base Bid Eventus Construction $ 63,750 WHEREAS,upon review of the bids, the Village Administrator and Village Engineer have determined that the lowest bid amount of$63,750 exceeds the funding available for the project. NOW, THEREFORE BE IT RESOLVED, that all bids for contract#15-09 Sewer Grinder Pump Project are hereby rejected. We are regrouping and want to do this project but the budget was $45,000 but came in way over that. Trustee Epstein suggested that at the Birthday celebration we maybe want to alert the public to wipes issue and dog feces in the catch basins. It's a great place to let the public know what the problems are with doing this. On a motion made by Trustee Heiser and seconded by Trustee Rednick, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 9) Considering a resolution authorizing the renewal of a Westchester County Department of Health Food Service Permit Application to operate a food service establishment at the Anthony J. Posillipo Community Center Mr. Bradbury read the resolution: RESOLUTION CONSIDER AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Village Administrator, Deputy Village Clerk and Mayor to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. On a motion made by Trustee Rednick and seconded by Trustee Epstein, the resolution was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Resolution 10—Approval of the minutes was held over to the next Board meeting. ADMINISTRATORS REPORT Mr. Bradbury spoke of the Tax cap and the discussion being held at this time are about excluding capital projects from calculations. The Carnival was a success. The numbers are in and they show a $5800 profit even with the not so great weather. There were two goals, create another community event and an additional revenue source. Rye Brook birthday celebration is 4 weeks away—JUNE 20TH Door to door solicitors—we list all people who have permits—no private companies or not for profits registered—no one should be going door to door at this point. Dare Ceremony is next Tuesday at 7pm at Ridge Street School—great event and creates awareness OLD BUSINESS At the last Board meeting we were presented with a unique way for the Village to save money on electricity and the residents as well and if we participated it would be energy from non-fossil fuel. There would be a definite savings over what people are paying currently with Con Edison. Most important to the Mayor is the savings to the residents— guaranteed savings for residents who participate and can opt out at any time. Tonight he wants to see the pulse of the Board—if we were to pass this—we would have to get it out to the residents so that they understand it. Mr. Bradbury explained there is a three party agreement that the Village will have to sign and they are currently reviewing that. Mayor Rosenberg believes it is a win win—people will save money over their current Con Ed bills and can opt out at any time. This is us trying to help residents save money. Trustee Heiser believes there is no negative to this—the key is communication and getting people to understand completely what is involved. Trustee Rednick believes the earlier we get on this the better before the rumor mill starts flowing. Trustee Epstein asked if there was any way to post the documents now on the website. Mayor Rosenberg responded that all of the agenda items are on the website. Mr. Bradbury added that there are a lot of long documents—some of the presentation materials might be better to use—make a cheat sheet of sorts and maybe post the power point presentation. Trustee Epstein added that there are always frequently asked questions. Glen Weinberg of Sustainable Westchester advised that there are 7 municipalities that have passed the program so far and all of the communities that are in will go out to bid together. On the opt out—it is at any time—the opt out process will happen before the switch—they won't have to opt back to Con Ed and there will never be an interruption in their enrollment. They do have cheat sheets that are geared toward communicating with residents—sample emails—call scripts and such. Mr. Bradbury's said the biggest concern is there is no formal agreement yet—won't be drafted until the point in time where the rfp is drafted and they have a vendor. The assurances will be that the cost will be better than the year before. Mr. Bradbury asked about the timeframe to which Mr. Weinberg responded by the end of June—looking at a household threshold—he recommended before mid-June—if they miss that—there will be another round but the negotiation power will be strongest in the first round. Mayor Rosenberg would like to have a resolution prepared for the next meeting. Mr. Weinberg advised that a local law may be required but a referendum will not be. Mr. Bradbury asked what municipalities have passed this so far to which Mr. Weinberg responded—Pleasantville—Village of Ossining— Somers and Greenburg is voting tomorrow night. On a motion made by Trustee Rednick and seconded by Trustee Epstein, the motion to adjourn to executive session to discuss teamster's issues was approved and Sarah Bledsoe called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES