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HomeMy WebLinkAbout2015-03-10 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 10, 2015 AGENDA 7:00 P.M. —EXECUTIVE SESSION 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS RESOLUTIONS: 1) Considering the appointment of Luigi Greco to the position of Police Sergeant 2) Considering IDA Application regarding the Westchester County Airport 3) Designating the Housing Action Council as Program Administrator for purposes of affordable housing projects under Chapters 6 and 250 of the Village Code. 4) Considering a proposal for fire training services. 5) Considering a budget transfer from contingency to snow account (overtime). 6) Considering a bid award for Magnolia Street Light Project. 7) Considering the approval of minutes for the Village Board meetings held on February 24, 2015. 8) Considering declaring Municipal Office Equipment and Furniture as surplus for sale. Board of Trustees Meeting March 10,2015 Page 1 of 14 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS 1) Discussion considering a local law amending Chapters 217 and 250 of the Village of Rye Brook Code concerning the definition of impervious surface coverage ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: March 24 and April 14, 2015 BOARD: Trustee Susan R. Epstein Trustee David 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 Greg Austin, Chief of Police Jennifer Grey, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Marilyn Timpone-Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Paul Rosenberg called the Tuesday, March 10, 2015 meeting of Board of Trustees meeting to order. He noted that the Board held an Executive Session prior to the meeting to discuss potential litigation. Board of Trustees Meeting March 10,2015 Page 2 of 14 Mayor Rosesnberg stated that this was a very special night. He announced the promotion of Officer Luigi Greco to police sergeant. RESOLUTIONS: 1. Considering the appointment of Luigi Greco to the position of Police Sergeant Mr. Christopher Bradbury, Village Administrator, read the following resolution: RESOLUTION CONSIDERING THE APPOINTMENT OF OFFICER LUIGI GRECO TO THE POSITION OF POLICE SERGEANT WHEREAS, The Village Board of Police Commissioners interviewed three (3) internal candidates for the position of Police Sergeant in the Rye Brook Police Department; and, WHEREAS, the Board of Police Commissioners concluded that Officer Luigi Greco possesses the necessary skills and qualifications to effectively serve as Sergeant in the Rye Brook Police Department; and, WHEREAS, the Village Administrator, on behalf of the Village Board, offered Officer Greco the position on February 25, 2015 to which Officer Greco responded positively. NOW, THEREFORE BE IT RESOLVED, that Officer Luigi Greco is hereby promoted to Sergeant in the Village of Rye Brook Police Department. Mayor Rosenberg noted that Officer Luigi Greco was very qualified for this position. One of his current duties was DARE officer, and the children loved him. Mayor Rosenberg presented Sgt. Greco with his badge. The Mayor and Board congratulated him on his promotion. Mrs. Greco was called upon to pin Sgt. Greco's new badge on him. His children came up to congratulate him and take photos commemorating this happy occasion Board of Trustees Meeting March 10,2015 Page 3 of 14 Sgt. Greco thanked the Board for the promotion. He stated that he was excited to start next chapter of his career. Mayor Rosenberg thanked members of the public for attending the service and noted that Bill Villanova from the Town of Rye was in attendance. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the resolution was approved. Sarah Bledsoe, Assistant to the Village Administrator, called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 2. Considering IDA Application regarding the Westchester County Airport Mr. Bradbury read the following resolution: RESOLUTION (REVISED DRAFT 03-10-2015) CONSIDERING THE WESTCHESTER COUNTY IDA PROJECT PROPOSED AT THE WESTCHESTER COUNTY AIRPORT WHEREAS, the Village of Rye Brook has received a notice of a Westchester County Industrial Development Agency Project (the "Project") in accordance with Section 859-a of the General Municipal Law; and WHEREAS, FlexJet, LLC has requested financing to be issued by the Westchester County Industrial Development Agency (the "IDA") for the renovation of a hangar at the Westchester County Airport, in the amount of $5,150,000 for property at Hangar F, Hangar Dr., Rye Brook; and WHEREAS, the project includes a lease agreement with Westchester County Airport and $5,000,000 of capital in repairs, replacements, upgrades, code compliance, renovations and furniture, fixtures and equipment; and Board of Trustees Meeting March 10,2015 Page 4 of 14 WHEREAS, FlexJet, LLC would be relocating to the Westchester County Airport, renovating a terminal to modernize the facility and accommodate the industry toward larger aircraft and support its customer base, provide more job opportunities, and support both the FlexJet private airline fleet as well as affiliated "sister" companies and administrative offices. WHEREAS, the IDA application includes a request for exemptions in sales tax (est. $193,750), mortgage recording tax (est. $66,950), and potentially real estate taxes (TBD); and WHEREAS, a public hearing was held by the IDA on Friday, March 6, 2015 at 10:00am at Rye Brook Village Hall, 938 King Street, Rye Brook. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Village Board hereby supports the Westchester County Industrial Development Agency Project with FlexJet, LLC at Hangar F, Hangar Drive, Rye Brook, also known as Westchester County Airport, subject to the following conditions which, if they were not included in the Project, would constitute an objection by the Village or Rye Brook: 1) If any reduction in real estate taxes are requested by the applicant as part of this Project, that the applicant will be required to enter into a payment in lieu of taxes (PILOT) agreement with the Village of Rye Brook, the Blind Brook School District and the Town of Rye. If a PILOT cannot be agreed upon, the property will be listed on the tax rolls as fully taxable; and 2) The lease agreement between FlexJet, LLC and the County of Westchester shall include language that FlexJet cannot challenge its taxable status at the Westchester County Airport; and 3) An authorized representative of FlexJet, LLC will provide a letter directly to the Village of Rye Brook confirming that the property will not be tax exempt and that they will not challenge its taxable status during the term of the lease with the County of Westchester. BE IT FURTHER RESOLVED, when considering IDAs the Village of Rye Brook has consistently required the local portion of the mortgage tax to be paid at full value, however, there are elements to this Project that are distinguishable from prior Projects such that any determination by the Village of Rye Brook Village Board to alter its position on that issue shall not be precedential for the Village Board's consideration of future IDA Projects. Board of Trustees Meeting March 10,2015 Page 5 of 14 Westchester County has given the Village notice of an IDA (Industrial Development Agency) project. FlexJet has requested financing to renovate a hanger at the Westchester County Airport. The IDA application includes a reduction in sales tax, mortgage tax, and potentially real estate taxes. If the applicant should apply for a reduction in taxes a PILOT (payment in lieu of taxes) would be put in place. Mayor Rosenberg noted that there was an issue with another operator in the airport that challenged their tax status. The County Executive's Office and County Legislature supported the position that they are not non-taxable. The County settled with the operator at the airport. The Village and school district was off the hook. This resolution gives the Village a little more guarantee that this applicant will not challenge its tax status in that the Village is receiving a letter from the applicant. FlexJet is receiving a 30 year lease. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Ms. Bledsoe called the roll: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 3. Designating the Housing Action Council as Program Administrator for purposes of affordable housing projects under Chapters 6 and 250 of the Village Code. Mr. Bradbury read the following resolution: RESOLUTION (revised) DESIGNATING THE HOUSING ACTION COUNCIL AS PROGRAM ADMINISTRATOR FOR PURPOSES OF AFFORDABLE HOUSING PROJECTS IN THE VILLAGE OF RYE BROOK WHEREAS, the Board of Trustees is authorized, pursuant to Section 6-11 of the Village Code, to appoint an official, board or other entity to act in the place of the Village Administrator (or program administrator) for purposes of the Affordable Middle-Income Development Program at BelleFair; and Board of Trustees Meeting March 10,2015 Page 6 of 14 WHEREAS, the Board of Trustees is required, pursuant to Section 250- 26.1(M) of the Village Code, to appoint a local not-for-profit agency to serve as "Program Administrator" for projects in the Village's Fair and Affordable Housing Districts ("FAH Districts"); and WHEREAS, the Village of Rye Brook also has received applications for affordable housing outside BelleFair and the FAH Districts and anticipates similar affordable housing proposals in the future; and WHEREAS, the Board of Trustees has received a proposal from Housing Action Council, Inc. ("HAC"), dated March 1, 2015, and a draft agreement offering HAC's services as Program Administrator of the above-mentioned affordable housing programs and projects; and WHEREAS, the Board of Trustees, upon consideration of said proposal, finds that it will be in the interests of the Village to appoint the HAC as the Program Administrator for the above-mentioned affordable housing programs and proj ects. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Sections 6- 11 and 250-26.1(M) of the Village Code, the Board of Trustees hereby designates HAC the Program Administrator for the Affordable Middle-Income Development Program at BelleFair, for all projects now or later constructed in the Fair and Affordable Housing District and for all projects now or later constructed in the Village which are administered as affordable housing; and be it FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign the agreement with the Housing Action Council for these services, subject to any modifications recommended by the Village Attorney. The Village Code either allows for or requires Affordable Housing projects. The Board has proposed appointing Housing Action Council (HAC) to serve as Program Administrator. The Board discussed the guidelines for selling affordable housing. The scenario being addressed is when someone purchases an affordable housing property, and then makes a sizeable improvement, that the owner should be able to recoup some of the funds when the home is sold. The Housing Council will work with the Village to come up with a local law regarding add-on value for the capital improvements. There is currently a proposal for affordable housing included in the Sun Homes Project at Reckson Office Park. This project must be consistent with Westchester County Housing Authority regulations. Board of Trustees Meeting March 10,2015 Page 7 of 14 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 Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4. Considering a proposal for fire training services. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSAL FOR FIRE TRAINING SERVICES TO BE PROVIDED BY PAUL GERARDI WHEREAS,the Rye Brook Firefighters are required to complete 100 hours of training per year to be reported to New York State; and WHEREAS, Mr. Paul Gerardi, a certified fire training instructor, has submitted a proposal dated March 3, 2015 to coordinate the in-service fire training program for the eight (8) Rye Brook Firefighters; and, WHEREAS, approximately two (2)training days will be provided each month, covering a variety of required subject areas, and will be conducted at the Rye Brook Fire Department whenever possible. NOW, THEREFORE BE IT RESOLVED, the Village Board of Trustees hereby authorizes Mr. Gerardi to provide fire training administration and instruction services for the Rye Brook Fire Fighters in accordance with the proposal dated March 3, 2015. Mr. Bradbury noted that this is the right training for the Rye Brook Firefighters. The instructor, Mr. Gerardi, is more than qualified. On a motion made by Trustee David Heiser, and seconded by Trustee Epstein, the resolution was adopted. Board of Trustees Meeting March 10,2015 Page 8 of 14 The roll was called: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 5. Considering a budget transfer from contingency to snow account (overtime). Mr. Bradbury read the following resolution: RESOLUTION (revised 3/10/15) CONSIDERING A BUDGET TRANSFER FROM CONTINGENCY TO SNOW BE IT RESOLVED that the proposed budget transfers are hereby approved: 1) From: 101.1990.424 — Contingency - $15,000 To: 101.5142.199 - Snow Removal— Overtime/Temp Help $15,000 2) From: 901.7140.200 —Trailer -$1,200 To: 901.5110.200 — Loader $1,200 Board of Trustees Meeting March 10,2015 Page 9 of 14 Mr. Bradbury noted that this was a challenging winter and the Village's staff worked very hard. The Village received many calls from residents who were very pleased at how well the Highway Department did in light of all of the snow storms. 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 Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 6. Considering a bid award for Magnolia Street Light Project Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A BID AWARD FOR THE MAGNOLIA DRIVE STREET LIGHTING PROJECT WHEREAS,the Village of Rye Brook has solicited bids for The Magnolia Drive Street Lighting Project; and, WHEREAS, on March 3, 2015, the Village Administrator opened three (3) sealed bids summarized below; Bidder Base Bid Alternate Schmitt Obrien $18,320 $540 Verde Electric $46,157 $787 Mid Island Electrical Supply Unopened— bid package arrived late WHEREAS, upon reviewing the bids, the Village Administrator and Village Engineer determined the lowest responsible bidder meeting all the requirements of the bid document is Schmitt Obrien for the Base Bid price of$18,320. Board of Trustees Meeting March 10,2015 Page 10 of 14 NOW, THEREFORE BE IT RESOLVED, that bid 915-03 the Magnolia Drive Street Lighting Project is hereby awarded to Schmitt Obrien for the base bid price of $18,320; and be it FURTHER RESOLVED, that the Bid Alternate is hereby awarded in the amount of$540; and be it FURTHER RESOLVED that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary and appropriate to accomplish the purpose of this resolution. Mr. Bradbury noted that three bids were received, however the third bid was received two minutes past deadline so that bid remained unopened The lowest bid that met the requirements was accepted, and awarded to Schmitt O'Brien. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 7. Considering the approval of minutes for the Village Board meetings held on February 24, 2015. The consensus of the Board was to approve the minutes for the February 24, 2015 Board of Trustees Meeting. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Heiser, the minutes were approved. The roll was called: Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting March 10,2015 Page 11 of 14 Mayor Rosenberg called for item #8 on the agenda: 8) Considering declaring Municipal Office Equipment and Furniture as surplus for sale Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING DECLARING MUNICIPAL OFFICE EQUIPMENT AND FURNITURE AS SURPLUS FOR SALE WHEREAS, the Village of Rye Brook has office equipment and furniture that is no longer of functional value or use to the Village and may have resale value. NOW THEREFORE BE IT RESOLVED, that the equipment listed below is declared surplus to be sold to the highest qualified bidder through an approved bidding process with Municibid and where a classified advertisement will also be published in the official paper of the Village: • Fifteen(15), 36"x 64" Five Drawer Cabinets. • Three (3), 41"x 18" Five Drawer Flat File Cabinets. • One (1), custom-made, three piece black upholstered sectional sofa with semi-circular footprint (approximately 10.5 feet wide and 6.5 feet deep) (note: donated to village on 01/24/2012). AND BE IT FURTHER RESOLVED, that if no bids are received for a particular item, that the items may be disposed of through appropriate means; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury noted that the file cabinets are a result of the scanning project and they are no longer being used. These cabinets, along with several other items, are now considered surplus equipment. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Board of Trustees Meeting March 10,2015 Page 12 of 14 Trustee Susan Epstein voting aye Trustee Jason Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that we had a rough winter and the result is some terrible potholes. King Street has some substantial potholes, but this is a State road. The Highway Department has been working on patching the potholes since the snow stopped. The Village's website has a place where you can note potholes on Village streets. Trustee Heiser noted that the Highway Department was fabulous during this horrendous winter. Many compliments have been received from residents about the Highway Departments' work. The County Teams are doing well. The Village is still short on men's softball teams. Without another few teams the program will not run. The Pine Ridge Park playground action is expected soon. The next meeting of the Recreation Council is scheduled for next Tuesday at 8:15 p.m., and then the matter will be back before the Village Board. Mr. Bradbury noted the DARE Breakfast scheduled for Sunday, March 22nd at the Port Chester Middle School. This is a very nice event and everyone is invited. The nominal fee for breakfast goes to the DARE program. Mr. Bradbury noted that the Village elections were scheduled for March 18th. The same polling places as the November elections would be open. Mayor Rosenberg called for members of the public wishing to address the Board. There being no one, he moved to the Discussion Item on the agenda. DISCUSSION ITEM: 1) Discussion considering a local law amending Chapters 217 and 250 of the Village of Rye Brook Code concerning the definition of impervious surface coverage Board of Trustees Meeting March 10,2015 Page 13 of 14 The issue that the Village is trying to capture is modifications to the local law regarding impervious surfaces. There are many different surfaces that residents are starting to use. Clear definitions will be created. The goal is give clear direction as to application, i.e.: lot coverage. There are many question regarding storm water and aesthetics. The Planning Board has reviewed and discussed this matter and made recommendations. Next there will be more discussions. Jennifer Grey, Esq., Village Counsel, gave a brief overview of how to define imperious surfaces. Mr. Nowak, Superintendent of Public Works, noted that the use of pervious pavement must be in line with the Village's Code. Different materials carry different manufacturer's specifications. This topic warrants more discussion. Mayor Rosenberg called upon Trustee Klein for comments. Trustee Klein addressed the issue of credits to applicants that install these types of impervious surfaces. There needs to be a limit to the amount of pervious asphalt that can be used on a lot. It is not just one particular product. Mr. Nowak noted that there is a company that makes slabs that look just like concrete. There are also maintenance requirements. Trustee Heiser pointed out that not all the products are the same. Mr. Nowak stated that he would need to do some additional research. A Country Ridge Drive resident addressed the Board. He noted that he was looking to get an idea of where the Board stood on the installation of pervious surfaces. They were in the process of putting together a landscaping plan and understand capturing storm water, as well as the cost of the surfaces to be installed. He felt that it was fair for the Village to come up with some kind of ratio. Mayor Rosenberg noted that there were two budget workshops coming up. The first was scheduled for March 25th, and the second for April 7th. Residents were encouraged to attend. The new fiscal budget starts on June 1, 2015. The next Board of Trustees Meetings are scheduled for Mach 24th and April 14th. There being no additional business before the Board, the meeting was adjourned at 8:26 p.m. Board of Trustees Meeting March 10,2015 Page 14 of 14