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HomeMy WebLinkAbout2015-01-13 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 13, 2015 AGENDA 7:00 P.M.—EXECUTIVE SESSION: Property Acquisition 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing to consider an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). RESOLUTIONS: 1) Considering an application to amend the Special Use Permit for the gasoline station located at 79 South Ridge Street (aka 93 South Ridge Street). 2) Considering a donation from Rye Brook Youth Soccer Club 3) Considering an amendment to the License and Permit Fee Schedule for parking overnight at the Garibaldi Place municipal parking lot. 4) Considering a renewal agreement with the Westchester County Employee Assistance Program (EAP). 5) Considering entering into agreements for the 2015 Rye Brook Spring Carnival event. Board of Trustees January 13,2015 Page 1 6) Considering the award of bids for surplus municipal equipment. 7) Considering a transfer of funds and authorization for emergency repairs to the Rye Brook Fire Ladder. 8) Considering a transfer of funds for scanning services. 9) Approving minutes for the Village Board meeting held on December 15, 2014. ADMINISTRATOR'S REPORT OLD BUSINESS NE❑ 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: January 27 & February 10, 2015. BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Mayor Paul S. Rosenberg Excused: Trustee Jeffrey B. Rednick VILLAGE STAFF: Christopher Bradbury, Village Administrator Greg Austin, Chief of Police Michel Nowak, Superintendent of Public Works Edward Beane, Esq., Village Counsel Fred Seifert, Public Access Coordinator/IT Paula Patafio, Meeting Secretary Board of Trustees January 13,2015 Page 2 Mayor Paul Rosenberg called the Tuesday, January 13, 2015 Board of Trustees meeting to order. He stated that the Board of Trustees held an Executive Session prior to the meeting on property acquisitions. This is the first meeting for 2015. Trustee Rednick was excused from the meeting due to illness. PUBLIC HEARINGS: 1❑Pu❑®❑ear Cdg to Cons[der an a❑❑Mht Ibn to a❑end t❑e S❑e[Ili EUse Per❑ It for t❑e gaso lFfie stat Coln Cil Chted at 79 Sout❑ R Idge Street di❑a 93 Sout❑ R Idge Street 0 On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the public hearing was declared open. Mr. Christopher Bradbury, Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye The property has passed inspection and all the violations have been corrected. The representative for the applicant presented the Board with the Approval received from the Building Department. New fencing and landscaping has been installed. The type of landscaping installed, improvements, and the hours of operation were discussed. On a motion made by Trustee Jason Klein, and seconded by Trustee Epstein, the public hearing was closed. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye Board of Trustees January 13,2015 Page 3 RESOLUTIONS: 1❑ Cons[der Cfig an a❑❑Mht55n to a❑end t S❑e[Ri❑Use Per El It for t❑e gasolFfie stat Cc3n Cd Cited at 79 Sout❑R Idge Street di❑a 93 Sout❑R Idge Street 0 Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN APPLICATION TO AMEND THE SPECIAL USE PERMIT FOR THE GASOLINE STATION LOCATED AT 79 SOUTH RIDGE STREET IAKA 93 SOUTH RIDGE STREET❑ VILLAGE OF RYE BROOK BOARD OF TRUSTEES ❑ HEREAS, the Village of Rye Brook Board of Trustees is considering an application by property owner Ridge Street Rye Brook, LLC for approval of an amendment to the existing Special Use Permit for 79 South Ridge Street (aka 93 South Ridge Street) to expand the hours of operation from 8:00a.m.-9:00p.m. to 6:00a.m.-9:00p.m., seven days a week, for the gasoline pumps located on the premises, at the intersection of South Ridge Street and Bowman Avenue, designated as Parcel ID 141.27-1-13 on the Town of Rye Tax Map and located in the C-1 Zoning District; and ❑ HEREAS, the Board of Trustees is the Approval Authority for this application; and ❑ HEREAS, the Board of Trustees referred the application to the Rye Brook Planning Board on October 14, 2014, for preparation of a Report and Recommendations concerning the application; and ❑ HEREAS, the Planning Board returned a Report and Recommendations to the Board of Trustees, adopted November 13, 2014, recommending approval of the application subject to certain proposed conditions; and ❑ HEREAS, the Board of Trustees previously determined, by resolution adopted October 14, 2014, that the application is an Unlisted Action pursuant to SEQRA; and ❑ HEREAS, on January 13, 2015, the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on January 13, 2015; and Board of Trustees January 13,2015 Page 11 ❑ HEREAS, the Board of Trustees reviewed the Report and Recommendations of the Planning Board, and comments of the Village Planning Consultant and Village Staff, and ❑ HEREAS, the Board of Trustees is familiar with the site and all aspects of the application. NO❑ , THEREFORE, BE IT RESOLVED, that the Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the application materials that were prepared for this action, hereby adopts the attached Negative Declaration; and be it FURTHER RESOLVED, that the application for an amendment to the existing Special Use Permit for 79 South Ridge Street (aka 93 South Ridge Street) is hereby granted subject to the following conditions: 1. The permitted hours of operation Monday through Saturday each week shall be between 6:00 A.M. and 9:00 P.M. Permissible hours of operation on Sundays shall be between 8:00 A.M. and 7:00 P.M. 2. Except as set forth in condition (3), there shall be no overnight storage of motor vehicles, trucks, trailers, recreational vehicles, boats, snow mobiles or personal watercraft on the premises outside of the building. 3. No vehicle which is waiting for service or which has been serviced in the service bays on the premises shall be parked on the premises for a period exceeding 48 hours. This restriction shall not apply to vehicles parked inside the service bays. 4. The lease or rental of utility trailers, rental trucks and automobiles on the premises is prohibited. 5. The washing or detailing of vehicles on the premises is prohibited. 6. Auto-body work on the premises is prohibited. 7. Gasoline tanker trucks making deliveries to the premises shall not obstruct the public right-of-way or sidewalks. Board of Trustees January 13,2015 Page 5 On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg asked that the applicant consider updating the building. This is the downtown area for Rye Brook. 2❑ Cons[der Cog a donat Cdn fro❑ Rye Broo❑Yout❑So E[kr C Iii❑ Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A DONATION FROM THE RYE BROOK YOUTH SOCCER CLUB ❑ HEREAS, on December 18, 2014 the Village of Rye Brook received a request from the Rye Brook Youth Soccer Club Treasurer, on behalf of their Executive Board, to make a donation in the amount of $5,000 to the Friends of Rye Brook, Inc., to be set aside and used only to offset the costs related to maintaining and improving the King Street athletic turf field; and ❑ HEREAS, the Village Board, as Directors of the Friends of Rye Brook, Inc. is interested in accepting this generous donation for this important purpose. NO❑ THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook, as Directors of the Friends of Rye Brook, Inc., hereby accepts the donation of$5,000 from the Rye Brook Youth Soccer Club; and be it further Board of Trustees January 13,2015 Page 11 RESOLVED, that this generous donation shall be set aside and used only to offset the costs related to maintaining and improving the King Street athletic turf field. Mr. Bradbury noted that this is a very generous donation. Funds are put aside every year for the replacement of the turf on the fields, which will happen eventually and which will be very expensive. This donation has been made and earmarked for that purpose. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 3❑ Cons[der Cog an a❑end❑ent to t❑e L tense and Per❑ 1E Fee S medu[6 for ❑ar❑1hg oL&nCg❑t at t❑e Gar®aIdEP Iii C� ❑unE=h❑❑ar❑dig 53t. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AMENDMENT TO THE LICENSE AND PERMIT FEE SCHEDULE FOR PARKING OVERNIGHT AT THE GARIBALDI PLACE MUNICIPAL PARKING LOT ❑ HEREAS, Village Code Chapter 240-20.1 allows up to ten (10) parking spaces to be made available to residents overnight in the village parking lot off Garibaldi Place from 10:30 P.M. to 7:30 A.M. from November 15 to March 15 when winter parking restrictions are in effect; and ❑ HEREAS, Village Code Chapter 240-20.1 states that the fee for such overnight parking licenses at this location shall be established by resolution of the Village Board. NO❑ THEREFORE BE IT RESOLVED, that the Village Board of the Village of Rye Brook, hereby modifies the License and Permit Fee Schedule as follows: Board of Trustees January 13,2015 Page 7 CODE SECTION SUBJECT 201 m5 FEE 240-20.1 Overnight Parking License $25.00/season at Garibaldi Place Pkg. Lot This is a phenomenal fee of$25.00 for the winter season. Parking in this area is in short supply. A number of years ago the Village made this offer but no one took advantage. Cars should not be parked on the street during the winter. Trustee Klein noted that the parking lot will need to be plowed, but this lot is not really used during a heavy snowfall as it used by patrons of the park and the Posillippo Center. In addition, the permits are for the night time hours, and the parking will be available on one side of the lot. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was read: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye m Cons[der Cog a rene❑a❑agree❑ent ❑ICE] t❑e ❑ est wester County E❑ ❑Cdyee Ass©tan E� Progra❑ [EAPLJ Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVAL OF AN INTERMUNICIPAL AGREEMENT ❑ ITH THE COUNTY OF ❑ ESTCHESTER EMPLOYEE ASSISTANCE PROGRAM AND THE VILLAGE OF RYE BROOK Board of Trustees January 13,2015 Page 8 RESOLVED, that the Village of Rye Brook is authorized to enter into an Inter- Municipal Agreement with the County of Westchester Employee Assistance Program for administrative, managerial and referral services for the period of January 1, 2015 to December 31, 2019 at a rate of forty-five dollars ($45.00) per employee per year; and BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all necessary documents appropriate to accomplish the purposes of this resolution; and be it BE IT FURTHER RESOLVED, that the Village is herby authorized to release funds totaling three thousand two hundred and forty dollars ($3,240) to honor the Inter- Municipal Agreement for the 2015 calendar year. This is review and renewal is done on an annual basis. This agreement includes training for the employees as well. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 5❑ Cons[der Cog enter Cog Cyto agree❑ents for t❑e 2015 Rye Broo❑ S d-Cog Carn 1a❑e Cent. Mayor Rosenberg asked that this resolution be table until the next meeting, when Trustee Rednick is in attendance. With the consensus of the Board, this item will be placed on the agenda for the next meeting. CII Cons[der Cog t a a❑ard of ❑Cds for sur❑Cis ❑un C®a a❑u®❑ent. Mr. Bradbury read the following resolution: Board of Trustees January 13,2015 Page 9 RESOLUTION CONSIDERING THE A❑ ARD OF BIDS FOR SURPLUS MUNICIPAL E❑UIPMENT ❑ HEREAS, the Village of Rye Brook has solicited bids for surplus municipal equipment; and ❑ HEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on December 12, 2014 and listings were posted online through MUNICIBID with an end date of Wednesday January 7, 2015 at 10:00 A.M.; and ❑ HEREAS, at 10:00 a.m., Wednesday, January 7, 2015 the bid deadline was completed. NO❑ THEREFORE BE IT RESOLVED, the following surplus equipment is hereby awarded to the following highest bidders: E❑UIPMENT BIDDER SUBMITTED BID Leaf Loader 43 Steve Slackman P.O. Box 692,Monsey NY $2,700 Leaf Loader 94 Steve Wiggin 76 Ashuelot Rd, Northfield MA $3,516 1989 Sullair Steve Wiggin Compressor 76 Ashuelot Rd, Northfield MA $4,300 1999 John Deere Tractor Alex Hamilton 1186 Twin Stacks Drive Warehouse Dallas PA $7,740 2000 Salsco Chipper Erik Warnick 8 Cedartree Ln, Toms River NJ $8,200 2001 Elgin Sweeper Brian Mcgourty 2 Garden Park, Braintree MA $13,800 Board of Trustees January 13,2015 Page 10 2001 Crown Vic (Black) Janice Greenawalt 30 Overhill Rd, Williamsport PA $1,000 2009 Crown Vic (White) Kimberley Keen 12 Two Penny Run, Pilesgrove NJ $3,433 2010 Crown Vic (White) Mark Wood House 12600 B Belcher Rd, Largo FL $4,101 2010 Crown Vic(White) Jack Boisvert 172 Hamburg Turnpike Bloomingdale NJ $4,101 TOTAL: $48.891 Mr. Bradbury reviewed the bids and equipment being offered. Thanks to the use of Muncibid and Mr. Nowak's hard work, many bids were received. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 7❑ Cons Ider Cog a transfer of funds and aut❑br Mht Coln for e❑ergen Cay re❑a lits to t❑e Rye Broo❑F life Ladder. Mr. Bradbury read the following resolution: Board of Trustees January 13,2015 Page 11 RESOLUTION CONSIDERING A TRANSFER OF FUNDS AND AUTHORI❑ATION FOR EMERGENCY REPAIRS TO THE RYE BROOK FIRE LADDER ❑ HEREAS, Rye Brook Fire Ladder 30 (a 1998 "Quint"), one of two primary fire truck response vehicles for the Village of Rye Brook, was taken to Stewart and Stevenson, an authorized Atlantic Detroit Diesel repair location in Lodi, NJ in December 2014 where it was determined that a major overhaul of the engine and possibly a transmission repair was needed and a quote was provided to the village; and ❑ HEREAS, this emergency work is necessary for the safe operation and availability of Ladder 30; and NO❑ THEREFORE BE IT RESOLVED, that the Village Board hereby authorizes the necessary repairs of Ladder 30 on an emergency basis based on the quotes received by Stewart and Stevenson, an authorized Atlantic Detroit Diesel repair location in Lodi,NJ; and be it further RESOLVED, that the following budget modification be hereby approved for these authorized repairs: FROM TO AMOUNT 101.1990.424 101.3410.441 $29,000.00 (Contingency) (Fire Protection— Equipment Maintenance Repairs) This resolution approves a transfer from the contingency account. This vehicle is aging and will need to be replaced sometime in the future. The truck will be back in a few weeks. A lot of the engine overhaul work has been completed and this work was necessary. Mr. Bradbury noted that there is another truck that is currently being used. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. Mr. Bradbury called the roll: Board of Trustees January 13,2015 Page 12 Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 8❑ Cons Ider dig a transfer of funds for s Ehnn Cog ser Mls. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A TRANSFER OF FUNDS FOR SCANNING SERVICES RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.9010.428 101.1325.189 $ 10,000 (Employee Benefits - (Village Treasurer— State Retirement) Overtime/Vacation Pay) Mr. Bradbury reviewed the transfer in the amount of$10,000. The payroll records are being scanned. This type of information is sensitive and although a lot of the scanning is being done with an outside vendor, this work will be done in house. The treasurer's office is in charge of this portion of the project. These are not additional funds. Board of Trustees January 13,2015 Page 13 On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye 9❑A❑d-o EIhg ❑ diutes for t❑e Verge Board ❑eet Cog ❑ ld on Dem❑ ❑er 15, 201 Q Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: DECEMBER 15, 201❑ NO❑ , THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby certifies the approval of the minutes for the meetings held on December 15, 2014. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted as amended. Mr. Bradbury called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT Board of Trustees January 13,2015 Page 1❑ Mr. Bradbury noted that Village Hall will be closed on Monday, January 19th, in honor of Mart Luther King Day. Christmas Trees are still being picked up. They are brought to the compost site. Recently there were difficulties in building department which involved the need for a court order. These were statewide issues, which can now be resolved. Mayor Rosenberg pointed out that this emergency ruling was issued very quickly. The issue was resolved in 6 weeks. OLD BUSINESS NE❑ BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING Mayor Rosenberg called for questions or comments from members of the public. Dick Hubert of Doral Greens addressed the Board. He noted that he had previously addressed safety conditions on Anderson Hill Road. He worked with Mr. Bradbury and the Village for the installation of the lighting system at Anderson Hill Road and King Street. One of the safety features is that the push of a button stops traffic in all directs so that a person can safely cross the street. It was a long, hard battle. Mr. Hubert noted that he has asked that the Board walk the length of the road so that they could see firsthand the dangers of this area. He appealed for cross walks so that residents using the buses could safely cross this road. He appealed for signage, which was recently installed. This is a new technology sign that warns you if you are speeding, however, he has been informed that this is not a permanent sign and it will be moved somewhere else in the Village. He asked that Mr. Bradbury review the budgets and provide the Police Department with the funds needed to purchase the signs needed though out the Village. Mayor Rosenberg noted that the speeding signs also come with enforcement. Board of Trustees January 13,2015 Page 15 Mr. Hubert noted that this is a heavily used roadway. Last Tuesday a women was hit and killed on King Street. This 51 year old immigrant from Peru got off the bee line bus and walked down the busy road on her way to work in Greenwich. There are no sidewalks for pedestrians. It was dark and she was hit by a speeding car. The Greenwich Police are looking at this as a pedestrian accident and everyone is saying that nothing could have been done to avoid this accident. However, after years of asking for sidewalks and lighting he felt that the Village could have done more. Mayor Rosenberg stopped Mr. Hubert because he found his comments to be offensive, disrespectful and inappropriate. Mr. Hubert noted that he understood that he was making the Board uncomfortable. Mayor Rosenberg stated that this was because the assumptions were inaccurate. Blaming the Village for the lack of sidewalks as a cause of this tragedy is unfair. This intersection is in Connecticut. Mr. Hubert responded that the Town of Greenwich was leaned on in order to install the safety lights at the Anderson Hill and King Street intersection. He asked that Rye Brook contact Connecticut and see what can be done. Trustee David Heiser noted that there was an accident. This women was killed on King Street and sidewalks on Anderson Hill Road would not have made a difference. Mr. Hubert reiterated that this is a dangerous road. Mayor Rosenberg noted stated that Rye Brook is not responsible for the accident. Mr. Hubert stated that the sidewalks would improve travel on these roadways for the patrons of the bee line bus service. He noted that he was very affected by this accident. He felt that Rye Brook has an obligation to make these roads as safe as possible. This is an issue of public safety. He asked that Mayor Rosenberg call the First Selectman of Greenwich to see how improvements can be made to improve safety in this area. Mr. Bradbury noted that the Village has always looked at the safety issues on these roads. The Highway Department goes over and cuts back the shrubs; clearing the line of sight. There are conversations with Greenwich and meetings are set up about ways to improve safety in this area. The water problem on the street also needs to be addressed. The lines of communication are open. Crosswalks have been reviewed and there are many issues that need to be considered. The goal is to make Anderson Hill Road a safer place. There are on-going projects, which include re-locating some of the bus stops. The concern of safety is paramount. Board of Trustees January 13,2015 Page 1❑ Mr. Hubert noted that many people who use this bus line do not live in our community. They cannot afford cars and use county transportation. He stated that he that would be very happy to work with the Village to increase the safety. The Westmore News attempted to get information from the Greenwich Police Department about the cause of this accident without any luck. Mr. Hubert felt that it behooves the Village to see what it can do. Mr. Hubert was thanked for his comments. Mayor Rosenberg noted that the next Board of Trustee Meetings were scheduled for January 27th and February 10th. There being no further business before the Board, the meeting was adjourned at 8:25 p.m. Board of Trustees January 13,2015 Page 17