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HomeMy WebLinkAbout2014-03-25 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 25, 2014 AGENDA 6:00 to 8:30 P.M. —Budget Work Session 8:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Continuation of a public hearing to consider an application to the Public Service Commission to distribute the cost for infrastructure maintenance and access to be included in the United Water rate charges to all customer classes and apportioned among all customers located in the municipality RESOLUTIONS: 1) Considering an application to the Public Service Commission to distribute the cost for infrastructure maintenance and access to be included in the United Water rate charges to all customer classes and apportioned among all customers located in the municipality 2) Considering setting a public hearing for an amended site plan at property located at 1100 King Street (Reckson Executive Park) 3) Considering referring a proposed an application by Toll Land V Limited Partnership for approval of an amended site plan to the Village of Rye Brook Planning Board for report and recommendation 4) Considering the authorization of funds for the 2014 Independence Day celebration to be paid to the Port Chester — Rye Brook — Town of Rye Independence Day Committee Board of Trustees Meeting March 25, 2014 Page 1 of 15 5) Adopting local adjustments for homestead and non-homestead base proportions 6) Overview of the 2014-15 Tentative Budget and setting a public hearing for April 8, 2014 7) Considering an agreement with the Council of Arts for use of Highway Garage storage space 8) Considering budget modifications and transfers 9) Considering the approval of Minutes: January 14, 2014; January 28, 2014; February 11, 2014; February 25, 2014; March 11, 2014 ADMINISTRATOR'S REPORT OLD BUSINESS 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: April 8 & April 22, 2014 Budget Work Session: April 1, 2014 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 David Burke, Assistant Village Administrator Chief Gregory Austin, Chief of Police Edward Beane, Village Counsel Michal Nowak, Superintendent of Public Works Board of Trustees Meeting March 25, 2014 Page 2 of 15 Paula Patafio, Meeting Secretary Fred Seifert, Public Access Coordinator/IT Mayor Rosenberg apologized for starting the regular meeting 20 minutes late. He explained that the Board completed the first of two budget work sessions prior to the meeting; from 6:00 p.m. to 8:30 p.m.. The next work session has been scheduled for April 1, 2014. With the consensus of the Board, Mayor Rosenberg took item 94 under resolutions out of order from the agenda. RESOLUTION: 4) Considering the authorization of funds for the 2014 Independence Day celebration to be paid to the Port Chester—Rye Brook—Town of Rye Independence Day Committee Mr. Christopher Bradbury, Village Administrator, read the following resolution: WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2014 Independence Day Celebration; and WHEREAS,the Village of Rye Brook Village Board would like to continue to assist the Independence Day Committee with this event. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook will pay three thousand five hundred dollars ($3,500.00) to the Port Chester-Rye Brook-Town of Rye Independence Day Committee for its 2014 Independence Day Celebration. On a motion made by Susan Epstein, and seconded by Jason Klein, the resolution was adopted. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Hope Albrecht Klein, Chairperson for the Port Chester-Rye Brook Independence Day Committee addressed the Board. She thanked the Board for their support and noted that everyone was invited to join in the festivities on July 4th at the Port Board of Trustees Meeting March 25, 2014 Page 3 of 15 Chester High School. The total contract this year is over $36,000 and Independence Committee has been actively raising funds. Mayor Rosenberg thanked Mrs. Klein, and noted that she was doing a fantastic job. Mayor Rosenberg returned to the agenda. It was noted that this was a continuation of a public hearing, which had previously adjourned. PUBLIC HEARINGS: 1) Continuation of a public hearing to consider an application to the Public Service Commission to distribute the cost for infrastructure maintenance and access to be included in the United Water rate charges to all customer classes and apportioned among all customers located in the municipality Mr. Bradbury noted that the municipal charge will be removed from the municipal budget; the fee is paid for by property taxes. The water company will now bill all of the users. The Public Service Commission must approve this and the deadline is fast approaching. Other municipalities are also taking this action. Snow storms have put the meetings of the Public Service Commission behind, but their decision will be made shortly. Mayor Rosenberg noted that this matter was delayed twice already. He asked that the Board adjourn this matter one more time until the Public Service Commission had the opportunity to make their decision. Mr. Nick Lyras of Doral Greens addressed the Board. The Homeowners Associations are charged privately by United Water. They pay for hydrants maintenance and flushing --which comes to about $6000.00 annually. However, they have not seen United Water Company in years. If this passes the Homeowners Associations could be hit twice. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the public hearing was adjourned to the April 8th Board of Trustees meeting. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting March 25, 2014 Page 4 of 15 Mayor Rosenberg called for the next item on the agenda. Trustee Klein noted that he would recuse himself from this matter. 2) Considering setting a public hearing for an amended site plan at property located at 1100 King Street (Reckson Executive Park) Mr. Bradbury read the following resolution: WHEREAS, an application has been submitted by Reckson Operating Partnership, L.P. for approval of an Amended Site Plan, Steep Slopes Work Permit, and Wetland Permit for site improvements including new patios and a new walkway at property located at 1100 King Street, designated as Parcel ID 124.82-1-1 and 124.81-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District and the Scenic Roads Overlay Zoning District (the "Project"); and WHEREAS, the Board of Trustees is the approval authority for the Amended Site Plan Application in accordance with Sections 209-I.A(1) of the Village Code and the Planning Board is the approval authority for the Steep Slopes Work Permit and Wetland Permit applications in accordance with Chapters 213 and 245 of the Village Code; and WHEREAS, on January 28, 2014 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, classified the proposed action as Unlisted pursuant to SEQRA which will undergo a coordinated review; and WHEREAS, on January 28, 2014 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, Notice of Intent to Declare Lead Agency was circulated to all involved agencies on February 12, 2014; and WHEREAS, on February 20, 2014 the application was referred to the Westchester County Department of Planning and a response was received on March 5, 2014 which found the application to be a matter for local determination; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated March 13, 2014. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself Lead Agency pursuant to SEQRA. Board of Trustees Meeting March 25, 2014 Page 5 of 15 BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on April 8, 2014, at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of an Amended Site Plan for property located at 1100 King Street and designated as Parcel ID 124.82-1-1 and 124.81-1-1 on the Town of Rye Tax Map; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of public hearing shall be sent to the Town of Greenwich and the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. The representatives for the applicants from Divney Tung Schwalbe addressed the Board. It was noted that this matter has been before both the Board of Trustees and the Planning Board. The plans were reviewed and the comments/suggested changes were made. There are three areas of concern. A patio between Buildings I and 2; a new walkway between Phase I and Phase II; and a small patio near Phase IL The Planning Board asked for items that have been responded to and incorporated into the plans. One item was to provided wetland mitigation plan on a 2 to I replacement per the Village's Code. It was noted that the patios are for tenant use during business hours only during the warm weather months. Mayor Rosenberg noted that the resolution will set a public hearing. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Excused Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 3) Considering referring a proposed an application by Toll Land V Limited Partnership for approval of an amended site plan to the Village of Rye Brook Planning Board for report and recommendation Board of Trustees Meeting March 25, 2014 Page 6 of 15 Mr. Bradbury read the following resolution: WHEREAS, the Board of Trustees is in receipt of an application by Toll Land V Limited Partnership for approval of an amendment to its March 24, 2009 Site Plan of property located at the southerly corner of Anderson Hill Road and King Street — designated as Tax Map Section 129.35, Block 1, Lots 14.1-14.31 (formerly Lot 13) on the Town of Rye Tax Map and located in the H-1 Zoning District, as further amended by the Board of Trustees on May 14, 2013; and WHEREAS, the Board of Trustees is the approval authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the New York State Environmental Quality Review Act ("SEQRA") determines the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the Application for Approval of an Amended Site Plan to the Planning Board for a report and recommendation; BE IT FURTHER RESOLVED, that the Board of Trustees directs, that pursuant to General Municipal Law §239-m, the amended site plan application shall be referred to the Westchester County Department of Planning not less than thirty days prior to the public hearing concerning the application, and that, pursuant to General Municipal Law §239-nn, the amended site plan application shall be referred to the Town of Greenwich no less than ten (10) days prior to the public hearing concerning the application; and be it FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 27, 2014 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the Application for Approval of an Amended Site Plan application by Toll Land V; and be it FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code. Board of Trustees Meeting March 25, 2014 Page 7 of 15 On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Casey Devlin addressed the Board. The current plan calls for installation of 28 poll mounted street lights. This may be too much for this type of community. A lighting consultant prepared a new lighting plan. The new plan calls for twenty- three 3 t/2 foot high lights and one twenty-eight foot light at entrance. There will be lights on each of the garages. Mayor Rosenberg noted the Village is looking at LED lighting., and asked if the applicant was willing to consider this as well. Mr. Bradbury noted that these are private streets and the lights will be maintained by the Homeowners' Association. LED lighting could be installed. Trustee Epstein felt that the new lights were not sufficient. Mr. Devlin responded that this type of lighting has been used in other communities. Doral Greens has a similar style light. The applicant is open to suggestions. An engineering analysis has been completed. Mr. Devlin explained the photometric plan for the Board members. The idea is to light the street whereas a 10' high pole will light more than the street. This application is being sent to the Planning Board, however, there is no Planning Board meeting scheduled for April. There is a timing issue involved here. Considering this, the matter was set for the May 27th Board of Trustees meeting. 5) Adopting local adjustments for homestead and non-homestead base proportions Board of Trustees Meeting March 25, 2014 Page 8 of 15 Mr. Bradbury read the following resolution: WHEREAS, on January 25, 2005 the Board of Trustees adopted Local Law 92- 2005 relating to the adoption of the provisions of Section 1903 of the Real Property Tax Law regarding Homestead Base Proportions; and WHEREAS, the Town of Rye Assessor has prepared Homestead and Non- Homestead base proportions for the Village of Rye Brook; and WHEREAS, the Board of Trustees of the Village of Rye Brook wishes to adopt local adjustments to these base proportions, that will be used to establish a Homestead tax rate and a Non-Homestead tax rate for the 2014-2015 Village Budget and tax rates. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts for the 2014-15 Village tax, Homestead Base Proportions of 72.051834% and Non-Homestead base proportions of 27.948166%; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are authorized to sign all necessary documents to implement the purposes of this resolution; and BE IT FURTHER RESOLVED, that the Town Assessor and Tax Collector are authorized and directed to make any filings on behalf of Rye Brook, and to take any additional actions necessary to implement the purposes of this resolution. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Mr. Bradbury noted that this is done every year in order to make sure that Rye Brook and the Town of Rye are on the same page. The municipalities adopted a local law and there was a re-evaluation. Next the homestead and non-homestead Board of Trustees Meeting March 25, 2014 Page 9 of 15 prop portions were looked at. This brings the percentage closer to what it should be. This is for one and two family homes. The homestead class is paying 72% instead of 80% and homes are paying 32% versus 20%. Mayor Rosenberg called for questions or comments from the Board, or members of the public. There were none. 6) Overview of the 2014-15 Tentative Budget and setting a public hearing for April 8, 2014 Mr. Bradbury read the following resolution: RESOLVED, that a Public Hearing will be held by the Board of Trustees of the Village of Rye Brook on Tuesday, April 8, 2014 at 7:30 p.m. at Village Hall located at 938 King Street, Rye Brook, New York to consider the proposed 2014-2015 Tentative Budget for the Village of Rye Brook; and BE IT FURTHER RESOLVED, that the notice of public hearing shall state the time, place, purpose of the hearing, and that a copy of the tentative budget is available in the office of the Village Clerk, for inspection during regular office hours and posted on the village website www.ryebrook.org. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Rosenberg Voting Aye Mr. Bradbury noted that the Budget must be adopted by May 1St. As part of the process work session as held. Staff is trying to keep the increase in spending as low as possible. A tentative budget was filed on March 201h. It reflected 1.2% increase from last year's budget. The levy really does not change, but the levy could have been increased. It was a tough winter,which means more roadways to be repaired. There are a lot of capital projects. Another high cost area is the Board of Trustees Meeting March 25, 2014 Page 10 of 15 retirement system, and an area of increased income is the fee increases for Building Permits. Mayor Rosenberg noted that the average homeowner will see an $11.00 reduction this year. 7) Considering an agreement with the Council of Arts for use of Highway Garage storage space Mr. Bradbury read the following resolution: The provisions of this Agreement dated March , 2014 between THE VILLAGE OF RYE BROOK having an address at 1938 King Street, Rye Brook, New York 10573 ("Landlord"), and PORT CHESTER COUNCIL FOR THE ARTS, INC., a New York Not for Profit Corporation, having an address at 211 South Ridge Street, Rye Brook, New York 10573 ("Tenant") for Nine Hundred (900) square feet of space in the West William Street garage located at West William Street, Rye Brook,New York. WHEREAS, a Lease Agreement was previously entered into between the Town of Rye and Tenant dated August 20, 2012, which Lease Agreement has a term of October 1, 2012 to December 31, 2015 ("Lease Agreement"); and WHEREAS, on October 2, 2013 the Town of Rye assigned the Lease Agreement to the Village of Rye Brook; and WHEREAS, on September 9, 2013 the Town of Rye exercised its right pursuant to Paragraph 1 of the Lease Agreement which provides either party the option of terminating the lease upon 180 days' written notice; and WHEREAS, pursuant to the Town of Rye's notice of termination the Lease Agreement is currently scheduled to terminate on March 10, 2014; and WHEREAS, Landlord and Tenant wish to retroactively extend the effective date of the termination for six (6) months to September 10, 2014. NOW, THEREFORE, the parties agree as follows: 1. The effective date of the termination of the Lease Agreement, as exercised by the Town of Rye pursuant to Paragraph I of the Lease Agreement, is hereby extended from March 10, 2014 to September 10, 2014 ("Extended Term"). At any time during the Extended Term, the parties have the right to cancel the Lease Board of Trustees Meeting March 25, 2014 Page 11 of 15 Agreement upon thirty (30) days' written notice to Landlord or Tenant, as applicable. 2. During the Extended Term, the Tenant remains responsible for payment of rent as specified in the Lease Agreement and all other terms and conditions of the Lease Agreement remain in full force and effect. 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 Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Rosenberg Voting Aye Edward Beane, Esq., Village Counsel, noted that this is actually a six month extension of the termination of the lease. Village and Counsel want to allow the Council for the Arts to continue their tenancy in the building. Full term would expire December 2015. The lease sets forth the rental fees. Trustee Heiser noted that if this resolution is not passed, the Council of Arts would have to vacate the premises by September 10, 2014, or sooner. 8) Considering budget modifications and transfers Mr. Bradbury read the following resolution: RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.1620.441 $ 10,300 (Special Items - (Village Offices— Board of Trustees Meeting March 25, 2014 Page 12 of 15 Contingency) Maintenance/Repairs) CONSIDERING TRANSFERING FUNDS FROM RECREATION TRUST TO CAPITAL RESOLVED, that the following transfer be hereby approved: FROM TO AMOUNT Recreation Trust Capital Projects for $ 20,000 Pine Ridge Wall CONSIDERING TRANSFERING FUNDS FROM VARIOUS CAPITAL PROJECTS RESOLVED, that the following transfers from various capital projects be hereby approved: FROM TO AMOUNT 2012-2013 Posillipo 2012-2013 Village Hall $ 929.25 Center Renovations Improvements 2012-2013 Posillipo 2013-2014 Posillipo $ 10,310.67 Center Renovations Center Renovations 2013-2014 John Deere 2013-2014 Single Operator $ 4,977.21 Backhoe/Tractor Leaf Loader 2013-2014 Grapple 2013-2014 Single Operator $ 5,442.59 Bucket for Front-End Leaf Loader Loader Mr. Bradbury made some amendments to the resolution. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted as amended. Mr. Burke called the roll: Board of Trustees Meeting March 25, 2014 Page 13 of 15 Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Rosenberg Voting Aye Mr. Bradbury noted that this just balances out the capital accounts. Mayor Rosenberg questioned a $6400.00 toilet. Mikal Nowak, Superintendent of Public works stated that Home Depot does not carry these types of fixtures. They are used in the jail cells and there are specific requirements (suicide watch) for them. The current toilets are from 1997. These are custom made, stainless steel, toilets. At this time the Village is receiving pricing from multiple vendors. Another item on the larger side is a back hoe for the Parks Department. 9) Considering the approval of Minutes: January 14, 2014; January 28, 2014; February 11, 2014; February 25, 2014; March 11, 2014 Mayor Rosenberg requested that this matter be deferred to the next Board of Trustees meeting. With the consensus of the Board agreed this matter will be placed on the next meeting agenda. Mayor Rosenberg called for the next item on the agenda: ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Port Chester-Rye Brook DARE Breakfast fundraiser was scheduled for the Port Chester Middle School. This is a great event and residents have been invited. Mr. Bradbury noted that the winter parking restrictions over, however, if there are any more snow storms this may change. Rye Brook Soccer starting soon, and the Village is also getting ready for the annual carnival. Mr. Bradbury noted that the Village's Comprehensive Plan is well underway. A public workshop was held last night. Additional information can be found on the Village's Board of Trustees Meeting March 25, 2014 Page 14 of 15 website. Recommendations of the report are being finalized and then it will be sent to the Village Board. The draft is on website. The next Budget workshop will be held on April 1, 2014. The first workshop was held this evening. Mr. Bradbury congratulated the 6t' Grade boys who recently played at the Westchester County Center. Trustee Heiser thanked Mr. Bradbury and staff for all of the hard work that they have been putting into the budget. It was noted that Blind Brook High School was performing Guys and Dolls. Mayor Rosenberg noted that the next special and regular meetings of the Board of Trustees will be held April 8 & April 22, 2014. The next budget Work Session will be held on April 1, 2014 On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the meeting was adjourned at 9:45 p.m., and the Board went into an Executive Session. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Rosenberg Voting Aye Board of Trustees Meeting March 25, 2014 Page 15 of 15