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HomeMy WebLinkAbout2014-07-08 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET Tuesday, July 8, 2014 AGENDA 7:00 P.M. —Executive Session: United Water Rate Case 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1. Public Hearing to consider a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road RESOLUTIONS: 1. Considering a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road 2. Considering the Use of Harkness Park by the Blind Brook Federation of Teachers' for an event 3. Considering a request for the removal of a significant tree at 19 Winding Wood Road 4. Considering a Village contribution to the Columbus Day Committee and use of Hawthorne Avenue for the annual parade Board of Trustees Meeting July 8, 2014 Page 1 5. Considering referring local laws regarding land use approval authority to the Village of Rye Brook Planning Board for report and recommendation 6. Considering approving the City of Rye's community representative to the Emergency Medical Services Committee (EMSC) 7. Considering the appointment of a Rye Brook Police Officer 8. Considering an agreement with the New Rochelle Humane Society to host a "Dog Wash" at the Rye Brook Firehouse 9. Considering an agreement between the Village of Rye Brook and the Local 4041 Village of Rye Brook Professional Firefighters Aid Association 10.Considering the approval of the minutes for: March 25, April 8, April 22, May 27, and June 10, 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 NEXT SPECIAL & REGULAR TRUSTEES MEETINGS: July 29, 2014 and August 19, 2014 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Jeffrey B. Rednick Mayor Paul S. Rosenberg Board of Trustees Meeting July 8, 2014 Page 2 VILLAGE STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Village Counsel Gregory Austin, Chief of Police Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Mayor Paul Rosenberg called the July 8, 2014 meeting to order with the Pledge of Allegiance. He noted that the Board held an Executive Session prior to the meeting on United Water Rate Case. He called for the first item on the agenda. PUBLIC HEARINGS: 1. Public Hearing to consider a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road On a motion made by Trustee Susan Epstein, and seconded by Trustee Jason Klein, the public hearing was opened. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mr. Bradbury gave a brief recap of the matter. He noted that residents brought this matter to the Village's attention. The road is very narrow, especially along the curve and there was a concern about cars parking in this area. The matter was referred to the Traffic Committee and they have recommended that the parking in that area be restricted. Mayor Rosenberg thanked the Traffic Commission for their work, and called for members of the public wishing to address the Board in support or opposition to this matter. The resident most affected by the change addressed the Board. He noted that he never received notice on this matter. There is very little traffic in Board of Trustees Meeting July 8, 2014 Page 3 this area and not many cars park here, but he is one of the people that does park there. Mr. Bradbury noted that he and Mr. Nowak, Superintendent of Public Works, went out and marked the area where parking would be prohibited. People can still park on Bonwit, only not the area marked. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the public hearing was closed. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg called for the resolution: RESOLUTIONS: 1. Considering a proposed local law amending Chapter 240 of the Village Code regarding parking on Bonwit Road Mr. Bradbury read the following resolution: CONSIDERING AMENDING CHAPTER 240 OF THE VILLAGE CODE REGARDING PARKING ON BONWIT ROAD WHEREAS, on July 8, 2014 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on July 8, 2014. Board of Trustees Meeting July 8, 2014 Page 4 NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law to amend Chapter 240 of the Village Code regarding parking on Bonwit Road. Mr. Bradbury clarified the no parking zone. Signs will be posted. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 2. Considering the Use of Harkness Park by the Blind Brook Federation of Teachers' for an event Mr. Bradbury read the following resolution: CONSIDERING A REQUEST FOR THE USE OF HARKNESS PARK BY THE BLIND BROOK-RYE FEDERATION OF TEACHERS FOR AN EVENT WHEREAS, in an email dated June 23, 2014, Robin Willig requested the use of Harkness Park on Tuesday, September 2, 2014 from 3:30pm to 6:OOpm to host the "Blind Brook-Rye Federation of Teachers Meet and Greet." NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves the use of Harkness Park on Tuesday, September 2, 2014 from 3:30pm to 6:OOpm for the "Blind Brook- Rye Federation of Teachers Meet and Greet." Board of Trustees Meeting July 8, 2014 Page 5 This is a very well attended event. A change was made to the resolution regarding the times. This is the third year for the event. It was noted that this is a community event and everyone is welcome to attend. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 3. Considering a request for the removal of a significant tree at 19 Winding Wood Road The applicants addressed the Board and presented their case for removal of the tree. Mr. Nowak, Superintendent of Public Works, addressed the Board. He noted that this tree is approximately 10' from the foundation of the house. This tree is generally healthy. There were some significant cuts made to the tree, but they have healed over. A report was submitted about the potential of underground rot. Without doing evacuation under the tree, you would not be able to tell what was going on underneath it. Mr. Nowak stated that the tree is manageable and not an immediate threat. His professional opinion was that there was not a need to remove the tree. A Hazard Analysis was done. A risk value is assigned to the tree and its surrounding. The highest level is a 4 and the lowest is a 1. The size of the tree comes into play, as well as the target or the residence, the health of the tree and the size. This tree is closer to a house than a tree Board of Trustees Meeting July 8, 2014 Page 6 of this size would be but this tree has been there a long time. He reiterated that he could not see anything that warranted the removal of this tree. It is in a state that is manageable. A tree is a living thing and anything could happen. Even the root zone seems fine. The applicants noted that their arborist was called in after the last storm and they worried about the damage it could do to the house if it fell. Mayor Rosenberg asked for an adjournment to allow for the opportunity to drive by and view the tree On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adjourned to the July 29th meeting. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4. Considering a Village contribution to the Columbus Day Committee and use of Hawthorne Avenue for the annual parade Mayor Rosenberg noted that the representative for this matter was not in attendance, and the matter was moved to the end of the agenda when it would be recalled before the Board. 5. Considering referring local laws regarding land use approval authority to the Village of Rye Brook Planning Board for report and recommendation Mr. Bradbury read the following resolution: Board of Trustees Meeting July 8, 2014 Page 7 REFERRING LOCAL LAWS REGARDING LAND USE APPROVAL AUTHORITY TO THE VILLAGE OF RYE BROOK PLANNING BOARD FRO REPORT AND RECOMMENDATION WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning the designation of approval authority for site plan, special permit and planned unit development applications; and WHEREAS, a proposed local law was introduced to amend Chapter 250 of the Code of the Village of Rye Brook to amend the designated approval authority for various types of special permit applications; and WHEREAS, a second proposed local law was introduced to amend Chapters 179, 209 and 250 of the Code of the Village of Rye Brook to amend the designated approval authority for site plan and planned unit development applications; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the two above-referenced local laws to the Planning Board for Report and Recommendation. Mayor Rosenberg noted that over the past 1 1/2 years the Village Board of Trustees has been trying to expedite applications, save costs and time for the residents. A Task Force Committee was created and the Village's Code has been reviewed. Proposed legislation has come out of the review and the goal is to split approval authority between the Village Board and the Planning Board. Mr. Bradbury summarized the process and the changes. A compilation of all of the changes discussed is now before the Board. Mr. Bradbury listed Board of Trustees Meeting July 8, 2014 Page 8 the proposed changes and the Zones that would be affected. This matter would be heard by the Planning Board this month. Mayor Rosenberg thanked everyone for their hard work. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 6. Considering approving the City of Rye's community representative to the Emergency Medical Services Committee (EMSC) Mr. Bradbury read the following resolution: CONSIDERING APPROVING THE APPOINTMENT OF THE CITY OF RYE'S COMMUNITY REPRESENTATIVE TO THE EMERGENCY MEDICAL SERVICES COMMITTEE (EMSC) WHEREAS, the inter-municipal agreement, between the Village Rye Brook, City of Rye and Village of Port Chester, for emergency medical services provides for an Emergency Medical Services Committee; and WHEREAS, the City of Rye has approved the nomination of Bart DiNardo to the Committee as their Community Representative. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook hereby approves the appointment of Bart DiNardo as the Community Representative to the Emergency Medical Services Committee (EMSC) for the City of Rye. Board of Trustees Meeting July 8, 2014 Page 9 Mayor Rosenberg noted that this is a standard approval process. This is a re-appointment. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 7. Considering the appointment of a Rye Brook Police Officer Mr. Bradbury read the following resolution: CONSIDERING THE APPOINTMENT OF A POLICE OFFICER RESOLVED, that Vincent J. Falcone of 106 Thurton Place, Yonkers,New York is hereby appointed to the position of Police Officer 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 $51,540 with an effective start date of August 1, 2014. TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE Board of Trustees Meeting July 8, 2014 Page 10 Chief Greg Austin noted that this cadet will be sent to the Academy on August 4th. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 8. Considering an agreement with the New Rochelle Humane Society to host a "Dog Wash" at the Rye Brook Firehouse Mr. Bradbury read the following resolution: CONSIDERING AN AGREEMENT WITH THE NEW ROCHELLE HUMANE SOCIETY TO HOST A `DOG WASH' AT THE RYE BROOK FIREHOUSE WHEREAS, the Village of Rye Brook contracts with the New Rochelle Humane Society for animal control services; and WHEREAS, the Village of Rye Brook desires to host a `Dog Wash' at the Rye Brook Firehouse on Saturday, July 12, 2014 to benefit the New Rochelle Humane Society. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves the agreement between the Village of Rye Brook and the New Rochelle Humane Society to host a `Dog Wash' at the Rye Brook Firehouse, located at 940 King Street on Saturday, July 12, 2014; and be it Board of Trustees Meeting July 8, 2014 Page 11 FURTHER RESOLVED, the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mayor Rosenberg noted that this will be a great fundraiser. It is the first year and all residents are invited. There is a nominal charge and 100% of it goes to the Humane Society. There will also be four police volunteers there. Shari Melillo has been the coordinator for this event. Everyone looks forward to a great event. All dogs must be on leashes. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 9. Considering an agreement between the Village of Rye Brook and the Local 4041 Village of Rye Brook Professional Firefighters Aid Association Mayor Rosenberg noted that no action would be taken on this matter at this meeting. 10.Considering the approval of the minutes for: March 25, April 8, April 22, May 27, and June 10, 2014 Mayor Rosenberg asked, with the consensus of the Board, that this matter be adjourned to next meeting. Board of Trustees Meeting July 8, 2014 Page 12 It was noted that Mr. David Burke would be leaving his position with the Village and this was his last meeting and he will certainly be missed as he has been a very valuable member of the Rye Brook staff. Mayor Rosenberg re-called item #4: 4. Considering a Village contribution to the Columbus Day Committee and use of Hawthorne Avenue for the annual parade Mayor Rosenberg noted that no representative for the Committee was in attendance and he asked that this matter be adjourned to the July 29th Board of Trustee Meeting. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adjourned to the July 29, 2014 meeting. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg called for an additional item to the agenda: 11. Considering the appointment of special counsel to executive the settlement of a water rate and merger request made by United Water and pending before the New York State Public Service Commission Mr. Bradbury read the following resolution. CONSIDERING THE AUTHORIZATION OF SPECIAL COUNSEL TO EXECUTE A SETTLEMENT OF A WATER RATE AND MERGER REQUEST MADE BY UNITED WATER AND PENDING BEFORE THE NYS PUBLIC SERVICE COMMISSION Board of Trustees Meeting July 8, 2014 Page 13 WHEREAS,United Water New Rochelle and United Water Westchester have filed for a company merger and a rate increase to the NYS Public Service Commission; and WHEREAS, the Village of Rye Brook, the Village of Port Chester, and the City of Rye have jointly hired Joel Dichter of Dichter Law LLC to represent the interests of the residents in each of their respective municipalities and have taken a very active role in the water rate and merger filing including providing oral testimony and written briefs and has participated in subsequent settlement discussions with the NYS Public Service Commission staff and representatives of United Water; and WHEREAS, a proposed settlement has been reached and a Joint Proposal has been prepared for submission to the NYS Public Service Commission for approval. NOW THEREFORE BE IT RESOLVED, that Joel R. Dichter, as special counsel to the Village of Rye Brook, is authorized to execute on behalf of the village the settlement, known as a Joint Proposal, entered into among the parties in Cases 13-W-0539, 13-W- 0564 and 13-W-0006 pending before the New York Public Service Commission concerning the rates and merger proposal of United Water Westchester, Inc. Mr. Bradbury noted that the Village could not go into details about the settlement at this time. There is a filing for a rate increase and filing to merge. This resolution authorizes the counsel to make Rye Brook part of the settlement. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT Board of Trustees Meeting July 8, 2014 Page 14 Mr. Bradbury reminded everyone that the dog wash will be Saturday, July 20th. Another event will be held in Pine Ridge Park from 6:30 p.m. to 8:30 p.m. This is a free event and residents are encouraged to attend. Bring chairs and blankets and enjoy. The New York State Public Service Commission acted on the United Water transfer from the municipal billing to user billing. The tennis wall at Pine Ridge Park has been completed. The Recreation Department has asked for input from the residents on playground equipment for Pine Ridge Park. This is a focal point in the community and many residents go to Pine Ridge Park. Mr. Bradbury thanked Mr. Burke for this hard work for the Village of Rye Brook. He will now be working as Administrator for the Village of Tuckahoe. He started working with the Village in 2006 and he has been an incredible asset, and he will be missed. He will be a fantastic Administrator for the Village of Tuckahoe. Mayor Rosenberg noted that Mr. Burke was the first person in his position to be promoted to Assistant Village Administrator. He thanked Mr. Burke on behalf of the Village Board and the residents. Mayor Rosenberg announced that the next Board of Trustee meetings would be July 29th and August 19th. There being no further business before the Board, or members of the public wishing to address the Board, the meeting was adjourned and the Board went into an Executive Session. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee David M. Heiser voting aye Trustee Jason A. Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 8, 2014 Page 15