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HomeMy WebLinkAbout2013-06-25 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 25, 2013 AGENDA 6:30 p.m. - Executive Session: Tax Certiorari 7:30 P.M.— REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public Hearing on an application for approval of a Special Permit and amended site plan for Reckson Operating Partnership, L.P. at property located at 1100 King Street (Applicant has requested an adjournment of the Public Hearing) RESOLUTIONS: 1) Considering designating the Village Clerk as the officer to accept transmittals of Notices of Claim served upon the New York State Secretary of State as an agent of the Village pursuant to the Uniform Notice of Claim Act 2) Approving Amendment `B" to the Snow and Ice Agreement with NYSDOT for 2012-2013 Snow Season 3) Considering entering into an Agreement with the Carver Center for the use of certain facilities by the Village Recreation Department 4) Considering the modification of the Board of Trustees Meeting schedule 5) Considering the appointment of an Assistant Village Administrator Board of Trustees Meeting June 25, 2013 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Generators 2) LEED Verification on new buildings ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: July 9, 2013 and July 23, 2013 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant Village Administrator Edward Beane, Esq., Village Counsel Mikal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Senator George Latimer led the Board in the Pledge of Allegiance. Mayor Paul Rosenberg welcomed everyone to the June 25, 2013 Regular Meeting of the Board of Trustees. He called upon Senator Latimer for a report from Albany. Board of Trustees Meeting June 25, 2013 Page 2 Senator Latimer reported that the Rye Brook Hotel Tax extension has passed (to 2016). It is hopeful that this revenue stream will be here for years to come. He reviewed the process of renewal. He noted that the Tax Free New York Program was also passed. This provides start-up companies who move into the SUNY Campus, and up to 2,000 square feet up to one mile from the campus with a tax break. There are a lot of questions to be answered. The intention is to set up meeting on this matter as soon as possible. Mr. Christopher Bradbury, Village Administrator, noted that he would like to seek clarity on the effect on property taxes. This will be a major question. Senator Latimer left a copy of the Governor's report with Mr. Bradbury to help formulate questions prior to setting up a meeting. Mayor Rosenberg thanked Senator Latimer for attending the meeting and for his work on behalf of Rye Brook. Mayor Rosenberg noted that the first item on the agenda, the Reckson Operating Partnership, L.P., requested an adjournment. With the consensus of the Board, and on a motion made by Trustee Jason Klein, and seconded by Trustee David Heiser, the application was adjourned to the July 9,2013 Board of Trustees Meeting 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 Mayor Rosenberg called for the second item on the agenda under resolutions: RESOLUTIONS: 2) Approving Amendment `B" to the Snow and Ice Agreement with NYSDOT for 2012-2013 Snow Season Mr. Bradbury, Village Administrator, read the following resolution: Board of Trustees Meeting June 25, 2013 Page 3 RESOLVED, that the Village of Rye Brook accepts Amendment `B" of the 2012/2013 indexed lump sum municipal snow and ice agreement (#D010779) with the State of New York, Department of Transportation; and be it further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Mr. Bradbury noted that this Agreement is pretty standard. On a motion made by Trustee Heiser and seconded by Trustee Redneck, the resolution was adopted. Mr. Burke read the following resolution: 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 1) Considering designating the Village Clerk as the officer to accept transmittals of Notices of Claim served upon the New York State Secretary of State as an agent of the Village pursuant to the Uniform Notice of Claim Act Mr. Bradbury read the following resolution: WHEREAS, the New York State Legislature recently enacted the Uniform Notice of Claim Act ("UNCA"), codified at General Municipal Law §53, which authorizes notices of claim pursuant to General Municipal Law §50-e to be served on the Secretary of State in lieu of the public corporation; and WHEREAS, the UNCA requires each public corporation entitled to be served with a notice of claim pursuant to General Municipal Law §50-e to file a certificate with the Secretary Board of Trustees Meeting June 25, 2013 Page 4 of State, by no later than July 15, 2013, designating the Secretary as agent for alternate service of notices of claim; and WHEREAS, the UNCA further requires each affected public corporation to designate an officer or agent of the public corporation to receive transmittals of notices of claim served on the Secretary of State. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the hereby approves the designation of the New York Secretary of State as the Village's agent for service of notices of claim; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby designates the Village Clerk as the officer who shall accept transmittals of notices of claim served on the Secretary of State pursuant to the UNCA; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby authorizes the Village Clerk or his designee to file a certificate with the New York Department of State pursuant to the requirements of the UNCA and in accordance with the designations established by this Resolution. This resolution allows for a notice of claim to be filed with the Village Clerk and ensures that a service fee is received (the State splits it in half with the Village of Rye Brook). Edward Beane, Esq., Village Counsel, noted that there is no choice regarding adopting this resolution. This law makes sure that when the Secretary of State mails notice to the Village of Rye Brook that it is received, and the State will pay the Village for being designee. On a motion made by Trustee Rednick 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 Paul Rosenberg Voting Aye Board of Trustees Meeting June 25, 2013 Page 5 3) Considering entering into an Agreement with the Carver Center for the use of certain facilities by the Village Recreation Department Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Recreation Department desires to enter an agreement for the use of certain pool and related facilities at the Carver Center to support the Rye Brook day camp; and WHEREAS, in exchange for the use of the Carver Center pool and related facilities at no cost to the village except for the cost for a Lifeguard and Water Safety Instructor, the Carver Center will have use of Garibaldi Park for seven (7) weeks over the summer from Monday through Friday, from 8:00 A.M. to 1:00 P.M. to hold a sports camp. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of said use agreement to permit use of the Carver Center pool for the Rye Brook day camp, and to allow the use of Garibaldi Park for seven (7) weeks in the mornings for the use of the Carver Center sports camp. Mr. Bradbury noted that this is the third year that this agreement has been in place. The Carver Center has a great pool which the Village's Recreation Department uses for summer camp, and in exchange the Carver Center uses Garibaldi Park for a sports camp. 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 David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye Board of Trustees Meeting June 25, 2013 Page 6 4) Considering the modification of the Board of Trustees meeting schedule Mr. Bradbury read the following resolution: RESOLVED, that the following Board of Trustees meeting dates are hereby cancelled: August 13, 2013 August 27, 2013; and be it FURTHER RESOLVED, the following Board of Trustees meeting date is hereby scheduled: August 19, 2013 @ 7:30PM Mayor Rosenberg noted that this is a typical change for the summer. He noted that the one August meeting will be held on a Monday night. 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 David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Jeffrey Rednick Voting Aye Mayor Paul Rosenberg Voting Aye 5) Considering the appointment of an Assistant Village Administrator Mr. Bradbury read the following resolution: Board of Trustees Meeting June 25, 2013 Page 7 RESOLVED, that David Burke of 52 Elmont Avenue, Port Chester,New York is hereby appointed to the position of Assistant Village Administrator 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 $58,940 with an effective retroactive start date of March 29, 2013. Mr. Bradbury noted that Mr. Burke started with the Village on June 26, 2006. He has done a great job for the Village. The promotion comes with this new title. He was already doing a lot of the work that the title represents. It was noted that Mr. Burke is involved with many organizations within Westchester County. Mayor Rosenberg thanked David for the fantastic job he has been doing since the beginning of his employment. On a motion made by Trustee Klein, and seconded by Trustee Rednick, 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 Paul Rosenberg Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted the bid for road resurfacing will be out very soon. It will include sidewalks on King Street. The total budget is $500,000. The Village is very anxious to get this project started. The Highway Department is out filling potholes. They are doing a great job. Lincoln Avenue has a lot of deterioration and the Highway crew worked very hard on these repairs. Board of Trustees Meeting June 25, 2013 Page 8 The Comprehensive Plan meeting went very well. The consultants will be submitting their report. The information is on the Village's website. There will be no more public forums over the summer and the next meeting will be scheduled for September. The Ridge Street Bridge project is going well. People have settled into new driving patterns. Now is it time to grin and bear it until it is done. The State provides updates, and it looks like the completion date has been pushed back by approximately one week. This is being looked into. The Village has the information on its website. DISCUSSION ITEMS: 1) Generators Mayor Rosenberg noted that he placed this item on the agenda. Two weeks ago there was a work session regarding making things easier for applicants. Procedural matters were discussed. Back up generators are used by residents and businesses. These back-up generators often times require the applicants to go to the Zoning Board of Appeals. He felt that removing the setback requirement would make the process easier. He noted that he was talking about the permanent back-up generators and not the ones that people use when the electricity goes out. Mr. Bradbury noted that there is a generator law in the Village's Code. He reviewed the local law for the public. Where a generator can be located is determined by the set backs of the areas; and they cannot be placed in the front yard. The generators can be placed in the side yard or the rear yard. There are also manufacturers' specifications that need to be followed. The generators must be closer to the home that they are serving then to the neighboring homes. Permanent generators are cleaner than and not as noisy as the temporary generators. You do not need a permit for portable generators. There are no setback issues for air conditioning units, which tend to be louder then the generators. The process of installing a permanent generator is a building permit. The Board can review the setback issues to see if they are working or not working. Many of the applicants that request zoning variances are turned down. Board of Trustees Meeting June 25, 2013 Page 9 Mayor Rosenberg noted that the Building Inspector was included in the discussion on this issue. He felt that the Code should be modified to remove the set back requirements and modify the Code to include natural screening. In this way the application would not need to go to the Architectural Review Board. No one wants to see these generators in the front yard. Trustee Heiser agreed with the Mayor. Trustee Rednick felt that the generators should be placed as close to the house as possible. Trustee Epstein noted that this issue affects the quality of life of the residents. The roll-away generators are quite loud. Trustee Klein noted that a smaller generator is not as big of an issue. The screening being discussed is landscaping. The Board discussed the LP Tanks. Mayor Rosenberg asked that Mr. Bradbury review the local law and make the adjustments discussed at this meeting. The screening should be `L' shaped. It was noted that the Village does not regulate AC compressors. All of the mechanical equipment should be placed together if an applicant is willing to screen the generator then it can be permitted without a trip to the Architectural Review Board. 2) LEED Verification on new buildings Trustee Klein noted that he wanted to discuss this issue, especially since the Village is going through a Comprehensive Plan. Other municipalities are gleaning their Code. Mayor Rosenberg noted that this was discussed before. In Greenburg you pay a fee. Trustee Klein noted that there are lots of different options. Mr. Bradbury stated that there is so much information out there. Mayor Rosenberg noted incentives could be put into place. Mayor Rosenberg felt that this item should be referred to the Environmental Council. He felt a discount over the building permit and CO's fees should be a great way to move ahead. Mr. Bradbury asked for clarification. Mayor Rosenberg noted that there will not be a tremendous number of`new constructions' to be done within the Village and this is certainly something to think about. The idea is not to cost people money every time something is built. Mayor Rosenberg noted that LED Lighting should also be discussed. Board of Trustees Meeting June 25, 2013 Page 10 Mayor Rosenberg noted that the Fourth of July celebration would take place at Port Chester High School. He encouraged everyone to attend. Mayor Rosenberg note that the next Board of Trustees meeting are schedule for July 9, 2013 and July 23, 2013. He called or members of the public wishing to address the Board. There being no one he asked for a motion to adjourn. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the meeting was adjourned at 8:44 p.m. 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 Paul Rosenberg Voting Aye Board of Trustees Meeting June 25, 2013 Page 11