Loading...
HomeMy WebLinkAbout2007-05-22 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 22, 2007-7:30 P.M. AGENDA ROLL CALL PLEDGE OF ALLEGIANCE REPORT: 1) Annual Stormwater Report PUBLIC HEARINGS: RESOLUTIONS: 1) Considering the approval of a New Supplemental Electricity Supply Agreement between the New York Power Authority and the Village of Rye Brook 2) Considering entering into a revocable permit agreement with SUNY Purchase for the use of certain facilities by the Village Recreation Department 3) Considering the authorization of Budget Modifications for work in the Police Department. 4) Considering the authorization of Budget Modifications for highway vehicle maintenance and repairs. 5) Setting a public hearing on a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Code regarding seasonal no parking on Mohegan Lane 6) Setting a public hearing on a proposed local law to amend Chapter 240 of the Village of Rye Brook Village Coded regarding no parking on part of Hillandale Road 7) Authorizing a Letter of Intent with Homeland Towers, Inc. Board of Trustees Meeting May 22,2007 Page 1 THE NEXT TRUSTEES MEETINGS: June 12, 2007 and June 26, 2007 BOARD Mayor Lawrence A. Rand Trustee Michael S. Brown Trustee Joan L. Feinstein Trustee Paul S. Rosenberg Absent: Trustee Pat Sanders Romano STAFF: Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the Regular Meeting of the Board of Trustees of May 22, 2007 to order at 7:30 p.m. Mr. Ken Heller and Mr. Victor Carosi, Village Engineer, led the Board in the Pledge of Allegiance. Mayor Rand began the meeting by noting that Trustee Patricia Sanders Romano was excused from the meeting. He also noted that Mr. Christopher Bradbury, Village Administrator, and Mr. David Burke, Assistant to the Administrator, were attending a conference in Rochester, New York and were both excused from the meeting. Mayor Rand announced that he and Edward Beane, Esq., Village Counsel, would be reading the resolutions and Mr. Victor Carosi, Village Engineer, would call the roll for this evening's meeting. With the consensus of the Board, Mayor Rand called for one matter out of order: 7) AUTHORIZING A LETTER OF INTENT WITH HOMELAND TOWERS, INC. Mayor Rand read the following resolution: Board of Trustees Meeting May 22,2007 Page 2 RESOLUTION APPROVING A LETTER OF INTENT WITH HOMELAND TOWERS, INC. REGARDING WIRELESS SERVICES WHEREAS, the Village of Rye Brook is interested in having Homeland Towers, Inc. perform a comprehensive and detailed assessment of the wireless communications services within the Village; and WHEREAS, the Village has negotiated a Letter of Intent for these services with Homeland Towers, which includes both a comprehensive plan and a period of time that Homeland Towers, Inc. will be able to exclusively seek interested carriers for designated locations in the Village of Rye Brook; and WHEREAS, the Technology and Communications Commission has expressed their support of hiring Homeland Towers, Inc. for these services. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, hereby authorizes the Mayor to sign the Letter of Intent with Homeland Towers, Inc., 5 Old Mamaroneck Road, Suite I K, White Plains, NY, to perform certain wireless communications services for the Village of Rye Brook. The President of Homeland Towers addressed the Board. He noted that Homeland Towers, Inc. has been discussing their services with the Village for some time now. This is a unique company that does not make any assumptions. The company will conduct testing, create a comprehensive plan, and work every step of the way with the Village Board to ensure the least negative impact on the community with the maximum benefits. It was noted that there will be space available on every infrastructure for public safety, free of cost. This will improve and enhance public safety communication. The process is simple. A scan test is conducted before anything is done. Technicians from Homeland Towers, Inc. will drive around the jurisdiction, the main roads, and measure the signal strength of all the wireless carriers in the area— Verizon, Sprint, Nextel, etc. By doing this they can see what the state of communications really is within a community. The gaps are discovered, as are the areas of good service. The next step is a qualification process which helps develop an infrastructure plan. Municipal properties are reviewed. If those properties are not available, Board of Trustees Meeting May 22,2007 Page 3 or if they don't make sense, then government owned properties are looked at. If there are no suitable properties in that category, then the not-for-profit property is reviewed, with the final category being private property. Once the qualifying property analysis is completed, then the final infrastructure plan is presented to the Village. The decision of whether or not to move forward, and how to move forward is the Board of Trustees decision. This process does not cost the Village anything. The idea is for Homeland Towers, Inc. to establish the need, lease property and then develop the infrastructure — making them available to every wireless provider. Mayor Rand pointed out that a flagpole/cell tower is being constructed on Village Hall property. The applicant was Nextel, however, other carriers will be co-located at this site. He also pointed out that the Village owns several parcels of property throughout the Village, and that these parcels will be viewed as potential sites for these types of installations. Trustee Paul Rosenberg noted that one of the goals was to find revenue opportunities for the Village in terms of wireless facilities. A second goal is to bring better cell service to the residents. He noted that this matter has been referred to the Technology and Communications Committee, who are looking forward to working on this project. Trustee Feinstein noted that the resolution should be amended to reflect the correct name of Homeland which is Homeland Towers LLC. On a motion made by Trustee Paul Rosenberg, and seconded by Trustee Michael Brown, the resolution as amended was adopted. Mr. Victor Carosi, Village Engineer, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE REPORT: 1) ANNUAL STORMWATER REPORT Board of Trustees Meeting May 22,2007 Page 4 Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that the Village is addressing stormwater control, and this is year four (4) of a five (5) year program. The goal is to gain a better understanding of stormwater and how it moves throughout the Village. The State Department of Environmental Conservation (DEC) has granted the Village a permit to operate a stormwater system. The Village can discharge stormwater into the Blind Brook. By granting Rye Brook this permission, what the State has done is made a request for the Village to begin a program to recognize that stormwater carries pollutants, to strive to reduce the pollutants, and become more aware of stormwater. Rye Brook has enacted the stormwater legislation, Chapter 215 of the Village's Code. The intent of this law is to make sure that every project that comes before the Village Board for approval has a methodology of addressing stormwater, and pollutants that are in the stormwater. This will increase the water quality, with the idea of reducing the amount of pollutants that empty into our waterways. The hope is that Rye Brook will be awarded a continued permit. Mr. Carosi noted that a grant application has been approved and the Village started a mapping program. An important part of the stormwater program is to understand where the stormwater goes. Everyone knows that it runs down the streets into the drains, but what the Village is now researching is where are the points of discharge. Consultants have been brought in and every single outlet has been photographed. The Village has started developing a mechanism to watch these outlets. The Village needs to get a handle on whether or not there are pollutants in the water. In the next year the Village will take this plan to the next step. If there is some type of pollutant being washed into the system, the Village will become aware of this. This data should be complied and available within the next two (2) to three (3) months. Next year the hope is to be able to take the research to the next step: understanding the watershed basin. The topography of the Village will also be looked at. The goal is to receive a State Discharge Detection and Elimination Permit, which will enable the Village the ability to issue violations. Mr. Carosi noted that Rye Brook is working with Greenwich on a stormwater plan surrounding the upper portion of King Street. Greenwich is looking to reduce the curvature of the road and to resolve a long-standing stormwater problem in that area. He noted that he and Mr. Bradbury attended a meeting with Greenwich in connection with stormwater discharge into the Byram River watershed. The Village's website contains storm water management information on it for any member of the public wishing to access this report. Board of Trustees Meeting May 22,2007 Page 5 Mayor Rand thanked Mr. Carosi for his presentation. As Mr. Carosi mentioned the upper portion of King Street, he noted that there is a plan, once again, for Greenwich to build a round-about on King Street. Mr. Carosi pointed out that a temporary round-about has already been installed near the airport. Mr. Carosi reminded everyone that this report will be posted on the Village's website. Mayor Rand called for resolution #1: RESOLUTIONS: 1) CONSIDERING THE APPROVAL OF A NEW SUPPLEMENTAL ELECTRICITY SUPPLY AGREEMENT BETWEEN THE NEW YORK POWER AUTHORITY AND THE VILLAGE OF RYE BROOK Edward Beane, Esq. read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF A NEW SUPPLEMENTAL ELECTRICITY SUPPLY AGREEMENT BETWEEN THE NEW YORK POWER AUTHORITY AND THE VILLAGE OF RYE BROOK WHEREAS, the New York Power Authority (NYPA) has been supplying energy to the Village of Rye Brook under an Application for Service agreement dated May 11, 1995; and WHEREAS, NYPA and the Village signed a Supplemental Agreement containing certain additional terms and conditions governing the supply of electricity on October 31, 1995; and WHEREAS, both parties were given the right to terminate the Supplemental Agreement with at least 3 years notice and NYPA provided that notice of termination on December 24, 2003 for a termination of the agreement on December 31, 2006; and Board of Trustees Meeting May 22,2007 Page 6 WHEREAS, the County of Westchester has held discussions with NYPA in regards to a New Supplemental Electricity Supply Agreement ("New Supplemental Agreement") in which the agreement was approved by the County's Board of Acquisition and Contract; and WHEREAS, NYPA is now offering this "New Supplemental Agreement" to all its Westchester customers to modify certain provisions in the existing Application for Service Agreement. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook enter into the New Supplemental Electricity Supply Agreement with the New York Power Authority; and be it further RESOLVED, that the Mayor is authorized to execute and deliver all necessary documents to accomplish the purpose of this Resolution. On a motion made by Trustee Joan Feinstein, and seconded by Trustee Michael Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE The next matter on the agenda was called before the Board: 2) CONSIDERING ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Mr. Beane read the following resolution: RESOLUTION CONSIDER ENTERING INTO A REVOCABLE PERMIT AGREEMENT WITH SUNY PURCHASE FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE RECREATION DEPARTMENT Board of Trustees Meeting May 22,2007 Page 7 WHEREAS, the Village of Rye Brook, a municipal corporation, desires to use certain swimming pool facilities of the Division of Physical Education, Recreation & Athletics of Purchase College, State University of New York (hereinafter "Purchase College") from July 2, 2007 to August 10, 2007; and WHEREAS, Purchase College will grant the Village of Rye Brook Recreation Department a revocable permit for the use of its swimming pool facilities, which include certain swimming lanes, locker rooms and bathrooms. In exchange for a fee of Five Thousand Seven Hundred Sixty Dollars and Zero Cents ($5,760.00), which is based on a rental fee of One Hundred Twenty Dollars and Zero Cents ($120.00) per hour. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees authorizes the Village to enter into a Revocable Permit Agreement with Purchase College for the use of its pool facilities; and BE IT FURTHER RESOLVED, that the Village of Rye Brook is authorized to pay Purchase College in accordance with the terms and agreements specified in the Revocable Permit Agreement; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to sign all necessary documents to implement the Revocable Permit Agreement. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 3) CONSIDERING THE AUTHORIZATION OF BUDGET MODIFICATIONS FOR WORK IN THE POLICE DEPARTMENT Mayor Rand reviewed the following resolution: Board of Trustees Meeting May 22,2007 Page 8 RESOLUTION CONSIDERING THE AUTHORIZATION OF BUDGET MODIFICATIONS FOR WORK IN THE POLICE DEPARTMENT RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.9950.900 $20,000 (Contingency) (Interfund Transfer) Mayor Rand noted that when the budget was passed last year, this cost was unknown. This is a transfer being made to cover costs. The janitor's closet will be demolished, and Mr. Carosi will be working on creating plans. This will be a quick process; only a few weeks in duration. This will provide the police department with locker room facilities. It will not disrupt the flow of the duties of the police department. On a motion made by Trustee Feinstein, and seconded by Trustee Paul Rosenberg, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 4) CONSIDERING THE AUTHORIZATION OF BUDGET MODIFICATIONS FOR HIGHWAY VEHICLE MAINTENANCE AND REPAIRS. Mr. Beane reviewed the following resolution: Board of Trustees Meeting May 22,2007 Page 9 RESOLUTION CONSIDERING THE AUTHORIZATION OF BUDGET MODIFICATIONS FOR HIGHWAY VEHICLE MAINTENANCE AND REPAIRS FROM TO AMOUNT 101.1640.445 $26,000 (Contingency) (Central Garage: Repair Parts) Mayor Rand noted that the vehicles in the highway department receive a high amount of use. This transfer covers the repair and maintenance of these vehicles. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SEASONAL NO PARKING ON MOHEGAN LANE Mayor Rand noted that the following resolution simply sets a date for the public hearing. This resolution came about in response to conunents from several residents who have pointed out that the parking usage in this area has increased due to the installation of the ball fields. This is a matter of safety, which has been investigated by the Police Department. The Traffic Commission has also reviewed this matter, and temporary no parking signs have been installed. Board of Trustees Meeting May 22,2007 Page 10 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SEASONAL NO PARKING ON MOHEGAN LANE WHEREAS, the Village of Rye Brook Traffic Commission has requested that Chapter 240 of the Code of the Village of Rye Brook be amended to prohibit parking seasonally along Mohegan Lane opposite Pine Ridge Park from Talcott Road to Latoma Road; and WHEREAS, a local law has been proposed to amend Chapter 240 of the Village Code to prohibit parking seasonally along Mohegan Lane opposite Pine Ridge Park. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on June 12, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. On a motion made by Trustee Feinstein, and seconded by Trustee Brown, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Trustee Brown suggested that the Village also review prohibiting parking on additional streets surrounding the park. Mayor Rand noted that this could be discussed further at the public hearing. 6) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODED REGARDING NO PARKING ON PART OF HILLANDALE ROAD Board of Trustees Meeting May 22,2007 Page 11 Mr. Beane read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING NO PARKING ALONG PART OF HILLANDALE ROAD NEAR KING STREET WHEREAS, a local law has been proposed to amend Chapter 240 of the Village Code to prohibit parking along the north side of Hillandale Road, from King Street to a point 100 feet west thereof, and WHEREAS, there is currently No Parking permitted on the south side of Hillandale Road directly opposite the proposed area, as approved by Local Law #14-2007; and WHEREAS, the Traffic Commission has been made aware of the traffic safety concerns in this area, and are expected to provide a recommendation to the Village Board prior to the June 12, 2007 public hearing on the proposed local law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on June 12, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mayor Rand noted that now that the fields are being used, people are parking on Hillandale. There are some blind curves and, for safety reasons, temporary No Parking signs have been installed 120 feet from the intersection of Hillandale and King Street. This resolution sets a public hearing on this matter. Trustee Feinstein stated that she intended on voting against this resolution. She felt that setting the public hearing at this time placed pressure on the Traffic Commission to complete its review. She felt that the temporary No Parking should remain in effect while the Traffic Commission completed its review. She preferred to set the public hearing after the Traffic Commission made a recommendation. Board of Trustees Meeting May 22,2007 Page 12 On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the resolution was opened to a vote. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING NAY TRUSTEE ROSENBERG VOTING NAY MAYOR RAND VOTING AYE The resolution did not pass. Mayor Rand asked that the resolution be modified, changing the date of the public hearing to June 26, 2007. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING NAY TRUSTEE ROSENBERG VOTING AYE MAYOR RAND VOTING AYE Mayor Rand noted that the agenda items were completed. He called upon members of the public for comments. As there were no members of the public wishing to address the Board, he made several announcements, beginning with the invitation to all residents to attend the various functions scheduled for the Memorial Day weekend. He noted that there would be a number of ceremonies at different locations in the Village, with the main ceremony held at the corner of Westchester Avenue and South Regent Street. A calendar of events has been posted on the Village's website. The Board of Trustees offered its congratulations to the Port Chester High School Marching Band who participated in the opening of Spider Man II on the Today's Show. Trustee Feinstein congratulated the Blind Brook High School Mock Trial Team who made it to the State Finals. Although not victorious, they had a remarkable season. Board of Trustees Meeting May 22,2007 Page 13 Mayor Rand noted that the Board would adjourn the meeting and go directly into an Executive Session. There being no additional business before the Board, meeting was adjourned at 8:16 p.m. Board of Trustees Meeting May 22,2007 Page 14