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HomeMy WebLinkAbout2016-01-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JANUARY 26, 2016 7:00 P.M.—EXECUTIVE SESSION: • Save the Sound Litigation 7:30 P.M.—REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: • Auditors Report for fiscal year ending May 31, 2015. AFFORDABLE HOUSING: PUBLIC HEARINGS: RESOLUTIONS: 1) Setting a public hearing for an application for PUD approval submitted by Sun Homes for property located at 1100 King Street(Reckson). 2) Authorizing the submission of a NYS Home Rule Request to reauthorize a Hotel Occupancy Tax. 3) Appointment to the Town of Rye Board of Assessment Review. 4) Considering the approval of minutes from the meeting of January 12, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS • Review of Draft Five-Year Capital Improvement Plan. DISCUSSION ITEM ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING 1 REPORT/PRESENTATIONS: • Auditors Report for fiscal year ending May 31, 2015. John Cosgrove and Melissa Zotten addressed the Board noting that the financial statement can be found on the Village's website if anyone would like to view it. It is a 60 page document and he will touch upon the highlights only. The opinion on the second page is their opinion and it is an unmodified opinion which is the best the Village could get—there are four types and this is the best one available. The audit did not identify any issues and they had no comments. The Village is financially healthy and the audit shows that. Trustee Heiser asked if there were any recommendations for the Village of Rye Brook to which Mr. Cosgrove suggested some software changes that are actually currently being implemented by the Village. Mr. Cosgrove credited Mr. Bradbury who in turn credited Treasurer Diane DiSanto and her staff. Mr. Bradbury added that it really is a team effort which includes the departments not over spending their budgets and in addition to that the Village Board runs a tight ship. Mayor Rosenberg thanked them for coming. Mayor Rosenberg wanted to take a moment or two to call out the Highway and Parks Departments as well as Mr. Nowak for a phenomenal job during the snow storm. He spent some time with Foreman Paul Vinci and saw what grueling work snow removal is. The crews were on for 24 hours before they went home. He received an email from a resident which he read complimenting the village for its snow removal efforts. Paul Vinci does an amazing job as does his staff. RESOLUTIONS: 1) Setting a public hearing for an application for PUD approval submitted by Sun Homes for property located at 1100 King Street (Reckson). Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING FOR AN APPLICATION FOR PUD SITE PLAN APPROVAL SUBMITTED BY SUN HOMES FOR PROPERTY LOCATED AT 1100 KING STREET (RECKSON) VILLAGE OF RYE BROOK BOARD OF TRUSTEES 2 WHEREAS, Sun Homes (the "Applicant"), as authorized by property owner Reckson Operating Partnership L.P., submitted a PUD Site Plan Application in connection with the proposed construction of a residential development of 110 single- family dwelling units on property located at 1100 King Street, designated as Section 129.25, Block 1, Lot 1 on the Town of Rye Tax Map and located in the Planned Unit Development ("PUD") District; and WHEREAS, the instant Site Plan Application constitutes Phase II of a two-phase PUD approval process pursuant to Village Code §250-7.E wherein PUD Concept Plan approval and PUD zone change occur in Phase I and detailed subdivision and site plan review and approval occur during Phase II; and WHEREAS, the Board of Trustees is the Approval Authority for this application pursuant to Section 250-7.E(4)(b)(2) of the Village Code; and WHEREAS, on July 28, 2015 the Board of Trustees adopted a Negative Declaration pursuant to SEQRA for the Proposed Action which includes certain text amendments to the PUD zoning regulations in Chapter 250 of the Village Code, rezoning the Property from OB-1 to PUD, PUD Concept Plan and PUD Site Plan approvals, and other permits and approvals; and WHEREAS, on October 2, 2015 the Board of Trustees affirmed its continuing role as Lead Agency for the review of the PUD Site Plan application and referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, on January 14, 2016 the Planning Board adopted a Report and Recommendation which was submitted to the Board of Trustees for consideration. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on February at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the above-referenced application. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application and further directs that, pursuant to General Municipal Law §239-nn, notice of public hearing shall be sent to the Town/Village of Harrison for comment no less than 10 days prior to the public hearing. BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with Section 250-40 of the Village Code regarding notification for the public hearing. Mr. Null addressed the Board stating that earlier today he sent a email requesting a Public Hearing be set for February 23' 2016. He understands there are questions regarding the 3 supply of water but they have obtained a will serve letter from Suez Water. He received an email that he forwarded to Chris and gave copies to the Board. The email confirms that a flow test was conducted on the discharge side of the Bellefair booster station — based on the results — the willingness to serve was issued. It included results from the flow test which show adequate pressure to service the development. Mayor Rosenber is concerned with good pressure as opposed to adequate pressure.—that is where the concern of this board is. Mr. Null responded that he believes the fact that Suez Water gave a willingness to serve letter means they are confirming that they are confident they have the capacity to deliver. Mr. Bradbury added that initially they said they would need to do an improvement of some sort—the Board wants to make sure that the community surrounding this proposed development does not suffer any water related problems. Mayor Rosenberg believes the Village's consultants need to get to a certain level of comfort on this subject. Mr. Null added that the water company cannot conduct any further testing in these weather conditions. If they can't conduct these tests till Spring he has a serious concern about waiting. Mr. Bradbury stated that they will take the information provided tonight by the application and forward it to the consultant first think in the morning and see what comes back to us. Trustee Heiser wants to tell the residents at Bellefair they have no concerns about water pressure—there will be no impacts and they will notice nothing. Mayor Rosenberg agrees — the residents of Bellefair will not see any degradation in their water — we don't want to see any reduction in psi regardless of the letter received. We will set the Public Hearing— send to our consultant in the morning and await a response. Public Hearing set for February 23, 2016 On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 2) Authorizing the submission of a NYS Home Rule Request to reauthorize a Hotel Occupancy Tax. Mr. Bradbury read the resolution: 4 RESOLUTION AUTHORIZING THE SUBMISSION OF A NYS HOME RULE REQUEST TO REAUTHORIZE A HOTEL OCCUPANCY TAX WHEREAS, the Village of Rye Brook desires to reauthorize an occupancy tax on any room for hire within the Village first enacted in 2010 for a three (3) year period and renewed in 2013 for an additional three (3)year period; and WHEREAS, the rate of such tax shall not exceed three (3) percent of the per diem rental rate for each room; and WHEREAS, NYS Senator George Latimer has introduced NYS legislation to the Senate with bill number 5.6079, and NYS Assemblyman Steve Otis has introduced NYS legislation to the Assembly with bill number A.9072; and WHEREAS, this legislation requires the passage of a Home Rule Request to the NYS Senate and NYS Assembly by the Village of Rye Brook. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby approves the submission of a Home Rule Request to the NYS Senate and Assembly for bill numbers S.06079 and A.9072 that would not exceed a three (3) percent daily room tax for a hotel, motel, or similar place of public accommodation; and BE IT FURTHER RESOLVED, that the Mayor and Administrator/Clerk are hereby authorized to submit the Home Rule Request and to execute and deliver all necessary documents to New York State. Mayor Rosenberg stated that this is such an important matter. The Hotel Tax was enacted in fiscal year 2010 — 2011 — brought in hundreds of thousands of dollars to the Village. He appreciated Senator Latimer, Assemblyman Otis, Governor Patterson and Governor Cuomo for proposing this and we are hoping for same positive news again from Albany. Mr. Bradbury added that there are a total of 800 rooms in Rye Brook which is a significant amount of rooms and the income from this tax is very important to the Village budget. On a motion made by Trustee Rednick and seconded by Trustee Klein, the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 5 3) Appointment to the Town of Rye Board of Assessment Review. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING AN APPOINTMENT TO THE TOWN OF RYE BOARD OF ASSESSMENT REVIEW WHEREAS, there is an existing agreement between the Town of Rye and the Villages of Rye Brook and Port Chester describing the method of appointment for members of the Town of Rye Board of Assessment Review; and WHEREAS, in accordance with this agreement, the Town of Rye has recommended the re-appointment of Brian Niles to serve a five (5) year term on the Town of Rye Board of Assessment Review as the Town of Rye Designated Member; and WHEREAS, the Rye Brook Village Board wishes to consent to this recommended appointment of Brian Niles to serve a five (5) year term on the Town of Rye Board of Assessment Review as the Town of Rye Designated Member. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby consents to the Town of Rye's appointment of Brian Niles of 70 Rock Ridge Drive, Rye Brook, NY, to serve as the Town of Rye's Designated Member to the Board of Assessment Review (BAR) for a term of five (5) years, which term begins on October 1, 2015 and will expire on September 30, 2020, in accordance with the inter- municipal agreement among the Town of Rye and the Villages of Rye Brook and Port Chester; and BE IT FURTHER RESOLVED, that a copy of this resolution shall be forwarded by the Village Administrator/Clerk to the Town of Rye for final approval. Mr. Bradbury explained that when Rye Brook stopped being an assessing unit we wanted to make sure we had Rye Brook representation on the Assessment Review Board. There are 2 Rye Brook residents, 2 Port Chester residents and 2 Village of Mamaroneck residents. The procedure is that the community recommends who represents them and the other community approves it. This is the Rye Town recommendation and Rye Brook has to approve it. On a motion made by Trustee Heiser and seconded by Trustee Epstein, the resolution was approved and Mr. Bradbury called the roll: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 6 4) Considering the approval of minutes from the meeting of January 12, 2016. Mayor Rosenberg asked to adjourn this item as he has not had a chance to review the minutes. ADMINISTRATORS REPORT Mr. Bradbury addressed the snow storm again tanking the highway and parks employees but this time he also wanted to thank the residents. Everyone was very cooperative staying home until the roads were clean and safe and also in cleaning their sidewalks. Solarize Rye Brook — this Thursday February 28`1 the Village is hosting another workshop at Village Hall. There was another great article in the Wetmore News last week which was great. He advised the community that we are also holding another event on Saturday, February 6`h at Starbucks during their peak time which will be another opportunity for residents to ask questions and get information. NEW BUSINESS • Review of Draft Five-Year Capital Improvement Plan. Mr. Bradbury explained that this was implemented to raise issues and identify projects important to the Village. Some of the information came from the Comprehensive Plan and some came from projects that are required such as the sanitary sewer project and some comes from the Departments and what they feel there needs are......much more than a wish list. This is a guide for our staff and feedback is very useful and helpful. Some items require further discussion — the Community Center for example. This is a living document that can be revisited at any time. Mayor Rosenberg added that the Village budget workshops are already scheduled and that is where the public will have the ability to come down and give their opinion as well. Trustee Klein asked if any other roads will require the resurfacing project that was done on High Street — the response was no. He also asked about the new Public Works and Parks garage and when we see that happening. Mr. Bradbury responded that the space needs analysis is being done and he predicts maybe the tail end of next year for financing of that project. Trustee Klein also believes that a spray park or roller hockey rink are temporary or seasonal uses and would like to find something more year round....maybe being able to transform them into something else out of season. Mr. Bradbury responded that this is a discussion item and they are looking for feedback to see if there was any interest. 7 Trustee Rednick asked about the artificial turf at the King Street Fields — not going to make it till 2018 —terrible shape—thinks we need to take a look at that. Mr. Bradbury responded that either way we are looking at summer of next year— 2017— debated about when financing has to be put in place — we are making small fixes on the turf to get by for a bit. It has been 8 years and the turf is worn but in the heavily used areas it is getting to low so they are taking spots on the outside and bringing it to the middle for a quick fix. Mayor Rosenberg added that our Fire Department Ladder truck is going to have to be replaced next year and will cost in the order of a million dollars. Trustee Rednick in regard to the Community Center, if we are going to study it he would like to see it done sooner than later and either dismiss it or proceed to the next step. Chris responded that this is the type of feedback I am looking for and if you want me to put it in this year's budget. LED street lighting — Mr. Nowak gave an update. He is in contact with NYPA for a photometric analysis and to obtain various light heads available under the program. He has reviewed them and have narrowed it down to two light heads and will be getting samples in the next couple of weeks - they will be installed and will be able to give feedback after that. There being no further comments or questions, Mayor Rosenberg adjourned the meeting at 8:35 by unanimous voice vote. 8