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HomeMy WebLinkAbout2016-04-26 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, APRIL 26, 2016 AGENDA 7:00 P.M. —EXECUTIVE SESSION: Teamsters Contract Negotiations 7:30 P.M. —REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS PUBLIC HEARINGS: 1) Public Hearing on proposed legislation modifying the Village Code establishing No Parking or Standing restrictions on the south side of Hillandale Road. RESOLUTIONS: 1) Considering proposed legislation modifying the Village Code establishing No Parking or Standing restrictions on the south side of Hillandale Road. 2) Considering a license agreement for the use of public streets at 117 �/z North Ridge Street. 3) Considering a license agreement for the use of public property at 5 Winthrop Drive and Pine Ridge Park. 4) Considering the adoption of the 2016-17 Annual Budget. 5) Considering setting a public hearing for the site plan and subdivision applications by K&M Bowman Ave and Win Ridge for a park on Bowman Avenue. 6) Considering a donation to the Independence Day Observance Committee for the 2016 Independence Day Event and Fireworks. Board of Trustees Meeting April 26, 2016 Page 1 7) Considering an agreement with the Blind Brook School District for the Recreation Department to manage an after-school recreation program. 8) Considering a resolution authorizing the renewal of a Westchester County Department of Health Food Service Permit Application to operate a food service establishment at the Anthony J. Posillipo Community Center. 9) Considering the approval of the minutes for the meetings held on April 12, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM: • Considering modifying the Village Code to consider decks as a pervious surface. • Considering an amendment to the Zoning Code and Official Map to remove Westchester Avenue as part of the Scenic Road Overlay District. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS Regular Meetings: May 10 and May 24, 2016 Arbor Day: April 29, 2016 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 Greg Austin, Police Chief Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Board of Trustees Meeting April 26, 2016 Page 2 Mayor Paul Rosenberg welcomed everyone to the Tuesday, April 26, 2016 meeting of the Board of Trustees. He noted that the Board just came from an Executive Session on Teamsters Contract Negotiations. He called for the first item on the agenda. PUBLIC HEARINGS: 1) Public Hearing on proposed legislation modifying the Village Code establishing No Parking or Standing restrictions on the south side of Hillandale Road. Mayor Rosenberg called for motion to open the public hearing. On a motion made by Trustee Susan Epstein, and seconded by Trustee Jeffrey Rednick, the public hearing was declared open. Mr. Christopher Bradbury, Village Administrator, called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye Mayor Rosenberg noted that the Board received some phone calls about congestion on Hillandale Road. An investigation found that many of the cars belonged to High School students who are parking on Hillandale because there are not enough spaces for them on the school property. Mr. Bradbury stated that the matter was referred to the Traffic Commission for review. The Traffic Commission made some recommendations, which have been drafted into local law. The matter was then placed on the agenda for public input. Mr. Bradbury noted that the recommendation was no parking on the South side of Hillandale Road, from 8:00 a.m. to 4:00 p.m. Mayor Rosenberg stated that the Board received several comments from residents via email. He called for members of the public that wished to address the Board. Dick Rutledge of 38 Hillandale Road, a resident for 45 years, stated that this year there were many cars parking on Hillandale. No one was certain who was parking there or why. Since the situation was worse this year than in prior years, he expressed concern for what would happen over the coming years. Board of Trustees Meeting April 26, 2016 Page 3 Trustee Epstein noted that the Seniors at Blind Brook High School receive a parking spot. Juniors do not. Mr. Bradbury noted that on certain years, as juniors become eligible to drive, the number of cars parking on Hillandale increase. This is a public street and you cannot tell the students not to park there. Hope Albrecht Klein of Hillandale Road addressed the Board. She noted this has been an issue every year, but not to the degree that it has reached this year. She noted that in previous years the students parked in the office building parking lot off 900 King Street. This year, however, the office is over 60 to 70 % full, and they can no longer use that parking lot. The children were also able to park in the Arbors in prior years. Now these approximately 22 cars are looking for parking spots. When there are games played on the fields, the parents park on Hillandale. Cars are parking right up to the edge of the driveways, making it extremely difficult or impossible for the residents to enter or exit their driveways. Another issue is the fact that some of these cars are also speeding. Mayor Rosenberg noted that the Fire Department has expressed concern about getting to some of the homes on Hillandale because of the parking issues. This is a tight roadway with pedestrians walking. Safety is now a big concern. Steven Finklestein of 75 Hillandale felt that the proposal before the Board was a bit of overkill. The problem is on the south side of the bend. He suggested that perhaps the no parking could be a seasonal issue. He felt that the parking should not be extended past the curve. Kathy Finklestein of 75 Hillandale addressed the Board. She noted that the street is narrow and dangerous and people speed. Landscapers, delivery cars/vans, nannies park here also. The mount of congestion is too much and is unsafe. Mayor Rosenberg noted that the no parking rule would only be effective on School Days. He suggested no parking, except commercial vehicles. This would allow landscapers to park. Hope Klein noted that the new homes at the end of Hillandale do not have driveways that you can get in and out of easily if a car is parked right up to the edge. The students have been asked to park a few feet back, but it did not work. Another resident of Hillandale asked if the school could increase the parking for the students. Mr. Rutledge asked what the rules are for students driving a car to school. Who are the drivers of these cars? And, if they are new drivers, why can't they go to school the same way they were before they were able to drive? Mayor Rosenberg Board of Trustees Meeting April 26, 2016 Page 4 noted that the Seniors can park on the school property. Juniors cannot. Trustee Epstein pointed out that there are not enough parking spots for all of the seniors and so they share the spots. The Juniors, who are 16 or 17 years old, park on the streets. Trustee David Heiser noted that Juniors are not allowed to park on School property. They are allowed to drive and these are public roads so no one can tell them they cannot park on Hillandale. The school cannot tell them how or where to park because they are not parking on school property. Trustee Epstein suggested restricting the parking to 2 hours. Students cannot leave school once they start and they would not be able to move the car every two hours. She agreed that this is a safety issue. Mayor Rosenberg reiterated that this is a safety issue, and as such the Board needs to take action. He called for comments from the Board. Trustee Heiser noted that prohibiting parking on the South side of Hillandale would cause a mad dash for the spots on the North side. Mayor Rosenberg stated that the Traffic Commission felt that the restricted parking should go to the circle. A resident noted that the safety issue was at the bend. Hope Klein noted that there was more than one bend on this road. It was pointed out that the fire hydrants are on the South side of the road. She asked that a decision be made at this meeting. Mr. Steven Rider of 44 Hillandale Road noted that the students' parking on both sides of the street is a problem. Mayor Rosenberg thanked the Traffic Commission for the work that they have done. He suggested no parking on the South side on school days from 8:00 to 12:00, except for a commercial vehicle, from King Street to between 28 and 24 Hillandale. If a landscaper or a delivery man parks there they can move the vehicle quickly in the case of a fire. If this becomes a problem where the children are parking on both sides of the street, then the issue can be revisited. On a motion by Trustee Epstein, and seconded by Trustee Heiser, the public hearing was closed. The roll was called: Board of Trustees Meeting April 26, 2016 Page 5 Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye RESOLUTIONS: 1) Considering proposed legislation modifying the Village Code establishing No Parking or Standing restrictions on the south side of Hillandale Road. Mr. Bradbury read the resolution, as amended: RESOLUTION CONSIDERING PROPOSED LEGISLATION MODIFYING THE VILLAGE CODE ESTABLISHING NO PARKING OR STANDING RESTRICTIONS ON THE SOUTH SIDE OF HILLANDALE ROAD WHERAS, residents have voiced concerns about parking on Hillandale during school days; and WHEREAS, the members of the Traffic Commission has given a review and recommendation to prohibit parking on Hillandale; and WHEREAS, a local law amending Chapter 240 of the Village Code has been drafted prohibiting parking on the south side of a portion of Hillandale from 8:00 a.m. to 12:00 p.m. on school days, excluding commercial vehicles; and WHEREAS, a Public Hearing was held by the Board of Trustees on April 26, 2016 for residents to voice their concerns and the hearing was closed. Board of Trustees Meeting April 26, 2016 Page 6 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the proposed legislation modifying the Village Code establishing No Parking or Standing restrictions on the south side of Hillandale Road from a point 115 feet west of King Street to a point between 24 and 28 Hillandale Road, from 8:00 a.m. to 12:00 p.m. on school days, excluding commercial vehicles. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted, as amended. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye With the consensus of the Board, Mayor Rosenberg took Item #6 out of order. 6) Considering a donation to the Independence Day Observance Committee for the 2016 Independence Day Event and Fireworks. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A DONATION TO THE INDEPENDENCE DAY OBSERVANCE COMMITTEE FOR THE 2016 INDEPENDENCE DAY EVENT AND FIREWORKS WHEREAS, The Port Chester-Rye Brook-Town of Rye Independence Day Committee will host the 2016 Independence Day Celebration on July 9th instead of July 4th; and Board of Trustees Meeting April 26, 2016 Page 7 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 2016 Independence Day Celebration. Hope Albrecht Klein addressed the Board. She noted that the Committee lost funding from the prior year and they hoped they could count on Rye Brook's donation. This year the celebration will be held on Saturday night, July 9th. She hoped that everyone would attend. On a motion made by Trustee Epstein, 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 Rednick Voting Aye Mayor Rosenberg Voting Aye 2) Considering a license agreement for the use of public streets at 117 1/2 North Ridge Street. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A LICENSE AGREEMENT FOR THE USE OF PUBLIC STREETS WITH THE OWNERS OF 1171/2 NORTH RIDGE STREET Board of Trustees Meeting April 26, 2016 Page 8 WHEREAS, Joseph Rocco and Robin Bivona-Rocco, owners of 117 1/2 North Ridge Street, designated on the Town of Rye Tax Assessors Map as Section 135.59 Block 1 Lot 36, has requested a license from the Board of Trustees to maintain a retaining wall and driveway currently located in the North Ridge Street right-of-way, which right-of-way is owned by the Village of Rye Brook ("Village Property"), and to enter upon that portion of said Village property to maintain, restore and replace (in-kind) the retaining wall and fence and for no other purpose; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determines the proposed action to be a Type II Action and, accordingly, no further environmental review is required. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees, upon consideration of the aforementioned request, hereby authorizes the Village to enter into a License Agreement with Joseph Rocco and Robin Bivona-Rocco, as annexed to this Resolution as Exhibit "A", to maintain the retaining wall and driveway currently located within the North Ridge Street right-of-way, subject to and in accordance with the terms set forth in the attached License Agreement and as may be modified by Village counsel; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute the License Agreement and deliver all necessary documents to accomplish its purposes. The homeowners addressed the Board and gave a brief overview of why the licensing agreement was necessary. Trustee Klein noted there were no issues with the line of sight. Board of Trustees Meeting April 26, 2016 Page 9 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 Rednick Voting Aye Mayor Rosenberg Voting Aye 3) Considering a license agreement for the use of public property at 5 Winthrop Drive and Pine Ridge Park. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A LICENSE AGREEMENT FOR THE USE OF PUBLIC PROPERTY IN PINE RIDGE PARK WITH THE OWNER OF 5 WINTHROP DRIVE AT PINE RIDGE PARK WHEREAS, Kenneth Egol, owner of 5 Winthrop Drive, designated on the Town of Rye Tax Assessors Map as Section 135.42 Block 1 Lot 47, has requested a license from the Board of Trustees to maintain a wood privacy fence currently located in Pine Ridge Park owned by the Village of Rye Brook ("Village Property"), and to enter upon that portion of said Village property to maintain, restore and replace (in-kind) the wood privacy fence and for no other purpose; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA), determines the proposed action to be a Type II Action and, accordingly, no further environmental review is required. Board of Trustees Meeting April 26, 2016 Page 10 NOW THEREFORE BE IT RESOLVED, that the Board of Trustees, upon consideration of the aforementioned request, hereby authorizes the Village to enter into a License Agreement with Kenneth Egol, as annexed to this Resolution as Exhibit "A", to maintain the wood privacy fence currently located within Pine Ridge Park, subject to and in accordance with the terms set forth in the attached License Agreement and as may be modified by Village counsel; and BE IT FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute the License Agreement and deliver all necessary documents to accomplish its purposes. Mr. Bradbury noted that the homeowner has requested permission to install a privacy fence. The applicants addressed the Board. They noted that they put up a wood screen fence not realizing that the existing fence was on the property line. His insurance requires him to have an agreement with the Village in place because of this. They offered to donate the fence to the Village if an agreement could not be reached. It was noted that the fence is approximately 18" into the park. It was also noted that a portion of the applicants' property is being used as parkland. They offered a land swap. Mr. Bradbury noted that parkland would require an act of State Legislature to sell or swap. Attorney Edward Beane noted that it makes sense, but the Village cannot touch parkland. He noted that there is a liability issue. He asked that the homeowner's insurance broker contact him to discuss this matter. The problem is that the homeowner is maintaining a structure on someone else's' property. The Village must be protected. The same issue exists for the homeowner's property being used as parkland if what the homeowner said is true. Attorney Beane noted that he was willing to try and work something out with the Village. There are new laws and new requirements. The Village has a Risk Manager that will get involved. Mayor Rosenberg noted that the Board could do one of two things. Move forward or adjourn. Attorney Beane stated that the best option was for the insurance company to speak with his office and see what can be worked out. On a motion made by Trustee Epstein, and seconded by Trustee Rednick, the resolution was adopted. Board of Trustees Meeting April 26, 2016 Page 11 The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye 4) Considering the adoption of the 2016-17 Annual Budget. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2016-2017 ANNUAL BUDGET WHEREAS, the Village Administrator filed the Tentative Budget on March 18, 2016; and WHEREAS, the Board of Trustees held two budget work sessions on March 28 and April 2, 2016; and WHEREAS, the Board of Trustees held a public hearing on April 12, 2016 pursuant to the notice of Public Hearing regarding the Tentative Budget, at which time all those wishing to be heard on behalf of or in opposition to the proposed budget were given the opportunity to be heard and the public hearing was closed at that time; and WHEREAS, on January 25, 2005 the Village of Rye Brook Board of Trustees adopted a local law allowing for homestead base proportions; and WHEREAS, on February 16, 2016 the Town of Rye adopted a resolution establishing base proportions of 70.760238% for homestead properties and 29.239762% for non- homestead properties for the purposes of the 2016-17 tax levy for the Village of Rye Brook; and Board of Trustees Meeting April 26, 2016 Page 12 WHEREAS, on February 23, 2016 the Rye Brook Board of Trustees adopted a resolution concurring with the Town of Rye and establishing base proportions of 70.760238% for homestead properties and 29.239762% for non-homestead properties for the purposes of the 2016-17 tax levy; and WHEREAS, the total taxable assessed value for Village tax purposes is $2,797,349,381 and based upon the amendments made by the Village Board and discussed at the budget work sessions and public hearing, would result in a homestead tax rate of $4.67 and a non-homestead tax rate of$7.77 per $1,000 of assessed valuation ($5.28 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $14,777,892 tax levy based upon the most updated Assessment Roll provided by the Assessor. NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees makes the following amendments to the Tentative Budget and are hereby adopted: 2016-17 2016-17 Tentative Adopted Fund/Account/Modifications Budget Budget Expenditures: 1680.499 Management Info Services - Contractual $152,515 $155,515 8560.414 Shade Trees - Shrubs/Trees $3,000 $5,000 7410.469 Library - Contractual $513,671 $515,171 Fees: Demolition without a permit & proof of utility shut-off $1,000 $1,500 Fire Alarm Test $200 $225 Board of Trustees Meeting April 26, 2016 Page 13 Blasting license/renewal $500/$300 Delete Blasting Location Permit - Residential (1 & 2 Family) $150 $750 Blasting Location Permit - Commercial $150 $2,000 Tent - Commercial Application $150 $175 $200 + $225 + $100 Tent - Commercial Tent Permit (under 30 days) $100 per per addt'l addt'l tent tent Tent - Commercial Tent Permit (30 days or $200 + $500 + $250 more) $100 per per addt'l addt'l tent tent Debt: Replace Artificial Turf($760k) - Change from paid by Serial Bond to paid from Bond Anticipation Note (BAN) LED Street Lighting ($255k) - Change from paid by BAN to paid from Fund Balance Rept John Deere Mower ($50k) - Change from paid by BAN to paid from Fund Balance Impacts: Serial Bonds (-$760,000) $5,260,000 $4,500,000 BANS (+$460,000) $520,000 $980,000 Fund Balance/Surplus for Capital Projects (+$305,000) $969,462 $1,274,462 Anticipated Fund Balance Impact as of May 31, $3,768,257 $3,463,257 Board of Trustees Meeting April 26, 2016 Page 14 2017 Fund Balance as a % of Operating & Sp. Maint. Expenditures 19.85% 18.25% AND BE IT FURTHER RESOLVED, that the Tentative Budget as hereinafter set forth and amended by the Board of Trustees, is hereby adopted as the Annual Budget for the Village of Rye Brook for the fiscal year beginning June 1, 2016; and be it FURTHER RESOLVED, that the amounts listed therein for payment of principal and interest on indebtedness, and that maintenance account charges identified in the budget be paid, and that the salaries, wages, benefits and other terms and conditions of employment for all employees, including those not represented by a bargaining unit, shall be paid such salaries and benefits as have been determined by the Board of Trustees; and be it FURTHER RESOLVED, that the Village Board does hereby authorize the tax levy for the sum of $14,777,892 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of $2,797,349,381 for the Village of Rye Brook and applying the approved homestead base proportions to determine the tax rates, would result in a homestead tax rate of$4.67 and a non-homestead tax rate of$7.77 per thousand of assessed valuation Mr. Bradbury reviewed some modifications made to the Budget. Mayor Rosenberg noted that Mr. Bradbury has done a phenomenal job on the Budget. Mr. Bradbury stated that this was a team effort. On a motion made by Trustee Rednick, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye Board of Trustees Meeting April 26, 2016 Page 15 5) Considering setting a public hearing for the site plan and subdivision applications by K&M Bowman Ave and Win Ridge for a park on Bowman Avenue. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION BY RYE RIDGE PARK LLC ON BEHALF OF K&M REALTY GROUP, LTD FOR APPROVAL OF AN AMENDED SITE PLAN FOR THE RYE RIDGE SHOPPING CENTER,AND A THIRD AMENDED SITE PLAN AND AMENDED SUBDIVISION FOR THE PROJECT ENTITLED "BOWMAN AVENUE DEVELOPMENT" VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Board of Trustees is in receipt of an application by Rye Ridge Park LLC ("Applicant") on behalf of property owner K&M Realty Group, Ltd. for approval of an Amended Site Plan for the Rye Ridge Shopping Center located on Bowman Avenue, designated as Parcel ID 141.27-1-7 on the Town of Rye Tax Map and located in the C1-P Zoning District and the Scenic Roads Overlay District, and a Third Amended Site Plan and Amended Subdivision for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1 on the Town of Rye Tax Map and located in the C1 Zoning District and the Scenic Roads Overlay District; and WHEREAS, the Board of Trustees is the Approval Authority for the application; and WHEREAS, site plan and subdivision approval for the Bowman Avenue Development project by K&M Realty Group, Ltd. was previously granted by the Board of Trustees on July 24, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act ("SEQRA") on December 16, 2006; and WHEREAS, an Amended Site Plan was thereafter approved by the Board of Trustees on January 22, 2013 following the adoption of a Negative Declaration pursuant to SEQRA; and WHEREAS, a Second Amended Site Plan was thereafter approved by the Board of Trustees on January 28, 2014 following the adoption of a Negative Declaration pursuant to SEQRA; and Board of Trustees Meeting April 26, 2016 Page 16 WHEREAS, the Applicant now proposes to modify the municipal park parcel design and to add parking for use by Rye Ridge Plaza; 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 which will undergo a coordinated review; and WHEREAS, on March 22, 2016 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for report and recommendation; and WHEREAS, on April 1, 2016 the Board of Trustees circulated Notice of Intent to declare itself Lead Agency pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED,that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on May 24, 2016 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, pursuant to General Municipal Law §239-m, the application shall be referred to Westchester County Department of Planning no less than 30 days prior to the public hearing, and pursuant to General Municipal Law §239-nn, notice of the public hearing on the application shall be referred to the Town/Village of Harrison and the City of Rye no less than 10 days prior to such 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. Mayor Rosenberg noted that this matter was under review. Mr. Bradbury stated that this matter was on the Planning Board's agenda. On a motion made by Trustee Epstein, 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 Rednick Voting Aye Mayor Rosenberg Voting Aye Board of Trustees Meeting April 26, 2016 Page 17 7) Considering an agreement with the Blind Brook School District for the Recreation Department to manage an after-school recreation program. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AGREEMENT WITH THE BLIND BROOK SCHOOL DISTRICT FOR THE RECREATION DEPARTMENT TO MANAGE AN AFTER-SCHOOL RECREATION PROGRAM WHEREAS, the Village of Rye Brook wishes to provide an after-school Recreation Program for students enrolled at the Blind Brook School District's Ridge Street Elementary School for the 2016-2017 school year; and WHEREAS, an inter-municipal agreement has been prepared between the Village of Rye Brook and the Blind Brook School District for this purpose. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby accept the terms and conditions of the inter-municipal agreement between the Village of Rye Brook and the Blind Brook School District to provide an after-school Recreation Program for students enrolled at the Blind Brook School District's Ridge Street Elementary School for the 2016-2017 school year, subject to any minor modifications approved by village counsel; and be it FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign any documents necessary to accomplish the purposes of this resolution. Mr. Bradbury gave a brief over of this matter. The Village intends to pursue this program but is still doing some research. Things are well underway. Mayor Rosenberg thanked the PTA for their assistance. Board of Trustees Meeting April 26, 2016 Page 18 On a motion made by Trustee Epstein, 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 Rednick Voting Aye Mayor Rosenberg Voting Aye 8) Considering a resolution authorizing the renewal of a Westchester County Department of Health Food Service Permit Application to operate a food service establishment at the Anthony J. Posillipo Community Center. Mr. Bradbury read the following resolution: RESOLUTION CONSIDER AUTHORIZING THE RENEWAL OF A WESTCHESTER COUNTY DEPARTMENT OF HEALTH FOOD SERVICE PERMIT APPLICATION TO OPERATE A FOOD SERVICE ESTABLISHMENT AT THE ANTHONY J. POSILLIPO COMMUNITY CENTER WHEREAS, the Westchester County Department of Health Sanitary Code requires that a food service permit be obtained from the Department of Health to operate a food service establishment; and WHEREAS, the Anthony J. Posillipo Community Center serves and operates a food service establishment and would like to renew their application for such permit in order to comply with all rules and regulations of the Westchester County Department of Health. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Village Administrator, Deputy Village Clerk and Mayor to apply for a renewal of a food service permit for the Anthony J. Posillipo Community Center and to execute and deliver to the Westchester County Department of Health, for Board of Trustees Meeting April 26, 2016 Page 19 and on behalf of the Village, a renewal application for a permit to operate a food service establishment and to execute and deliver any and all additional documents which may be appropriate or desirable in connection therewith. Mr. Bradbury noted that this is a renewal of an existing Food Service Permit. This is done every year. On a motion made by Trustee Rednick, and seconded by Trustee Klein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Trustee Jason Klein Voting Aye Trustee Rednick Voting Aye Mayor Rosenberg Voting Aye 9) Considering the approval of the minutes for the meetings held on April 12, 2016. With the consensus of the Board, the review of the April 12, 2016 minutes was adjourned to the next meeting. Mr. Bradbury called for an additional resolution 10) APPOINTMENTS TO COMMMITTEES Mr. Bradbury read the following resolution: RESOLUTIONS APPOINTMENT TO THE AIRPORT ADVISORY COUNCIL NOW THEREFORE BE IT RESOLVED, that Peter Schlactus of 80 BelleFair Road is hereby reappointed for a term that shall expire on the first Monday in April 2019. APPOINTMENT TO THE SUSTAINABILITY COMMITTEE Board of Trustees Meeting April 26, 2016 Page 20 NOW THEREFORE BE IT RESOLVED, that Stephanie Fisher of 38 Lawridge Drive is hereby reappointed for a term that shall expire on the first Monday of April 2019. APPOINTMENT TO THE TECHNOLOGY AND COMMUNICATIONS OMMISSION NOW THEREFORE BE IT RESOLVED, that Mark Klapper of 1 Charles Lane is hereby reappointed for a term that shall expire on the first Monday in April 2019 Mr. Bradbury noted some of the appointments were to fill unexpired terms, and some were to name Chairs. On a motion made by Trustee Epstein, 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 Rednick Voting Aye Mayor Rosenberg Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury began his report by reminding everyone that this Friday is Arbor Day in Rye Brook. The Village has a celebration schedule at 9:00 a.m. at Rye Hills Park. Everyone is encouraged to come. King Street has a lot of activity going on. The state has agreed to replace the sidewalks over the bridge. The Village is thrilled. The State is finishing up the curbs and Rye Brook has already to start work. The Village is trying to save one tree that has been moved. This is a huge tree. The milling and paving will be done at night, it will be loud with bright lights -- but it must be done. Mayor Rosenberg noted that there were two discussion items on the agenda. The first was placed on the agenda by Trustee Epstein. DISCUSSION ITEM: Board of Trustees Meeting April 26, 2016 Page 21 • Considering modifying the Village Code to consider decks as a pervious surface Trustee Epstein stated that the Village's Code considers a deck as an impervious surface. She was looking to change this as it was too restrictive. Mr. Bradbury stated that to be considered a pervious surface, stormwater must pass through. Mayor Rosenberg noted that the Code can be modified in several ways. One thing to be considered is the zoning of the property. Mr. Michel Nowak, Superintendent of Public Works, gave an overview. He noted that just widening the slots of the deck would not work. Regarding capturing the stormwater underneath the deck, there are multitudes of ways to go. Mr. Bradbury noted that the goal is to make sure that the ground under the deck is not too compacted. If the water can flow through the slots of the deck, then you need to make sure it can get through the soil. If the Board wants to relax the restrictions of the Code in this area, then he asked that the Board provide input. You want to prevent a resident putting a deck on the entire property. Trustee Klein felt that there needed to be mitigation for stormwater. When water passes through the slots of deck there is a lot of sheathing, which is unlike grass where the water percolates into the ground. Mr. Bradbury will do some research and see what other municipalities handle decks, and see what staff thinks of this change. Mayor Rosenberg noted that discussion item number two was an item he asked to have placed on the agenda. • Considering an amendment to the Zoning Code and Official Map to remove Westchester Avenue as part of the Scenic Road Overlay District It was noted that Westchester Avenue does not fit the description of a Scenic Road Overlay District. Applicants in this area need a variance. The Rye Town Hilton was before the Planning Board for an application because it required variance from the Scenic Overlay District. When the Scenic Overlay District was put in place, the goal was to protect the streetscape, and entryways into Rye Brook. The streets in this district include North Ridge Street, Anderson Hill Road, King Street, and Lincoln Avenue. These are beautiful, country roads. He felt that Westchester Avenue did not belong in this district. Mr. Bradbury noted that applications made in this district require a site plan review. Most of the properties on Westchester Avenue will require site plan review regardless of Board of Trustees Meeting April 26, 2016 Page 22 the Scenic Overlay District. There are nine homes on the portion of Westchester Avenue in the Scenic Overlay District. An important item to remember is the setback for this zone. Trustee Klein felt that this portion of Westchester Avenue is an entryway into the Village. Mayor Rosenberg noted that this was something to think about. Mayor Rosenberg noted that the next meetings for the Board of Trustees were scheduled for May 10, 2016 and My 24, 2016. He reminded everyone that the Arbor Day celebration would take place at Rye Hills on April 29, 2016. There being no further business before the Board, the meeting was adjourned at 9:30 p.m. Board of Trustees Meeting April 26, 2016 Page 23