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HomeMy WebLinkAbout2016-06-14 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, JUNE 14, 2016 AGENDA 7:00 P.M. — EXECUTIVE SESSION: 1) Legal matters & advice regarding the Fire Protection Agreement by and between the Village of Port Chester and the Village of Rye Brook, and the Rye Brook career firefighters. 2) Tax Certiorari's and other tax assessment challenges. 7:30 P.M. — REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS: 1) Town Assessor report on the tentative assessment roll and grievance process. PUBLIC HEARINGS: 1) Continuation of a public hearing on site plan and subdivision applications by K&M Bowman Avenue and Win Ridge for a park on Bowman Avenue. RESOLUTIONS: 1) Considering site plan and subdivision applications by K&M Bowman Avenue and Win Ridge for a park on Bowman Avenue. 2) Considering the waiver of restricted hours for interior filming for a specific filming permit application at the Westchester Hilton. 3) Considering a request for the use of Harkness Park by the Blind Brook-Rye Federation of Teachers for an annual event. Board of Trustees Meeting June 14, 2016 Page 1 4) Setting a public hearing on a proposed local law to reduce the length of time prior to the expiration of a building permit, and to require permits for replacement windows. 5) Considering awarding Bid 16-02, Paving of Various Streets. 6) Considering an agreement with the Carver Center for pool and park use. 7) Considering an agreement to upgrade Granicus video streaming services. 8) Considering the approval of the minutes for the meetings held on May 10 and May 24, 2016. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM: 1) Considering the regulation of pet stores and pet dealers in Rye Brook ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS - Regular Meetings: June 28, 2016 and July 12, 2016 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg Board of Trustees Meeting June 14, 2016 Page 2 VILLAGE STAFF: Alex Frank, Intern, Administrator's Office Gregory Austin, Chief of Police Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Paul Rosenberg welcomed everyone to the Tuesday, June 14, 2016 Board of Trustees meeting. He noted that the Board just came from an Executive Session on Legal matters & advice regarding the Fire Protection Agreement by and between the Village of Port Chester and the Village of Rye Brook, and Tax Certiorari's and other tax assessment challenges. He noted that Mr. Bradbury, Village Administrator, was excused from the meeting and Alex Frank, Administrative Intern, would be assisting the Board. Mayor Rosenberg called for the first item on the agenda: REPORT/PRESENTATIONS: 1) Town Assessor report on the tentative assessment roll and grievance process. Denise Knauer, Tax Assessor for the Town of Rye, addressed the Board. She gave a brief overview of the assessment and the grievance process. She noted that the assessments should reflect the market value. That is the amount that the house would sell for. Vision Appraisal did the modeling of the values based on sales. She noted that the average assessment in the Village of Rye Brook went up approximately 1.5%. In the Village of Mamaroneck the average assessment went up .2%, and in Port Chester the percentage was 2.8%. The overall increase was 1.05% for the Town. Notices have been sent out to all residents as of June 2"d. If a resident feels that the assessment is unfair, a grievance can be filed with the Assessment Office. The resident must file the documentation to prove what the value of the home is, and the burden of proof is on the property owner. The form must be filed out as that is the starting point, and then the required documentation must be filed. There is a lot of information on the Tax Assessor's web page, and the staff is available to help residents. Ms. Knauer noted that the Star Program was changed by the State this year. Board of Trustees Meeting June 14, 2016 Page 3 Residents can view the information on the internet. New applicants must go to the State to register. Mayor Rosenberg noted that there is a lot of information on the website at www(oTownofRyeny.com. There are other links that are helpful for residents such as sites where you can locate a current owner, deed information, etc. Mayor Rosenberg thanked Ms. Knauer for the information she provided. Residents who feel that their assessment is unfair submit the grievance form prior to the deadline. Ms. Knauer's staff is available to answer any question or assist with completing the documents. Mayor Rosenberg, with the consensus of the Board, called for the Discussion Item on the agenda as a courtesy to Mayor Rosenberg from the Village of Mamaroneck who was in attendance and hoping to address the Board. It was noted that Senator Latimer has informed the Village of Rye Brook that the laws in Mamaroneck have changed as they pertain to pet stores and pet dealers. DISCUSSION ITEM: 1) Considering the regulation of pet stores and pet dealers in Rye Brook. Mayor Rosenberg thanked the Board for the courtesy. He noted that he prepared packets for the Board of Trustees, and handed them out to the Board and staff. He noted that a local law to amend Chapter 156, Dogs and Other Animals, of the Code of the Village of Mamaroneck, to add new Article VI Prohibition on Sales of Commercially Bred Dogs and Cats, has been enacted in the Village of Mamaroneck. Currently the New York City law is being appealed. This local law has to do with the care and consumer protection of dogs and cats. This is a very strong law. It simply says, "The sale of commercial breed cats and dogs is prohibited." This law does not ban all sales of cats and dogs but rather bans puppy mills. The purpose is to give a voice to the voiceless. The way the animals are treated by the puppy mills is egregious. Mayor Rosenberg noted that the Board was familiar with the fight against puppy mills. He asked that staff draft a local law for Rye Brook and place this matter on an agenda for a public hearing. Mayor Rosenberg will be informed of the date and time of the public hearing. He was thanked for his concern shown to animals that cannot protect themselves. Mayor Rosenberg returned to the agenda and called for the first public hearing: Board of Trustees Meeting June 14, 2016 Page 4 PUBLIC HEARINGS: 1) Continuation of a public hearing on site plan and subdivision applications by K&M Bowman Avenue and Win Ridge for a park on Bowman Avenue. Steven Silberberg, Esq., addressed the Board as the legal counsel for the applicants. Attorney Silberberg noted that the applicants have received permits and variances, and now all of the approvals that are required for the application to be considered are now in place. Jim Ryan, Engineer for the project, addressed the Board. He thanked Village Staff and Boards for their input. He reviewed the changes made in response to the comments received. The applicant has worked diligently on the grading. The majority of the features are now out of the flood zone. The entrance to the facility has been changed— coming off of Bowman Avenue. Also in that area is an access that goes directly to Bowman Avenue for pedestrian traffic. Signage will be installed. For people driving into the property there will also be signage directing them. The landscaping has been increased, and a small retaining wall is being constructed to protect the residents. A tree preservation plan has been worked on. Some of the trees that are worthy of protecting have been identified. Overall, the applicants looked at circulation as well as stormwater management. This site will now comply. Pervious pavers are being utilized, and a stormwater management system will be installed. The applicant has made accommodations for the handicapped. Mayor Rosenberg noted that he walked the property on Friday and found that the changes are improvements. He felt that in order to allow for easier access an additional gate should be installed. Trustee Susan Epstein questioned the pavers and the type of cleanup work they required. Mr. Ryan noted that there will be some maintenance that is required. Mayor Rosenberg questioned lighting, and Mr. Ryan noted that the only lighting will be in the parking lot and no light will be thrown towards the new homes. The lighting from the parking lot will light the entrance to the park, not the park area. Marilyn Timpone-Mohamed, Village Consultant, noted that the Board of Trustees has covered everything that the Planning Board has reviewed, and the Planning Board did a thorough review. Board of Trustees Meeting June 14, 2016 Page 5 Mayor Rosenberg called for questions or comments from members of the public. There being none, he turned to Ed Beane, Esq., Village Counsel for his recommendation. Attorney Beane reviewed the outstanding issues. Attorney Silberberg noted that the applicants are willing to do some Due Diligence. The clients are anxious to get this projected started and finished before this winter. Mayor Rosenberg noted that there was an area of the Agreement that he felt should be toned down. The matter will be placed on the next meeting agenda of the Board of Trustees. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the Public Hearing was closed and Ms. Frank 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 moved to the resolution portion of the agenda: RESOLUTIONS: 1) Considering site plan and subdivision applications by K&M Bowman Avenue and Win Ridge for a park on Bowman Avenue. Mayor Rosenberg called for a motion to adjourn the resolution to the meeting of June 28, 2016 On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Ms. Frank 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 Board of Trustees Meeting June 14, 2016 Page 6 2) Considering the waiver of restricted hours for interior filming for a specific filming permit application at the Westchester Hilton. Ms. Frank read the following resolution: RESOLUTION CONSIDERING THE WAIVER OF RESTRICTED HOURS FOR INTERIOR FILMING FOR A SPECIFIC FILMING PERMIT APPLICATION AT THE WESTCHESTER HILTON. WHEREAS, Section 123-7(a) of the Village Code outlines the permissible hours of filming, indicating that filming may only take place between the hours of 7:00 a.m. and 11:00 p.m. Monday through Friday, and between the hours of 9:00 a.m. and 11:00 p.m. Saturday; and WHEREAS, an application for interior and exterior filming at the Hilton Westchester on Friday, June 17, 2016 beginning at 2:00p.m. and continuing until Saturday, June 18, 2016 at 5:00am has been received by the Village Clerk's Office; and WHEREAS, the applicant has agrees to move all vehicles and exterior filming to a more isolated parking area closer to Westchester Avenue and further from any residential properties; and WHEREAS, the applicant has been advised by the Hilton Westchester that there are no activities or functions that will be scheduled in the temporary tent during any of the times of the filming activities; and WHEREAS, the applicant has requested that the permissible hours of operation be extended from 11:00pm on June 17, 2016 to 5:00am on June 18, 2016 to accommodate their interior only filming needs inside the Hilton Westchester located at 699 Westchester Avenue; and WHEREAS, Section 123-10 of the Village Code provides that the Village Board may waive certain provisions of the filming code at their discretion. NOW, THEREFORE BE IT RESOLVED, that the Village Board hereby waives the filming restrictions with respect to hours of operation and permits the applicant to film interior Board of Trustees Meeting June 14, 2016 Page 7 only from 11:00pm on Friday, June 17, 2016 until 5:00am on Saturday, June 18, 2016 at the Hilton Westchester located at 699 Westchester Avenue; and be it FURTHER RESOLVED, that the Village Clerk is authorized to sign and execute all documents necessary to accomplish the purposes of this resolution. Ryan Hammer and Charlene Hopson from Landline Productions addressed the Board. They noted this was a small feature. They would start filming around 4:00 and it is a scene in the Woods. Then there is a night time scene — a train parking lot. They do not need the tent that was proposed to be erected on Hilton property. Ms. Hopson noted that exterior work will wrap up by 11:00 p.m. There is a tight schedule; and they will have a 12 hour day. The scene is supposed to be somewhere in Connecticut, in the middle of nowhere. The permit will run thru 11:00 p.m. and there will be a police officer on duty. On a motion made by Trustee Epstein, 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 Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg called for a resolution out of order from the Agenda: 5) Considering awarding Bid 16-02, Paving of Various Streets RESOLUTION CONSIDERING AWARDING BID 16-02, PAVING OF VARIOUS STREETS Board of Trustees Meeting June 14, 2016 Page 8 WHEREAS, the Village solicited a bid for contract #16-02, Paving Various Roads; and WHEREAS, the bid for contract #16-02 was advertised in the Westmore News as the Official Newspaper of the Village of Rye Brook, and was also made available on the Empire State Purchasing Group bid system; and WHEREAS, at 10:00am on Wednesday, June 1, 2016 the Village Administrator opened sealed bids as summarized below: Bidder Base Bid Montesano Bros. Inc. $597,548.00 Bilotta Construction Corp. $597,654.45 PCI Industries Corp. $631,189.00 Clove Excavators Inc. $638,960.00 Consorti Bros. $650,585.00 ELQ Industries $652,232.00 Board of Trustees Meeting June 14, 2016 Page 9 NOW, THEREFORE BE IT RESOLVED that following review of the bids by the Village Administrator and Village Engineer, the Village Board of Trustees hereby determines that the lowest responsible bidder meeting all the requirements of the bid document is Montesano brothers for the base bid amount of$597,548.00. BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute and deliver any documents necessary and appropriate to accomplish the purposes of this resolution. Mayor Rosenberg called upon Mr. Mikal Nowak, Village Engineer for a review. Mr. Nowak reviewed the process for the bid, and the current status. He reviewed the list of proposed streets to be paved, and noted that the high bidder has worked in surrounding municipalities. The line stripping will start in early July. On a motion made by Trustee Epstein, 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 Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg called for resolution #3 3) Considering a request for the use of Harkness Park by the Blind Brook-Rye Federation of Teachers for an annual event. Ms. Frank read the following resolution: Board of Trustees Meeting June 14, 2016 Page 10 RESOLUTION CONSIDERING A REQUEST FOR THE USE OF HARKNESS PARK BY THE BLIND BROOK-RYE FEDERATION OF TEACHERS FOR AN ANNUAL EVENT WHEREAS, in an email dated June 5, 2016, Nick Bianculli, President-Elect of the Blind Brook — Rye Federation of Teachers requested the use of Harkness Park on Wednesday, August 31, 2016 from 3:00pm to 6:00pm 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 Wednesday, August 31, 2016 from 3:00pm to 6:00pm for the "Blind Brook- Rye Federation of Teachers Meet and Greet." Mayor Rosenberg noted that a similar request has been made in prior years. On a motion made by Trustee Klein, 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 Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4) Setting a public hearing on a proposed local law to reduce the length of time prior to the expiration of a building permit, and to require permits for replacement windows. Ms. Frank read the following resolution: Board of Trustees Meeting June 14, 2016 Page 11 RESOLUTION SET A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO REDUCE THE LENGTH OF TIME PRIOR TO THE EXPIRATION OF A BUILDING PERMIT, AND TO REQUIRE PERMITS FOR REPLACEMENT WINDOWS AT THE BOARD OF TRUSTEE MEETING HELD ON JUNE 28, 2016. BE IT RESOLVED, that the Village of Rye Brook Board of Trustees set a public hearing on a proposed local law to reduce the length of time prior to the expiration of a building permit, and to require permits for replacement windows at the Board of Trustee meeting held on June 28, 2016. Residents were exempted from needing a permit for replacing in-kind windows. New York State Law has changed and now the Village must require a permit for replacement windows. No Architectural Review Board review is required if you are not changing the shape of the window. This change is really a cleanup of the Village's Code. The resolution before the Board is to set a public hearing On a motion made by Trustee Klein, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein voting ayer Trustee David Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 6) Considering an agreement with the Carver Center for pool and parr use. Ms. Frank read the following resolution: Board of Trustees Meeting June 14, 2016 Page 12 RESOLUTION CONSIDERING AN AGREEMENT WITH THE CARVER CENTER FOR POOL AND PARK USE. 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. Mayor Rosenberg noted that Mr. Christopher Bradbury had arrived for the meeting. Trustee Rednick noted that he heard that a lot of the campers do not like the Carver Center. Mr. Bradbury noted that the Village switched from using the SUNY Purchase Pool because the times were very limited, and the Village was only able to use a few lanes. Carver Center has more time slots to offer, as well as having he whole pool available. An agreement is put in place every year. On a motion made by Trustee Epstein, 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 Board of Trustees Meeting June 14, 2016 Page 13 Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 7) Considering an agreement to upgrade Granicus video streaming services. Ms. Frank read the following resolution: RESOLUTION CONSIDERING AUTHORIZING THE VILLAGE OF RYE BROOK TO ENTER INTO A SERVICE AGREEMENT WITH GRANICUS, INC. FOR AN UPGRADE OF THEIR STREAMING VIDEO SERVICES. WHEREAS, the Village has had a service agreement with Granicus, Inc. for streaming video and other related services since 2007; and WHEREAS, the current Granicus, Inc. system needs to be upgraded in order to improve quality and to make it compatible with various other video viewing products such as Apple devices; and WHEREAS, the new Granicus, Inc. system is also compatible with I Compass, our newly selected agenda management software system; and WHEREAS, the total cost one-time of the new encoder upgrade is $3,500, and the additionally monthly cost will go up $100 per month from $660/month to $760/month representing the first price increase since we began with Granicus, Inc. in 2007. NOW, THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby authorizes the Village of Rye Brook to enter into a new service agreement with Granicus, Inc. for an upgrade of their streaming video services, subject to any modifications recommended by Village Counsel; and BE IT FURTHER RESOLVED, that the Mayor and Village Administrator are hereby authorized to execute and deliver any documents necessary and appropriate to accomplish the purposes of this resolution. Board of Trustees Meeting June 14, 2016 Page 14 Mr. Bradbury noted that the Village definitely needed this upgrade. It was hard to watch the streaming video. The new system is much better. On a motion made by Trustee Susan 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 Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 8) Considering the approval of the minutes for the meetings held on May 10 and May24, 2016. Alex Frank read the following resolution: RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON MAY 10 AND MAY 24, 2016. BE IT RESOLVED that the Village of Rye Brook Board of Trustees approves the minutes for the meetings held on May 10, 2016 and May 24, 2016. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the minuteswere 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 14, 2016 Page 15 ADMINISTRATOR'S REPORT: Alex Frank, Administrative Intern, gave a brief report for the Board. She thanked the Department of Public Works for their Work at the Rye Brook Birthday Party, which was a success. She noted the dates that the Village is holding movies in the park, starting on June 24th. Summer event flyers are available for residents who are interested. Mayor Rosenberg noted this years' Birthday Party was the best yet. It was a great event. Mayor Rosenberg called for members of the public wishing to address the Board. There being no one, he noted that the next Regular Meetings of the Board of Trustees were June 28, 2016 and July 12, 2016, and called for a motion and a second to go into an Executive Session. On a motion and a second, the meeting was adjourned at 8:55 p.m. and the Board left the Board room to go back to an Executive Session. 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 14, 2016 Page 16