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HomeMy WebLinkAbout2017-03-15 - Board of Trustees Meeting Minutes MINUTES 0, Board of Trustees Meeting ``iu u. Village Hall, 938 King Street Wednesday, March 15, 2017 BOARD PRESENT: Trustee Susan R. Epstein Trustee David M. Heiser Trustee Jason A. Klein Trustee Jeffery B. Rednick Mayor Paul S. Rosenberg BOARD ABSENT: STAFF PRESENT: 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 1 6:30 P.M. -EXECUTIVE SESSION: a) Rye Brook Firefighter Arbitration b) Fire Service Agreement with Port Chester 2 7:30 P.M. -REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 REPORT/PRESENTATIONS: a) Review of the Village of Rye Brook FY 2015-16 Audit by the Village's Auditors. Mr. Cosgrove addressed the Board. He advised them that they had issued an unmodified opinion given to the Village n May of 2015 --but there was an emphasis of matter due to two county prononcements - gatsy 68 and gasby 71 Page 1 of 10 Board of Trustees March 15, 2017 but their opinion remains unchanged and an unmodified opinion is the best you can get. Leslie walked us thru the General Fund - 1,2 million in excess revenue Chris explained that includes $626,000 for the hotel tax - that is the Pfizer portion or a deferred revenue - it is ultimately added into the fund balance for the next year. Leslie continued- total expenditures were 17.6 which was a large savings compared to what was budgeted. 7.6 million dollar fund balance at end of year which is a little higher than normal and very healthy. John Cosgrove and Leslie Tillotson from the audit firm O'Connor Davies, LLP will be discussing the Village of Rye Brook audit for the fiscal year ending May 31, 2016. The audit consists of the following two documents: 1) Village of Rye Brook Financial Statements &Supplementary Information (FYEnded May 31, 2016) (often referred to as the "Financial Statements'). This document is added to the Village web site as well. (see link above) 2) Village of Rye Brook Communication of Internal Control Matters Identified in the Audit to Those Charged with Governance and Management. (FYEnded May 31, 2016). (often referred to as the `Management Letter') As stated on the cover page of the Management letter to the Village Board, "This communication and addenda are intended solely for the information and use of Village Administrator, Village Board and management and are not intended to be and should not be used by anyone other than these specified parties". (see link below) CARRIED. 5 PUBLIC HEARINGS: 6 RESOLUTIONS: a) Setting a public hearing on proposed Local Law regarding the commercial storage and display of firearms, ammunition, and explosives. Page 2 of 10 Board of Trustees March 15, 2017 Mr. Bradbury read the resolution: This is a very important local law in his opinion - we are getting ahead of what could be a difficult situation if someone was looking to open a gun store here. This proposed local law will regulate where they could be located. We are respecting the 2nd amendment and not saying they cannot open a store......just where in Rye Brook. David- the law goes beyond simply where a shop can be located but also includes conditions under which shop can operate. Mayor ask Mrs. Gray if the Village was able to regulate signage Mrs. Gray- would have to make sure you are content neutral - regulate signage for this type of shop they way you would other shops. Paul- if there was a gun design in the logo - could we reject Jen- it is a provision of the local law that says no firearms will be stored exhibited or displayed in windows of the premisis - question is is that just relating to the firearm itself or im ages of it as well - she would have to look at it. If it is legally permissible to do that - Mayor would like to amend the local law to include that . Recommendation: It is recommended that the Village Board consider setting the public hearing. Background: This item first came before the Village Board at the meeting on Decmeber 13, 2016, at which the draft legislation was referred to the Planning Board. A report and recommendation was established at the Planning Board meeting on February 23, 2017 (see attached). The Village Board cannot establish a total ban on the ale offirearms, but can establish appropriate parameters where such stores can be located. The proposed local law restricts such stores to locations in the various Village shopping centers (Rye Ridge Shopping Center, Rye Ridge South, and Washington Park). The proposed local law also sets parameters that such store should be a minimum distance from any school or church. (PCMS & Corpus Christi in these cases). It is recommended that the Village consider a location that is approximately 400- 500 feet from the property line of any school. This distance would have to be inserted into the proposed local law. Maps of these areas are included in the confidential agenda packet for general reference, but please note that the actual measurement would be from the nearest property line to the store. CARRIED. Page 3 of 10 Board of Trustees March 15, 2017 For Against Susan Epstein (Moved By) x David Heiser x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 5 0 b) Considering a referral to the Planning Board for a proposed local law rezoning Village and Town Parks as Ree Zones. Mr. Bradbury read the resolution: Chris explained this developed out of our comprehensive plan. In 2014 the comp plan made a recommendation that the village designate certain parcels of that are owned by village or town as municipal parks or open spaces and considering things such as the rec overlay zone. As a result of the comp plan - we authorized Marilyn Timpone-Mohamed of fp clark to provide a overview of a report on the implementation of this item as well as other parcels in the village to preserve some of the open space qualities in the Village. We have already started making some changes to the definition of parkland and now the next step is to look at our municipal parks and create legislation that's consistent with the comp plan and preserve those spaces for the future. Background: The Village's 2014 Comprehensive Plan (Chapter 4.5) recommends that the Village Board consider designating Village and Town designated municipal parks and open spaces in an open space/recreation zone to preserve these open space assets. In addition to this legislation involving municipal properties, the Village Board also authorized Keane and Beane and Frederick P Clark to prepare proposed open space and/or park legislation for the private properties at the Blind Brook Club and at Doral Arrowwood (another Comprehensive Plan recommendation and also the subject of a March 4,2016 report from FPC discussed by the Village Board at their March 8, 2016 regular meeting). This other proposed legislation is anticipated in the next month or so. Recommendation: The draft legislation should be referred to the Planning Board for a report and recommendation. A courtesy copy of the proposed legislation has also been sent to the Town of Rye since the legislation includes Page 4 of 10 Board of Trustees March 15, 2017 Crawford Park(currently zoned R-12). CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein (Seconded By) x Jeffrey Rednick x Paul Rosenberg x 5 0 d) Considering a request for use of Village Streets by the Port Chester Rye Union Free School District. Mr. Bradbury read the resolution: This is about awareness - the communication we received is to make people more aware about the vote on the bond referendum. Recommendation:It is recommended that the Village Board consider approving the request. On March 3, 2017, Joe Durney, Assistant Superintendent of PCSD and Edward Kliszus, Superintendent of the PCSD submitted a request for a rally/bonfire event sponsored by the school district to encourage people to vote on the proposed bond referendum on March 28, 2017. The event involving Village streets will take place on March 23, 2017 at 6:30PMand entails the band parading in the streets surrounding Port Chester High School as mentioned in the attached request. CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein (Seconded By) x Jeffrey Rednick x Paul Rosenberg x Page 5 of 10 Board of Trustees March 15, 2017 5 0 e) Considering a proposed Local Law regarding Nonconforming Setbacks. Chris read the resolution: - Paul asked Marilyn to give background Mrs. Timpone-Mohamed explained that the Planning Board has noticed over a time that there are certain applications where a homeowner is going to put a second story on a building and that building has a non conforming either side or front setback. The Building Inspector interprets the addition of the second floor to be an expansion of an existing non-conforming so the homeowner will have to go to zoning to get a variance and the Planning Board has felt that is onerous for the homeowner in the sense that if the building conforms to the height set back ratios that that in itself is a curb on the bulk of the building. So it is not a self created need for the variance but one that is based on the existing location. Discussion Paul thinks it is a good idea to refer it to the ZBA for a Report and Recommendation because they may know things we don't. Jeff- add legally non conforming Change resolution to refer to zoning- susan and Jason all ayes Background: Following Planning Board deliberations on site plan applications involving nonconforming setbacks over the years, its members recently decided to recommend a change in the Village Code. The code modification is recommended to the Village Board under Section 250-14(A) of the Village Code which states that "The Village Board may from time to time on its own motion, on petition or on recommendation of the Planning Board amend, supplement or repeal the regulations and provisions of this chapter in the manner provided by Village Law." This code modification is meant to address the following scenarios: Under the current Village Code if a residential home has a pre-existing nonconforming front or rear yard setback (i.e. does not meet code) and then makes a site plan application to expand their home either horizontally or vertically (without increasing the nonconforming setback), the property owner also needs a Page 6 of 10 Board of Trustees March 15, 2017 variance from the ZBA. For instance, if a home is 10 feet from a property line and the owner applies to add a second story, a variance would be needed. The code modification recommendation from the Planning Board is to eliminate the need for a variance in these instances where the horizontal or vertical change does not increase the setback and the application still meets other criteria in the code (i.e. height-setback ratios, etc.). Recommendation: While the Village Code allows the Village Board to set a public hearing on this legislative change, the Administrator and Building Inspector recommend that the Village Board first seek a report and recommendation on this matter from the Zoning Board of Appeals since these are applications that would currently be referred to them. CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein (Seconded By) x Jeffrey Rednick x Paul Rosenberg x 5 0 f) Considering bid 17-01, Investigation of Village Sanitary Sewers. Background&Recommendation: As discussed extensively in recent years, the Village is required to reduce the amount of inflow and infiltration in its sanitary sewer system. Potential sources of inflow and infiltration include broken pipes, manhole repairs, illegal private connections, and old combined sewer/water systems that need to be identified and separated. This matter is also the subject of litigation from Save the Sound and potential enforcement by Westchester County and the NYSDEC in the sound shore municipalities. Village counsel, municipal engineers/engineering consultants, administrators/managers & elected officials have been involved in ongoing efforts to address these issues. The Village has already completed a Capacity, Management, Operations & Maintenance (CMOM)plan and a Sanitary Sewer Evaluation Survey (SSES) report. The two (2) bids being considered today are part of the SSES report and are needed to perform the engineering work to investigate and identify problem areas and develop projects or enforcement areas with the goal of reducing inflow and infiltration in the sanitary sewer system. The work will involve investigation in areas previously identified as being potential 'problem" areas and include work such as flow monitoring, smoke testing (affecting private homes), tv &video inspection of pipes, and identifying manhole and other infrastructure issues to be addressed. The capital projects that will result from these investigations are typically very costly (typically a few hundred Page 7of10 Board of Trustees March 15, 2017 thousand to several million dollars depending on the results). CARRIED. g) Considering bid 17-02, Sanitary Sewer Flow Monitoring. Background&Recommendation: As discussed extensively in recent years, the Village is required to reduce the amount of inflow and infiltration in its sanitary sewer system. Potential sources of inflow and infiltration include broken pipes, manhole repairs, illegal private connections, and old combined sewer/water systems that need to be identified and separated. This matter is also the subject of litigation from Save the Sound and potential enforcement by Westchester County and the NYSDEC in the sound shore municipalities. Village counsel, municipal engineers/engineering consultants, administrators/managers & elected o icials have been involved in ongoing efforts to address these issues. The Village has already completed a Capacity, Management, Operations & Maintenance (CMOM)plan and a Sanitary Sewer Evaluation Survey (SSES) report. The two (2) bids being considered today are part of the SSES report and are needed to perform the engineering work to investigate and identify problem areas and develop projects or enforcement areas with the goal of reducing inflow and infiltration in the sanitary sewer system. The work will involve investigation in areas previously identified as being potential 'problem" areas and include work such as flow monitoring, smoke testing (affecting private homes), tv &video inspection of pipes, and identifying manhole and other infrastructure issues to be addressed. The capital projects that will result from these investigations are typically very costly (typically a few hundred thousand to several million dollars depending on the results). THE VILLAGE STAFF AND DOLPH ROTELD ENGINEERING ARE REVIEWING THE BID RESPONSES AND CHECKING REFERENCES. ONCE FINAL, THE RESOL UTION AND RECOMMENDATIONS WILL BE POSTED. CARRIED. h) Considering the adoption of New York State Retirement and Social Society Law 341-J regarding benefits for Firefighters. Background&Recommendation: The agreement with the Rye Brook Firefighters and the Village requires that the Village participate in Section 341(J) option of the NYS Police and Fire Retirement System. This is an old benefit in the contract but apparently the Rye Brook Village Board never approved a resolution adopting this benefit which is a requirement. Since no one is currently enrolled in this program, there is no cost for this benefit, but if Page 8 of 10 Board of Trustees March 15, 2017 an eligible FF did enroll and retired with less than 20 years of service, there would be a cost of approximately 2% of the final reported salary. Since this benefit is already established in the union agreement, there really is no choice but to add this option and file it with NYS. CARRIED. i) Considering rescheduling the April 11, 2017 Village Board meeting to April 12, 2017. Recommendation: Due to Passover overlapping with the meeting on April 11 th, holiday scheduling may prevent from a quorum. It is recommended that the Village Board should consider rescheduling the meeting. CARRIED. j) Considering the approval of the minutes from the meeting held on February 28, 2017. Recommendation: The Village Board should consider approving the minutes. CARRIED. 7 ADMINISTRATOR'S REPORT: 8 OLD BUSINESS: 9 NEW BUSINESS: 10 DISCUSSION ITEM: 11 UNFINISHED BUSINESS 12 ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS a) March 28, 2017 and April 12, 2017 Page 9 of 10 Board of Trustees March 15, 2017 CAO Mayor Page 10 of 10