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HomeMy WebLinkAbout2017-04-25 - Board of Trustees Meeting Minutes 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted e4w MINUTES ,i c, V� ;a Board of Trustees Meeting Village Hall,938 King Street Tuesday, April 25, 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 Shari Melillo, Meeting Secretary 1 7:00 P.M. -EXECUTIVE SESSION: a) Fire Service Agreement with Port Chester b) Considering an amendment to the Compost Site Agreement 2 7:30 P.M. -REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 REPORT/PRESENTATIONS: 5 PUBLIC HEARINGS: a) Considering a proposed Local Law regarding the commercial storage and display of firearms, ammunition, and explosives. https://ryebrook.civicweb.net/document/11315 1/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted On a motion made by Trustee Epstein and seconded by Trustee Klein, the Public Hearing was opened when Ms. Frank called the roll: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE Mayor Rosenberg gave a brief background explaining that the Town of Harrison had a gun shop open up for business in their downtown shopping area. We wanted to be proactive and decided to determine where in the Village this type of business could locate. Allison Anderman of the Law Center to Prevent Gun Violence is here with us tonight and has been working with the Village in developing this Local Law. Ms. Anderman explained that the Law Center was formed in 1993 after a massacre at a law firm. They have had multiple requests from New York municipalities for help in developing the legislation. She is here tonight to support the proposed ordinance. Most gun dealers are law abiding but there are some who sell guns to criminals through illegal activity and back room deals. Gun dealers who fail to follow regulations pose a strong threat to safety. Rye Brook is not the first jurisdiction to zone gun dealers. Currently Rochester has legislation and Harrison has developed legislation as well. It is common sense to keep gun dealers away from where children congregate. This is a policy widely adopted in California where her firm is located. She believes it is courageous of Rye Brook to be willing to address this before it becomes a rear problem. Smart gun laws work!! Trustee Heiser- there are 2000 licensed gun dealers in the State of New York - how many is enough- do we have to have one in every municipality- why cant we ban gun shops completely -why cant we force them to go out of the Village - his perspective is no gun shops. Ms. Anderman responded that it is really unnecessary to do that- if you subject the gun store owners to reasonable regulations - that they don't subject the public to risk. If they are zoned appropriately they do not pose a significate risk to the public and therefore there is no purpose to ban them. Trustee Klein agrees that one of the key points is that it is conducting business safely and responsibly. Marty Malloy - President of the Westchester County Firearms Owners Association has prepared a short speech as he was not aware there was unlimited time to address the Board. He read his speech to the Board which included ammunition not being an explosive -how much of the proposed local law is in conflict with State and Federal law. He agrees there are dealers who may bend the law- however firearms are all serialized- if you are a https://ryebrook.civicweb.net/document/11315 2/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted New York State dealer when you receive the firearms you need to report it and when you sell it you need to report it. Federal and State authorities also do unannounced inspections. The entities the Village seeks to regulate are not part of the problem- if all the gun shops disappeared- the guns would still be able to be found and bought. In his opinion - this particular regulation as written is political opinion drafted into law. He also advised the Board that if this was adopted that his organization has attorneys and they are prepared to react. Mayor Rosenberg responded that he does not react well to threats and questioned why would anyone have a problem with us saying the gun shops should not be located near schools churches or children. Mayor Rosenberg also advised that the Village is removing the part of the legislation that says it can't front on a Main Street. The Village is not looking to ban gun shops or remove them from people who lawfully own them - we don't want them near where children congregate. Mr. Malloy believes Rye Brook would never allow a gun shop within the Village. He reiterated that gun shop owners are very tightly regulated. Mayor Rosenberg added that as a policy decision we are saying where we don't want it - if they want to open where it is allowed that is up to them - and we have nothing to do with a landlord not wanting to rent space to a gun shop. Discussion Trustee Heiser- distinguish between gun owners and gun shop dealers - there is a gun shop within 15 minutes of rye brook- seems to me that the focus is the second amendment rights of gun shop dealers. He disagrees -not just the gun shop dealers -but the residents that want to own them. This is a lawful commerce situation and a lawful commodity. Trustee Heiser would like to see that cigarettes and adult book stores never open in Rye Brook either. Mr. Beane, Village Attorney understands Mr. Malloy's position but this law does not regulate gun ownership - does not ban gun shops in Rye Brook but is all based on zoning which would require a special use permit which is pretty regular concept. This law does not ban gun ownership and dosent touch gun ownership - it regulates gun shops. This law as written is attempting to regulate and at the same time permit gun shops in commercial areas - not near schools or churches - it is not meant to ban. The Village believes this law will be legally defensible. He asked Mr. Malloy to let the Village know the provisions that he believes do not meet the 2nd amendment. He asked him to read the proposed law and invited him to come back as the Public Hearing will not be closed tonight. https://ryebrook.civicweb.net/document/11315 3/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted Mr. Bradbury added that there is one modification and that is that firearms be secured at the approval of the Police Chief and the Building/Fire Inspector Mayor Rosenberg called for a motion to adjourn the Public Hearing to May 23rd. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 5 0 6 RESOLUTIONS: a) Considering appointments to various boards, commissions and committees. It was explained after a brief recess that Mayor Rosenberg was not feeling well and has left the meeting and Deputy Mayor Rednick will step in for the remainder of the meeting. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING APPOINTMENTS TO VARIOUS BOARDS, COMMISSIONS AND COMMITTEES NOW THEREFORE BE IT RESOLVED, that Taylor Gutierrez of 47 Winding Wood Road is hereby appointed to the Advisory Council on Parks and Recreation for an unexpired term that shall expire on the first Monday of April 2018; and be it further RESOLVED, that Rick Buzin of 6 Mark Drive is hereby reappointed to the Advisory Council on Parks and Recreation for a term that shall expire on the first Monday of April 2019, and be it further RESOLVED, that Don Moscato of 5 Edgewood Drive is hereby reappointed to the Zoning Board of Appeals for a term that shall expire on the first Monday of April 2020, and be it further https://ryebrook.civicweb.net/document/11315 4/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted RESOLVED, that Gerald Appelbaum of 1 Country Ridge Drive is hereby reappointed to the Traffic Commission for a term that shall expire on the first Monday in April 2020, and be it further RESOLVED, that Peter Gottlieb of 15 Red Roof Drive is hereby reappointed to the Traffic Commission for a term that shall expire on the first Monday in April 2020. CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein (Seconded By) x Jeffrey Rednick x 4 0 d) Considering the adoption of the Village of Rye Brook 2017-2018 Annual Budget. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING ADOPTION OF THE VILLAGE OF RYE BROOK 2017-2018 ANNUAL BUDGET WHEREAS,the Village Administrator filed the Tentative Budget on March 20, 2017; and WHEREAS,the Board of Trustees held two budget work sessions on March 27 and April 3, 2017; and WHEREAS, the Board of Trustees held a public hearing on April 12, 2017 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 21, 2017 the Town of Rye adopted a resolution establishing base proportions of 72.166008 for homestead properties and 27.833992 for non-homestead properties for the purposes of the 2017-18 tax levy for the Village of Rye Brook; and WHEREAS, on February 28, 2017the Rye Brook Board of Trustees adopted a resolution concurring with the Town of Rye and establishing base proportions of 72.166008 for homestead properties and 27.833992 for non-homestead propertiesfor the purposes of the 2017-18 tax levy; and https://ryebrook.civicweb.net/document/11315 5/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted WHEREAS, the total taxable assessed value for Village tax purposes is $2,834,653,752and 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 $4.8471 and a non-homestead tax rate of $7.3232 per $1,000 of assessed valuation ($5.3506 tax rate blended overall); and WHEREAS, the Village Board authorizes the Receiver of Taxes to collect the property taxes necessary to raise the required $15,167,140 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: 2017-18 2017-18 Tentative Adopted Fund/Account/Modifications Budget Budget Expenditures.- 3120.170 xpenditures:3120.170 Police Dept- School Crossing Guards $72,000 $77,000 7140.199 Recreation Dept- Overtime/Vacation Pay $49,000 $44,200 7140.472 Recreation Dept- Ice Skating $7,500 $10,000 7410.469 Library- Contractual $520,323 $522,323 Revenues: Inspection Fees $700,000 $702,700 Sales Tax $1,350,000 $1,352,000 Fees: $500 + $100 Commercial Tent Re-inspection Fee per additional (every 30 days if not removed) n/a tent Total new Total new construction construction sf x $200 x sf x $225 x $15/$1,000 $15/$1,000 Building Permits—Fee B (+FeeA&C) (+FeeA&C) Tree Permit—Payment to Street Tree/Shade Tree Fund (per in lieu of required re-plantings) $135 $200 Special Permit Renewal n/a $400 https://ryebrook.civicweb.net/document/11315 6/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted 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, 2017; 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 $15,167,140 for general, capital, and special maintenance account funds, which based upon the Town of Rye tax roll of $2,834,653,752for 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$4.8471 and a non-homestead tax rate of$7.3232 per thousand of assessed valuation. Mayor Rosenberg thanked Mr. Bradbury saying that he did a phenomenal job - it is a tight budget and all the hard work kept the budget within the tax cap Trustee Rednick agrees - great job by Mr. Bradbury and his entire staff. Trustee Heiser thanked all the Departments - it was a team effort and they provided the data needed to get the job done. Mr. Bradbury agrees - it was a team effort from everyone including the Village Board - he thanked them for their support and guidance. CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 5 0 e) Considering the renewal of an agreement with the Blind Brook School District for an after school program. Mr. Bradbury read the resolution: https://ryebrook.civicweb.net/document/11315 7/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted RESOLUTION CONSIDERING THE RENWEAL OF AN AGREEMENT WITH THE BLIND BROOK SCHOOL DISTRICT FOR AN AFTER-SCHOOL RECREATION PROGRAM WHEREAS, the Village of Rye Brook first entered into an agreement 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, the Village of Rye Brook and Blind Brook School District wish to continue to provide this service for the 2017-2018 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 2017-2018 school year; and be it FURTHER RESOLVED, that the Mayor and Administrator are authorized to sign any documents necessary to accomplish the purposes of this resolution. Trustee Klein thanked the Village staff for suggesting this program and the school board for agreeing to join up with us-program is a huge success. CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein (Seconded By) x Jeffrey Rednick x 4 0 f) Considering a transfer of funds for a settlement concerning a consent order and judgment for a property at 699 Westchester Avenue. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A TRANSFER OF FUNDS AS A RESULT OF A CONSENT ORDER AND JUDGEMENT FOR A PROPERTY AT 699 https://ryebrook.civicweb.net/document/11315 8/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted WESTCHESTER AVENUE WHEREAS, the Village of Rye Brook has received a Consent Order and Judgement as a result of a settlement of the matter between MK LCP Rye, LLC (the "Westchester Hilton") v. Assessor, Town of Rye, of a challenge of tax assessments fixed by the Town of Rye for the assessment years 2011 through 2016 for the property located at 699 Westchester Avenue; and WHEREAS, as a result of this Consent Order and Judgement, the Village of Rye Brook is required to pay a refund of prior taxes paid by the owner of 699 Westchester Avenue, totaling $184,964.03. NOW THEREFORE BE IT RESOLVED, that Village Board hereby authorizes the following budget transfer and the payment of the required refund in accordance with the Consent Order and Judgement for 699 Westchester Avenue: FROM: TO: AMOUNT: Unreserved Fund Balance Judgments and Claims $184,964.03 101.7960.339 101.1930.439 This covers 6 years - the settlement includes total payment. CARRIED. For Against Susan Epstein x David Heiser (Seconded By) x Jason Klein (Moved By) x Jeffrey Rednick x 4 0 g) Considering adding Beechwood Circle to the inventory of roadways owned and maintained by the Village of Rye Brook. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING ADDING BEECHWOOD CIRCLE TO THE INVENTORY OF ROADWAYS OWNED AND MAINTAINED BY THE VILLAGE OF RYE BROOK WHEREAS, the New York State Department of Transportations (NYSDOT) is preforming a comprehensive review of all roadways and their lengths provided in the Local Highway Inventory; and https://ryebrook.civicweb.net/document/11315 9/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted WHEREAS, Beechwood Circle, consisting of 0.14 miles, was identified by NYSDOT as an existing local road that is not claimed in the Local Highway Inventory; and WHEREAS, the Village of Rye Brook has owned, repaired and maintained Beechwood Circle for many years. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of Trustees for the purpose of correcting and updating the Local Highway Inventory maintained by NYSDOT confirms that the Village of Rye Brook accepts all legal, maintenance and repair responsibility for the traffic circle known as Beechwood Circle beginning and ending at Beechwood Boulevard for a total length of 0.14 miles. BE IT FURTHER RESOLVED,that the Village Administrator and the Village Engineer/Superintendent of Public Works of the Village of Rye Brook are hereby authorized to transmit a certified copy of this Resolution to the appropriate bureau and individual at the NYSDOT and to take such other acts consistent with this Resolution as may be necessary. It was explained that New York State has changed how they record local inventory on how many streets we have. When they did re-mapping they realized this was not included- the mileage around the circle will now be included in the new mapping system which means increased revenue for the Village. We maintain the road- it is deeded to the Village - has no affect on the residents that live there Trustee Epstein thanked former Trustee Dean Santon on the letter he sent regarding this subject and for paying attention to this and asked for an explanation of what he was discussing in his letter. Mr. Bradbury explained that we don't have a Beechwood Rotary- we do have frontage on the circle that are all associated with the streets that come into the circle. If the Board wanted to dedicate it as a different road and change addresses - we could-but its working fine the way it is. Emergency services knows where to go - for this purpose it is important to get the revenue for maintaining the roads. CARRIED. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein (Seconded By) x Jeffrey Rednick x 4 0 https://ryebrook.civicweb.net/document/11315 10/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted h) Considering the approval of the minutes for the meeting held on March 15, 2017 and March 28, 2017. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE APPROVAL OF THE MINUTES FOR THE MEETINGS HELD ON MARCH 15, 2017 AND MARCH 28, 2017 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees approves the minutes for the meetings held on March 15 2017 and March 28, 2017. CARRIED. For Against Susan Epstein (Moved By) x David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick x 4 0 7 ADMINISTRATOR'S REPORT: Arbor Day is Friday at Harkness Park at 9am. These ceremonies are important because of our tree city status. Highway staff is planting street trees throughout the Village -by next week should all be planted. 8 OLD BUSINESS: 9 NEW BUSINESS: 10 DISCUSSION ITEM: https://ryebrook.civicweb.net/document/11315 11/12 3/27/2018 Board of Trustees-25 Apr 2017 @ 7:30PM-Minutes-Adopted Will hold discussion items over to next meeting so that Mayor Rosenberg can be present for the discussion. a) Proposed Local Law amending Chapter 250 of the Village Code regarding Nonconforming Setbacks. b) Municipal Textile Recycling Program 11 UNFINISHED BUSINESS 12 ADJOURNMENT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS May 9, 2017 and May 23, 2017 https://ryebrook.civicweb.net/document/11315 12/12