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HomeMy WebLinkAbout2017-06-13 - Board of Trustees Meeting Minutes MINUTES 0, Board of Trustees Meeting ``iu u. Village Hall, 938 King Street Tuesday, June 13, 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 Negotiations with Port Chester. Executive session topic: The Village Board also added the topic of the challenge of the 2017 tentative tax assessment for the 938 King Street cell tower site as a topic for executive session. Executive session action: The Village Board unanimously authorized the Mayor and Village Administrator to file a Complaint on Real Pr'oper'ty Assessment for 2017 for the cell tower on municipal property located at 938 King Street, Rye Brook. Page 1 of 17 Board of Trustees June 13, 2017 2 7:30 P.M. -REGULAR MEETING: 3 PLEDGE OF ALLEGIANCE: 4 REPORT/PRESENTATIONS: 5 PUBLIC HEARINGS: a) Considering a proposed local law regarding establishment of a Parks and Recreation overlay district. 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 YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES Mayor Rosenberg explained that this piece of legislation has been discussed by the Planning Board and they have provided us with their Report and Recommendation. Mrs. Timpone-Mohamed added that this is legislation that was recommended by the Comprehensive Plan. The goal is to protect existing parkland and Village owned open space and includes Crawford Park as well. It is to protect them as recreation assets. Most of the parks are zoned residential and so this gives an opportunity to put them into a zone that removes the residential uses and adds park uses. There are 15 properties - 14 owned by Village and one owned by Town of Rye which would be Crawford Park. The only aspect of the original zoning that will remain is the dimensional requirements. Page 2 of 17 Board of Trustees June 13, 2017 Discussion Mayor Rosenberg has received comments from the Town of Rye as well as Port Chester's Planner. Bottom line is this will protect the Village of Rye Brook and make sure that the parks remain parks -including Crawford and while he appreciates Supervisor Zuckerman's concerns - this Board does not know what might come down the road from future Board and this is protection for us. Trustee Klein- great step - in favor of keeping the open space. Trustee Rednick- dog park will be included when complete On a motion made by Trustee Klein and seconded by Trustee Rednick, the Public Hearing was closed when Ms. Frank called the roll: TRUSTEE EPSTEIN YES TRUSTEE HEISER YES TRUSTEE KLEIN YES TRUSTEE REDNICK YES MAYOR ROSENBERG YES 6 RESOLUTIONS: a) Considering a proposed local law regarding establishment of a Parks and Recreation overlay district. Mr. Bradbury read the resolution: RESOLUTION APPROVING LOCAL LAWS AMENDING CHAPTER 250 OF THE VILLAGE CODE AND THE ZONING MAP, RESPECTIVELY, TO ESTABLISH AND MAP A PARKS AND RECREATION OVERLAY DISTRICT Page 3 of 17 Board of Trustees June 13, 2017 WHEREAS, the Village of Rye Brook Board of Trustees desires to establish and map a Parks and Recreation Overlay District (PROD) in the Village for the purpose of, among other things,protecting and preserving its natural resources, other natural features and public parks within the Village, providing community centers and recreational services and programs for the public, and protecting and preserving scenic beauty, open space and community resources whose retention aids in the continued maintenance of the quality of the environment,protection of water quality and flood control; and WHEREAS, on March 14, 2017 local laws were introduced to amend Chapter 250 of the Code of the Village of Rye Brook to establish a PROD zoning district and to amend the Zoning Map to apply that district to several parcels owned by the Village of Rye Brook and the Town of Rye; and WHEREAS,pursuant to the State Environmental Quality Review Act (SEQRA) the proposed action is a Type I Action; and WHEREAS, on March 14, 2017 the proposed local laws were referred to the Village of Rye Brook Planning Board for recommendation thereon pursuant to Chapter 250 of the Village Code; and WHEREAS, the Board of Trustees is in receipt of the Planning Board's Report and Recommendation dated May 11, 2017; and WHEREAS, on May 31, 2017 the Notice of Public Hearing along with the proposed local laws were sent to adjacent municipalities and school districts including the Town of Greenwich, CT, Town/Village of Harrison, Village of Port Chester, City of Rye, Town of Rye, Blind Brook-Rye Union Free School District, Harrison Central School District and the Port Chester-Rye Union Free School District; and WHEREAS, the Village is in receipt of comments from the Westchester County Planning Board resulting from the referral of the local laws pursuant to N.Y. General Municipal Law §§239-1, in and n, as well as Section 277.61 of the County Administrative Code; and WHEREAS, on June 13, 2017, 2017, the Board of Trustees opened a duly noticed public hearing at Village Hall to consider the proposed local law, at which time all persons interested were given an opportunity to be heard and Page 4 of 17 Board of Trustees June 13, 2017 the public hearing was closed on June 13, 2017. NOW, THEREFORE, BE IT RESOLVED, that in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the EAF and all other materials that were prepared for this action, the Board of Trustees of the Village of Rye Brook hereby determines that there will be no significant adverse environmental impacts resulting from this application and adopts the annexed Negative Declaration. BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby adopts the above-mentioned local laws amending Chapter 250 of the Village Code to create a new Parks and Recreation Overlay District and amending the Village Zoning Map to designate the parcels identified in the local law within the newly established PROD district. For Against Susan Epstein (Seconded By) x David Heiser x Jason Klein x Jeffrey Rednick(Moved By) x Paul Rosenberg x 5 0 b) Considering the removal of two (2) significant trees at 10 Latonia Road. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING A REQUEST FOR THE REMOVAL OF TWO (2) SIGNIFICANT TREES AT 10 LATONIA ROAD WHEREAS, the property owner of 10 Latonia Road has submitted a tree removal application to the Village of Rye Brook; and WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no Significant Tree over 36" DBH shall be removed without the approval Page 5 of 17 Board of Trustees June 13, 2017 of the Village Board of Trustees; and WHEREAS, said trees are considered Significant Trees. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby approves the Tree Removal Permit application made by the property owner of 10 Latonia Road for the removal of the following: One (1) Oak Tree approximately 36"in diameter DBH One (1)Norway Maple Tree approximately 36"in diameter DBH AND BE IT FURTHER RESOLVED, the property owner of 10 Latonia Road shall replant three (4) 2-2.5" trees as required by code in consultation with the Village Superintendent of Public Works. Mayor Rosenberg stated that based on the recommendation of Mr. Nowak, there really seems to be nothing to discuss. Mike Nowak showed the Board on the screens a picture of the home as it exists and the locations of the trees in question. One tree is extremely close to the house - the applicant will be removing the house and putting up a new one and this tree will hinder that. He also showed the Maple in the backyard which is in an elevated planting bed - the root zone is impacted all around and cannot spread out what will eventually happen there is potential for this tree to topple over easily. The upper crown has damage as well from storms. It is also in the path of the proposed excavation. For Against Susan Epstein (Moved By) x David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick x Paul Rosenberg x 5 0 Page 6 of 17 Board of Trustees June 13, 2017 C) Considering the authorization of a Master Facilities and Equipment Exchange Inter-municipal Agreement with the Town of Rye. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF A MASTER FACILITIES AND EQUIPMENT EXCHANGE AGREEMENT WITH THE TOWN OF RYE WHEREAS, the Village of Rye Brook and the Town of Rye have a long history of sharing services to improve local government efficiency; and WHEREAS, both parties desire to gain additional efficiencies and increase the opportunities to share equipment and facilities on an individual bases when such needs arise by having in place an existing Inter-municipal Agreement (IMA) that would establish a Master Facilities and Equipment Exchange Agreement which would allow the Chief of Staff/Confidential Secretary of the Town of Rye and the Rye Brook Village Administrator to share equipment without the need for a separate IMA each time the need for such shared equipment arises; and WHEREAS, the purpose of this IMA would be provide opportunities for greater efficiencies of operations and potential cost savings by allowing both parties to borrow equipment and use facilities in a more timely manner while still providing the appropriate protections to both parties as a result of the use of such shared services; and WHEREAS, an IMA has been prepared by both parties that accomplishes these goals. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to sign an Inter- municipal Agreement (IMA) that would establish a Master Facilities and Equipment Exchange Agreement between the Village of Rye Brook and the Page 7of17 Board of Trustees June 13, 2017 Town of Rye for the purpose of sharing equipment and facilities to gain greater efficiencies and cost savings; and BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Rye Brook hereby authorizes the Village Administrator to work with the Chief of Staff/Confidential Secretary of the Town to request or provide such equipment under the terms of the IMA. This resolution and the next one as well are exactly the same except for one being the Town and one being Rye Town Park. We use Crawford Park for our camp and for the Birthday party as well. This agreement allows us to share facilities and equipment - taking care of issues such as insurance and an agreement backing it up. Mayor Rosenberg would like the camp and the birthday specifically mentioned in the agreement to avoid any problems in the future. Mr. Bradbury explained this agreement would not cover that and if the Board would like that- they can do a separate agreement to cover those issues. Discussion 5 minute recess After the recess, the agreements stood as written. For Against Susan Epstein x David Heiser x Jason Klein (Moved By) x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 5 0 d) Considering the authorization of a Master Facilities and Equipment Exchange Inter-municipal Agreement with the Rye Town Parks Commission. Page 8 of 17 Board of Trustees June 13, 2017 Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF A MASTER FACILITIES AND EQUIPMENT EXCHANGE AGREEMENT WITH THE RYE TOWN PARKS COMMISSION WHEREAS, the Village of Rye Brook and the Rye Town Parks Commission have a long history of sharing services to improve local government efficiency; and WHEREAS, both parties desire to gain additional efficiencies and increase the opportunities to share equipment and facilities on an individual bases when such needs arise by having in place an existing Inter-municipal Agreement (IMA) that would establish a Master Facilities and Equipment Exchange Agreement which would allow the Secretary to the Rye Town Parks Commission and the Rye Brook Village Administrator to share equipment without the need for a separate IMA each time the need for such shared equipment arises; and WHEREAS, the purpose of this IMA would be provide opportunities for greater efficiencies of operations and potential cost savings by allowing both parties to borrow equipment and use facilities in a more timely manner while still providing the appropriate protections to both parties as a result of the use of such shared services; and WHEREAS, an IMA has been prepared by both parties that accomplishes these goals. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook hereby authorizes the Mayor to sign an Inter- municipal Agreement (IMA) that would establish a Master Facilities and Equipment Exchange Agreement between the Village of Rye Brook and the Page 9 of 17 Board of Trustees June 13, 2017 Rye Town Parks Commission for the purpose of sharing equipment and facilities to gain greater efficiencies and cost savings; and BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Rye Brook hereby authorizes the Village Administrator to work with the Secretary to the Rye Town Parks Commission to request or provide such equipment under the terms of the IMA. For Against Susan Epstein (Moved By) x David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick x Paul Rosenberg x 5 0 e) Considering 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 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 Page 10 of 17 Board of Trustees June 13, 2017 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 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. For Against Susan Epstein (Moved By) x David Heiser x Jason Klein x Jeffrey Rednick(Seconded By) x Paul Rosenberg x 5 0 f) Considering actuarial services regarding valuation of post-retirement welfare benefits. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING ACTUARIAL SERVICES REGARDING VALUATION OF POST-RETIREMENT WELFARE BENEFITS Page 11 of 17 Board of Trustees June 13, 2017 WHEREAS, the Village of Rye Brook is required to do an updated actuarial valuation of post-retirement welfare benefits every three years; and WHEREAS, the Village's last valuation of post-retirement welfare benefits was completed by USI Consulting Group in 2014 for a period ending May 31, 2017; and WHEREAS, the Village has received a proposal in the amount of $7,325.00 from USI Consulting Group for the completion of the updated valuation which will be effective through May 31, 2020, and includes the one- time cost of integration for new Government Accounting Standard 75. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the Mayor to sign an agreement with USI Consulting Group for the completion of an updated valuation of post- retirement welfare benefits with Government Accounting Standard 75 integration. Mr. Bradbury explained this is done every three years and is completed by a firm that specializes in evaluations. For Against David Heiser (Moved By) x Jason Klein (Seconded By) x Susan Epstein x Jeffrey Rednick x Paul Rosenberg x 5 0 g) Considering a transfer of funds for FY 2016-2017. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING FY 2016-17 BUDGET TRANSFERS AND AMENDMENTS Page 12 of 17 Board of Trustees June 13, 2017 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby approves the following budget transfers for FY 2016- 17: Budget transfer for highway design study ($17,500) balance and additional Phase II environmental testing ($25,000)for FY 2016-17.- Transfer 016-17:Transfer From Transfer To Amount 101-5182-402 101-9950-900 (Street Lighting) (Interfund Transfers) $42,500.00 Budget amendments for the highway design study project for FY 2016-17: 2014-15 2016-17 Change Account Authorized Budget Modified Budget 901-1640-001 Highway Design Study $50,000.00 $92,500.00 $42,500.00 901-5031-001 Interfund Transfers GOA- Highway Design Study $50,000.00 $92,500.00 $42,500.00 Budget transfer for additional tree service costs incurred in FY 2016-17: Transfer From Transfer To Amount Page 13 of 17 Board of Trustees June 13, 2017 101-5182-402 101-8650-458 (Street Lighting) (Shade Trees-Supp Srvcs) $35,000.00 Budget amendment to recognize the reimbursement from the Village of Port Chester for costs incurred for the Nederman exhaust system in the Rye Brook Firehouse in FY 2016-17: Account Chante 101-3410-441 (Fire Dept. Maintenance/Repairs) Increase $12,317.00 101-2710-000 (Refund for Prior Years Expenditures) Increase $12,317.00 Budget amendment to record a transfer of PEG grant funds received in prior years from undesignated fund balance to PEG capital project beginning in FY 2016-17: Account Chante 101-7000-599 (Appropriated Fund Balance) Increase $145,173.00 101-9950-900 (Interf ind Transfers) Increase $145,173.00 Budget amendment to establish a capital project for the use of'PEG funds in FY 2016-17: 2016-17 2016-17 Change Account Adopted Budget Modified BudLret 901-1680-202 (PEG Capital) $0.00 $145,173.00 $145,173.00 901-5031-202 (Interfund Transfer-PEG Capital) $0.00 $145,173.00 Page 14 of 17 Board of Trustees June 13, 2017 $145,173.00 Budget amendment to record PEG funds received in FY 2016-17: 2016-17 2016-17 Change Account Adopted Budget Modified BudLet 901-1680-202 (PEG Capital) $0.00 $10,950.00 $10,950.00 901-2770-202 (PEG Revenue) $0.00 $10,950.00 $10,950.00 Budget transfer for FY 2016-17 to pay the amount due as a result of a consent order and judgement for a tax certiorari settlement for 900 King Street ($77,603.25)plus the Village of Rye Brook's 113 share ($10,000.00) of the appraisal for 699 Westchester Avenue (i.e. Westchester Hilton) relating to the tax certiorari matter which has also been subject to a consent order and judgement: Transfer From Transfer To Amount 101-1990-424 101-1930-439 (Contingency) (Judgement& Claims) $80,000.00 For Against Susan Epstein (Moved By) x David Heiser (Seconded By) x Jason Klein x Jeffrey Rednick x Paul Rosenberg x Page 15 of 17 Board of Trustees June 13, 2017 5 0 h) Considering the approval of the minutes from the meeting held on May 23, 2017. Carried over to next meeting 7 ADMINISTRATOR'S REPORT: Rye Brook Birthday this Saturday- a lot of fun things planned-hoping for a great turnout- some new things some old things - everyone has been working very hard Thank you to Shari Melillo - 47 people donated for the blood drive for Carmella Swick - great event Movie night - Friday June 23rd— Storks Town of Rye - first installment of village tax mailed and is due June 30th 2017 Tentative assessments mailed as well Turf Fields closing on June 27th thru mid-August while we replace the Turf Thanks to Fred Seifert for all his hard work on updating the Board room - a lot we can see and a lot we can't-he has put a lot of time and effort into getting the room updated. Lastly- Mr. Bradbury wanted to recognize Mike Nowak for being named Westchester County Association of Municipal Public Officials Association 2017 person of the year - they will have a dinner for him-Mr. Nowak does a lot of work with other people in his field- sharing information and learning- nice to be recognized for his hard work and offered congratulations!! 8 OLD BUSINESS: 9 NEW BUSINESS: 10 DISCUSSION ITEM: a) Municipal Textile Recycling Program Page 16 of 17 Board of Trustees June 13, 2017 Trustee Klein explained that he is glad to finally be discussing this and asked Ms. Frank to explain to the Board and the Public what this program is about as she has done all the leg work and research. Ms. Frank explained that this is a program for a Municipal Textile Recycle bin. This program has been circulating around other communities - Rye and Mount Vernon have them in their parks and Tuckahoe has just acquired a bin as well. The PTA has just acquired a new bin after hearing about the program from our Sustainability Committee so that was good to hear. This is also a Rye Brook based company so they are diligent in picking up from the bins regularly. Any items can be donated - even worn items - they are brought to a factory that disburses them based on how worn they are - what can't be used as clothes are used for say furniture stuffing. The Village will get rental reimbursement for having the bin as well- we can either receive $100 per site per month or $200 per ton of clothing collected. Mayor Rosenberg thinks it is a great program and would prefer to have the bin here at Village Hall instead of in our parks. Mr. Nowak added that he would need numbers from the Company on what is collected because it counts toward our recycling. Ms. Frank will have an agreement prepared for the next Board meeting. 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 MEETING June 27, 2017 and July 11, 2017 Page 17 of 17