NEW POSTS
Note to readers: I very much appreciate the feedback I receive from time to time on this newsletter.  

Please let me know if there is any question or topic you’d like me to cover. 

Just send me an e-mail at supervisor@bedfordny.gov or call me at
666-6530.  Thanks for reading.  



Upcoming at the April 2 Town Board Meeting

Town of Bedford to Be Recognized for Fulfilling Gold Pledge – Zero Emission Vehicles


The New York League of Conservation Voters and Sustainable Westchester will be recognizing the Town of Bedford for being the first municipality in Westchester County to fulfill the League’s and Sustainable Westchester’s Gold Pledge challenge to integrate Zero Emission Vehicles into the Town’s municipal fleet. The Gold Pledge, made in October 2017, was to purchase ZEVs for 10% or more of new light-duty fleet purchases and leases by the end of 2020 and to revisit this level annually to consider adopting a higher purchasing commitment. The Town’s recent purchase of two 2019 Nissan Leafs enabled the Town to meet the Gold Pledge challenge. 

The Town purchased an all-electric Chevy Bolt last year through piggybacking a NYC contract.  This year the two 2019 all electric Nissan LEAFs were purchased under special pricing arranged through Ron Kamen of Sustainable Westchester, Comptroller Abraham Zambrano and Nissan of New Rochelle. In addition to significantly reduced prices (lower than the County contract with Nissan), we will benefit from New York State Department of Environmental Conservation incentives to municipalities in the form of a grant of $5,000 per vehicle.  We received DEC notification of a $5,000 grant award for the Bolt which we purchased last year. In addition Nissan USA will provide at no charge a charging station for installation at the parking lot to the Town’s offices at 425 Cherry Street.  The economics are quite attractive both for purchase and low maintenance costs, and we can accomplish the goals with slightly more than funds on hand
 
To overuse that phrase “Win-Win”, it truly is, with low purchase prices, low operating costs, protecting the air we breathe and reducing our carbon footprint.  



Town’s Wireless Facilities Working Group Moves Ahead 

The advisory committee appointed by the Town Board earlier this year will be presenting a request that the Town Board authorize the issuance of a Request for Proposal for consultancy services to evaluate wireless communications needs of the Town, wireless facilities to meet such needs and where such facilities might be installed with the least impact on our residential neighborhoods.   We need expert advice from the Town’s own disinterested, objective and accurate consultant.  

The consultant also would serve the Planning Board in its review of the proposed cell tower on Hickory Lane and the proposed cell tower either at Petre Glass at 29 Haines Road or by the Town’s offices at 425 Cherry Street. 



Public Hearing on Proposed Permit Requirements
for Live Music & DJs

Carrying over from the March 19 Town Board meeting, the Board will hold a public hearing at 7:50 PM ( my apologies for erroneously stating 6:50 PM in last week’s newsletter) on a proposal which would require a permit (no fee would be charged) for live music (two or more instruments) or DJs for any tavern or restaurant in a non-residential zone. The proposal was developed with our Police Department, Code Enforcement personnel, Town Clerk and Town attorneys, Keane & Beane in concert with the amendments to the noise law adopted at the March 19 meeting (see below).
 
The proposal is to fill a gap in the Town’s law in light of the recent determinations of the T own attorneys that the Town may not apply the Town’s Cabaret Law to regulate live music in restaurants or taverns. A cabaret permit had been issued to the former Katonah Bar & Grill.  

Since the Town no longer would have any permitting mechanism to evaluate potential impacts of such activities, the proposed law is intended to fill the gap.
 
In describing her role should the law be adopted, Town Clerk Boo Fumagalli explained at the March 19 public hearing that she would be able to seek the input of the Police Department and Code Enforcement Officer on applications for live music in developing any conditions for the issuance of the permit.  The restaurant or tavern could appeal to the Town Board any decision with which it disagrees.
 
The proposed law would be limited to taverns or restaurants in non- residential zones for two or more instruments. Those developing the law felt that applying the law to other entities would be an overreach and unnecessary.
 
There was some sentiment expressed on the Town Board that with the revisions in the noise law (see below), the proposed permitting is not needed, because enforcement is far simpler and would be more effective.  

As such, the Board did not take action on the proposal so as to allow further public comment and Town Board consideration at Tuesday’s public hearing.




OTHER NEWS AND POSTS

April 1 Plastic and Paper Bag Fee Goes Into Effect

Please be sure to put reusable bags into your car the next time you go shopping.   Avoid the 10c fee for single use plastic or paper bags that goes into effect on April 1.  We don’t want you to pay a dime!



Post Script on the Hack Into Town’s Website

The good news: no one’s personal information was at risk and no damage was done to the Town’s website.  

As I mentioned last week, all financial transactions with the Town are handled by third party pay ment processors to which any one wishing to do business with the Town is digitally referred. No confidential data is stored on the digital files operating our website nor on the Town’s servers.

While our website security previously was quite good, we are making it more robust (at very modest additional expense). 



Further Update on Route 117

Working with the Village of Mount Kisco, we anticipate that Green Lane will be re-paved within two weeks.  Please refer to background below “ Update on Repaving Route 117”.



Bedford Fire District – Proposed Fire House
Vote on Referendum Set

As I mentioned previously, a number of Bedford Village residents have contacted me regarding the proposal of the Bedford Fire District to construct a new fire house off of South Brook Road and Old Post Road (a/k/a Route 22) in Bedford Village.  

At the outset I should explain that t he Town’s attorneys have determined that the Town has no approval authority over the proposed firehouse project because the Bedford Fire District is a local government entity under New Y ork law. 

The Bedford Fire District has posted a substantial amount of information regarding the proposed fire house which can be accessed at   www.bedfordfire.com . The New Fire House Committee invites the public to send questions regarding the project to NFC@bedfordfire.com or call (91 4) 205- 6341 which are both dedicated to the project.

Public Information Session
Wed. April 10
7:00pm
BV Fire House
34 Village Green Bedford Village


  The Bond Referendum
Tuesday April 30
6:00am-9:00pm
BV Fire House
34 Village Green Bedford Village




PRIOR POSTS OF CONTINUED RELEVANCE


Amendments to Noise Law Adopted

The Town Board held public hearings on proposed amendments to the Town Code which were developed with our Police Department, Code Enforcement personnel, Town Clerk and Town attorneys, Keane & Beane, to eliminate inconsistencies in sections of the Town Code relating to noise disturbance. There were actually three hearings, two of which deleted provisions in the Town Code and the third which adopted the new provisions.

In addition to intending to eliminate the inconsistencies, we also want the noise law to be fair and equitable. Based on decisions of the Town Justice Court, we need to clarify provisions pertaining to dog barking. The revisions in the included limitations on exemptions to the noise law.   

The following are key provisions of the amendments:

  • To address the inconsistencies, the proposed amendments eliminate the provisions which are difficult to enforce regarding unreasonable or excessive barking and what constitutes a noise violation, and has replaced them with revised provisions to define “Noise Disturbance” and identify specific activities that are prohibited and specific activities that are exempt from the noise regulations.

  • For enforcement purposes, it requires either sworn affidavits from two separate persons in two separate residences, direct observation by the enforcement officer or official, or that the noise level exceeds certain decibel levels as measured with a sound metering device.

  • The revisions continue to permit the use of a sound metering dev ice as an alternative method of enforcement and sets specific decibel levels that cannot be exceeded in residential and nonresidential zones during day time and nighttime hours. The provisions were simplified. 

  • The law identifies a number of noise making activities that are generally exempt from the noise regulations. However, there are limitations with respect to many of these exemptions. In addition, a general provision has been included that the exempt activities cannot exceed the National Institute for Occupational Safety and Health recommended exposure levels for occupational noise exposure.

Update on Repaving Route 117

Public Works Commissioner Kevin Winn and I met on Friday, March 22 with representatives of the New York State Department of Transportation, Consolidated Edison and the Village of Mount Kisco.  

By way of background, Consolidated Edison replaced a gas line along the length of Route 117 from the start of the business district in Bedford Hills south into Mount Kisco.  The replacement required digging up Route 117. The work was not completed in time for repaving last Fall leaving the road surface in poor condition.  The Village of Mount Kisco also had to replace water mains under Route 117.  As Route 117 is a New York State road, NYSDOT regulates the work on the road and specifies necessary restoration. NY SDOT has previously mandated, and Con Ed agreed to comply with, curb to curb restoration of the portion of 117 disturbed by Con Ed as part of two NY SDOT highway work permits.  I called the meeting to confirm the project scope and ensure that the project is undertaken as promptly as possible this Spring.  

The outcome of the meeting:

  • Con Edison confirmed that the restoration would be curb to curb (rather than only the southbound lane) running from Green Lane south to a bit short of Barker Street in Mt. Kisco

  • To minimize disruption to the businesses and those traveling Route 117 during the day, work would be carried out from 8 PM to 6 AM

  • The target dates are as follows, all dependent upon weather conditions and sufficiently high temperature to ensure proper curing:

-Curb replacement and restoration to commence by April 15
-Completion of curb replacement by April 30
-Repaving to commence first week of May
-Repaving completion by mid-May. 

With the objective of keeping on target, I have scheduled another meeting for late April with the representatives of Con Edison, NYSDOT and the Village of Mt. Kisco and their engineers.  

I will continue to keep the community apprised.  




DON'T BE A CRIME VICTIM
Lock Your Car

In the past week The Town of Bedford Police Department has seen a dramatic rise in complaints from residents of Katonah regarding larcenies from unlocked motor vehicles in their driveways during the overnight hours. We remind you to secure your vehicles and do not leave valuables in your car. Remember: “If you see something, say something.” The Bedford Police Department operates 24/7/365.

Please call 914-241-3111 immediately when you observe suspicious activity.
Vacancy on Traffic Safety Working Group
The Town Board is accepting applications for a vacancy on the Traffic Safety Working Group. 

In 2014 the Town Board established the Traffic Safety Working Group to advise the Town Board for the following purposes:

  • Promote and encourage street and highway traffic safety

  • Formulate street and highway safety programs and coordinate efforts of interested parties and agencies engaged in traffic safety education

  • Study traffic conditions on streets and highways, study and analyze reports of accidents and causes thereof, and recommend to the appropriate legislative bodies, departments or commissions such changes as deemed advisable in rules, orders, regulations and physical changes to the roadway, signage and other components of the roadway system

  • Conduct meetings on a regular basis and invite to such meetings parties and agencies, public and private, interested in traffic regulation, control and safety

  • Promote safety education for drivers, cyclists, and pedestrians

  • Obtain and assemble motor vehicle accident data, and analyze, study and consolidate such data to evaluate potential changes to the roadway system and for educational and informational purposes

  • Coordinate and  direct  local  activities  related to the implementation of the state highway safety program, as approved by the governor or his designee

  • Make reports/recommendations to the Town Board as necessary

  • Provide a sustained and systematic mechanism and clearing house for considering concerns about traffic safety
Vacancy on Tree Advisory Board

The Town Board is accepting applications for a vacancy on the Tree Advisory Board. The Tree Advisory Board was established for the purpose of advising the Enforcement Officer, Building Inspector, Planning Board, Wetlands Control Commission, Town Board, Highway Department, Recreation Department and other agencies and offices of the Town on matters relating to the preservation, planting and removal of trees.  

The Board advises the Town on the health of trees, helps develop tree planting plans and plans and participates in Arbor Day activities.  

It is a 9-member board, with each member appointed to a 5-year term. The Board usually meets the 4th Thursday of the month at 425 Cherry Street, 2nd Floor Conference Room, in Bedford Hills. For the entire text of the Tree Preservation Ordinance, please go to General Code, Chapter 112.  

If you are interested in serving, please e-mail your resume with a cover letter to supervisor@bedfordny.gov . You also may mail it to me at Supervisor, 321 Bedford Road, Bedford Hills, New York 10507.
REMINDER
FROM THE TAX ASSESSORS OFFICE:
2019 Exemption Filing Deadlines

For the 2019 Tentative Assessment Roll, the exemption filing deadline for all new or renewal exemption applications is May 1st 2019 .
Important Notice for Property Owners Age 65 and Over

  • New STAR requirements for 2019

  • To receive the Enhanced STAR exemption, you must enroll in the Income Verification Program (IVP). If you’re already enrolled in IVP, no action is needed

  • If you qualify for the Low Income Senior Citizens exemption, you will no longer automatically receive the Enhanced STAR exemption. You must apply for Enhanced STAR separately

For general information or questions on your existing exemptions, please contact the Town of Bedford Assessor’s office at (914)-666-5149 or email Assessor@bedfordny.gov

Additional information can be obtained at the New York State Department of Tax & Finance website at www.tax.ny.gov




Dirt Roads

From time to time especially during spring thaw, some residents ask me why we don’t pave our dirt roads. There also is the mistaken assumption that dirt roads are more expensive than paved roads. I’d like to share with you some considerations. 

  • The Town owns and maintains 33 miles of dirt roads, which are part of the Town's charm and rustic character. However, by their nature dirt roads provide a lesser level of service than a paved road

  • The annual cost of regular maintenance of dirt roads is higher than that for paved roads, however, this comparison does not consider the cost of paving. We now spend $1.3 million each year on paving approximately eight miles of the Town’s 97 miles of paved roads. When factoring in paving costs, the cost of our dirt roads and paved roads is about equal

  • The Town has a long standing policy to preserve and protect dirt roads as integral to the semirural character of Bedford.  This policy is carried in the Town’s Comprehensive Plan. “Strategy 8: Dirt Roads: It is the policy of the Town to avoid paving the existing dirt roads.”…  “These roads sustain Bedford’s rural character and serve as an effective traffic calming technique.”  It also is stated that the Town should “maintain dirt roads rather than pave them.”  
 
  • Many of the Town’s large estates which maintain horses front dirt roads. Dirt roads are gentler on horses’ feet than paved roads. Many horses do not have strong enough feet to withstand the pounding on hard roads. Paved roads can also aggravate hoof problems.  Converting dirt roads to paved roads might lead to the disappearance of the horse farms and subdivision of the properties

  • Even should the Town determine to change its policy, the cost of converting dirt roads to paved roads considerably exceeds the cost of our regular resurfacing of existing paved roads. Converting a road from dirt to asphalt would require drainage improvements and four to six inches of asphalt. In addition, regulations of the New York City Department of Environmental Protection would require that the Town secure a stormwater permit for paving more than one acre of dirt roads.  Meeting the stormwater permit requirements may entail installing catch basins, filtering mechanism and other drainage systems to attenuate the velocity and run-off from paved surfaces.
 
  • For these reasons, over the years the Town Board has not considered it appropriate to pave our dirt roads.

As noted in last week’s newsletter, we recognize that winter wreaks the greatest havoc on our roads. This is most evident with the spring thaw and with it mud season, which is most damaging to our dirt roads. It’s typically one of the most challenging seasons for our crews in maintaining the dirt roads.  The Town frequently maintains and inspects all our roads and the most in late winter and throughout the spring.

We will be working as promptly as we can to restore our roads to good condition – though of course, if we are hit with a late season snow storm, snow removal operations will take precedence to provide safe travel. 

While we ask that you be patient with us given the difficulty of the maintenance, we do encourage you to please bring to our attention potholes or other issues which you feel need attention.   Please call our Pothole Hotline at 666-7669 or feel free to contact me at 666-6530 or Supervisor@ bedfordny.gov.  

For potholes on the NYS roads traversing the Town (Routes 22, 117, 121, 137 and 172) please call NYS’s pothole line at 1-800-POTHOLE. 

We appreciate your understanding and patience.
Proposed Cell Tower at Petre Glass or 425 Cherry Street
Process Following the Balloon Tests

As those following this newsletter are aware, Homeland Towers has proposed a cell tower at 21 Haines Road (Petre Glass) or in the alternative 425 Cherry Street.  One of the first steps in the process are balloon tests at the sites to assess visual impact of the tower.  The balloon tests were performed last Saturday, March 9: two at the potential locations at 425 Cherry Street - one right by the town building at the north end and the second at the south end of the property at the end of the parking lot and the third was at 21 Haines Road.

I spent a couple of hours on Saturday morning driving around to assess view impacts which are different for all three potential sites.  I’d like to mention a few points for the understandably anxious and highly concerned residents who may be affected. 

  • Federal law – the Federal Communication Act and orders of the Federal Communications Commission (FCC) leave very little authority to municipalities in their review of applications for wireless facilities.  If the applicant proves that there is a deficiency in cell service and that the site which is proposed is the least obtrusive, then the municipality is hard pressed not to approve the application. The extent of the authority then is limited to “site plan review” such as the design, screening, tweaking location and similar matters

  • Planning Board members provided instructions to Homeland Towers on the balloon tests, location of photographs to attempt to capture the visual impact

  • Homeland Towers had engaged a professional photographer with experience and training in taking the photographs

  •  The next steps (and the FCC has recently expanded what constitutes a need) There also are trade-off

If on town property, we have more control of the tower site and the tower operation than if on a private site.  Although the Town would receive rental income from town property, the Town Board is far more interested in minimizing impact than in getting revenue.

With a tower on Town property we'd get a berth for police department and other emergency communications equipment at the top of the tower. Then again, there are folks who will see a tower at 425 but won't see it at Petre.

Folks who live on Haines (especially the condos at 51 Haines) will see Petre very nearby, but not the tower sites at 425.

The Town Board needs to balance the visual impacts, long term advantages to emergency services and impact on property owners.

  No decisions will be made any time soon. It will be months, not weeks.

Based on prior balloon tests, we had anticipated that it would take three months for Homeland Towers to submit its visual impact analysis to the Town. Homeland Towers president mentioned to me in a call earlier this week, however, that they may submit the visual analysis report to the Planning Board within three weeks.

The Town will engage an independent, dispassionate consultant to review all of Homeland’s submissions. 
 
Under federal law the Planning Board will need to act upon Homeland’s application within 120 twenty days (this period is referred to as the “shotclock”). The shotclock does not begin to run until the application is complete.  Without the visual impact analysis the application is incomplete. 

There will be ample opportunity for public input, including public hearings.

I would like to thank Sarah Sheeleigh Jeffers for initiating an excellent community conversation on the Katonah Parents Facebook Group regarding the balloon tests and Homeland Tower's proposal. I also thank those who are posing their questions and concerns. 

 Be assured that the Town Board and Planning Board is listening intently.  
REMINDER:

Leaf Blower Use Limitations

OFF SEASON LIMITATIONS FOR USE OF LEAF BLOWERS
GO INTO EFFECT MAY 15, 2019. 

 In accordance with the local law adopted by the Town Board on June 19, 2018 the use of gas-powered leaf blowers is prohibited on certain designated streets (link to hamlet zone list) in the Town's hamlets. In addition, town-wide hours of permitted use are set. These limitations are part of a wider initiative to promote cleaner, quieter methods of landscaping and property maintenance, while still enabling property owners to maintain their lawns and grounds well. The Town is also launching an education campaign for residents and landscapers about healthy yard practices, and collaborating with landscapers regarding electric equipment options.
This law is very much in keeping with emerging trends across Westchester and the country at large in response to the health and environmental benefits of reducing the pollution and noise caused by gas-powered blowers and leaf blowers in general. 
REMINDER:

Reusable Bag Law
Goes Into Effect on April 1
In the photo from left to right: Diane Pincus (RBTF), Rosemary Lee (RBTF), Ellen Calves (RBTF), Frank DeCicco (DeCicco’s), Maekinley Moise (Shoprite), Chris, Allison Chernow (RBTF), Debbie Murphy (KeyFoods), Filipine de Haan (RBTF), Michael King (DeCicco’s)
Choose Reusable!

Across the Nation and around the world, cities and towns are adopting measures to encourage behavior that conserves natural resources and reduces pollution. The Town of Bedford’s Reusable Bag law is designed to dissuade shoppers in our largest stores from using disposable paper and plastic bags by charging 10c for each starting April 1.  

We also wish to thank the grocery stores for the massive distribution of free bags – Shoprite over 6,200 and Key Foods and DeCiccos, over 1,000 each.  They have been working very closely with the Town in this ramp up period prior to April 1 to let their customers know of the new law. 

Thanks also go to the hard-working and enthusiastic Reusable Bag Task Force which is doing a superb job.

So we are getting the word out and are delighted with the community's positive response. So bring your reusable bags when you shop. We don’t want anyone to pay a dime.

 We’ve gotten questions about the program ranging from how to obtain more reusable bags, the 10c fee itself.   Please see our FAQs.
HeatSmart
Bedford-Lewisboro-Pound Ridge
Has Arrived!
Pictured above are members of the HeatSmart Team , representing Bedford 2020, Lewisboro Sustainability Committee, Pound Ridge Energy Action Committee with Bedford Town Supervisor Chris Burdick, Lewiboro Town Supervisor Peter Parsons, Pound Ridge Town Supervisor Kevin Hansan. 
On Wednesday night at the Bedford Playhouse, local sustainability groups kicked off HeatSmart Westchester, an opportunity to significantly reduce energy consumption, cut greenhouse gas emissions, and help homeowners not only reduce their energy bills, but also increase their year-round comfort and the value of their homes.

Call (914) 302-7300 ext 1. for assistance.  

Save the date for Pound Ridge's HeatSmart event on April 13th.

THE 2018 ANNUAL REPORT 
COMMUNITY NEWS

Recreation & Parks
SPRING BROCHURE

COMMUNITY EVENTS CALENDAR 


FOR THE TOWN CALENDAR  click  here

TO SIGN-UP FOR NIXLE ALERTS  click here
SAVE THE DATE!
Work Session – Sewer Project

The Town Board met with Ken Kohlbrenner with Woodard & Curran, the engineering consultants for the Town on the sewer project, Director of Planning Jeff Osterman and Public Works Commissioner Kevin Winn to discuss the sewer project. First, I provided an update on the status of the ex isting project, which we’re referring to as Phase I. As you know, the launch of the project hinges on the registration of the Intergov ernmental Agreement (IGA) between the Town and New Y ork City . The IGA is the source of $1 3.3 million in funding for the project, so it’s essential that it be in place. The registration process began in June of last y ear.

It’s a long process. At one point we thought it might be completed in January , but it has taken longer and likely will not be completed until late Spring/early Summer this y ear. Following registration of the IGA, we would go out to bid, however the Summer is the high season for bidding projects and so doesn’t place us in an ideal competitiv e env ironment. We also do not want to disrupt the business districts with construction in November or December.

As such, the anticipated project schedule now is as follows:

• Complete design, regulatory approval, and IGA - August 201 9
• Receive bids for Construction Work - November 201 9
• Start Construction - Spring 2020
• Complete Construction - Fall 2021


As we’ve discussed, given the lengthy process for implementation of the sewer project, last Fall we decided we should explore the next phase (Phase II) and beyond for sewers for Bedford Hills and Katonah. That led to a  Preliminary Engineering Report which Woodard & Curran prepared. Phase II centers o n Bedford Lake Apartments/Lakeside at Bedford off of Haines Road, because it is the last of the DEP upgrade sites. Our recent meeting with DEP was encouraging that DEP is quite interested in hav ing the Town proceed with an “alternative upgrade” connecting those apartments to the sewer system and providing the Town the funds it otherwise would have spent on a new wastewater treatment plant for the apartments and discounted to present
value cost of operation and maintenance of the plant.

The Woodard & Curran report made it clear that connecting to the County sewer district through Mt. Kisco was not only logistically difficult with multiple entities’ approval required, but also much more expensive than a modest
 expansion of the capacity of the capacity of the wastewater treatment plant
that the Departments of Corrections and Community Superv ision will convey to the Town.

We discussed options that the Town might consider for sewers, recognizing that there needs to be property owner support which ev entually would take the form of a v ote on a referendum based on costs to the owners (both the cost of connecting as well the annual sewer rent).

The Board asked staff to prepare a survey to property owners on certain residential streets with known septic issues or which may hav e septic issues arise.







Update on I-684

Earlier today I testified at a special State Senate hearing in White Plains on public transportation.  On February 8 I had also testified to present the resolutions of the Bedford Town Board urging the New York State legislature to provide funding for the repaving of the 1.5 mile portion of I-684 which runs through Katonah.  As so many are acutely aware, the Town of Bedford for over 20 years has beseeched the State to pave this short portion of roadway, the original concrete roadbed and the only portion of all of I-684 which has not been paved in fifty years when it first was constructed.   [Link to testimony]. 
           I urge you to keep up the calls, e-mails and letters to our representatives urging them to pave this dangerously deteriorated portion of the highway.  See below under “Special November 8 Town Board Work Session on I-684” for contact information and thank you for pressing to get this done.



February 26 Planning Board Meeting
Balloon Tests for Proposed Cell Tower

As I’ve mentioned previously, Homeland Towers, a cell tower developer whose customers include Verizon and AT&T, has proposed a cell tower at the Petre Glass property at 29 Haines Road or in the alternative at the Town’s nearby property at 425 Cherry Street.  

A tower at the Town’s property would eliminate the need for the one proposed at 29 Haines Road and the Police Department would be provided the highest on the tower for upgraded emergency wireless communications equipment for which it is in need. 

The Planning Board will review the application for the Petre Glass site, because it is on private property, and the Town Board will review the application for the 425 Cherry Street site. 

As those following cell tower proposals are aware, the Town has very limited authority regarding the siting of cell towers due to federal law pre-emptions (see discussion below).  The first step in a municipality’s consideration of the siting of a cell tower is to set balloon tests, a standard test which the Planning Board requires to help assess the suitability of particular sites. A balloon test is conducted by floating orange or red balloons that are at the height needed for the proposed cell tower. The test will give the community a perspective of the visual impact of the proposed tower.

On February 5, the Town Board, with the concurrence of the Planning Board, set the balloon tests for all three locations (one on the Petre site and two at 425 Cherry), for Saturday, March 2, 2019 with a rain/snow date of Sunday, March 3, 2019. 

The Planning Board will set the standards for the balloon tests at its February 26 meeting.

The meeting will be held at 8:00pm
The Conference Room-2nd Floor
425 Cherry Street Bedford Hills, NY 10507  

You are encouraged to attend and voice your comments regarding the balloon tests.

Please note that balloon tests regarding
Guard Hill have been canceled.



Federal Law Overrides Town Law

The Town of Bedford is governed by federal law. Federal Law overrides local law. In December 2018, the Town Board amended its local law on applications for large wireless facilities and small wireless facilities in order to take into account the Federal Communication Act and new rules and regulations of the Federal Communication Commission (FCC).

The FCC has ruled that it is a federal matter and not a local matter whether a particular cell tower is safe; that it does not emit radiation or that it does not pose a safety hazard.  

This is because the Federal Communications Act has determined that is a federal responsibility. Municipalities are preempted from denying a cell tower application due to health, safety and radiation reasons.

In other words, if a municipality wishes to deny an application for a cell tower, it may only due so on narrow land use concerns.  If the applicant establishes certain facts, including deficient service with no viable, less intrusive, alternative location, then the municipality has little choice in the matter. 

The new Town law also provides new tools to the Town to help protect residential areas of Town.  

A Community Solar Opportunity for
Bedford’s NYSEG Customers

I received an email recently regarding an invitation
to qualified Bedford residents:
 Dear Chris:

Bedford 2020 has been given the opportunity to identify a small group of households to participate in a community solar project. This opportunity is only for residents who do not already have rooftop solar and who live in NYSEG territory. If you are a NYSEG customer, you may qualify.
Community Solar brings the benefits of solar power to your home without your having to install solar panels on your roof or property. The panels are sited at another location in the community. In this case, the array is located on a local horse farm in North Salem and is big enough to provide power for about 15 households.
Bedford 2020 has been given the opportunity to identify a small group of households to participate in a community solar project. This opportunity is only for residents who do not already have rooftop solar and who live in NYSEG territory.

If you are a NYSEG customer, you may qualify. Community Solar brings the benefits of solar power to your home without your having to install solar panels on your roof or property. The panels are sited at another location in the community. In this case, the array is located on a local horse farm in North Salem and is big enough to provide power for about 15 households.

By participating, you will be supporting local, clean energy and seeing guaranteed savings on your electricity bill (of up to 5%) each and every month. You will also have the ability to cancel at any time with no penalty and no upfront costs. Signing up is as easy as uploading a utility bill and signing a short agreement. Click  here to sign up, or call Nick directly at PowerMarket: 203.247.809, or email him at nick@thepowermarket.com.
 
We are excited to offer Bedford 2020 supporters a chance to participate in this exciting renewable energy project. If you think you may qualify, please take action ASAP to find out more about this opportunity. Spots are limited!

-Bedford 2020
 
Meatless Mondays makes the news!

Ellen Calves of Bedford2020 sent me an email this week :

"The B2020 Meatless Monday campaign was written about on the Johns Hopkins Center for a Livable Future blog.

Read the article here: new-york-town-goes-meatless

It is a nice summary of our effort to engage people around climate action and a sustainable food choice that the town supported, along with a few photos. Perhaps other towns will read about our efforts and do the same!"


After Hours Rules for Commuter Lots

Town of Bedford Residents that do not have a commuter parking permit are allowed to park for free in the commuter lots Monday to through Thursday from 6:00 pm to 5:00 provided that they have a resident parking decal.

Parking is free on weekends to everyone starting on Fridays at 6:00 pm and on the following holidays: New Year's Day, Martin Luther King Day, President’s Day, Memorial Day, July Fourth, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day.


Beaver Dam Yard Waste and Compost Facility

The Town of Bedford Beaver Dam Compost Facility processes recyclable wood waste and leaves from the Town and provides beneficial reuse of the waste as compost and mulch. The facility provides an extremely cost effective method for this recycling as well as an environmental benefit of local recycling with minimal transportation requirements. It is open for residents to dispose of recyclable wood waste (logs and branches up to 6” diameter, brush, and leaves), as well as pick up wood mulch and leaf compost. This service is free to Town of Bedford residents between 7:30 AM and 3:00 PM Monday to Friday, excluding Town holidays.



IN CASE YOU MISSED IT:
Previous e-news issues

Much is repeated in each newsletter, but to reduce the length each week, here are the past few complete newsletters.












Previous
MONTHLY
Reports

In case you missed them, please refer to my most recent monthly reports:



A regular reader of this weekly newsletter asked why I repeat certain posts from week to week. I do so because not everyone reads my newsletter on a weekly basis, much information provided remains relevant and I wish to continue to alert the community about it. In response to the comment, however, you will see that I've divided the newsletter into two sections "New Posts" and "Continuing Posts". Both sections are relevant and, I believe, worthy of review.

I wish to thank readers for making suggestions and comments; over the years, I've not only changed format but added content based on them (for example, why the flags are flown at half-staff.