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HomeMy WebLinkAbout2011-08-17 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET WEDNESDAY, AUGUST 17, 2011-7:30 P.M. 7:00 P.M. –Executive Session–Personnel and Legal Matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 228 of the Village Code regarding the hotel occupancy tax RESOLUTIONS: (1) Considering a proposed local law amending Chapter 228 of the Village Code regarding the hotel occupancy tax (2) Considering the appointment of a police officer (3) Considering a license agreement with the owners of 64 Rock Ridge Drive (4) Considering an easement agreement with the owner of 2 Bell Place (5) Considering the award of contract 411-01: Rye Hills Park Drainage Improvements (6) Considering a contract agreement between the Village of Rye Brook and Rye Brook Police Association, Inc. (7) Considering an agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission (8) Considering the use of village streets by Wedding Productions, Inc. to park trailers for use in filming a movie 1 of 12 ADMINISTRATOR'S REPORT: OLD BUSINESS: NEW BUSINESS: Sunflower seed ban at the Rye Brook Athletic Fields DISCUSSION ITEMS: BOARD: Trustee Michael S. Brown Trustee Toby S. Marrow Trustee Paul S. Rosenberg Mayor Joan L. Feinstein EXCUSED: Trustee Jeffrey B. Rednick STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Nick Ward Willis, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Feinstein welcomed everyone to tonight's meeting and noted that the Village Board meeting would be back to a regular agenda and meeting nights in September. PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 228 of the Village Code regarding the hotel occupancy tax On a motion made by Trustee Rosenberg and seconded by Trustee Marrow the Public Hearing was opened and Mr. Burke called the roll: 2of12 TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Ryan Villarreal, a reporter for Main Street Connect, asked if this proposed amendment actually implements the hotel occupancy tax. Mayor Feinstein responded that the home rule request had been submitted many many times and last year they were finally successful in getting it signed into law. The hotel occupancy tax has been in effect since November, 2010 and continues to levy at 3%. This proposed amendment is minor and technical in nature. There being no further comments or questions, on a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the Public Hearing was closed and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mr. Christopher Bradbury, Village Clerk, read the resolution: CONSIDERING A PROPOSED LOCAL LAW AMENDING CHAPTER 228 OF THE VILLAGE CODE REGARDING THE HOTEL OCCUPANCY TAX WHEREAS, on August 17, 2011 the Board of Trustees opened a public hearing on the subject local law and at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law and the public hearing was closed on August 17, 2011. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the local law amending Chapter 228 of the Village Code regarding the hotel occupancy tax. 3 of 12 On a motion made by Trustee Brown and seconded by Trustee Rosenberg, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE RESOLUTION (2) Considering the appointment of a police officer Mr. Bradbury read the resolution: CONSIDERING THE APPOINTMENT OF A POLICE OFFICER RESOLVED, that Aaron C. Weiss of 32 Sheldon Drive, Poughkeepsie, New York, is hereby appointed to the position of Police Officer with the Village of Rye Brook, subject to the Civil Service procedures of the State of New York including passing a medical exam and approval by the Westchester County Department of Human Resources; and be it FURTHER RESOLVED, that the annual salary is $46,922 with an effective start date to be determined. Mayor Feinstein explained there were two openings in the Police Department and after holding interviews, this gentleman was recommended for the position. Mr. Bradbury added that Mr. Weiss comes highly recommended holding a position as a dispatcher in Wappinger, belongs to the National Guard and was deployed in Iraq. He is a graduate of Duchess Community College and a very nice person. He will attend a future meeting to meet the board. On a motion made by Trustee Brown and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 4of12 (3) Considering a license agreement with the owners of 64 Rock Ridge Drive Mr. Bradbury read the resolution: CONSIDERING A LICENSE AGREEMENT WITH THE OWNERS OF 64 ROCK RIDGE DRIVE WHEREAS, Steven and Traci Erenfryd, the owners of 64 Rock Ridge Drive, desire to enter into a license agreement with the Village of Rye Brook in order to maintain in their present location the portion of their pool patio and fence encroaching on village property; and WHEREAS, the Village Board believes said encroachment is diminutive in nature. NOW THEREFORE BE IT RESOLVED, the Village Board of Trustees hereby grants a license agreement with Steven and Traci Erenfryd, the owners of 64 Rock Ridge Drive, to maintain in their present location the portion of their pool patio and fence encroaching on village property; and be it FURTHER RESOLVED, the Mayor is hereby authorized to sign and deliver any and all necessary documents to accomplish the purpose of this resolution. Mr. Bradbury gave a brief overview explaining that there is a fence on this property encroaching on Village property that had to be moved. The pool and patio were built by a prior owner but they had a Certificate of Occupancy issued by the Village. Moving forward, we found out that the pool and patio were on Village property and the Certificate of Occupancy was revoked and the owner was advised to move it or enter into a license agreement. After going to court and subsequent discussions, they went before the Zoning Board of Appeals to consider zoning variances for set backs on their property. It is up to the Board to now consider the license agreement to allow the fence and concrete patio to stay about 1.8 feet onto village property. Mayor Feinstein added that prior boards have been very vigilant about encroachments and how it all came to light was a survey that we received in 2008 in conjunction with the detention basin. Trustee Rosenberg wanted it noted that while this homeowner wasn't the one who built the pool, they did build the fence. At that point it was right on the end of the concrete patio and at that time we did not know about the encroachments. What is encroaching at this time is the fence which is 1.8 feet encroaching into village property as well as the pool decking. 5of12 Mr. Dean Santon of Hillandale Road addressed the Board stating that having dealt with encroachments as a former Trustee he has also watched different Mayors and administrations deal with them. There have been residents who have gone through expense and effort to comply and do the right thing but the current owner here does not have clean hands in regard to the fence and in his opinion, the Zoning Board from a procedural stand point had no right to deal with encroachments and forcing this board to approve a license agreement that allows the resident to continue encroaching. The Zoning Board has no authority over third party property—it is beyond their jurisdiction. The remedy is to remove the encroachments —this is a fence—it's not a built in pool. The two surveys are substantially similar and the point is the fence was totally correctable. More then half of the fence in question is in the middle of the lawn area, there is no hardship here and he does not believe this should tie up the Village with a license agreement. He has no sympathy for this resident when other residents have done the right thing and spent the money to fix the issues. This is no different than other residents who have to legalize problems on their property and by approving this license agreement he believes the Board is setting a precedent for future applicants. He Also had an issue with a letter written by the Village Attorney to the Zoning Board basically stating that the Board would be approving the license agreement. He believes this is a policy issue and a parity issue and hopes they will take another look at this. Mayor Feinstein added that she will continue to be vigilant against encroachments. Trustee Brown wanted to clarify that we have in the past offered license agreements but they were refused and he wanted to clarify that. We are being consistent to some degree in having this solution as opposed to potential litigation. Under the license agreement the village can take back the property at any time if it becomes necessary. On a motion made by Trustee Marrow and seconded by Trustee Brown, Mr. Burke called the roll and the resolution was adopted: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 6of12 (4) Considering an easement agreement with the owner of 2 Bell Place CONSIDERING A EASEMENT AGREEMENT WITH THE OWNER OF 2 BELL PLACE WHEREAS, the Village of Rye Brook desires to install a storm drainage main in Rye Hills park through the property at 2 Bell Place to alleviate flooding problems in the park and surrounding area; and WHEREAS, an easement agreement is needed with a property owner to bring the storm water from Rye Hills Park to the municipal storm sewer on Bell Place. NOW THEREFORE BE IT RESOLVED, the Village Board of Trustees hereby grants an easement agreement with Ronald B. Szczypkowski, the owner of 2 Bell Place for the installation of a storm drain main; and be it FURTHER RESOLVED, the Mayor is hereby authorized to sign and deliver any and all necessary documents to accomplish the purpose of this resolution. Mr. Bradbury explained that this has been a flooding problem for many years which had been bid out once before but came back very costly. By going through this property, it is a much shorter distance to get the drain into the storm system. On a motion made by Trustee Marrow and seconded by Trustee Brown, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE 5) Considering the award of contract#11-01: Rye Hills Park Drainage Improvements CONSIDERING THE AWARD OF CONTRACT 11-01: "RYE HILLS PARK DRAINAGE IMPROVEMENTS" 7of12 WHEREAS, the Village of Rye Brook has solicited bids for Contract 11-01: "Rye Hills Park Drainage Improvements;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on Friday, July 15, 2011; and WHEREAS, at 10:00 a.m., Tuesday, August 2, 2011, all bids received were opened as summarized below: BIDDER BID AMOUNT BID BOND 1. Landi Contracting Inc. $80,152.00 Yes 2. Ascape Landscaping $92,050.00 Yes 3. Abbott&Price, Inc. $92,062.00 Yes 4. Joken Development Corp. $92,318.00 Yes 5. Acocella Contracting $97,074.00 Yes 6. ELQ Industries $ 103,400.00 Yes 7. NAC Industries $ 124,130.00 Yes 8. Petrillo Contracting $ 135,000.00 Yes 9. Fourmen Construction $ 174,135.00 Yes WHEREAS, upon reviewing the bid, the Acting Village Engineer and Village Administrator determined the lowest responsible bidder meeting the requirements of the contract document is Landi Contracting Inc. for the total bid price of$80,152.00. NOW, THEREFORE, BE IT RESOLVED, that contract 11-01: "Rye Hills Park Drainage Improvements;" is hereby awarded to Landi Contracting Inc. for the total bid price of$80,152.00 to be paid from the Recreation Trust Account; and be it FURTHER RESOLVED, that $5,152 is hereby transferred from Recreation Trust to the Capital Projects Account in addition to the $75,000 originally budgeted for this project; and be it. FURTHER RESOLVED that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. 8of12 On a motion made by Trustee Brown and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE (6) Considering a contract agreement between the Village of Rye Brook and Rye Brook Police Association, Inc. CONSIDERING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF RYE BROOK AND THE RYE BROOK POLICE ASSOCIATION, INC. WHEREAS, the most recent collective bargaining agreement between the Village of Rye Brook and the Rye Brook Police Association, Inc. expired on May 31, 2011; and WHEREAS, a Stipulation of Agreement has been agreed upon by the two parties for the period June 1, 2011 through May 31, 2014. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby enters into a collective bargaining agreement between the Village of Rye Brook and the Rye Brook Police Association, Inc. for the period of June 1, 2011 through May 31, 2014, based upon the terms and conditions set forth in the Stipulation of Agreement signed on August 8th by the Rye Brook Police Association, Inc. and August 12th by the Village of Rye Brook and ratified by the Rye Brook Police Association Inc. members; and it is FURTHER RESOLVED, that the Mayor and the Village Administrator are authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury have a brief overview of the 3 year agreement which includes creating contributions for health insurance for all active members of the Police Department and creates a standard for comp time. 9of12 On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE MAYOR FEINSTEIN AYE Mayor Feinstein thanked Mr. Bradbury and Attorney Craig Benson for their hard work and diligence on this contract as well as the police union noting that cooperation on all parts was able to get this done quickly and efficiently. (7) Considering an agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission CONSDERING AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE SHARED FINE REVENUE OF THE TAXI AND LIMOUSINE COMMISSION WHEREAS, the Village of Rye Brook Police Chief desires to enter into an Agreement with Westchester County for the shared fine revenue of the Taxi and Limousine Commission. NOW, THEREFORE BE IT RESOLVED, that the Mayor, Administrator and Police Chief are hereby authorized to execute and deliver all documents necessary or appropriate for the execution of the agreement with Westchester County Taxi and Limousine Commission. Mr. Bradbury explained that the County has offered this proposal to the Village which includes our Police Department performing enforcement in regard to taxi and limousine matters and we would in return receive 25% of the fines that we issue. On a motion made by Trustee Rosenberg and seconded by Trustee Marrow, the resolution was adopted and Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE MARROW AYE TRUSTEE REDNICK ABSENT TRUSTEE ROSENBERG AYE 10 of 12 MAYOR FEINSTEIN AYE (8) Considering the use of village streets by Wedding Productions, Inc. to park trailers for use in filming a movie Withdrawn ADMINISTRATOR'S REPORT Aquarion water is doing work in Greenwich replacing water mains. The school has been notified and advance notice signs are going up on King Street. Rye Town Dissolution study is progressing very well with the public awareness meeting set for Saturday, September 10th at Port Chester Senior Center. There is a website set up with a lot of information which will be updated continually. The basketball and tennis courts at Garibaldi Park are being re-done and should be completed by 8/29 with alternate sites available. Drainage projects are ongoing in house. The Highway workers and Mike Nowak are doing a great job expediting the areas in question. West Ridge is done and they are now concentrating on Lincoln and Sunset which is especially difficult because of the high pressure gas lines in that area. These have been long standing issues caused by ground water and causing icing conditions during the winter. DISCUSSION ITEM Mr. Bradbury advised that this discussion does not require Board action but it was brought to the Board's attention. Trustee Rosenberg advised that he and Trustee Rednick witnessed coaches continually chewing sunflower seeds and spitting them out onto the turf at the Rye Brook Athletic Fields. He believes it is not only inappropriate but those chewed up seeds will just sit there. He feels that our Parks workers should not have to clean it up and he has asked the Recreation Council to review and they responded that they believe we should prohibit any shelled nuts from the fields. While people may think the issue is silly, he believes it is important and we should move forward on the recommendation. Mayor Feinstein asked what rules we are talking about and she also asked if the coaches had been spoken to in regard to this concern. Trustee Brown responded that Robert Bertolacci was addressing the issue with the coaches and that the Recreation Council felt that they wanted the blessing of the Village. If they are setting a policy not to allow the seeds they want everyone to be in agreement. 11 of 12 Mr. Bradbury added that it seems sunflower seeds have become the new chewing tobacco and if the Board is supportive we can take care of it administratively. Mayor Feinstein feels that if the Rec Council believes it is important then we should support it. Mr. Bradbury also received a request that we contact the state to have the vines removed from the sound barrier walls as you exit the Hutch onto Ridge Street. Mayor Feinstein responded that we could try but she does not believe we will get a response and thanked the Environmental Council for their input and that it was worth an attempt. Dean Santon of Hillandale Road addressed the Board wanting to bring to their attention a story in the Westmore News from last week with a picture of the Arbors shed on the front page. He uses that story to lead into his issue—the Building Inspector knowing and aware that there is an open permit, and he understands the Board wanted to give the Arbors a chance to deal with the issues, but this is ongoing. He said the Arbors is basically ignoring the Village's request to resolve the issues at hand. He feels they are making it clear that they do not intend to deal with the open permit and he believes it's time to have the Building Inspector deal with them as he would with anyone else. Mr. Ryan Villarreal asked what taxi companies are involved and Mr. Bradbury responded that it is anyone licensed through the County. There are no Taxi companies based in Rye Brook. Westchester County has asked us to partner with them to enforce. There being no further questions or comments, on a motion made by Trustee Rosenberg and seconded by Trustee Brown, the meeting was adjourned at 8:41pm. 12 of 12