HomeMy WebLinkAbout2015-08-18 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY,AUGUST 18, 2015
Revised 08-18-2015
7:00 P.M.—EXECUTIVE SESSION: Personnel
7:30 P.M.—REGULAR MEETING:
PLEDGE OF ALLEGIANCE:
REPORT/PRESENTATIONS:
AFFORDABLE HOUSING:
1) Sketch Plan Review: Proposed Affordable Housing Development at 80
Bowman Avenue
PUBLIC HEARINGS:
RESOLUTIONS:
1) Approving a PUD Concept Plan and Zone Change in connection with an
application for PUD Concept Plan approval, a zone change and zoning text
amendment for construction of a residential development of 110 single-
family dwelling units on property at 1100 King Street
2) Considering a request for funding for the 2015 Columbus Day Celebration
3) Considering an amendment to the 2014/2015 Snow and Ice Agreement with
the New York State DOT
4) Considering setting a public hearing regarding a local law to amend Chapter
126 and adopt Chapter 127 of the Code of the Village of Rye Brook
governing firearms and fireworks for September 8, 2015
5) Considering authorizing the use of NJPA for the up fit of a new Freightliner
Dump Truck
6) Considering the approval of New York State DOT Adopt-A-Highway
Agreement
7) Considering budget modifications
8) Considering amending the Village Board Meeting schedule for September
9) Considering the approval of minutes from the meetings of June 23, 2015,
July 14, 2015 and July 28, 2015.
10)Considering a bid award for Contract 915-16: Purchase of a Forklift
I I)Added. Resolution waiving the filming hours restriction for a specific permit
application
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEMS
BOARD: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jason A. Klein
Trustee Jeffrey B. Rednick
Mayor Paul S. Rosenberg
VILLAGE STAFF: Christopher Bradbury, Village Administrator
Sarah Bledsoe, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Michel Nowak, Superintendent of Public Works
Fred Seifert, Public Access Coordinator/IT
After the Pledge of Allegiance, Mayor Rosenberg welcomed everyone to this month's
only Board meeting. He stated that the Board had just come from executive session
where they discussed non-union employee compensation and personnel matters.
Mayor Rosenberg called for the first item on the agenda:
AFFORDABLE HOUSING:
1.) Sketch Plan Review: Proposed Affordable Housing Development at 80
Bowman Avenue.
Mayor Rosenberg welcomed the Madonna's to the meeting and gave a brief overview of
the application. The Madonna's had previously submitted plans where included 16
market rate apartments with 2 retail stores. After working with the Board of Trustees, the
plan before us now is all affordable housing with no retail. This is an informal application
as the applicants look for feedback from the Board of Trustees.
Mrs. Madonna explained that the because of prior concerns, they have reduced the
building height by 5 feet. She showed the plan to the Board and public and after a brief
overview, Mrs. Timpone-Mohammed expressed her concern about the residents of
Barber Place having to look at such a large facade and believes that even with the 5 foot
reduction, the building are still too high. She suggested possibly making the upper
apartments smaller or give larger terraces on the 3rd floor.
Mayor Rosenberg added that they Board does not want the 3rd floor to be as visible from
street level and that pushing it back makes it appear to disappear.
Trustee Epstein inquired that since these are modular units, do they come in different
sizes? She is concerned and disappointed because in her opinion, the plan does not reflect
what the Board has asked them to do. She is concerned about height and the residents that
live on the street and what they must look at.
Mayor Rosenberg brought up the changed parking plan and in his opinion believes it
represents a better parking scenario and the removal of the retail stores eases any traffic
concerns.
Trustee Rednick asked how many apartments there were to which the Madonna's
responded 18 — 9 two bedroom and 9 1 bedroom and they may be able to add additional
studios and one bedrooms.
Mayor Rosenberg added that the County is thrilled with the sizes of the apartments—the
2 bedroom are approximately 1000 square feet. In regard to the parking, there are 33
parking spaces proposed— only 31 '/2 are required. 17 of the spaces are in the basement,
13 are in the back of the building and 3 are in the front.
Trustee Heiser added that the residents of Barber Place to not want to see a full 3 story
building and would like the Madonna's to encourage their architect to correct it.
Trustee Rednick is disappointed because in his opinion our Comprehensive Plan
recommends more mixed use for this area and we did away with that. He would also like
to see the building closer to the street which was also recommended in the
Comprehensive Plan. It was explained that they are unable to do that because of Fire
Department access.
Mayor Rosenberg would be happy if the top floor gets pushed back. Trustee Rednick
agrees.
Mr. Bradbury discussed procedure explaining that this is a rezoned parcel with a site plan
with a different design. The floating zone that this parcel is in has an expiration date and
he asked Jennifer Gray to explain how this will proceed.
Mrs. Gray stated that when it becomes a formal application, the Board of Trustees will
establish itself as lead agency. It will be referred to the county and back to the Planning
Board and then back to the Board of Trustees for ultimate action. The property as it sits
now is 5 lots which need to be merged. What is required is a new application for an
amended site plan, an application to extend the FAH and a subdivision application.
Mayor Rosenberg thanked the Madonna's and suggested that submit the required
information quickly and when they come back, hopefully all what was discussed tonight
will be in place and there will be no surprises.
RESOLUTIONS:
12)Approving a PUD Concept Plan and Zone Change in connection with an
application for PUD Concept Plan approval, a zone change and zoning
text amendment for construction of a residential development of 110
single-family dwelling units on property at 1100 King Street
Mr. Bradbury gave an overview explaining at the last meeting the Public Hearing was
held and a negative declaration was adopted. Tonight, adopting changes to the zoning
map and approval of the concept plan.
Mrs. Timpone-Mohammed described the process for this application and what would
happen after the site plan is approved. She explained that we are in Step 2 — a PUD Zone
requires a concept plan be approved plus the entire site is designed — open space — lots
and roads—amenities— 110 units semi attached—attached and detached.
Step 2 is actual site plan—grading— storm water etc. It is conceivable that the number of
units won't go up but down due to site plan review and how it gets developed. The Board
also has more control over the design.
Mrs. Gray added that the Board is looking at all aspects of the application and the next
step drills down and gets into the details with the details such as the landscape plan and
the lighting plan.
Mr. Bill Null from sun Homes addressed the Board and stated that the site has had storm
water review prior to this application and therefore will only require tweaks and small
minor changes. He is hoping to move forward so they can start addressing more refined
details.
Mayor Rosenberg asked Mr. Bradbury to read the resolution, procedurally should have
been done first:
RESOLUTION
APPROVING A PUD CONCEPT PLAN AND ZONE CHANGE IN
CONNECTION WITH AN APPLICATION FOR PUD CONCEPT PLAN
APPROVAL,A ZONE CHANGE AND ZONING TEXT AMENDMENT FOR
CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT OF 110 SINGLE-
FAMILY DWELLING UNITS ON PROPERTY AT 1100 KING STREET
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, Buckingham Partners/Sun Homes (the "Applicant") has submitted
an application (the "Application" or the "Proposed Action") to the Board of Trustees for
approval of a Planned Unit Development ("PUD") Concept Plan, zone change and zoning
text amendment in connection with the proposed construction of a residential
development of 110 single-family dwelling units on real property located at 1100 King
Street in the Village of Rye Brook; said property being further identified as Parcel
129.25-1-1 on the Town of Rye Tax Map (the "Parcel') and located directly behind the
Reckson Executive Park in the OB-1 Zoning District; and
WHEREAS, the aforementioned Parcel is the site of a prior site plan approval,
granted by resolution of the Board of Trustees, dated August 8, 2000, for the construction
of 280,000 square feet of office space, which is scheduled to expire on or about
December 14, 2015; and
WHEREAS, the instant Application, once approved, shall supersede, override
and negate any and all prior land use approvals with respect to the Parcel, including the
above-described site plan approval for 280,000 square feet of office space; and
WHEREAS, the instant Application for a 110 residential dwelling units
constitutes Phase I of a two-phase PUD approval process wherein PUD Concept Plan
approval and PUD zone change occur in Phase I and detailed subdivision and site plan
review and approval occur during Phase II; and
WHEREAS, the Board of Trustees and Village staff and consultants have
reviewed and considered the following plans and application materials in connection with
the proposed application:
1. Full Environmental Assessment Form Part 1 and EAF Mapper Summary
2. Traffic Impact Study by Maser Consulting, P.A., Hawthorne,N.Y., dated January 14,
2015
3. ALTA/ACSM Land Title Survey prepared by Joseph Link, Mahopac, N.Y., dated as
of January 26, 2015, signed February 9, 2015
4. Letter and Petition to the Mayor Rosenberg and the Board of Trustees prepared by
Cuddy and Feder, LLP, White Plains,N.Y. dated February 10, 2015
5. Memorandum to the Village Engineer and the Planning Board prepared by Dolph
Rotfeld Engineering , P.C., Tarrytown,N.Y. dated March 3, 2015
6. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., dated March 9, 2015
7. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., dated March 31, 2015
8. Letter to the Chairman and Planning Board prepared by Cuddy and Feder, LLP,
White Plains,N.Y. dated May 7, 2015
9. School Aged Children, Sun Homes, Rye Brook prepared by Divney, Tung,
Schwalbe, LLP, White Plains,N.Y. no date
10. Revised Rendered Illustrative Plan, Affordable Home Plans and Elevations,
illustrative plan prepared by Divney, Tung, Schwalbe , LLP, White Plains,N.Y., no
date
11. Rendered Illustrative Plan, Home Plans and Elevations, illustrative plan prepared by
Divney, Tung, Schwalbe , LLP, White Plains,N.Y.,no date
12. Memorandum and Revised Traffic Impact Study, prepared by Maser Consulting,
P.A., Hawthorne, N.Y. dated April 15, 2015
13. Letter to Chairman and Planning Board prepared by Cuddy & Feder, LLP, White
Plains,N.Y., dated May 7, 2015
14. Rye Brook Emergency Service Task Force Review Memorandum to William Null,
Esq. prepared by the Rye Brook Building and Fire Inspector, dated May 7, 2015
15. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., dated May 13, 2015
16. Memorandum to the Village Engineer, Chairman and Planning Board prepared by
Dolph Rotfeld Engineering, P.C., Tarrytown,N.Y., dated May 14, 2015
17. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., dated May 19, 2015
18. Memorandum to Planning Board and Village Planning Consultant prepared by Maser
Consulting, P.A., Hawthorne,N.Y., dated May 26, 2015
19. Letter to Chairman and Planning Board prepared by Cuddy and Feder, LLP, White
Plains, N.Y., dated May 27, 2015
20. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., dated May 29, 2015
21. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., date June 1, 2015
22. Report and Recommendation to the Board of Trustees prepared by the Rye Brook
Planning Board dated June 11, 2015
23. Memorandum to the Chairman and Planning Board prepared by F.P. Clark
Associates, Inc., dated June 16, 2015
24. Letter to Mayor and Board of Trustees prepared by Cuddy & Feder, LLP, White
Plains, N.Y., dated June 23, 2015
25. Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser
Consulting P.A., dated June 23, 2015
26. Letter to Mayor and Board of Trustees prepared by Cuddy& Feder, LLP, White
Plains, N.Y., dated July 14, 2015
27. Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser
Consulting P.A., dated July 13, 2015
28. Memorandum to Mayor Rosenberg, the Board of Trustees and Administrator Chris
Bradbury prepared by Michael Nowak, Village Engineer and Superintendent of
Public Works, dated July 27, 2015;
29. Memorandum to the Board of Trustees prepared by F.P. Clark Associates, Inc., dated
July 27, 2015;
30. Letter to F.P. Clark Associates prepared by the Commissioner of the Westchester
County Planning Board, dated July 28, 2015; and
31. Engineer's Plans, prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y.:
Sheet Number Sheet Title Date
SP-0.1 Illustrative Plan Undated
SP-1.0 Conceptual Site Plan 02/09/15, revised 5/7/15,
5/13/15, 5/27/15
SP-2.0 Conceptual Grading &Utility Plan 02/09/15, revised 5/13/15
No Number Misc. site cross-sections and Undated, revised 5/13/15,
floor plans 5/27/15
and
WHEREAS, on February 24, 2015, the Board of Trustees adopted a resolution
(1) declaring the Proposed Action to be an Unlisted Action for purposes of the New York
State Environmental Quality Review Act (SEQRA) (2) directing circulation of a Notice
of Intent to declare itself Lead Agency for purposes of a coordinated review; and (3)
referring the Application to the Rye Brook Planning Board for review and a Report and
Recommendation thereon in accordance with Section 250-7.E.(4)(a)[4] of the Village
Code; and
WHEREAS, a Notice of Intent giving notice of the Board of Trustees' intent to
declare itself Lead Agency on the Application was duly circulated to all Involved
Agencies on March 30, 2015; and
WHEREAS, no challenge or objection to the Board of Trustees' Notice of Intent
was received within the 30-day period prescribed under SEQRA and said time for
challenge or objection thereto has now expired; and
WHEREAS, the Board of Trustees conducted a joint site visit with the Planning
Board at the Applicant's completed residential housing development in Darien,
Connecticut on April 25, 2015; and
WHEREAS, the Rye Brook Emergency Services Task Force reviewed the instant
Application and, thereafter, issued its comments and recommendations to the Applicant
by memorandum dated May 7, 2015; and
WHEREAS, on June 11, 2015, the Planning Board approved submission of a
Report and Recommendation to the Board of Trustees containing a favorable
recommendation with respect to the Application; and
WHEREAS, the Board of Trustees adopted a resolution dated June 23, 2015,
declaring itself to be Lead Agency for purposes of a coordinated review pursuant to
SEQRA and, further, setting a public hearing on the Application for July 28, 2015; and
WHEREAS, on July 9, 2015, the Application was referred to the Westchester
County Planning Board, the Town of Harrison, New York and the Town of Greenwich,
Connecticut in accordance with Sections 239-m and 239-nn of the General Municipal
Law and the Westchester County Code; and
WHEREAS, on July 28, 2015 the Board of Trustees received comments from the
Westchester County Planning Board and reviewed them at their July 28, 2015 public
meeting; and
WHEREAS, a duly advertised public hearing was opened on July 28, 2015, at
which time all those wishing to be heard on the Application were given such opportunity;
and
WHEREAS, on July 28, 2015, the Board of Trustees reviewed Parts 2 and 3 to
the Full Environmental Assessment Form, which Parts 2 and 3 were prepared by the
Board of Trustees Planning Consultant, F.P. Clark Associates, Inc.; and
WHEREAS, the Board of Trustees separately undertook and considered each of
environmental issues identified in the Full Environmental Assessment Form, Parts 1, 2
and 3; and
WHEREAS, the public hearing was then closed on July 28, 2015; and
WHEREAS, the Board of Trustees adopted a resolution, dated July 28, 2015,
which (i) adopted a Negative Declaration, pursuant to SEQRA, in connection with the
Proposed Action; and (ii) approved certain amendments to the text of the PUD zoning
regulations set forth in Section 250-7.E.(3) of the Village Code.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby
adopts the annexed local law amending the Zoning Map of the Village of Rye Brook to
change the zoning designation of the aforementioned Parcel from OB-1 to the PUD
District for the reasons set forth in such local law and in the record before the Board of
Trustees; and
BE IT FURTHER RESOLVED, that the Board of Trustees hereby grants PUD
Concept Plan approval for the Application, subject to the following conditions:
1. The conditions set forth in the Board of Trustees resolution adopted July 28,
2015 shall be satisfied.
2. Prior to submitting an application for site plan and/or subdivision approval as
part of Phase II of its Application, the Applicant shall obtain relief from the
Village from Section 250-7.E(2)(c), requiring 150 feet of frontage along a
state, county or major Village road for all PUD developments, if determined
necessary by the Village Attorney after review of the June 17, 1986 resolution
of the Board of Trustees regarding state road frontage.
3. The Applicant shall, as part of Phase II of its Application, obtain approval for
a Wetlands Permit from the Planning Board, if applicable.
4. The Applicant shall submit, as part of Phase II of its Application, a recordable
Declaration of Termination for review by the Village Attorney which
terminates the Mutual Access Easement running in a north-south direction
toward the Doral Arrowwood property as shown on the Resubdivision Plan of
Royal Executive Park, prepared by J.A. Kirby Company, filed in the
Westchester County Clerk's Office on October 10, 1986 as Map No. 22473,
as it appears such easement is no longer necessary. Approval of the
Declaration of Termination by the Village Attorney and recording in the
Office of the Westchester County Clerk shall be conditions precedent to
issuance of a building permit for the project.
5. Based on the current and anticipated future need for park and recreational
opportunities in the Village of Rye Brook, and the demands of the future
population of the proposed residential development, the Board of Trustees
hereby finds that additional recreation/parkland should be created as a
condition of approval for the Application. The Board of Trustees further
determines that a suitable park of adequate size cannot be properly and
practically located within the Parcel, nor has the Applicant offered
recreation/parkland of suitable size and practical location to adequately
address the need for additional recreation/parkland within the Village.
Therefore, the Board of Trustees hereby requires that the Applicant shall, as
part of Phase II of its Application, pay a Recreation Fee in Lieu of Parkland in
accordance with Sections 250-7.E(2)(f)[2] and 209-15 of the Village Code.
Payment of said fee, in full, shall be a condition precedent to issuance of a
building permit for the project.
6. The Board of Trustees shall not entertain Phase II of the Application until the
Applicant has paid to the Village all applicable fees and professional review
fees incurred in connection with review of Phase I of the project application.
7. The Board of Trustees, pursuant to Section 250-7.E.(3) of the Village Code, as
amended, hereby approves reduction of the 100 foot buffer required pursuant
to Section 250-7.E(2)(e) of the Village Code to 50 feet in width along the
entire length of the eastern side of the Parcel facing the Reckson Executive
Park. Said buffer reduction is being granted to accommodate the
configuration of the homes and rear yards proposed on this side of the Parcel.
Notwithstanding the foregoing, the Board of Trustees is satisfied that the
reduced buffer shall provide adequate screening between the Reckson
Executive Park and the Sun Homes development and directs that the buffer
shall, to the greatest extent possible, be maintained in accordance with Section
250-7.E.(2)(e) of the Village Code in that the buffer shall remain in common
ownership and shall not be disturbed, except for the following, if applicable
during Phase II review: permanent entrance/exits utilizing minimum buffer
space, signage, passive recreation, landscaping, roads and for the provision of
utilities.
8. In accordance with Section 250-7.E(4)(a)[5][d] of the Village Code, approval
of the PUD Concept Plan and rezoning shall expire at the end of one year
from the date of this resolution, and the property shall revert to its prior
zoning, unless (a) the Applicant has filed a subdivision and detailed site plan
application for the PUD; or (b) such time limit has been extended by the
Village Board upon written request by the Applicant.
A motion was made by Trustee Rednick and seconded by Trustee Heiser.
The Village acknowledges that storm water was previously provided and reviewed and
work was done — they are aware of the issues raised but it still needs more detailed
review from our engineering consultant.
Mr. Null responded that the Board of Trustees approved a resolution on June 17, 1986
regarding waiving variances regarding the 150 foot frontage requirements. Mrs. Gray
responded that the resolution can be revised to say they would be required to get a
variance if so determined by the Building Inspector. She said she would review the 1986
resolution but not tonight. Mr. Null was not happy with her answer. Mrs. Gray responded
if action is to be taken tonight, that is the resolution she is offering. It has to be reviewed
but she will not do that tonight.
Mayor Rosenberg added that if the Board has passed that resolution in 1986, no one on
this Board was present than but added that variances do not expire. If the applicant would
prefer, they could request an adjournment tonight and no action would be taken tonight.
Mr. Null also added that in 1986, the Board of Trustees waived requires for subdivision
of 3 lots and is questioning why they need to go to zoning. He feels that the language
should be modified to say seek relief from Village instead of go before Zoning Board.
Trustee Klein missed the last meeting but did watch the video. He has concenrs with
zoning text amendments as well as the Affordable Housing. He feels the allowance of
over 9000 square fee per acre is being done under false pretenses. His big issue with the
affordable units as they stand is he believes, in his opinion, that they are in violation of
Section 250 261 F413 which states that the units shall be physically integrated into the
design of the development and should be distributed among various housing unit sizes.
He says they appear to be clustering them against a business park parking lot and he is
not in favor of that and believes it will cause in gender social separation between families
in the affordable housing and the rest of the units. He wants to see the affordable housing
units physically integrated.
Mr. Null responded that there are two provisions in the Village Code regarding blending
but it applies to multi-family housing — this development is single family housing so
therefore it has different language.
Mayor Rosenberg added that in one of his conversations with Norma Drummond from
Westchester County, she said while they prefer it to be scattered, they were ok with the
way it was in this plan.
Mr. Null also added that the home appearances will all be similar.
Trustee Epstein is concerned with the change to the zoning laws that create greater
density for this development and she believes it negatively affects the character of the
neighborhood and seta a very dangerous precedent.
Mrs. Timpone-Mohamed explained that the density in this development is 3.5 units per
acre with 100 units. Doral Greens has 7.9 units per acre with 178 units. The Arbors has
250 units — 6.8 per acre and Bellefair is 1.9 per acre. The density fits in among the
number of units per acre throughout the Village. In addition, the development does not
front on the street—wont be visible from the street so the density is only in relation to the
development itself.
Mr. Bradbury made the revision to 92 of the resolution and on a motion made by Trustee
Rednick and seconded by Trustee Heiser, resolution was approved and Mrs. Bledsoe
called the roll:
TRUSTEE EPSTEIN NO
TRUSTEE HEISER YES
TRUSTEE KLEIN NO
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
With the approval of the Board, Mayor Rosenberg moved to Resolution 911
11)Added: Resolution waiving the filming hours restriction for a specific
permit application
Mr. Bradbury read the resolution:
RESOLUTION
WAIVING THE FILMING HOURS RESTRICTION FOR A SPECIFIC PERMIT
APPLICATION
WHEREAS, Section 123-7(a) of the Village Code outlines the permissible hours
of filming, indicating that filming may only take place between the hours of 7:00 a.m.
and 11:00 p.m. Monday through Friday, and between the hours of 9:00 a.m. and 11:00
p.m. Saturday; and
WHEREAS, an application to film at 900 King Street on Friday, August 21, 2015
has been received by the Village Clerk's Office; and
WHEREAS, the applicant has requested that the permissible hours of operation
be extended from 11:OOpm to 3:OOam to accommodate their filming needs; and
WHEREAS, Section 123-10 of the Village Code provides that the Village Board
may waive certain provisions of the filming code at their discretion.
NOW, THEREFORE BE IT RESOLVED, that the Village Board hereby
waives the filming restrictions with respect to hours of operation and permits the
applicant to film from 8:OOam on Friday, August 21, 2015 until 3:OOam on Saturday,
August 22, 2015 at 900 King Street, on the following conditions:
1. That all lighting be directed to the interior of the building and no lighting shall be
projected outward from the property or at any adjacent property or street
2. Between 11:OOpm and 3:OOam, the applicant shall provide a traffic guide for
vehicles leaving the project site to prevent them from entering the Arbors
Subdivision
FURTHER RESOLVED, that the Village Clerk is authorized to sign and
execute all documents necessary to accomplish the purposes of this resolution.
A motion was made by Trustee Epstein and seconded by Trustee Klein after which there
was a brief question and answer period.
Mr. Mark Lake, Location Manager for Person of Interest addressed the Board. Mr.
Bradbury explained that they had previously obtained a permit from 8:OOam to 10:00pm.
This is strictly internal shooting and that the Arbors is aware and has approved the
filming. The applicant had asked for a change in the hours via email — they expect to be
done by lam but asked for an extension to 3am to be on the safe side. There will be no
lights outside—everything will be pointed into the space to resemble daytime—there will
be no lights aimed into the neighborhood and no cars or trucks will turn right out of 900
King Street where they would end up in the Arbors. Mr. Lake will be on site and will be
personally responsible for making sure it is quiet and there will be no problems.
With everyone in agreement, Mrs. Bledsoe called the roll and the resolution was
approved:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
2) Considering a request for funding for the 2015 Columbus Day
Celebration
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING A VILLAGE CONTRIBUTION TO THE
COLUMBUS DAY CELEBRATION COMMITTEE AND USE OF HAWTHORNE
AVENUE FOR THE ANNUAL PARADE
WHEREAS, the Village of Rye Brook Board of Trustees supports the annual
Columbus Day Parade sponsored by the Columbus Day Celebration Committee
NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees hereby approves that $800.00 be provided to the Columbus Day
Celebration Committee for its annual Columbus Day Parade; and be it
FURTHER RESOLVED, that the Columbus Day Celebration Committee may
use Hawthorne Avenue on Sunday, October 11, 2015 (rain date October 18, 2015) for the
Columbus Day Parade in compliance with the terms and/or conditions established by the
Village of Rye Brook Police Department.
A motion was made by Trustee Epstein and seconded by Trustee Klein
Mayor Rosenberg stated that every year we request someone from the Columbus Day
Committee come to our meeting to answer questions and no one ever does. What is the
money being used for, who else is contributing? He does not wat to say no but finds it
disappointing that no one bothers to attend.
Mr. Bradbury responded that we could adjourn this tonight and they can send a written
request asking someone to attend the next Board meeting.
Trustee Klein withdraws the motion and Trustee Heister seconds the motion.
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
3) Considering an amendment to the 2014/2015 Snow and Ice Agreement with
the New York State DOT
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING AN AMENDMENT TO THE SNOW AND ICE AGREEMENT
WITH THE
NEW YORK STATE DEPARTMENT OF TRANSPORTATION
FOR THE 2015/2016 SNOW SEASON
RESOLVED,that the Village of Rye Brook is authorized to enter into extensions
of the indexed lump sum municipal snow and ice agreement (913010779) with the State
of New York, Department of Transportation until June 30, 2016 under which the Village
of Rye Brook will receive an estimated payment of $59,546.84 for the 2014/15 snow
season for snow and ice control on King Street and Westchester Avenue; and be it further
RESOLVED, that the Mayor and Village Administrator are hereby authorized to
execute and deliver all documents necessary or appropriate to accomplish the purposes of
this Resolution.
Mr. Bradbury advised the Board that this is a $42,000 increase in what the Village
normally gets and he honestly has no idea why....they called to confirm the amount and
were told it was correct.
On a motion made by Trustee Rednick and seconded by Trustee Epstein, the resolution
was approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
4) Considering setting a public hearing regarding a local law to amend
Chapter 126 and adopt Chapter 127 of the Code of the Village of Rye
Brook governing firearms and fireworks for September 8, 2015
Mr. Bradbury read the resolution:
RESOLUTION
SETTING A PUBLIC HEARING ON A LOCAL LAW TO AMEND CHAPTER
126 AND TO ADOPT CHAPTER 127 OF THE VILLAGE OF RYE BROOK
CODE CONCERNING FIREARMS, FIREWORKS AND PYROTECHNICS
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, the Village of Rye Brook Board of Trustees is considering a local
law to amend Chapter 126 and adopt Chapter 127 of the Rye Brook Code; and
WHEREAS, the proposed local law will amend Chapter 126 of the Rye Brook
Code by updating the provisions governing the carrying and use of firearms and the
practice of hunting in the Village of Rye Brook and, further, will update and relocate the
provisions governing permits for fireworks and pyrotechnics displays (proposed Chapter
127).
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees shall
hold a public hearing on September 8, 2015 at 7:30p.m. at Village Hall, 938 King Street,
Rye Brook,New York, to consider the proposed local law; and
BE IT FURTHER RESOLVED, that the Board of Trustees directs that notice of
the public hearing be published in accordance with all applicable laws.
This resolution is before the Board tonight in anticipation of another application for
fireworks. There was odd language in the code and everything was combined. They
believed it needed separation and updating.
Mayor Rosenberg added that residents have asked about trapping on their own property.
Mr. Bradbury responded that it is not for food or sport. Trustee Klein added that NYS law
says that even if you trap a raccoon you cannot relocate it.
Brief discussion on changes in wording.
On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was
approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
5) Considering authorizing the use of NJPA for the up fit of a new
Freightliner Dump Truck
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING THE PURCHASE OF A HENDERSON FREIGHTLINER PLOW
TRUCK ON THE BASIS OF BEST VALUE
WHEREAS, on March 11, 2014 the Village of Rye Brook Board of Trustees
adopted a local law pursuant to New York General Municipal Law §103(1) to authorize
the award of certain purchase contracts subject to competitive bidding on the basis of best
value, as defined in Section 163 of the New York State Finance Law; and
WHEREAS, the Village is interested in purchasing the up-fit of a Freightliner
Truck on the basis of best value; and
WHEREAS, it is in the best interests of the Village to purchase the up-fit of the
Henderson Freightliner Plow Truck through NJPA Contract No. 080114-HPI on the basis
of best value because it is expected to result in savings to the Village over time; and
WHEREAS, the Chassis of the truck will be purchased through Westchester
County Contract; and
WHEREAS, up-fit includes the installation of a plow and hitch, dump body,
salter, hydraulics system, controls, emergency lighting and ancillary equipment for a fully
functioning system.
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees hereby
authorizes the purchase of the up-fit of a Henderson Freightliner Plow Truck through
NJPA Contract No. 080114-HPI on the basis of best value for the reasons set forth herein
at a total price of$100,751.00.
This is a Best Value contract and these contracts need to be approved by the Board of
Trustees. The price is good and the parts are interchangeable with the equipment we
currently have. Upfit is currently 2-3 months out so this truck will not be received until
after winter. Mr. Nowak thanked Board for their assistance.
On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was
approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
6) Considering the approval of New York State DOT Adopt-A-Highway
Agreement
Mr. Bradbury read the resolution:
RESOLUTION
APPROVING AN AGREEMENT WITH THE NEW YORK STATE
DEPARTMENT OF TRANSPORTATION FOR THE ADOPT-A-HIGHWAY
PROGRAM
WHEREAS, invasive vines threaten the health of some of the trees along the
Hutchinson River Parkway; and
WHEREAS, a group of Rye Brook residents have expressed their intent to do the
work needed to remove the vines which requires an agreement with the New York State
Department of Transportation through the Adopt-A-Highway Program.
NOW, THEREFORE BE IT RESOLVED, that the Village Board hereby
approves the Adopt-A-Highway Agreement with New York State Department of
Transportation and be it
FURTHER RESOLVED that the Mayor and Village Administrator are hereby
authorized to execute and deliver all documents necessary and appropriate to accomplish
the purposes of this resolution, subject to any modification to the agreement by Village
Counsel.
Mr. Bradbury explained that this is a way to accomplish what Trustee Epstein was hoping
to get done. The State does not have funding to maintain the right of ways so they leave it
up to us to take care. The vines are growing up the more mature trees and choking them
out. The vines will be cut to stop further growth and give the trees a chance. Trustee
Epstein came forward and said there was a Rye Brook group that was willing to come in
and perform the work. Mr. Bradbury wanted everyone to understand that there are a lot of
requirements—there needs to be a single point of contact—training—proper protective
clothing—staffing sign off sheets—insurance requirements etc.
Mayor Rosenberg believes this may not be what this group is looking for—something so
formal and structured. He wants them to understand they have to be all in—submit to the
requirements set by the State. Trustee Epstein feels that we have no choice we want to
save the trees and she will discuss it with the group.
Trustee Heiser asked if the Village could face liability if someone gets hurt. Phil Butler of
Keane & Beane responded that in a group such as this acting at the authority of the
Village—if anything should happen the Village could be liable and it is something he
needs to look at further. It is possible to do a separate agreement with the group—maybe
a hold harmless agreement.
Mayor Rosenberg believes it is a great opportunity if the logistics can be worked out.
On a motion as amended by Trustee Epstein and seconded by Trustee Klein, the
resolution was approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
7) Considering budget modifications
Mr. Bradbury read a summary of the resolution.....Mayor Rosenberg explained that some
of the resolutions are extremely lengthy and are not read in full. He advised the public
that all resolutions with exact language and be found on our website.
RESOLUTION
BUDGET MODIFICATIONS
RESOLVED, that the following 2014/2015 year-end budget modifications be hereby
approved:
FROM TO AMOUNT
101.1990.424 101.1325.110 $ 819
(Special Items - (Village Treasurer—
Contingency) Village Treasurer)
101.1990.424 101.1325.140 $ 4,881
(Special Items - (Village Treasurer—
Contingency) Deputy Treasurer)
101.1990.424 101.1325.443 $ 1,308
(Special Items - (Village Treasurer—
Contingency) Credit Card Fees)
101.1990.424 101.1440.110 $ 13,634
(Special Items - (Village Engineer—
Contingency) Village Engineer)
101.1990.424 101.1680.110 $ 6,444
(Special Items - (MIS—
Contingency) MIS Coord.)
101.1230.199 101.1410.499 $ 7,109
(Village Administrator- (Village Clerk—
Longevity/Vacation) Contractual)
101.1230.199 101.1680.411 $ 480
(Village Administrator- (MIS—
Longevity/Vacation) Computer Supplies)
FROM TO AMOUNT
101.7140.140 101.7150.498 $ 5,381
(Recreation Dept. - (Handicapped Services—
Recreation Attendant) Southeast Consortium)
101.8120.403 101.8320.400 $22,141
(Sewer Account) (Water Account)
101.1420.458 101.1680.499 $16,094
(Village Attorney (MIS—
Supplemental Services) Contractual)
101.1420.458 101.1950.407 $ 7,731
(Village Attorney - (Special Items—
Supplemental Services) Tax on Property)
101.1660.496 101.1995.426 $ 4,000
(Central Items - (Special Items—
Central Supplies) Bonding Expenses)
101.1660.496 101.3120.421 $ 231
(Central Items - (Police Dept.—
Central Supplies) Optical)
101.5110.189 101.5142.417 $14,924
(Highway Maint. - (Snow Removal—
Overtime) Sand/Salt)
101.5110.412 101.5142.417 $10,726
(Highway Maint. - (Snow Removal—
Street Maintenance) Sand/Salt)
101.1990.424 101.7410.424 $ 2,750
(Special Items - (Library—
Contingency) Capital)
101.1990.424 101.8020.199 $ 486
(Special Items - (Planning Board—
Contingency) Land Use Videotaping/
Minutes)
101.1990.424 101.8020.469 $ 500
(Special Items - (Planning Board—
Contingency) Miscellaneous)
FROM TO AMOUNT
101.5110.150 101.5142.417 $9,576
(Highway Maint. - (Highway Maint. —
MEO) Sand/Salt)
101.1230.110 101.1420.458 $1,766
(Village Administrator- (Village Attorney—
Assistant to Village Supplemental Services)
Administrator)
There being no questions, Mayor Rosenberg called for a motion and on a motion made by
Trustee Rednick and seconded by Trustee Epstein, the resolution was approved and Mrs.
Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
8) Considering amending the Village Board Meeting schedule for September
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING THE MODIFICATION OF THE
BOARD OF TRUSTEES MEETING SCHEDULE
RESOLVED, that the following Board of Trustees meeting date is hereby cancelled:
September 22, 2015; and be it
FURTHER RESOLVED, the following Board of Trustees meeting date is hereby
scheduled:
September 24, 2015
On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was
approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
9) Considering the approval of minutes from the meetings of June 23, 2015,
July 14, 2015 and July 28, 2015.
RESOLUTION
CONSIDERING THE APPROVAL OF MINUTES:
JUNE 23,JULY 14 & JULY 28, 2015
NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board
of Trustees hereby certifies the approval of the minutes for the meetings held on June 23,
2015, July 14, 2015 and July 28, 2015.
On a motion made by Trustee Epstein and seconded by Trustee Heiser, the resolution was
approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
10) Considering a bid award for Contract 415-16: Purchase of a Forklift
Mr. Bradbury read the resolution:
RESOLUTION
CONSIDERING AWARDING THE BID FOR
CONTRACT #15-16: PURCHASE OF A FORKLIFT
WHEREAS, the Village of Rye Brook has solicited bids for Contract 915-16,
Purchase of a Forklift; and,
WHEREAS, the bid for Contract #15-16 was advertised in the Westmore News as
the Official Newspaper of the Village of Rye Brook, and was also made available on the
Empire State Purchasing Group bid system; and
WHEREAS, at 9:30 am on Thursday, August 13, 2015 the Village Administrator
opened sealed bids as summarized below:
Bidder Base Bid Alternate A Alternate B Total
Starlift $22,326.56 1,340.00 $990.00 $24,656.56
Pinacle Lift of NY $24,350.00 - $2,995.00 $27,345.00
Liffech $23.858.00 $1,200 $3,000.00 $28,058.00
SwiftLift Declined to bid
AND WHEREAS, the bid specifications and requirements provide that a
contractor's bid pricing must remain valid for one year following the date of the award;
and
WHEREAS, the bid specifications and requirements provide that the contracts
awarded shall be available to other municipalities or government agencies for purchasing
through Piggybacking in accordance with General Municipal Law 103 (16) and that the
contractor must honor the pricing listed to any municipality or government agency
allowed by law to Piggyback.
NOW, THEREFORE BE IT RESOLVED that following review of the bids by
the Village Administrator and Village Engineer, the Village Board of Trustees hereby
determines that the lowest responsible bidder meeting all the requirements of the bid
document is Starlift Equipment Company, Inc. for the base bid amount of $22,326.56
plus Alternate A for $1,340.00 and Alternate B for$990.00
AND BE IT FURTHER RESOLVED, that that the Village of Rye Brook
Board of Trustees hereby awards the bid for Contract 915-16 to Starlift Equipment
Company, Inc. in the total bid amount of$24,656.56; and
BE IT FURTHER RESOLVED, that that the Mayor and Village Administrator
are hereby authorized to execute and delivery any documents necessary and appropriate
to accomplish the purposes of this resolution.
On a motion made by Trustee Epstein and seconded by Trustee Rednick, the resolution
was approved and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES
ADMINISTRATORS REPORT
Pine Ridge park has been busy — theatre in the park, music in the park, playground
opening and all have been successful events. The Village would like to thank the
Highway and Parks staff and their supervisors for all the great work they do in keeping
all the parks looking pristine. The tennis courts will be closed for 2 weeks while
resurfacing takes place.
The Dog Wash/Adoption day will be September 12th from I I am to 3pm—good thing for
the residents and the shelter—people can come and made a donation to the shelter and get
their dogs a bath at the same time.
High Street paving will be starting next week—August 24th—there will be lane closures—
project will last about 4 weeks and there will be 2 nights of closure from Bpm to lam.
They have notified emergency services, other municipalities and the schools. There will
be detour signs and plenty of notification
Village Hall carpeting and painting will also take place in early September. Some
disruption—as departments are done they will temporarily relocate to the Fire House
On a motion my Trustee Epstein and seconded by Trustee Heiser, the Board was
adjourned to executive session and Mrs. Bledsoe called the roll:
TRUSTEE EPSTEIN YES
TRUSTEE HEISER YES
TRUSTEE KLEIN YES
TRUSTEE REDNICK YES
MAYOR ROSENBERG YES