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HomeMy WebLinkAbout2014-05-27 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, MAY 27, 2014 AGENDA 7:00 P.M.—Executive Session: Police and Fire Contract Negotiations 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing to consider a proposed Comprehensive Plan for the Village of Rye Brook 2) Public hearing to consider an application by Toll Land V Limited Partnership for approval of an amended site plan 3) Public hearing to consider an amended site plan at property located at 1 International Drive (Reckson Executive Park) 4) Public hearing to consider a proposed interim development local law RESOLUTIONS: 1) Considering an amended site plan at property located at 1 International Drive (Reckson Executive Park) 2) Considering referring a proposed interim development local law to the Planning Board for report and recommendation 3) Considering approving a Memorandum of Understanding regarding the eTrace Internet Based Firearm Tracing Application with the Bureau of Alcohol, Tobacco, Firearms and Explosives 4) Considering an agreement with Computel Consultants for utility auditing services Board of Trustees Meeting May 27, 2014 Page 1 5) Considering the rejection of contract 914-04: `Atria Grinder Pumps' 6) Considering entering into an agreement with Connecticut Business Systems for copier services ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: June 10 & June 24,2014 BOARD: Trustee Susan R. Epstein Trustee Jason A. Klein Trustee David M. Heiser Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant Village Administrator Chief Gregory Austin, Chief of Police Edward Beane, Village Counsel Michal Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Mayor Paul Rosenberg called the May 27, 2014 Board of Trustees meeting to order. He noted that the Board held an Executive Session prior to the meeting on Police and Fire Contract Negotiations. Mayor Rosenberg called for the first item on the agenda: 1) Public hearing to consider a proposed Comprehensive Plan for the Village of Rye Brook Board of Trustees Meeting May 27, 2014 Page 2 Mayor Rosenberg noted that the first item on the agenda is a continuation of a public hearing. He noted that two members of the Comprehensive Plan were in attendance: former Mayor Joan Feinstein and Marcia Rogel, and that committee member Carol Goodman would be arriving shortly. Mayor Rosenberg stated that the last time the Board of Trustees met many of the issues were discussed, including the Blind Brook Club. He asked that the Board briefly return to the discussion on the Blind Brook Club. He questioned the R25 and R30 zones and cluster housing. He asked for the consensus of the Board. The decision was to make the change the zone to R30. If there are one or two additional changes then they can be made during the final round of changes. Mayor Rosenberg called for any other discussion that should take place regarding zoning. He noted that there was a possibility of eliminating the OBS zone. He also noted that there was a very good discussion at the end of the last meeting. Mayor Rosenberg called for members of the public wishing to address the Comprehensive Plan. Anthony Morando from the law firm of Cuddy & Fedder, the representative for the Blind Brook County Club addressed the Board. He noted that Anthony Gioffre, Esq. attended the previous meeting. The Country Club believes that the property should remain as is. Further, the County Club has no plans for re-development, no vision of closing, and plans to be a part of the community for a long time going forward. Mayor Rosenberg noted that the Country Club is a wonderful neighbor. The information in the Comprehensive Plan simple leaves the options open. The next area for discussion was Parks and Open Space. Garibaldi Park was addressed. This is a difficult park in terms of maintenance. It is a high use park and a lot of upgrades have been done to this park. There is definitely some needed improvements such as more parking, and better access to the park. Grants have been utilized in this park such as the addition of the bathrooms. There were no additional comments from the Board on Garibaldi. Next area discussed was the enhancement of the existing parks. Bike paths, walking paths, signage and benches were addressed. People are looking for more walking and hiking type of activities. The Recreation Counsel should weigh in on this matter. Trustee Heiser felt that education for the residents must be done. Also discussed was a dog park. Trustee Jason Klein noted that Pedestrian accessibility should be reviewed. Mayor Rosenberg addressed the walking/biking trail near the Hutch. Board of Trustees Meeting May 27, 2014 Page 3 Susan Fauate of BFJ Planning noted that some of the sidewalks end a the Hutch. Mayor Rosenberg called for questions or comments on this area of the Comprehensive Plan. The next topic was regarding a pool. The Village has discussed this issue since the Village was formed. This idea came back again. Mayor Rosenberg noted that he was envisioning a more gymnasium like facility. A dog park at Bowman Avenue was briefly touched upon. Former Mayor Feinstein noted that Pine Ridge does not have benches closed to the field. The seniors are looking for benches. It was noted that Crawford Park is subject to deed restrictions. Mr. Bradbury noted that it has been quite since the suggestion of a Comprehensive Plan was made. Ten years ago a joint study was done with Greenwhich. The state shot this down. One suggestion was biker/pedestrian improvements. The Board discussed secondary or accessory apartments that would be constructed within current residential housing. Former Village Trustee Carol Goodman, and current member of the Comprehensive Committee, addressed the Board. She noted that the committee has had a lot of discussions on the proposed accessory units and controls have been put in. Trustee Epstein noted that a problem might occur with the enforcement issue. You cannot mandate which apartment is rented. Mr. Bradbury noted that a local law must be put in place. Mayor Rosenberg noted that the wording should be left the way it is. Also discussed were Multi-family and office zones. It was noted that the housing market in Westchester is quite weak. Mayor Rosenberg tuned to the Board for questions and/or comments. This concluded this evening's discussion on the Comprehensive Plan discussion. The next hearing has been scheduled for June 10th and the final areas will be discussed. The next step is a negative declaration. The resolution to accept the Comprehensive Plan may also be on the agenda for that night. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the matter was adjourned to the June 10th meeting. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Board of Trustees Meeting May 27, 2014 Page 4 Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg called for a ten minute recess. Upon the Board's return, Mayor Rosenberg called for the next item on the agenda under Public Hearings: 2) Public hearing to consider an application by Toll Land V Limited Partnership for approval of an amended site plan Mayor Rosenberg called for a motion and a second to open the public hearing. On a motion made by Trustee Susan Eisenberg, and seconded by Trustee David Heiser, the public hearing was declared open Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg noted that this matter is still before the Planning Board. Once they have vetted the application then the public hearing will be held. On a motion made by Trustee Jason Klein, and seconded by Trustee Epstein, the public hearing was adjourned to the June 24th meeting. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Board of Trustees Meeting May 27, 2014 Page 5 Trustee Klein recused himself from voting on this application. 1) Public hearing to consider an amended site plan at property located at 1 International Drive (Reckson Executive Park) On a motion made by Trustee Susan Eisenberg, and second by Trustee Klein, public hearing was declared open. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein abstained Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg noted that the applicant was not in attendance. The application is straight forward. The request for two (2) of the signs has been deleted. What remains is the request for a variance for one sign. Mayor Rosenberg called for members of the public wishing to address the application. There being no one, he called for a motion to close the public hearing. On a motion made by Mr. Rednick, and seconded by Trustee Epstein, the public hearing was closed. The roll was called. Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Board of Trustees Meeting May 27, 2014 Page 6 Mayor Rosenberg called for the resolution in connection with this public hearing. RESOLUTIONS: 1) Considering an amended site plan at property located at 1 International Drive (Reckson Executive Park) Mr. Bradbury read the following Resolution: WHEREAS, American Signcrafters ("Applicant") submitted an application on behalf of property owner Reckson Operating Partnership, LP, for a Site Plan Amendment for the installation of a freestanding monument sign, along with installation of two building wall signs, at Reckson Executive Park on property located at 1 International Drive, designated as Section 124.82, Block 1, Lot 1 on the Town of Rye Tax Map and located in the OB-1 Zoning District and Scenic Roads Overlay District; and WHEREAS, the application has been revised to eliminate the request for building wall signs and instead request approval for one, non-illuminated, ground-mounted sign at the entrance of the subject building; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Sections 209-1(A)(1) of the Village Code; and WHEREAS, the Village Board of Trustees has received and reviewed the information submitted by the Applicant in connection with the application, as follows: 1. Site Plan Application and Checklist 2. Sign Permit Application 3. Short EAF dated I/10/14 4. Xylem Sign Package, Page 1 of 19 through Page 19 of 19, prepared by Colite International, Ltd, dated March 21, 2014 5. Site Map, Page 2 of 18 through Page 7 of 18, prepared by Colite International, Ltd, dated February 10, 2014 6. Zoning Memorandum to the Village Administrator from the Rye Brook Building and Fire Inspector dated December 23, 2014 7. Zoning Memorandum to the Planning Board from the Rye Brook Building and Fire Inspector dated May 6, 2014 8. "Overall Site Plan"prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y., dated 12/17/07 and hand-altered to show new non-illuminated sign (P-3) location 9. Fabricator's Plans, prepared by Colite International, LTD, Columbia, S.C.: Board of Trustees Meeting May 27, 2014 Page 7 Sheet Number Sheet Title Date 8 of 18 Existing and Recommended Sign 1 2/10/2014 9 of 18 Existing and Recommended Sign 2 2/10/2014 1 of 2 STD 28"NIL Letterset XYL-ILRM28-BL 2/4/14 rev. 2/11/14 2 of 2 STD 28"NIL Letterset XYL-ILRM28-BL 2/4/14 rev. 2/11/14 No Number Recommended Sign 3 1/13/2014 1 of 3 STD NIL 60 in. Monument 2/4/14 rev. 2/5/14 2 of 3 STD NIL 60 in. Monument 2/4/14 rev. 2/5/14 3 of 3 STD NIL 60 in. Monument 2/4/14 rev. 2/5/14 WHEREAS, on January 14, 2014 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) and after review of the Short Environmental Assessment Form (EAF) prepared by the Applicant, classified the proposed action as Unlisted pursuant to SEQRA which will undergo an uncoordinated review; and WHEREAS, on January 14, 2014 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, on February 19, 2014 the application was referred to the Westchester County Department of Planning and a response was received on February 20, 2014; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated May 8, 2014; and WHEREAS, on May 16, 2014 the application was referred to the Town of Greenwich and Town/Village of Harrison pursuant to New York State General Municipal Law §239-nn and Westchester County Administrative Code §277.71; and WHEREAS, on May 27, 2014 the Board of Trustees opened a public hearing on the subject application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application and the public hearing was closed on May 27, 2014; and WHEREAS, the Board of Trustees reviewed the Report and Recommendations of the Village Planning Board, and comments the Village Planning Consultant and Village Staff, and WHEREAS, the Board of Trustees is familiar with the site and all aspects of the project. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, in accordance with Article 8 of the State Environmental Conservation Board of Trustees Meeting May 27, 2014 Page 8 Law and 6 NYCRR Part 617, and upon review of the EAF and all other application materials that were prepared for this action, hereby adopts the attached Negative Declaration; and BE IT FURTHER RESOLVED, the application submitted by American Signcrafters on behalf of property owner Reckson Operating Partnership, LP for approval of an Amended Site Plan for one, non-illuminated, ground-mounted sign, as shown on the set of plans listed above, at property located at 1 International Drive, designated as Section 124.82, Block 1, Lot 1 on the Town of Rye Tax Map, is hereby approved; and BE IT FURTHER RESOLVED, that no permits shall be issued until the Applicant has paid to the Village all applicable fees and professional review fees incurred in connection with review of this Application. On a motion made by Trustee Heiser, and seconded by Trustee Susan Epstein, the resolution was adopted. The roll was called. Trustee Susan R. Epstein voting aye Trustee Jason A. Klein recused Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg called for the fourth public hearing on the agenda: 4) Public hearing to consider a proposed interim development local law Mayor Rosenberg noted that the Board was considering a moratorium. Upon further review, he felt that the Board can handle any application that comes before the Board under the current Code. Trustee Rednick noted that there will be major zoning changes as a result of the Comprehensive Plan. The moratorium, for both commercial and residential, could tie their hands. The intent is to over time modify the Code. Trustee Heiser recommended withdrawing the proposed local law. Trustee Epstein agreed with Trustee Heiser. Trustee Heiser moved that the public hearing be withdrawn and the local law be tabled. Trustee Rednick suggested a more limited Moratorium to be addressed at a future meeting. The roll was called: Board of Trustees Meeting May 27, 2014 Page 9 Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye It was noted that resolution 42 was also withdrawn 3) Considering approving a Memorandum of Understanding regarding the eTrace Internet Based Firearm Tracing Application with the Bureau of Alcohol, Tobacco, Firearms and Explosives Mr. Bradbury read the following resolution RESOLVED, that the Village of Rye Brook Village Board herby approves the Memorandum of Understanding regarding the eTrace Internet Based Firearm Tracing Application with the Bureau of Alcohol, Tobacco, Firearms and Explosives; and be it FURTHER RESOVED, the Mayor, Village Administrator and Police Chief are hereby authorized to execute all documents necessary or appropriate to accomplish the purpose of this resolution. Chief Gregory Austin gave a brief overview of the program. He noted that eTrace provides the police department with a resource to investigate the source and history of guns. This involves guns involved in criminal acts. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Board of Trustees Meeting May 27, 2014 Page 10 Mayor Paul S. Rosenberg voting aye 4) Considering an agreement with Computel Consultants for utility auditing services Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook desires to have a utility audit preformed to identify overcharges or underpayments from cable franchise fees, Gross Receipts Tax liability, Telephone and Electric services; and WHEREAS, Computel Consultants will perform this utility audit for the one- time fee of 35% of any and all recovered funds. NOW, THEREFORE, BE IT RESOLVED, the Village of Rye Brook hereby authorizes the Mayor and Administrator to enter into an agreement with COMPUTEL CONSULTANTS for a utility audit; and be it FURTHER RESOLVED, the agreement shall be in accordance with any modifications approved by legal counsel. Mr. Bradbury stated that this service was free and it is first step to the inventory of Street Lights so that the Village can move forward towards LED lighting. Computel works with a lot of municipalities. They will inventory the size, type, and style. Rye and Port Chester are also considering an agreement with Computel as well. Mr. Bradbury noted that Village counsel has reviewed this agreement. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Board of Trustees Meeting May 27, 2014 Page 11 Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 5) Considering the rejection of contract 414-04: `Atria Grinder Pumps' Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook has solicited bids for Contract 914-04: `Atria Grinder Pumps;' and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on Friday, April 18, 2014; and WHEREAS, at 10:00 a.m., Wednesday, May 14, 2014, all bids received were opened as summarized below: BIDDER Base Bid BID BOND Eventus Construction Corp.Inc. $88,750Yes WHEREAS,upon review of the bid,the Village Administrator and Village Engineer/ Superintendent of Public Works determined the bid amount of$88,750 exceeded the funding available for the project. NOW THEREFORE BE IT RESOLVED, that all bids for contract 414-04: `Atria Grinder Pumps' are hereby rejected. Mr. Michal Nowak, Superintendent of Public Works, addressed the Board. He noted that he was in negotiations now to purchase the parts out of this year's budget and then bid out some of the installation work. A lot of the handy wipes and towels do not break down well. They are tough for the equipment to break down and tear apart. Other items that are jamming the gears at the pump stations are feminine items, rags, mops; but 80% are wipes. There have been blockages and staff must go in and pull the debris out with their Board of Trustees Meeting May 27, 2014 Page 12 hands. If there is a back-up there would be additional issues and the DEC would be called in. It was noted that there are two pump stations in Rye Brook. The alarms at these pump stations go off and staff must immediately respond; that includes holidays, weekends, in the evening. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 6) Considering entering into an agreement with Connecticut Business Systems for copier services Mr. Bradbury read the following resolution: WHEREAS, the current Village of Rye Brook lease for copiers is set to expire June 7, 2014; and WHEREAS, the Village desires to enter into another lease agreement for copier and scanning services for the Village; and WHEREAS, the County of Westchester and Connecticut Business Systems, LLC have entered into a shared services agreement that allows municipalities the same pricing. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook herby enters into an agreement with Connecticut Business Systems, LLC for copier and scanning services; and be it Board of Trustees Meeting May 27, 2014 Page 13 FURTHER RESOLVED, the lease agreement will be in accordance with the shared service agreement and prices between Westchester County and Connecticut Business Systems, LLC; and be it FURTHER RESOLVED, the agreement shall be in accordance with any modifications approved by legal counsel. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mr. Bradbury noted this is a Xerox product ADMINISTRATOR'S REPORT Mr. Bradbury stated that the Rye Brook Birthday at Crawford Park will be held on June 14, 2014. Everyone is looking forward to a great turnout. The Building Department has new hours: 8:30 a.m. to 3:30 p.m.. The Department will still be working—but the extra time will give them a chance to catch up and get the work done. Residents can now take advantage of a Link on Village's website to get the weather. They can also download and get Rye Brook information. Board of Trustees Meeting May 27, 2014 Page 14 Mayor Rosenberg noted that the next Board of Trustee Meetings would be held on June 10th and June 24th. Mayor Rosenberg called for anyone wishing to address the Board. There being no one, he called for a motion to go into an Executive Session. On a motion made by Trustee Epstein, and seconded by Trustee Klein, the meeting was adjourned at 9:30 p.m. and the Board went into an Executive Session. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Board of Trustees Meeting May 27, 2014 Page 15