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HomeMy WebLinkAbout2013-07-23 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL,938 KING STREET TUESDAY,JULY 23, 2013 AGENDA 7:15 P.M. -EXECUTIVE SESSION 7:30 P.M. -REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS RESOLUTIONS: 1) Considering setting a public hearing for a proposed amended site plan application by Rye King Associates, LLC for property located at 900 King 2) Considering the award of Contract 13-03 "2013 Road Resurfacing" 3) Considering referring modifications regarding the Scenic Roads Overlay District to the Planning for Report and Recommendation 4) Considering setting a public hearing to consider modifications to Chapter 250 of the Village Code regarding generators 5) Considering an appointment to the Architectural Review Board 6) Considering approving a model Rye Brook Police service agreement for special duty assignments and considering a modification of the license and permit fee schedule 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 Board of Trustees Meeting July 23,2013 Page 1 of 10 THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS:August 19, 2013 BOARD: Trustee Susan R. Epstein Trustee David M. Heiser Deputy Mayor Jeffrey B. Rednick Excused: Mayor Paul S. Rosenberg Trustee Jason A. Klein STAFF: Christopher J. Bradbury,Village Administrator Gregory Austin, Police Chief David Burke,Assistant Village Administrator Edward Beane, Esq.,Village Counsel Michal Nowak, Superintendent of Public Works Marilyn Timpone Mohamed,Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Deputy Mayor Jeffrey Rednick welcomed everyone to the July 23, 2013 Regular Meeting of the Board of Trustees. He noted that Mayor Paul Rosenberg was excused from the meeting and he was wished a speedy get well. He also offered congratulations to Trustee Jason Klein, who was also excused from the meeting,on the birth of his child. Deputy Mayor Rednick called for the first item on the agenda. RESOLUTIONS: 1) Considering setting a public hearing for a proposed amended site plan application by Rye King Associates,LLC for property located at 900 King Mr. Bradbury read the following resolution: SETTING A PUBLIC HEARING ON AN AMENDED SITE PLAN APPLICATION BY RYE KING ASSOCIATES,LLC FOR PROPERTY LOCATED AT 900 KING STREET WHEREAS, the Board of Trustees is in receipt of an application by Rye King Associates, LLC for approval of an amended site plan to replace existing freestanding signs, install additional wall signage on the existing building at the east bulkhead wall and replace parking lot lighting, for property located at 900 King Street, designated as Parcel ID 129.68- 1-13 on the Town of Rye Tax Map and located in the Planned Unit Development Zoning District and the Scenic Roads Overlay District; and WHEREAS, the Board of Trustees is the Approval Authority for the application in accordance with Section 209-1(A)(1) of the Village Code; and Board of Trustees Meeting July 23,2013 Page 2 of 10 WHEREAS, on April 23, 2013 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, determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo an uncoordinated review; and WHEREAS, on April 23, 2013 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation and to the Village of Rye Brook Zoning Board of Appeals for consideration of any necessary variances; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated May 9, 2013; and WHEREAS, on July 2, 2013, the Zoning Board of Appeals granted a variance for the proposed wall signage; and WHEREAS, on July 19, 2013 the application was referred to the Westchester County Planning Board for notification purposes pursuant to New York State General Municipal Law and the Westchester County Administrative Code. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on August 19, 2013, 2013 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the application for approval of an Amended Site Plan for property located at 900 King Street; and BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of the public hearing on the Amended Site Plan application shall be sent to the Town of Greenwich no less than 10 days prior to the public hearing concerning the application. BE IT FURTHER RESOLVED, that the Applicant is directed to comply with the notification requirements required under Section 250-40 of the Village Code. Marilyn Timpone Mohamed, Village Consultant from the firm of Frederick P. Clark Associates, addressed the Board. She noted that the Planning Board has sent its recommendations to the Board of Trustees. There were six points, but some of them are now moot points because the application has changed. One point was in connection to the up-lighting which will be placed on the plans for the Board's review. The Village needs to make sure that the illumination is not too bright. She noted that the size of the monument sign was reduced, and the flag poles have been removed from the application. The applicant and Ms. Timpone Mohamed had an informal meeting prior to this meeting, and a note will be added to the plans regarding the installation of a non-invasive species. The applicant is withdrawing the parking lot lighting from the plans. The final point is that the applicant needs to designate a plan as a site plan, and issues number 1 and 4 are still outstanding. The applicant will be providing the full set of plans by the end of the week. The plans must go to the Town of Greenwich,and they need complete plans. Deputy Mayor Rednick noted that the applicant was in attendance. Mr. Ketchabaw confirmed that he heard everything that Ms. Timpone Mohamed Board of Trustees Meeting July 23,2013 Page 3 of 10 stated. They are trying to be a good neighbor, and are working with staff and consultants to amend their plans. On a motion made by Trustee David Heiser, and seconded by Trustee David Susan Epstein,the resolution was adopted. Mr. David Burke,Assistant Village Administrator,called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye 2) Considering the award of Contract 13-03 "2013 Road Resurfacing" Mr. Bradbury read the following resolution: CONSIDERING THE AWARD OF CONTRACT 13-03: "2013 ROAD RESURFACING" WHEREAS, the Village of Rye Brook has solicited bids for Contract 13-03: "2013 Road Resurfacing;"and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on July 5, 2013; and WHEREAS, at 10:00 a.m., Monday, July 22, 2013, all bids received were opened as summarized below: BIDDER Base Bid Alt Alt B BID BOND Bilotta Construction $485,273.60 $55,200.00 $131,625.00 Yes PCT Industries,Inc. $604,590.00 $135,000.00 $210,000.00 Yes ELQ Industries,Inc. $533,255.00 $82,500.00 $142,500.00 Yes WHEREAS, upon reviewing the bid, the Village Administrator and Village Engineering Consultant determined the lowest responsible bidder meeting the requirements of the contract document is Bilotta Construction for the Base Bid price of $485,273.60. NOW THEREFORE BE IT RESOLVED, that contract 13-03: "2013 Road Resurfacing;" is hereby awarded to Bilotta Construction for the Base Bid price of $485,273.60; and be it Board of Trustees Meeting July 23,2013 Page 4 of 10 FURTHER RESOLVED, that Alternate A (asphalt sidewalks) is hereby awarded for an estimated 866 square yards for sidewalks on King Street between N. Ridge St. and 1004 King St.,for an estimated price of$31,868 based on unit pricing in the bid; and be it FURTHER RESOLVED, that Alternate B (concrete sidewalks) is hereby awarded for an estimated 555 square yards for sidewalks on King Street between Arbor Drive north to the Hutchinson River Parkway exit ramp, for an estimated price of $48,701 based on unit pricing in the bid; and be it FURTHER RESOLVED,that capital funds encumbered from 2012-13 Annual Budget for Street Resurfacing and King Street sidewalks shall be used for this project, with any remaining funds to be added to the 2013-14 Street Resurfacing capital project; and be it FURTHER RESOLVED, that the Mayor and Administrator are hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Mr. Bradbury noted that the goal is to have this work done before the leaf season begins. Deputy Mayor Rednick reviewed the areas involved, and it was noted that there was curbing, basins, and sidewalk work that was included. The funds were allocated last year. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye Mr. Bradbury noted that a resolution needed to be added. The Village must have an agreement with the State Department of Transportation for work being proposed on King Street because the work involves state property. Mr. Edward Beane, Esq.,addressed the Board. He read the proposed resolution. CONSIDERING AN AGREEMENT BETWEEN THE VILLAGE AND THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION NOW,THEREFORE,BE IT RESOLVED,that the Mayor,Acting Mayor,or Village Administrator be authorized to execute the undertaking agreement between the village and New York State Department of Transportation in form agreed to by village attorney,form NYSDOT PERM 1 dated February 2012. Board of Trustees Meeting July 23,2013 Page 5 of 10 He asked for a motion and second to approve the resolution. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye 3) Considering referring modifications regarding the Scenic Roads Overlay District to the Planning for Report and Recommendation Mr. Bradbury read the following resolution: CONSIDERING REFERRING AMENDMENTS REGARDING THE SCENIC ROADS OVERLAY DISTRICT TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION NOW THEREFORE BE IT RESOLVED,the proposed amendments regarding the Scenic Roads Overlay District is hereby referred to the Rye Brook Planning Board for report and recommendation; and be it BE IT FURTHER RESOLVED,that the Board of Trustees directs that,pursuant to General Municipal Law§239-m and Westchester County Administrative Code§277.61,the proposed site plan amendment be referred to Westchester County Department of Planning for notification,no less than 30 days prior to the public hearing concerning the proposed site plan amendment Mr. Bradbury noted that one of the priorities of the Village Board was to streamline the Village Code in order make the regulations less burdensome. The goal is to take the local law and tweak it a little bit. The amendments will to protect the character of the neighborhood. There were some significant changes. To summarize The Board is relinquishing some authority in the decision making, and simplifying the process. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting July 23,2013 Page 6 of 10 Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye 4) Considering setting a public hearing to consider modifications to Chapter 250 of the Village Code regarding generators Mr. Bradbury read the following resolution: CONSIDERING SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW AMENDING CHAPTER 250 OF THE VILLAGE CODE REGARDING GENERATORS NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on September 10, 2013 at 7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider amending Chapter 250 of the Village Code regarding generators; and be it BE IT FURTHER RESOLVED,that the Board of Trustees directs that,pursuant to General Municipal Law§239-m and Westchester County Administrative Code§277.61,the proposed site plan amendment be referred to Westchester County Department of Planning for notification,no less than 30 days prior to the public hearing concerning the proposed site plan amendment. Mr. Bradbury gave a brief presentation, noting that this matter was discussed at prior Board of Trustee meetings, and a work session. The setback requirements have been removed, and now the equipment will be required to be closer to the applicant's home versus the neighboring houses. There are also landscaping requirements. These amendments pertain to permanent stand-by generators. Portable generators are not covered by this law. The goal is to streamline the process in regard to generators. This matter will be heard by the Planning Board at their July 23rd meeting. The Village's Consultant, and Village Engineer, are reviewing the local law and the proposed amendments. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Board of Trustees Meeting July 23,2013 Page 7 of 10 Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye With the consensus of the Board,a resolution was added. RESOLUTION 5) Considering an appointment to the Architectural Review Board Mr. Bradbury read the following resolution: CONSIDERING AN APPOINTMENT TO THE ARCHITECTURAL REVIEW BOARD WHERAS,there is an unexpired term to be filled on the Architectural Review Board; and WHEREAS, Christopher W. Scala of 6 Country Ridge Drive has volunteered to fill the unexpired term. NOW,THEREFORE BE IT RESOLVED,the Christopher W. Scala of 6 Country Ridge Drive is hereby appointed to Allan Willig's unexpired term on the Architectural Review Board for a term to expire on the first Monday in April, 2016. Deputy Mayor Rednick thanked Mr. Scala for volunteering. The Village is always looking for volunteers for various boards and committees. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye An additional resolution was added: 6) CONSIDERING APPROVING A MODEL RYE BROOK POLICE SERVICE AGREEMENT FOR SPECIAL DUTY ASSIGNMENTS AND CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE Board of Trustees Meeting July 23,2013 Page 8 of 10 Mr. Bradbury read the following resolution: CONSIDERING APPROVING A MODEL RYE BROOK POLICE SERVICE AGREEMENT FOR SPECIAL DUTY ASSIGNMENTS AND CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE WHEREAS,the Village desires to establish a procedure for the hiring of Police Officers for special duty assignments beyond normal police patrol; and WHEREAS,these special duty assignments shall be reviewed and approved by the Chief of Police under certain departmental rules and regulations; and WHEREAS,these special duty assignments should be accompanied by a signed Service Agreement between the village and the individual or agency that is requesting the special assignment; and WHEREAS,the individual or agency that is requesting such special assignment shall pay a fee established by the Village Board. NOW,THEREFORE BE IT RESOLVED,that the Village of Rye Brook Board of Trustees hereby adopts the language and format of the model Rye Brook Police Service Agreement- Duty Assignment(the"Agreement); and be it further RESOLVED,that following the approval of the special duty assignment by the Chief of Police,the Administrator/Clerk shall be authorized to sign the Agreement on behalf of the Village of Rye Brook for such special duty assignments; and be it further RESOLVED,the License and Permit Fee Schedule is hereby amended to add the following fee: Special Police Duty Assignment $100.00 per hour (3 Hour Minimum) Mr. Bradbury noted that the Village's procedure are for special assignments for police officers. When police officers are hired by an outside agency such as a utility company,they are hired to work within the Village. The Village recommending that this procedure be brought in house. The Police Chief would still be the one approving the assignments. Agreements and insurance will be put in place, and the overtime will go through the Village. The Village has a drafted agreement. A fixed fee will also be set. Mr. Bradbury noted that he has recommended that this be approved. Edward Beane, Esq.,noted that there are no options. Board of Trustees Meeting July 23,2013 Page 9 of 10 On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. The roll was called: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Deputy Mayor Jeffrey Rednick Voting Aye ADMINISTRATOR'S REPORT: Mr. Christopher Bradbury, Village Administrator, addressed the Board. The completion date for repairs on the Ridge Street Bridge has moved back. The Village's biggest concern is that the project be completed before school starts. At this time the work on the bridge is on-date. The hope is that the date does not slip any further back. The Village is hosting Shakespeare in the Park on Saturday, August 10th at, at Pine Ridge Park. Everyone is invited. We are hoping for good weather. Deputy Mayor Rednick noted that the next Board of Trustees meeting is scheduled for August 19, 2013. There will only be one meeting in the month of August. There being no further business before the Board, he called for a motion to adjourn to executive session. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the meeting was adjourned at 8:30 p.m. Mr. Burke called the roll: Trustee Susan Epstein Voting Aye Trustee David Heiser Voting Aye Acting Mayor Jeffrey Rednick Voting Aye Board of Trustees Meeting July 23,2013 Page 10 of 10