HomeMy WebLinkAbout2012-03-27 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES AGENDA
VILLAGE HALL, 938 KING STREET
TUESDAY, MARCH 27, 2012
7:00 P.M.- EXECUTIVE SESSION:
1) Teamsters Negotiations
7:30 P.M.- REGULAR MEETING:
ROLL CALL:
PLEDGE OF ALLEGIANCE:
REPORT:
AFFORDABLE HOUSING:
1) Resolution referring a petition to rezoning property located at 80 Bowman
Avenue from the C-1 Zoning District to the FAH zoning district to the
Planning Board for report and recommendation
PUBLIC HEARINGS:
1) Public hearing on an application for a proposed site plan amendment at Rye
Ridge Shopping Center
2) Public hearing on a site plan application for The Blind Brook Club located at
980 Anderson Hill Road
3) Public hearing on a Tier III Home Occupation Permit application for a
business located at 4 Westview Avenue, Rye Brook
RESOLUTIONS:
1) Considering an application for a proposed site plan amendment at Rye Ridge
Shopping Center
2) Considering a site plan application for The Blind Brook Club located at 980
Anderson Hill Road
3) Considering a Tier III Home Occupation Permit application for a business
located at 4 Westview Avenue, Rye Brook
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4) Considering awarding contract #12-01 "Residential Sanitation Collection
Service Including Recycling, Bulk Trash and Organic Yard Waste"
5) Considering an application for the removal of significant trees at 83 North
Ridge Street
6) Considering an amendment to the License and Permit Fee Schedule for certain
day camp fees
7) Considering entering into an agreement with the Carver Center for the use of
certain facilities by the Village Recreation Department
8) Considering the approval of minutes— February 14, 2012 and February 28,
2012
ADMINISTRATOR'S REPORT:
1) Overview of the 2012-2013 Tentative Budget
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
April 4 & April 24, 2012
BOARD: Trustee Michael S. Brown
Trustee Toby S. Marrow
Trustee Jeffrey B. Rednick
Trustee Paul S. Rosenberg
Mayor Joan L. Feinstein
STAFF: Christopher J. Bradbury, Village Administrator
David Burke, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Fred Seifert, Public Access Coordinator
Shari Melillo, Meeting Secretary
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Mayor Feinstein stated that this would be the last board meeting for Trustee Brown. He
has served the Village very well for the last 7 years and there will be a brief ceremony at
the end of tonight's meeting. Mayor Feinstein also congratulated David Heiser who was
elected to the Board in last weeks election and who will be sworn in along with Trustee
Rosenberg next Wednesday, April 41"at 6:30pm.
AFFORDABLE HOUSING:
1) Resolution referring a petition to rezoning property located at 80
Bowman Avenue from the C-1 Zoning District to the FAH zoning
district to the Planning Board for report and recommendation
Mr. Bradbury read the resolution:
REFERRING A PETITION TO REZONE PROPERTY LOCATED AT
80 BOWMAN AVENUE FROM THE C-1 ZONING DISTRICT TO THE
FAH ZONING DISTRICT TO THE PLANNING BOARD FOR REPORT
AND RECOMMENDATION
WHEREAS, the Board of Trustees is in receipt of a Petition submitted by Bowridge
Commons, LLC pursuant to Section 250-26.1(E)(2) of the Village Code to rezone property
located at 80 Bowman Avenue, designated as Section 141.27, Block 1, Lots 26, 31 & 32 on
the Town of Rye Tax Map, from the C-1 Zoning District to the Fair and Affordable
Housing ("FAH") Zoning District; and
WHEREAS, the Petition submitted by Bowridge Commons, LLC is in
furtherance of and is hereby made a part of the previously submitted Site Plan and
Subdivision application by Bowridge Commons, LLC seeking approval for 16 units
of affordable housing; and
WHEREAS, the Board of Trustees is the Approval Authority, for the
application in accordance with Sections 209-1(A)(1) and 250-26.1 of the Village Code;
and
WHEREAS, on April 12, 2011 the Board of Trustees, pursuant to the State
Environmental Quality Review Act (SEQRA) determined the proposed action to be
an Unlisted Action pursuant to SEQRA to proceed with an uncoordinated review.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
hereby refers the Petition of Bowridge Commons, LLC to the Planning Board for
Report and Recommendation.
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Mayor Feinstein gave a brief explanation of the new FAH zoning district that "floats"
over the district and an application has to be submitted to the Village to come within the
parameters for this new district. The Planning Board will have jurisdiction as far as the
report and recommendation in regard to zoning and the site plan.
Mr. Bradbury added that the pre submission sketch plan conference took place which is
also a requirement.
On a motion made by Trustee Rednick and seconded by Trustee Brown, the resolution
was approved and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
PUBLIC HEARINGS:
2) Public hearing on an application for a proposed site plan amendment at
Rye Ridge Shopping Center
On a motion made by Trustee Brown and seconded by Trustee Marrow the Public
Hearing was opened and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. Jim Ryan of John Meyer Consulting addressed the Board and gave a brief overview
of the project which includes changes/upgrades to handicapped parking and an additional
trash enclosure which has been placed in the front parking lot at the base of the stairs
from Ridge Street and Bowman Avenue.
Trustee Rosenberg expressed concern with the placement of the dumpster and asked if it
was the absolute last final place it could go or if it was the place of choice or is it possible
to push it into the slope to make it less visible.
Mr. Ryan responded that the enclosure is well planted and well concealed and is enclosed
in a board on board enclosure. The location was chosen because it is an area that will not
be problematic because it is an area that is least parked in and is away from the
walkways.
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Mr. Peter Stahl of WinRidge Realty added that operationally it needs to be where a truck
can access it to empty it. With regard to visibility, you will not see it from Ridge Street
but you will see it from Bowman Avenue but pushing it into the slope will require a
retaining wall and won't change the visibility. He believes it is in the best place for the
tenants and best place for the neighbors as it is far away from them.
Trustee Brown has not question but stated that he feels strongly that this is not a good
location. This area is the central point of Rye Brook and he believes you will see it from
Ridge Street as well as Bowman Avenue and you can certainly see it from anywhere in
the parking lot. In his opinion, it is the worst possible place to put it.
Mr. Stahl responded that because it is in the front of the shopping center, it will be
incumbent on them to keep it as clean and neat as possible. We believe we make changes
that effect the shopping center in a positive way and balance everyone's concerns. The
grade change is 8' the fence is 6' and then there are the plantings as well. Mr. Stahl does
not believe you will notice it and it is the best place for the enclosure.
Mayor Feinstein asked if they attempted a simulation of what it would look like from the
different elevations. She has no doubt it will be seen from Bowman but she also looks at
this as a balancing with not putting more in the rear of the shopping center where there
are homes.
Trustee Rednick drove around the shopping center and also believes it will be seen on
Bowman Avenue but he does not believe it will be seen from Ridge Street. He believes it
is the lesser of all evils and is out of the way of walking traffic as well.
Mayor Feinstein asked about the parking utilization study and asked what has happened
in regard to the drop in available parking from 200 spaces down to 52 available spots.
Mr. Ryan explained that they did a build out scenario when they did the parking study.
This is in theory is a full build out with full operation of the center.
Mr. Dean Santon, Hillandale Road, agrees with some of the Board that this is an ill
conceived structure and in his opinion they should build an enclosure with a roof on it as
the small dumpsters can be wheeled out. The roof with help with the visibility and the
odor as well. In his opinion, the plan as proposed should be rejected.
Trustee Marrow asked about the odor and the impacts on the kids walking back and forth
to school on Bowman Ave.
Mr. Stahl responded that the dumpsters will be 5 yarders and will be on wheels but it is a
hill and it will not be workable. With regard to odor control, there always is an option if
they start to smell in the summer months as they have deodorants that they use. He does
not believe it will be an issue because this is not a compactor and it will not sit as long
because the garbage will be picked up more often. As for the kids, they cross from the
other side of the street where the sidewalk is.
Trustee Rosenberg asked about the pad for the photo booth and if it is being removed to
which Mr. Stahl responded yes and will become two parking spaces. Trustee Rosenberg
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asked if the dumpsters are covered— yes — he asked about the deodorants if they require
water—no they do not—and in terms of who will be able to use the new dumpsters and if
they are limiting the use. Mr. Stahl responded that they are controlling who will use that
new pad and it will most likely be Chipotle and Buddha. Mayor Feinstein asked about
controlling the times when the garbage will be moved to which Mr. Stahl explained that
they are confronted with that now and he can't control when a tenant needs to take out
their trash. He further stated that during the peak times they don't take garbage out
because they are too shorthanded to send someone out with it— they take it out after the
fact.
Mayor Feinstein inquired about the proposed walkways being different from what is there
now as she believes they should all be the same.
Mr. Stahl responded that it is a substantial amount of money to do them the same way
now. The red brick pavers are ridiculously expensive and the most effective traffic
management to slow people down for pedestrians is the signs that are placed in the
walkways. The striping will be plain white.
There being no further questions or comments, Mayor Feinstein called for a motion to
close the Public Hearing. On a motion made by Trustee Marrow and seconded by Trustee
Rednick, the Public Hearing was closed and Mr. Bradbury called the roll:
TRUSTEE BROWN NAY
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. Bradbury read the resolution:
CONSIDERING AN APPLICATION FOR A SITE PLAN AMENDMENT
AT THE RYE RIDGE SHOPPING CENTER
WHEREAS, Peter Stahl, on behalf of property owner Win Ridge Realty,
LLC, submitted an application for a site plan amendment for parking lot
improvements, installation of a customer kiosk, and installation of a fenced trash
receptacle at property located at 100-150 South Ridge Street, 1-34 Rye Ridge Plaza
and 158-204 South Ridge Street, at the intersection of South Ridge Street and
Bowman Avenue, designated on the Tax Map of the Town of Rye as Section 141.27,
Block 1, Lots 1 and 6, and located in the C1-P Zoning District and the Bowman
Avenue Scenic Roads Overlay District; and
WHEREAS, the Board of Trustees has final site plan approval authority
pursuant to Village Code 209-1(A)(1); and
WHEREAS, the Village Board of Trustees has received and reviewed the
information submitted by the Applicant in connection with the application, as
follows:
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1. Site Plan Application
2. Site Plan Submittal Review Check List
3. Sign Permit Applications
4. Exterior Building Permit Application
5. Short Environmental Assessment Form
6. Table of Land Use, no date
7. "Site Improvement Plan, Sheet SIP-1," dated 3/30/11, revised 10/27/11
prepared by John Meyer Consulting, Armonk, N.Y.
8. Sign Fabricator's Drawings, prepared by Sign Design/JC Awnings, Port
Chester, N.Y.:
Sheet Number Sheet Title Dated
SG1 Signage Reface and Simplification 4/10/11 rev. 10/25/11
SG2 Aluminum Fabricated Signage 10/10/11 rev.
10/25/11
SG3 Rye Ridge Directional Signage 2/3/11 rev.
10/27/11; and
WHEREAS, on December 13, 2011 upon review of the Environmental
Assessment Form submitted by the Applicant the Board of Trustees has, pursuant
to the State Environmental Quality Review Act (SEQRA), determined the
proposed action to be an Unlisted action, and on February 14, 2012 declared itself
Lead Agency pursuant to SEQRA; and
WHEREAS, on December 13, 2011 the subject application was referred to
the Village of Rye Brook Planning Board for Report and Recommendation; and
WHEREAS, the Planning Board considered the subject application at its
February 9, 2012 meeting and referred a Report and Recommendation to the
Board of Trustees on February 9, 2012; and
WHEREAS, on February 14, 2012 the Board of Trustees referred the
application to the Village of Rye Brook Zoning Board of Appeals for
consideration of any variance necessary due to the Scenic Road Overlay District
requirements and it was later determined by the Village of Rye Brook Building
Inspector that no variances are required; and
WHEREAS, on February 29, 2012 the subject application was referred to
the Westchester County Department of Planning for notification only; and
WHEREAS, on March 15, 2012 the subject application was referred to the
Village of Port Chester and the Town/Village of Harrison; and
WHEREAS, on March 27, 2012 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 March 27, 2012; 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
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WHEREAS, the Board of Trustees is familiar with the site and all aspects
of the project.
NOW, THEREFORE, BE IT RESOLVED, that the subject application to
amend an approved Site Plan for parking lot improvements, installation of a
customer kiosk, and installation of a fenced trash receptacle as shown on the plans
referenced herein, at property located at 100-150 South Ridge Street, 1-34 Rye
Ridge Plaza and 158-204 South Ridge Street, 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 Marrow and seconded by Trustee Rednick, the
resolution was adopted and Mr. Bradbury called the roll:
TRUSTEE BROWN NAY
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
3) Public hearing on a site plan application for The Blind Brook Club
located at 980 Anderson Hill Road
On a motion made by Trustee Marrow and seconded by Trustee Rednick, the Public
Hearing was opened and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. John Scarlato, Architect for the applicant addressed the Board and gave an overview
of the project. This is a bathroom/shelter which will have the same siding and roofing to
match the club house and is not visible by neighbors. The second half of the project is the
generator which is outside the main building enclosed by a cedar fence which is 4 feet
high with landscaping to hide the tank and the generator. It is the best place for it because
it is level ground and the electrical is in the same place. No adverse affects to surrounding
neighbors will occur as the generator is right up against the clubhouse.
There being no question or comments from the Board or the public, Mayor Feinstein
called for a motion to close the Public Hearing and on a motion made by Trustee Marrow
and seconded by Trustee Rednick, the Public Hearing was closed and Mr. Bradbury
called the roll:
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TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. Bradbury read the resolution:
CONSIDERING AN APPLICATION FOR A SITE PLAN AMENDMENT AT 980
ANDERSON HILL ROAD FOR THE BLIND BROOK CLUB
WHEREAS,John Scarlato,Jr.,Architect, on behalf of property owner The Blind Brook
Club, has submitted an application for a site plan amendment to replace the existing
bathroom/shelter building at the 6th/13th tee of the golf course and to legalize the installation of
a 60 kw natural gas fired generator and a 1,000 gallon above-ground fuel storage tank at property
located at 980 Anderson Hill Road and designated on the Tax Map of the Town of Rye as
Section 129.50, Block 1, Lot 1 and located in the R-20 Zoning District and the Anderson Hill
Road Scenic Roads Overlay District; and
WHEREAS, the Board of Trustees has final site plan approval authority pursuant to
Village Code �§ 209-1(A)(1); and
WHEREAS, the Village Board of Trustees has received and reviewed the information
submitted by the Applicant in connection with the application, as follows:
9. Exterior Building Application
10. Site Plan Application and Checklist
11. Application to Install a Permanent Standby Backup Generator
12. Fence/Wall/Gate Permit Application
13. Short Environmental Assessment Form
14. Architect's Plans,prepared by John G. Scarlato, Jr., Architect, Armonk,N.Y.:
Sheet Number Sheet Title Dated
A-1 Site floor Plan, Elevations,
Foundation Plan, Electrical 10/24/11
A-2 Shelter Floor Plan, Foundation Plan
Exterior Elevations, Section 10/24/11
A-3 Plot Plan and Location Map 10/24/11
A-4 Site Plan (generator) 1/8/12
A-5 Landscape and Fence Plan 1/25/12
15. Engineer's Plans,prepared by Ahneman Kirby, Associates, Inc., Rye Brook,N.Y.:
Sheet Number Sheet Title Dated
SP-1 Site Plan 10/19/11
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SP-2 Site Plan 1/12/12
SP-3 Site Plan 1/12/12; and
WHEREAS, upon review of the Environmental Assessment Form submitted by the
Applicant the Board of Trustees has,pursuant to the State Environmental Quality Review Act
(SEQRA), determined the proposed action to be a Type 11 action; and
WHEREAS, on December 13, 2011 the subject application was referred to the
Village of Rye Brook Planning Board for Report and Recommendation; and
WHEREAS, the Planning Board considered the subject application at its March 8,
2012 meeting and referred a Report and Recommendation to the Board of Trustees on March
8, 2012; and
WHEREAS, on March 15, 2012 the subject application was referred to the
Westchester County Department of Planning for notification only, and to the Town of
Greenwich, CT and the Town/Village of Harrison; and
WHEREAS, on March 27, 2012 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
March 27, 2012; 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 Applicant has requested a waiver from those items marked as N/A
on the Site Plan Review checklist and the Superintendent of Public Works' March 8, 2012
memorandum recommends approval of the requested waivers, except for the requirement that
a localized survey for the two areas of construction (including topographical information for
the restroom area) should be submitted and the requirement that any proposed screening of
outdoor storage areas be shown on the site plan; and
WHEREAS, the Board of Trustees is familiar with the site and all aspects of the
project.
NOW, THEREFORE, BE IT RESOLVED, that on the recommendation of the
Superintendent of Public Works and the Village Planning Board, the Village of Rye Brook
Board of Trustees hereby grants the Applicant's request for a waiver from the submission of
items required by the Site Plan Review checklist, except that localized, certified survey for
the two areas of construction (including topographical information for the area of the
proposed restroom) shall be submitted and it is noted that the Applicant has proposed
sufficient screening for the outdoor storage area consisting of the generator and fuel storage
tank, thereby making this waiver moot; and
BE IT FURTHER RESOLVED, the subject application to amend an approved Site
Plan to replace the existing bathroom/shelter building at the 6th/13"'tee of the golf course and
to legalize the installation of a 60 kw natural gas fired generator and a 1,000 gallon above-
ground fuel storage tank at property located at 980 Anderson Hill Road, is hereby approved,
subject to the following conditions:
1. An anti-tracking pad shall be installed near the area of work to mitigate against the
tracking of sediment offsite.
2. Septic system leach fields shall be protected by orange construction fencing during
construction; and
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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 Marrow and seconded by Trustee Rednick, the resolution
was adopted and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
4) Public hearing on a Tier III Home Occupation Permit application for a
business located at 4 Westview Avenue, Rye Brook
On a motion made by Trustee Marrow and seconded by Trustee Brown, the Public
Hearing was opened and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Demetrios Adamis, Attorney for the Applicant, addressed the Board and gave an
overview of the application. The property is a two family residence where the applicant
lives on the first floor and has use of the basement. The allocation of the home
occupation is 462 square feet. The operation of the company, a trading company for
pigments and dyes, is such that no products are stored on the premises; they do not see
clients or customers an; there are no signs. It is a family business with the applicant and
her parents who are also Rye Brook residents and live on Country Ridge Drive. There is
no noise, no odors and no disturbance to neighbors as all they do is paperwork and
invoices. The actual products are manufactured overseas as their customer base is South
America. Their hours of operation are Monday to Friday from 9 to 5. They have been in
business since 2005. There have been no complaints received and most people are not
even aware there is a business there.
Ines Martins, the applicant, addressed the Board stating that the neighbors are not aware
that they run a business there. There is no interaction with clients or suppliers on the
premises. They are solely paper pushers and there are not parking issues either.
Dom Cervi of Dixon Street stated that he had a few concerns about this operation and
believes that the Board allowing people to operate businesses out of their homes is spot
zoning. This is an area that is a residential two family area and he believes the Village is
making a mistake to start allowing people to run businesses like this. In his opinion it is
not good for the area and not good for the residents.
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Mayor Feinstein explained that this is a permitted use with permission of this Board and
under certain parameters which are covered in the Village Code. The applicant is
legalizing a business that has been in operation for 7 years.
Mr. Bradbury added that there are inspections done regularly by the Building
Department. He also noted that home occupations are allowed in all zones throughout the
Village of Rye Brook
Eddie McLaughlin of 24-26 Westview addressed the Board stating that the applicant has
been an excellent neighbor and they are only here tonight to see what the business was.
He is more concerned about the illegal tenants but for this application he has no
problems. She is an excellent neighbor and they have no concerns.
On a motion made by Trustee Brown and seconded by Trustee Rednick, the Public
Hearing was closed and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Trustee Rednick asked about legalizing the basement to which the attorney responded
that the Building Department has issued a violation and the issue is ongoing.
Mr. Bradbury read the resolution:
CONSIDERING A TIER III
HOME OCCUPATION PERMIT FOR A BUSINESS LOCATED AT 4
WESTVIEW AVENUE
WHEREAS, Reimer and Ines Martens/RMC International, Inc., has
submitted an application to the Village of Rye Brook Board of Trustees for a Tier
III Home Occupation Permit to legalize the existing administrative offices of
RMC International, Inc., a trading company for pigments, dyes and other textile
products, for property located at 4 Westview Avenue, owned by Reimer and Ines
Martens, in an R-2F zoning district, said premises being known and designated on
the tax map of the Village of Rye Brook as Parcel ID# 141.35-2-4; and
WHEREAS, the Board of Trustees of the Village of Rye Brook has
determined that the application is a Type II Action and are therefore not subject to
the requirements of the State Environmental Quality Review Act ("SEQRA"); and
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WHEREAS, a Public Hearing was held on March 27, 2012 to consider the Tier
III Home Occupation Permit under the terms and conditions set forth in the Village Code
and was subsequently closed on March 27, 2012.
NOW, THEREFORE BE IT RESOLVED, that the Board of Trustees of the
Village of Rye Brook hereby grants a Tier III Home Occupation Permit to Reimer and
Ines Martens at 4 Westview Avenue, Rye Brook,NY in accordance with Village Code.
On a motion made by Trustee Brown and seconded by Trustee Marrow, the resolution
was adopted and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mayor Feinstein called for a 5 minute recess
5) Considering awarding contract #12-01 "Residential Sanitation
Collection Service Including Recycling, Bulk Trash and Organic
Yard Waste"
Mr. Bradbury read the resolution:
CONSIDERING AWARDING CONTRACT#12-01
Residential Sanitation Collection Service INCLUDING RECYCLING, BULK
TRASH AND ORGANIC YARD WASTE
WHEREAS, the Village of Rye Brook has solicited bids for Contract#12-01
"Residential Sanitation Collection Service including Recycling, Bulk Trash and Organic
Yard Waste"; and
WHEREAS, public notice was duly advertised in the official newspaper of the
Village of Rye Brook on January 27, 2012; and
WHEREAS, five bids were received by the due date of Wednesday, February 22,
2012 at 10:00 a.m., at which time all received bids were opened as summarized below;
and
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BIDDER BID ALTERNATIVE Bid 1 Opt. Bid 1 Opt. A Bid 2 Opt. B Bid 2 Opt. B BID
BOND
2-Year 3-year 2-year 3-year
1. AAA Carting and Rubbish
Removal,Inc $1,575,362.40$2,394,144 $1,497,122.40$2,276,784 Yes
2. R&S Waste Services, LLC. $1,643,040 $2,464,560 $1,564,800 $2,347,200 Yes
3. CPR Sanitation,Inc. $2,073,360 $3,110,040 $1,956,000 $2,934,000 Yes
4. Finocchio Brothers, Inc. $2,308,080 $3,462,120 $2,229,840 $3,344,760 Yes
5. Suburban Carting Corp $2,509,130 $3,801,455 $2,343,705 $3,550,830 Yes
NOTE: Bid I Option A is a contract with rear yard collection
Bid 2 Option B is a contract with curb-side collection
WHEREAS, upon reviewing the bids, the Village Administrator and Superintendent
of Public Works/ Engineer have determined that it is in the best interest of the Village to
choose a three-year contract, rear-yard collection and that lowest responsible bidder
meeting the requirements of the contract is AAA Carting and Rubbish Removal, Inc. for
the three-year total bid price of$2,394,144.
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Village of Rye
Brook Board of Trustees awards Contract#12-01 "Residential Sanitation Collection
Service including Recycling, Bulk Trash and Organic Yard Waste" to AAA Carting and
Rubbish Removal, Inc. for the three-year total bid price of$2,394,144 subject to the
following condition:
1. That the Westchester County Solid Waste Commission approves the request by
the Village to enter into a three-year contractual agreement for solid waste
collection services; and be it
FURTHER RESOLVED, that, should the Westchester County Solid Waste
Commission deny the submitted request, that the Village of Rye Brook Board of Trustees
awards Contract #12-01 to AAA Carting and Rubbish Removal, Inc. a two-year contract,
rear-yard collection for the total bid price of$1,575,362.40; and be it
FURTHER RESOLED, that the Mayor is hereby authorized to execute and deliver
all documents necessary or appropriate to accomplish the purposes of this resolution.
A motion was made by Trustee Brown and seconded by Trustee Rednick.
Discussion:
Mayor Feinstein stated that this would probably be the same conversation from 3 years
ago— curbside or rear yard. If things were to stay the same as they are now, there would
be an immediate savings of$80,000 and additional $30,000 if it was to change to
curbside pickup. Her position is we should go to curbside which is a $40,000 savings or
$120,000 over 3 years. Part of the additional savings comes about because bulk trash is
being changed to two times a month instead of every week. She understands all the
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concerns but believes there are ways around them and basically it becomes a financial
decision.
Mr. Dick Hubert of Doral Greens Drive addressed the Board and stated that he was also
here three years ago on the same subject. He spoke about when visiting his son in Sandy
Springs which is a city of 100,000 and they have outsourced everything. It seems that the
residents deal directly with the outsourced sanitation company. They decide which
service they want for their home and they make payment directly to the sanitation
company themselves. He believes that there is no reason that could not happen here and
wants to make that proposal tonight. In Doral they bring their garbage to the curb and the
older residents are helped by the younger residents. He believes it is essential that this
Board set a precedent and be a model in cutting every budget line. It is critical in his
opinion. He noted that our schools enrollment is going down while everyone else is going
up and he believes that taxes are pushing people out of Rye Brook. He believes putting
the responsibility to certain residents that want certain things like backyard pickup should
pay for it themselves.
Mayor Feinstein believes that enrollment is down because people like her, the older
generation, are not moving out because they are happy here.
Mr. Buzin asked about bidding with the school to save money. Mr. Bradbury responded
that it was done and the school actually benefited and got a much lower price.
Trustee Brown believes this is a significant issue for many people in the community as he
has received many emails. He complimented Mr. Hubert on his speaking style but
disagrees that a government should allow its residents to have ala carte choice. It is true
that different people care about different things—some may care about the Recreation
Department while others don't care at all. There are 60 percent of the residents using rear
yard pick up and he believes that is a substantial number. He has seen many times where
cans are at curbside and end up getting knocked over and garbage is all over the street.
He feels it is not just a perk but more of a necessity. He is very pleased that the bid came
in less them we expected and while we would pay less with curbside,he believes this
benefits the entire community and he is for side yard.
Mr. Hubert is not arguing for some of the points suggested but believes that one should
not have to pay for what his neighbor wants. He pays for an alarm fee but wouldn't
expect his neighbor to have to pay for it if he chooses not to have one.
Lidia Nioras of 61 Hillandale Road did not come here to talk about this but felt
compelled to. She agrees with Trustee Brown and does not want to drag cans to curb as
her husband is no longer able to do it and would prefer paying more every year to have
the service. She would like garbage pickup to stay the way it is.
Dean Santon of Hillandale Road thinks it is great to save money and he believes this
Board does a good job with that but he agrees with Trustee Brown that you can't make
people pay for what they value or use. Sixty percent is a large amount of people and you
will have a visual blight if you go curbside two times a week.
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Mr. Bradbury added that it is possible to bid for curbside with a fee for rear yard service
but the cost becomes much higher as a result.
Ken Berman of 20 Mohegan Lane stated that the Village didn't have to pay a lot of
money for snow removal this year and to save $120,000 over three years to him is a "no
brainer".
Mr. Hubert asked what it would cost if it went to a rear yard service fee and Mr.
Bradbury explained he does not have that in front of him because the Board chose not to
go in that direction.
Trustee Elect David Heiser of Oriole Place was reluctant to get into this trash talk but
feels he has to. As an empty nester there are two services the Village provides that he
depends on—garbage and snow plowing - and he says moving to curbside would be
detrimental.
Trustee Rednick agrees with Trustee Elect Heiser and Trustee Brown. He drove through
White Plains today and there were garbage pails and lids everywhere. He is also
concerned with the elderly and disabled and if you can really rely on other people. We
have done a great job at keeping the budget down but this would impact the Village and
he is in favor in keeping it rear yard.
Trustee Marrow believes this would be a big change in the level of service and she
understands that there are fiscal restraints. However, just putting a number on what you
are saving she is not so sure that people won't have to spend money in other areas to
mitigate problems that would arise if switching to curbside.
Trustee Rosenberg stated that this Board did discuss this 3 years ago and at that time he
spoke passionately about retaining year yard pick up. While he understands Mr. Hubert's
concerns and appreciates his ideas,he believes it is a big part of what people like about
living here. This village is incredibly frugal and we know there can be big expenses in the
future such as the ball field and the infrastructure. We don't get into the business of
trying to charge people for every single thing that they choose to do but there are things
we provide here that make this a great place to live. The taxes going up are not a result
necessarily of reckless spending on the Village's part and Trustee Rosenberg stated that
he supports retaining the current level of service. There will be a change in the service,
however, as the bulk pickup will be two times a month with the new contract as opposed
to once a week.
Mayor Feinstein called for a vote on rear yard pickup as opposed to curbside:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN NAY
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5) Considering an application for the removal of significant trees at 83 North
Ridge Street
Mr. Bradbury read the resolution:
CONSIDERING AN APPLICATION FOR THE REMOVAL OF SIGNIFICANT
TREES AT 83 NORTH RIDGE STREET
WHEREAS, Mr. and Mrs. Wayne Elmore the owners of 83 North Ridge Street,
Rye Brook applied for a Tree Removal Permit for a thirty-seven (37) inch diameter,
sixty-five (65) foot high Oak and a thirty-two (32) inch diameter, seventy (70) foot high
Oak Significant Trees at said property on January 24, 2012; and
WHEREAS, under section 235-21 of the Village of Rye Brook Village Code no
Significant Tree shall be removed without the approval of the Village Board of Trustees;
and
WHEREAS, said trees are considered a Significant Trees.
NOW, THEREFORE BE IT RESOLVED, the Board of Trustees hereby
approve the Tree Removal Permit application made by Mr. and Mrs. Wayne Elmore for
the removal of the following:
Thirty-seven(37) inch diameter, sixty-five (65) foot high Oak
Thirty-two (32) inch diameter, seventy (70) foot high Oak; and be it
FURTHER RESOLVED, Mr. and Mrs. Wayne Elmore, the homeowners will
pay into the Street Tree/ Shade Tree fund for the required four (4) tree replantings at
$125/tree for a total of$500.
A motion was made by Trustee Brown and seconded by Trustee Rednick
Discussion:
Mike Nowak gave an overview. These are two significant oaks, one has a cavity
approximately 20 feet up and the other shows progressive signs of a fungi or mushrooms
Oaks are noted for their root zone decay where it causes the roots to become incapable of
supporting the tree. As for the replanting, the homeowners did raise some concerns about
there only being a small piece of open yard in the front of their home. As a courtesy we
recommended that they pay into the street tree fund instead of replanting.
Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
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TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN NAY
6) Considering an amendment to the License and Permit Fee Schedule
for certain day camp fees
Mr. Bradbury read the resolution:
CONSIDERING AN AMENDMENT TO THE LICENSE AND PERMIT FEE
SCHEDULE FOR CERTAIN DAY CAMP FEES
WHEREAS, on March 21, 2012 the Village of Rye Brook received a request
from the Blind Brook School District Director of Pupil Services to provide reduced day
camp fees for those students that receive extended school year special education services
by school district personnel at Rye Brook's day camp; and
WHEREAS, during part of the camp day, these students receive individualized
instruction at Crawford Park by school district personnel and not village day camp staff.
NOW THEREFORE BE IT RESOLVED, that effective with the 2012 Day
Camp, the License and Permit Fee Schedule is amended to provide a 20% discount off
Rye Brook's day camp enrollment fees for any students that attend the day camp and also
receive special education services during day camp hours from personnel hired by a
school district located in Rye Brook; and be it
A motion was made by Trustee Brown and seconded by Trustee Rednick.
Discussion:
Mayor Feinstein stated that we had this same discussion last summer. These are students
that have an IEP and will attend camp but will have to be pulled during the day to attend
to educational instruction at Crawford Park as well.
Trustee Rosenberg believes we set a very fair fee for the camp at Crawford Park and
certainly parents have a right to take their kids out of camp for the day or half day if they
so choose. The Village is already subsidizing to some extent the Rye Brook Camp and he
would not be in favor of amending the fee.
Mayor Feinstein pointed out that this is not necessarily a choice but part of the school
program because students with an IEP are 12 months a year.
Mrs. Nioras of Hillandale Road spoke and she stated that she has an 1 I year old autistic
son who has to have services 12 months out of the year or he regresses. In the past
taxpayers had to pay for bussing to out of district facilities to reinforce what they have
learned during the year. Her issue is that her son requires a lot of attention and she
wanted to lessen the cost to the taxpayer and also to keep her son in the community. She
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took the initiative and spoke with the school. Supervisor Carvin allowed them to use the
rooms in the mansion and Mr. Bertolacci of Rye Brook Recreation immediately
accommodated this small group of children. The parents want to keep them in the
community. The parents of the children that are required to be educated in the summer
just want our kids to pay for what they utilize and asked if it could be made a little more
affordable for the parents.
Trustee Brown added that the discussion last year did not focus on who the child was but
was more about if we were to set some type of precedent to permit children with special
needs to get a discount. If we did that then wouldn't we have to do the same for parents
who pull their child out for some other reason? That was the analysis that he was going
through— it was more of if we start discounts for one we have to do it for everybody and
he was not willing to start questioning each parent and decide if it was a valid reason or
not.
Mrs. Nioras responded that she understands the concerns but the only children that should
be entitled to this discount should have an IEP. It is a contract with the federal
government and New York State that requires that the children be pulled out of camp and
receive education/therapies. The costs are enormous and she is just asking that a child
with an IEP be given consideration. This is not 100 children — it is maybe 8-10 children.
Last year alone 4 children did not come because they were denied a discount.
Mayor Feinstein added that last summer she came out in support of this. It is not a
slippery slope but one that is mandated once the IEP is in place the contractual obligation
is in place.
Trustee Rednick added that just by the letter written by the school he did not understand
it but after this discussion he would be in favor of granting the discount.
Trustee Marrow did not change her position because she voted in favor of it last year. She
does not believe we would be setting a precedent and we want to act like a community
here- these are children and it is a requirement.
Mr. Dean Santon, Hillandale Road stated that you can always talk about individuals and
you may want to accommodate a group of children or the parents of those children but he
does not think it is wise to mix school business with village business. He asked why the
school is asking Rye Brook to alter their fees. These mandates are for education and fall
on the backs of the schools districts. He believes you need to separate school business
from village business and believes you can be sympathetic but it has nothing to do with
the Rye Brook day camp which is a subsidized program to begin with.
Mrs. Nioras added that the Recreation Department allows you to sign up for the weeks
that you want to attend. In the case of her autistic son it has to be 6 weeks consecutive.
She does not agree with Mr. Santon about separating church and state. This is a
community and it's what is fair.
Mayor Feinstein noted that this is really two items: one is the 20 percent discount and the
other is for the waiver of the late fees.
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Trustee Marrow makes a motion to take out the last paragraph and approve the 20 percent
discount.
Mr. Bradbury called the roll on the amendment:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
Mr. Bradbury called the roll on the resolution as amended:
TRUSTEE BROWN NAY
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
7) Considering entering into an agreement with the Carver Center for the
use of certain facilities by the Village Recreation Department
Mr. Bradbury read the resolution:
CONSIDERING ENTERING INTO AN AGREEMENT WITH THE CARVER
CENTER FOR THE USE OF CERTAIN FACILITIES BY THE VILLAGE
RECREATION DEPARTMENT
WHEREAS, the Village of Rye Brook Recreation Department desires to enter an
agreement for the use of certain pool and related facilities at the Carver Center to support
the Rye Brook day camp; and
WHEREAS, in exchange for the use of the Carver Center pool and related
facilities at no cost to the village except for the cost for a Lifeguard and Water Safety
Instructor, the Carver Center will have use of Garibaldi Park for seven (7) weeks over the
summer from Monday through Friday, from 8:00 A.M. to 1:00 P.M. to hold a sports
camp.
NOW, THEREFORE BE IT RESOLVED, that the Mayor and Administrator
are hereby authorized to execute and deliver all documents necessary or appropriate for
the execution of said use agreement to permit use of the Carver Center pool for the Rye
Brook day camp, and to allow the use of Garibaldi Park for seven (7) weeks in the
mornings for the use of the Carver Center sports camp.
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Mayor Feinstein believes this is great and wants to commend Robert Bertolacci for his
work on this. It means more time in the pool and less cost to the Village. She believes it
is a wonderful partnership.
On a motion made by Trustee Rednick and seconded by Trustee Marrow the resolution
was adopted and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
9) Considering the approval of minutes— February 14, 2012 and February
28, 2012
By unanimous voice vote the minutes were approved
ADMINISTRATORS REPORT
Mr. Bradbury gave a brief update on the tentative budget and that it is available on the
website. There will be a more extensive discussion on April 4th and one work session has
already been held with a second scheduled as well. The tentative budget calls for a 1.46%
increase and he encourages people to attend the budget hearing if they want to be
involved.
Mayor Feinstein added that we are also having a Public Hearing next week about
overriding the tax cap which she is vehemently opposed to because it did not come with
mandate relief. There will be a forum the end of April sponsored by the League of
Women Voters with respond to unfunded mandates and she will be on the panel.
NEW BUSINESS
Trustee Brown stated that the Technology Commission has been working on reviewing
and revamping the guidelines for community videos during elections and should have it
ready for the 4/24 meeting and is asking it be put on the agenda. It is a good body of
work and the Board will have to make some decisions but presented it so everyone can
get an idea of what other communities are doing.
Mr. Dick Hubert addressed the Board and stated that he had just received a piece of news
from two representative of AAA Carting out in the parking lot who told him they can
provide bills to homeowners as well and they said that in the negotiations they offered to
provide the information and costs about back yard pickups and they were told to keep
quiet.
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Mr. Bradbury responded that the option was available but not chosen by the Board for the
bid.
Trustee Brown added that the information is accusatory and it takes out of context the
discussions that took place. The only thing that could be discussed is what is in that bid—
the village did research and got different costs and we decided on two different bid
options and that's how it went out. To quote other people is a misrepresentation and if
they were here I am sure the information would be different.
Mr. Dean Santon of Hillandale Road was a little surprised at our vendor if in fact this is
what happened. There is no negotiation in a bid—you can go back and watch the
streaming video. Any person can have an idea of what the costs will be. The fact is no
matter how many numbers or other community information, it does not mean it will
manifest itself at the bid opening. The owner's son is gossiping in the hallway and he
believes it is unprofessional and unseemly for someone who just got awarded a large bid.
He would have made more money if you bid it out ala carte so maybe there are sour
grapes but in any event he is very surprised and if any part is accurate he thinks it's
shameful and he hopes there is a conversation with the vendor tomorrow.
Mayor Feinstein stated that tonight is Trustee Brown's last meeting as Trustee. He has
been a Trustee for 7 years and when she was first elected, she did not know him and she
does not know if their paths would have crossed if they had not been on this Board
together. She added that it has been a pleasure and pointed out that Trustee Brown has the
uncanny ability to dissect the issues. His diplomacy is admirable and the respect that he
has garnered from the committees he has served on is exemplary. We know he is not
going away and she for one is going to miss sitting next to him. She thanked him for his
service on behalf of the Board and the Village of Rye Brook and then presented him with
a proclamation.
Trustee Brown thanked Mayor Feinstein. There are many reasons why people become
government officials—for him he didn't have a platform or an agenda—he was
approached by Mayor Rand and had an opportunity to meet people and he thought it
would be fun. He likes making hard decisions and the decisions we make here impact the
entire community. It has been extremely enjoyable and thanked the Rand and Feinstein
administrations and especially the Bradbury administration. He pointed out how Mr.
Bradbury prepares the Board so well for the issues and he will miss not having the
opportunity to work with Mr. Bradbury. He appreciates everything Mr. Bradbury and his
staff has done and does.
Trustee Brown proceeded to thank the other Board members and staff.
Mr. Santon spoke to Trustee Brown about his memories of the early stages of the ball
field pointing out that Trustee Brown is quiet and speaks his mind when he needs to—
very balanced and it has been great to watch him evolve.
Mr. Bradbury on behalf of the staff and himself thanked Trustee Brown for his support
noting that the Board makes it easy on us. When you feel the support and need the
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feedback—he was always there— always amazed at how much time he and the board
gives this village at no compensation.
There being no further business, on a motion made by Trustee Brown and seconded by
Trustee Rednick, the meeting was adjourned at 11:01 and Mr. Bradbury called the roll:
TRUSTEE BROWN AYE
TRUSTEE MARROW AYE
TRUSTEE REDNICK AYE
TRUSTEE ROSENBERG AYE
MAYOR FEINSTEIN AYE
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