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HomeMy WebLinkAbout2012-07-24 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY,JULY 24, 2012 AGENDA 6:30 P.M.—Executive Session–Non-Union Compensation - Purchase of Real Property 7:30 P.M.–REGULAR MEETING PLEDGE OF ALLEGIANCE AFFORDABLE HOUSING: 1) Public Hearing for an application for approval of a site plan application and rezoning petition for 525 Ellendale Avenue REPORT: 1) Westchester County Department of Planning presentation of Village of Rye Brook Planning Base Studies Report for Comprehensive Plan PUBLIC HEARINGS: 1) Public hearing to consider an application for approval of an amended PUD subdivision and site plan application by the Arbors Homeowners Association RESOLUTIONS: 1) Considering a request for the of use of Harkness Park by the Blind Brook-Rye Federation of Teachers for an event 2) Referring a proposed local law to amend Chapter 209 of the Village Code regarding site plan review to the Planning Board for Report and Recommendation 3) Considering the award of the surplus vehicle bid 4) Considering the award of contract 12-02: "2012 Road Resurfacing" Board of Trustees Meeting July 24, 2012 Page 1 5) Considering the award of contract 12-03: "25 Yard ODB SCL800 TM Leaf Loader" 6) Considering the modification of the Board of Trustees meeting schedule 7) Considering the approval of minutes: June 12, 2012; June 26, 2012; July 10, 2012 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Consideration of a no knock policy for solicitation ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: August 22, 2012 BOARD: Trustee David M. Heiser 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 Michal Nowak, Village Engineer Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the regular meeting of the Village of Rye Brook Board of Trustees. She offered her apologies for the delayed start of the meeting, but the Board was in an Executive Session. Board of Trustees Meeting July 24, 2012 Page 2 She called for a motion and second to open the first item on the agenda. On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Toby Marrow, the public hearing regarding affordable housing was declared open. AFFORDABLE HOUSING: 1) PUBLIC HEARING FOR AN APPLICATION FOR APPROVAL OF A SITE PLAN APPLICATION AND REZONING PETITION FOR 525 ELLENDALE AVENUE Mr. Clark Neuringer, architect for the applicant, addressed the Board. He stated that at the last meeting there was a good discussion and several items were addressed. The County Department of Planning has also submitted comments. The main issue concerned the soil on the property and possible contamination. The applicant has done research and found that documents and records going back 80 years indicate that the only thing on that site was a shack towards the front of the property. This will be the area of the parking lot and, as a part of the remediation; 150 cubic yards of soil will be removed from that area. If there is anything in the soil, it will be removed as part of the work on the parking area. A storm water retention system will be installed. Mayor Feinstein noted that photographs of the property have been taken and they will be submitted to the Village tomorrow. She pointed out that there is a renumbering issue for Ellendale Avenue. She noted that she was concerned about what had existed on the property because the records reflected that a garage was on that property. Marilyn Timpone Mohamed, Village Consultant, noted that this property was built upon, which means that there is a potential for hazardous materials in the soil. Soil samples should be taken or a Phase I search should be done. The applicant needs to provide one or the other in order to create a comfort level. At this point since the records do show that there was a garage on that property, further research is warranted. Mayor Feinstein noted that other than the soil issue, there are very few outstanding issues at this time. Mr. Neuringer noted that if something is detected during the tests, the mediation would be soil removal. The applicant has already stated that 150 cubic yards of materials, whether or not there is a problem, will be removed. If any residual contamination existed from 80 years ago, the amount of soil being removed from the property would take care of it. Trustee Paul Rosenberg noted that the material is being removed no matter what, so he could not understand why the applicant would not do the testing. Mr. Louis Larizzo, the Developer, explained that this testing costs approximately $5,000.00; however, he stated Board of Trustees Meeting July 24, 2012 Page 3 that he would discuss this issue further with Mr. Ralph Mastromonaco, Engineer, and the testing would be done. Mayor Feinstein called for questions or comments from members of the public. Mr. Ben Miloro addressed the Board. He noted that the parking area is in the front of the building and he felt that this changes the character of the neighborhood. He questioned the layout proposed construction. Mr. Neuringer presented Mr. Miloro with the proposed plans to review. It was noted that this project has been in the process since 2010, and there has been dialogue on the positioning of the buildings and the parking. The Planning Board has fully vetted the application, and the Planning Board made the determination that the plans now before the Board were appropriate. It was noted that the positioning of the buildings was also discussed at a prior Board of Trustee meeting. Mayor Feinstein noted that Rye Brook received a letter from the Village of Port Chester's Board of Trustees. They do not support the location but commend the Village for their attempts at creating middle income housing. There is a nominal impact to the school system as these are four one bedroom units. This Board has been very proactive about affordable housing. The Village Board will to entertain applications whenever they are submitted. Mr. Neuringer noted that this project was fully vetted by the Planning Board; Village Consultants have reviewed the plans, as has Village Staff. This is a very good site for this project. One positive for this site is that the shopping center and several banks are in walking distance. Mr. Christopher Bradbury, Village Administrator, noted that the Emergency Services Task Force has submitted comments on the project. A letter was also received from the Westchester Department of Planning. Mayor Feinstein stated that the public hearing would be adjourned to the August 22, 2012 meeting, at which time there will be four members of the Board in attendance. The soil testing must be submitted in advance. On a motion made by Trustee David Heiser, and seconded by Trustee Rednick, the public hearing was adjourned to the Wednesday, August 22, 2012 meeting of the Board of Trustees. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 24, 2012 Page 4 REPORT: 1) WESTCHESTER COUNTY DEPARTMENT OF PLANNING PRESENTATION OF VILLAGE OF RYE BROOK PLANNING BASE STUDIES REPORT FOR COMPREHENSIVE PLAN Mayor Feinstein noted that the Village of Rye Brook was going to embark on a project to create a Comprehensive Plan. Cost became an issue when the economy went sour in 2008. Westchester County, with its wealth of information, has prepared a Report to help with the Comprehensive Plan. The assistance from the County shows the cooperation of a local government working with the County. Rye Brook is the pilot project for the 43 municipalities in Westchester County. In attendance from Westchester County was William C. Brady, AIC, Associate Planner; Susan Darling, Environmental Planner; Tracey S. Corbitt, AICP, Principal Planner from Westchester County Department of Planning. Ms. Corbitt began the presentation. With the assistance of a slide presentation she made a comprehensive overview of the report, and went through the report chapter by chapter. The report can be viewed on line. Mayor Feinstein thanked the County for their hard work. This has been a wonderful journey. Mr. Bradbury noted that there have been many meetings, drafts and re-drafts of the report. The Village is looking for a living document, and we are appreciative of where we are and we look forward to moving forward. All the hard work put into this report will be used, and the report will be used as a baseline. This is meant to be an interactive process. It is the hope that by the end of the year the Village will be starting on the Comprehensive Plan. Mayor Feinstein called for members of the public or members of the Board with additional comments. Trustee Rosenberg also thanked the County for all of the hard work. Mr. Brady, Associate Planner, thanked the Village. He noted that the County is looking forward to working with other municipalities on similar projects. Mayor Feinstein called for the next item on the agenda. PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR APPROVAL OF AN AMENDED PUD SUBDIVISINO AND SITE PLAN APPLICATION BY THE ARBORS HOMEOWENERS ASSOCIATION Trustee Toby Marrow noted that she resides in the Arbors and she recused herself. Board of Trustees Meeting July 24, 2012 Page 5 Mr. James Ryan of John Myer Consulting addressed the Board. He noted that there are still a few outstanding issues that are being reviewed, but his office, the Arbor's Board, and the Village are working collaboratively. He requested that the matter be adjourned to the August 22, 2012 Village meeting. Mayor Feinstein called for members of the community wishing to address the Board on this matter. Matt Burtram of 35 Meadowlark Lane, addressed the Board. His concern was regarding what was being done on the Meadowlark side and what effect the emergency access would have on the path. Mr. Ryan noted that there was a meeting held early in the day with the Emergency Services Task force. The path will give alternative access to residents on both sides. The details of how it will look, and the impacts are being discussed. This issue needs to be studied a little bit more. The good news is that the discussion today surrounded how to deal with the impacts. Mayor Feinstein noted that a resident has submitted a letter of concern. The letter was shared with the applicant. This is a work in progress, and the concerns of the residents are being addressed. Trustee Rosenberg asked that the widening of the path be reviewed further. Mr. Ryan noted that there are some major trees and some drainage issues. There being no further discussion, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the public hearing was adjourned to August 22, 2012. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Recused Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye RESOLUTIONS: 1) ONSIDERING A REQUEST FOR THE USE OF HARKENESS PARK BY THE BLIND BROOK-RYE FEDERATION OF TEACHERS FOR AN EVENT Board of Trustees Meeting July 24, 2012 Page 6 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A REQUEST FOR THE USE OF HARKNESS PARK BY THE BLIND BROOK-RYE FEDERATION OF TEACHERS FOR AN EVENT WHEREAS, in an email dated July 14, 2012 Robin Willig requested the use of Harkness Park on August 28, 2012 from 7:15pm to 8:15pm (Rain Date August 29, 2012) to host the "Blind Brook-Rye Federation of Teachers Meet and Greet." NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approve the use of Harkness Park on August 28, 2012 from 7:15 to 8:15pm (Rain Date August 29, 2012) for the "Blind Brook- Rye Federation of Teachers Meet and Greet." On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 2) REFFERING A PROPOSED LOCAL LAW TO AMEND CHAPTER 209 OF THE VILLAGE CODE REGARDING SITE PLAN REVIEW TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Mr. Bradbury read the following resolution: RESOLUTION REFERRING A PROPOSED LOCAL LAW TO AMEND CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW TO THE PLANNING BOARD FOR REPORT AND RECOMMENDATION Board of Trustees Meeting July 24, 2012 Page 7 WHEREAS, the Board of Trustees is considering an amendment to Chapter 209 of the Village Code regarding as site plan review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall refer the proposed local law to the Planning Board for report and recommendation. Mr. Bradbury gave a brief overview of the matter. Mayor Feinstein noted that this resolution was a referral. On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 3) CONSIDERING THE AWARD OF THE SURPLUS VEHICLE BID Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AWARD OF THE SURPLUS VEHICLE BID WHEREAS, the Village of Rye Brook has solicited bids for surplus vehicles; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on June 15, 2012; and WHEREAS, at 10:00 a.m., Wednesday, July 11, 2012, all bids received were opened as summarized below: Vehicle Bidder Bid Amount Board of Trustees Meeting July 24, 2012 Page 8 2004 Ford Crown Victoria Vin: 2FAHP71WO4X100168 Bay Ridge Motors $553 Grace Quality Used Cars $625 Whitingham Group Ltd. $900 Liberty Motors Inc. $1,243.99 2007 Ford Crown Victoria Vin: 2FAHP71W67X100986 Bay Ridge Motors $1,889 Grace Quality Used Cars $1,825 Whitingham Group Ltd. $1,900 Liberty Motors Inc. $2,017.99 2007 Ford Crown Victoria Vin: 2FAHP71W67X100985 Grace Quality Used Cars $1,889 Grace Quality Used Cars $1,825 Whitingham Group Ltd. $1,900 Liberty Motors Inc. $2,017.99 1998 Ford E 450 Bus Vin: IFDXE40FOWHA3560 Rodger D. Koski $521 Liberty Motors Inc. $717.99 Anthony Costa $3,001 1995 Chevrolet Fleetside P/U Vin: 1GCGK24K2SE280543 Liberty Motors Inc. $511.99 1992 Chevrolet 3500 Vin: 1GBHK34J9NE221211 Liberty Motors Inc. $311.99 1996 Chevrolet 3500 Vin: 1GBJK34F5TE231910 Liberty Motors Inc. $911.99 Joey Vasile $1,500 2000 Chevrolet Impala Vin: 2GIWF55KIY9268016 Liberty Motors Inc. $311.99; and WHEREAS, Bay Ridge Motors did not provide a certified check for the full amount of their respective bid thereby disqualifying their bid. Board of Trustees Meeting July 24, 2012 Page 9 NOW THEREFORE BE IT RESOLVED, the surplus vehicles are hereby awarded to the following highest bidders in accordance with the sale of surplus vehicle bid notice: Vehicle Bidder Bid Amount 2004 Ford Crown Victoria Vin: 2FAHP71W04X100168 Liberty Motors Inc. $1,243.99 2007 Ford Crown Victoria Vin: 2FAHP71W67X100986 Liberty Motors Inc. $2,017.99 2007 Ford Crown Victoria Vin: 2FAHP71W67X100985 Liberty Motors Inc. $2,017.99 1998 Ford E 450 Bus Vin: 1FDXE40FOWHA3560 Anthony Costa $3,001 1995 Chevrolet Fleetside P/U Vin: 1GCGK24K2SE280543 Liberty Motors Inc. $511.99 1992 Chevrolet 3500 Vin: 1GBHK34J9NE221211 Liberty Motors Inc. $311.99 1996 Chevrolet 3500 Vin: 1GBJK34F5TE231910 Joey Vasile $1,500 2000 Chevrolet Impala Vin: 2GIWF55KIY9268016 Liberty Motors Inc. $311.99 On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Board of Trustees Meeting July 24, 2012 Page 10 Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING THE AWARD OF THE CONTRACT 12-02: "2012 ROAD RESURFACING" Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AWARD OF CONTRACT 12-02: "2012 ROAD RESURFACING" WHEREAS, the Village of Rye Brook has solicited bids for Contract 12-02: "2012 Road Resurfacing;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on June 29, 2012; and WHEREAS, at 10:00 a.m., Wednesday, July 19, 2012, all bids received were opened as summarized below: BIDDER Base Bid BID BOND Bilotta Construction $485,708.50 Yes PCI Industries, Inc. $507,320.00 Yes ELQ Industries, Inc. $5349425.00 Yes Petrillo Contracting, Inc. $675,000.00 Yes; and 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 $485,708.50. NOW THEREFORE BE IT RESOLVED, that contract 12-02: "2012 Road Resurfacing;" is hereby awarded to Bilotta Construction for the Base Bid price of $485,708.50; and be it Board of Trustees Meeting July 24, 2012 Page 11 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. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mayor Feinstein noted that these were good numbers. Mr. Ben Miloro addressed the Board. He asked that Hillcrest be reviewed stating that this road is in bad shape, and is getting worse. It has been 10 years since it was resurfaced. Mayor Feinstein noted that every year the Village's staff reviews the conditions of the roads. Five years ago a professional did a review. Money was allocated for repair work. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye 5) CONSIDERING THE AWARD OF CONTRACT 12-03: "25 YARD ODB SCL800 TM LEAF LOADER" Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AWARD OF CONTRACT 12-031125 YARD ODB SCL80OTM LEAF LOADER" WHEREAS, the Village of Rye Brook has solicited bids for Contract 12-03: "25 Yard ODB SCL800 TM Leaf Loader;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on June 29, 2012; and Board of Trustees Meeting July 24, 2012 Page 12 WHEREAS, at 10:30 a.m., Wednesday, July 18, 2012, all bids received were opened as summarized below: BIDDER BID AMOUNT ALT "A" BID BOND 1. Trius Inc. $ 37,981.00 $ 1,450.00 Yes 2. Bonnell Industries,Inc. $ 52,605.00 $ 1,295.00 Yes; and WHEREAS, upon reviewing the bid, the Superintendent of Public Works and Village Administrator determined the lowest responsible bidder meeting the requirements of the contract document is Trius Inc. for the total bid price of$37,981.00; and WHEREAS, upon review it is determined bid pricing for Alternate "A" exceeds expected budget and will not be awarded. NOW, THEREFORE, BE IT RESOLVED, that contract 12-03: "25 Yard ODB SCL800 TM Leaf Loader;" is hereby awarded to Trius Inc. for the total bid price of $37,981.00; and be it FURTHER RESOLVED, bid pricing for Alternate "A" is hereby rejected; 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 this is a large piece of equipment. One of the existing leaf loaders will either be disposed of or used as a spare. The purchase is scheduled to be made the end of October/November. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 24, 2012 Page 13 6) CONSIDERING THE MODIFICATION OF THE BOARD OF TRUSTEES MEETING SCHEDULE RESOLUTION CONSIDERING THE MODIFICATION OF THE BOARD OF TRUSTEES MEETING SCHEDULE RESOLVED, that the following Board of Trustees meeting dates are hereby cancelled: August 12, 2012 August 24, 2012 September 25, 2012 October 9, 2012 October 23, 2012; and be it FURTHER RESOLVED, the following Board of Trustees meeting dates are hereby scheduled: August 22, 2012 September 24, 2012 October 17, 2012 October 30, 2012 On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was approved. Mayor Feinstein noted that due to religious holidays and vacation schedules things have been moved around a bit. She pointed out that there are two meetings in September and October but only one in August. Mr. Burke called the roll: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 24, 2012 Page 14 7) CONSIDERING THE APPROVAL OF MINUTES: JUNE 12, 2012; JUNE 26, 2012; JULY 10, 2012 Mayor Feinstein asked that the June 12th and June 26th meeting minutes be voted on together. With the consensus of the Board the July 10th minutes were adjourned to the next meeting. The roll was called: Trustee David M. Heiser Voting Aye Trustee Toby S. Marrow Voting Aye Trustee Jeffrey B. Rednick Voting Aye Trustee Paul S. Rosenberg Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT: Mr. Bradbury noted that during the summer there would be movies at Pine Ridge Park. On Saturday, August 4th, William Shakespeare's "Much Ado About Nothing, is showing and during the ceremony prior to the movie there would be a vow renewal. The Village was looking for couples who would renew their vows, and anyone interested should call the Administrator's Office. DISCUSSION ITEMS: 1) Consideration of a no knock policy for solicitation Mr. Bradbury gave an overview of this issue. A resident came to the Village regarding organizations that come to the Village and go door to door asking for donations. Some of these organizations do not have permits. Residents would be able to sign up for a no knock registry, similar to the one that the City of Rye has in place. This may not be a heavily enforced local law, but it may deter some solicitation. In other municipalities residents are given a sticker to adhere to their doors that notes this policy. Mr. Bradbury asked the Board if this was something that the Village should address. Board of Trustees Meeting July 24, 2012 Page 15 The Trustees felt that it was a good idea to research, especially as it relates to the safety of the residents. Mayor Feinstein noted that the next Board of Trustees meeting was scheduled for August 22, 2012. She called for members of the public wishing to address the Board. Mr. Abel from the Westmore News addressed the Board. He noted that the Port Chester Band sends out their members to solicit funds. He asked that the Board consider how the proposed Do Not Knock legislation would affect the schools. Mr. Bradbury noted that the Village issues permits for door-to-door solicitation for for-profit entities. There being no further business, Mayor Feinstein called for a motion to adjourn. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the meeting was adjourned at 9:29 p.m. and the Board returned to the Executive Session. Board of Trustees Meeting July 24, 2012 Page 16