Loading...
HomeMy WebLinkAbout2011-09-27 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, SEPTEMBER 27, 2011-7:30 P.M. AGENDA 7:00 P.M.–Executive Session– Personnel & Legal Agreement ROLL CALL PLEDGE OF ALLEGIANCE REPORT PUBLIC HEARINGS RESOLUTIONS: 1. CONSIDERING A PROPOSED SITE PLAN APPLICATION REGARDING THE INSTALLATION OF A SLUICE GATE ON BOWMAN AVENUE. 2. REFERRING AN APPLICATION TO AMEND AN APPROVED SITE PLAN AND SPECIAL USE PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC ON BEHALF OF RECKSON OPERATING PARTNERSHIP, LP. 3. CONSIDERING A LICENSE AGREEMENT/SUPPORT CONTRACT WITH IMPACT FOR USE OF THEIR SOFTWARE PRODUCTS 4. CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD 5. CONSIDERING THE AWARD OF CONTRACT 11-04: "2011 ROAD RESURFACING" Board of Trustees Meeting Page 1 of 14 September 27,2011 ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: October 11, 2011 & October 25, 2011 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 Chief Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Michal Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein called the September 27, 2011 regular meeting of the Board of Trustees to order. She called for a presentation on the proposed installation of the Sluice Gate on Bowman Avenue. 1) CONSIDERING A PROPOSED SITE PLAN APPLICATION REGARDING THE INSTALLATION OF A SLUICE GATE ON BOWMAN AVENUE. Mr. David Weiss, P.E. from WSP & Sells addressed the Board to review the project history, and the timeline. Mr. Weiss noted that this matter was first discussed in October, 2007. In 2008 a study was prepared and a Sluice Gate was proposed in the area where the timber gate now exists. Several alternatives were reviewed at that time and the Sluice Gate was the most cost effective. The Bowman Avenue dam is located in between the upper and lower ponds. The limits of the study area include from 287 to 95 and Board of Trustees Meeting Page 2 of 14 September 27,2011 including Wyman Street. An analysis was performed for 2, 5, 10, 25,50 and 100 year storms. With respect to a 2 year storm, there would not be a net reduction in flood elevation in the Wyman Street area. With respect to 5, 10 and 25 year storms there would be a reduction in water surface elevation of 4 to 6 inches and with respect to 50 and 100 year storms there reduction would be 8 to 9 inches in the Wyman Street vicinity. An extensive analysis was performed in this area and no negative impacts were found in connection with the installation of the Sluice Gate. Mr. Weiss stated that this is a dynamic solution. It can be implemented and upgraded, and can work with other solutions. The Sluice Gate is fully automated. Based on predefined elevation, the Sluice Gate opens when the water hits a specific elevation. As the flood waters rise, the outlet opens. Trustee Paul Rosenberg stated that this is being looked at as a solution to the flooding in Rye Brook, as well as downstream in the City of Rye. Mr. Weiss noted that the current gate only provides a 2 '/z foot opening. The result is that the upper pond becomes maxed out early. This means a lot more water flowing downstream. When opening the gate slowly you control the amount of water that you allow out. The discharge and water surface runoff will be greatly reduced although it will not solve the flooding. The Sluice is set to pre-open, and one, two year, fifty and one hundred year storms have been used in the calculations. Mayor Feinstein asked what the effect on Indian Village would be. Mr. Weiss noted that the benefit is greater as you go further south. Mr. Weiss noted that there will be an access roadway. There is a tremendous amount of debris that needs to be removed. A mechanical flow pad will be expanded, and a backup generator will be installed. The backup generator will be tun by propane. Landscaping will be installed to help screen Bowman Avenue and the chain link fence area. This fence is an 8' foot high fence and Evergreens have been proposed. A landscape architect designed the plans. The Sluice Gate is approximately 15' x 8'. The Sluice Gate will not go any lower than the existing fixed timber gate. Mr. Weiss presented the Board with a schematic of the Sluice Gate. The project's detail design has been completed, and Westchester County and New York Department of Environment Conservation have been contacted. The hope is to install the Gate in the spring of 2012. Board of Trustees Meeting Page 3 of 14 September 27,2011 Mayor Feinstein noted that a grant was received and that this project is actually a partnership with the City of Rye. The project is being funded 80% by the City of Rye. Rye Brook is left with 20%. The City of Rye owns the property where the Sluice Gate is proposed. There are benefits to the Village of Rye Brook, and the City of Rye. An IMA was entered into with the City of Rye. The Village's Planning Board is involved and will give the Board of Trustees a report and recommendation. Mr. Christopher Bradbury, Village Administrator, noted that Mr. Dolph Rotfeld, the Village's Engineering Consultant, has reviewed this project. In addition, Marilyn Timpone Mohamed, Village Planning Consultant, has reviewed the landscape plans. There being no additional questions or comments, Mayor Feinstein called for the resolution on this matter: RESOLUTIONS: 1. CONSIDERING A PROPOSED SITE PLAN APPLICATION REGARDING THE INSTALLATION OF A SLUICE GATE ON BOWMAN AVENUE. Mr. Bradbury read the following resolution: RESOLUTION WHEREAS, the City of Rye and the Village of Rye Brook participated in a March 2008 Flood Mitigation Study (the "Study") of the Bowman Avenue Dam Site and Lower Pond prepared by Chas. H. Sells, Inc. to analyze flood damage reduction measures and to identify certain projects that may assist in flood mitigation; and WHEREAS, in this Study, Chas. H. Sells, Inc. recommended that the City of Rye and the Village of Rye Brook consider the implementation of a sluice gate (the "Project") at the Bowman Avenue dam on property owned by the City of Rye; and WHEREAS, on April 15, 2009 the City Council of the City of Rye approved a resolution declaring itself to be Lead Agency for this Project based on its review of the Full Environmental Assessment Form (EAF), the criteria listed in Section 617.7 (C) of SEQRA and other records, and adopted a Negative Declaration; and WHEREAS, the City of Rye and the Village of Rye Brook have received grant assistance to offset the $2.2M total estimated cost of the Project; and Board of Trustees Meeting Page 4 of 14 September 27,2011 WHEREAS, on September 13, 2011 the Village Board of Trustees approved an Inter- municipal Agreement (IMA) for the construction, operation and maintenance of the sluice gate project and authorizing the contribution of up to $136,710 in Village funds towards this Project; and WHEREAS, on September 16, 2011 the Village received a site plan application (the "Application") from the City of Rye for the construction of the sluice gate project for consideration by the Village Board of Trustees; and WHEREAS, due to the applicant's status as a municipality, the Village Board of Trustees has considered a host of factors pursuant to Matter of County of Monroe v. City of Rochester, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988), to determine whether it is in the best interests of the public for the Application of the City of Rye to be subject to the Village of Rye Brook's local land use regulations. NOW THEREFORE BE IT RESOLVED, that the Application by the City of Rye shall be subject to the Village of Rye Brook's local land use regulations to the extent set forth herein; and BE IT FURTHER RESOLVED, that the application of the City of Rye shall undergo site plan review which shall consist of a referral to the Village of Rye Brook Planning Board for an advisory report and recommendation and a duly noticed public hearing at which time any interested member of the public will have an opportunity to be heard; and BE IT FURTHER RESOLVED, since this Application was submitted by a neighboring municipality with the Village of Rye Brook as a participating agency for a project that would also benefit certain residents of the Village, the Board of Trustees hereby waives all application,permit and professional consulting fees related to this Application; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby retains approval authority over all aspects of the Application of the City of Rye, including Site Plan, Wetlands and Steep Slopes; and BE IT FURTHER RESOLVED, that the City of Rye shall be required to comply to the greatest extent practicable with applicable zoning requirements of the Village of Rye Brook and the Scenic Roads Overlay District, however, to the extent such requirements cannot be met the Village Board of Trustees hereby determines that the City of Rye shall not be required to obtain a variance from the Village of Rye Brook Zoning Board of Appeals; and BE IT FURTHER RESOLVED, that this Application is hereby referred to the Village of Rye Brook Planning Board on an advisory basis for a report and recommendation; and BE IT FURTHER RESOLVED, that a public hearing on this application be held on this Application on November 8, 2011. Board of Trustees Meeting Page 5 of 14 September 27,2011 On a motion made by Trustee Michael Brown, and seconded by Trustee Jeffrey Rednick, the resolution was opened to discussion. Trustee Paul Rosenberg questioned the wording in the resolution regarding compliance with Rye Brook's Village Code. He didn't want anything to "muck up" the process. It was noted that no variances would be required. Mayor Feinstein pointed out that this property is located in the Scenic Road's Overlay District. Edward Beane, Esq., Village Counsel, was asked to address Trustee Rosenberg's concerns by rewording the resolution. On a motion made by Trustee Rosenberg, and seconded by Trustee Toby Marrow, the amendment to the resolution was accepted. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown 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 On a motion made by Trustee Michael Brown, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. The roll was called: Trustee Michael S. Brown 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 Mayor Feinstein called the second item on the agenda: 2. REFERRING AN APPLICATION TO AMEND AN APPROVED SITE PLAN AND SPECIAL USE PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC ON BEHALF OF RECKSON OPERATING PARTNERSHIP, LP. Board of Trustees Meeting Page 6 of 14 September 27,2011 Mr. Anthony Morando from the law firm of Cuddy and Feder addressed the Board. He noted that the applicant was before the Board requesting that a Special Use Permit be amended, and that the Board grant Site Plan Approvals so that the applicant can make an upgrade to the existing facility. The exiting facility was approved in 2007 and technology has changed since that time. The antennas are flush mounted and the equipment is not visible to the public. The proposal is to add three antennas to the current mounts. They would be the same height as the existing antennas. Although the applicant received approval for additional antenna, only six antennas were built at the time of construction and now the applicant is looking to add three additional antennas. Trustee Brown asked what the purpose of the additional antennas was. Mr. Morando noted that they offer increased technology in order to provide the enhanced services currently being offered. Mr. Bradbury read the following resolution: RESOLUTION REFERRING APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND A SPECIAL PERMIT TO INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL DRIVE SUBMITTED BY NEW CINGULAR WIRELESS PCS, LLC ON BEHALF OF RECKSON OPERATING PARTNERSHIP, LP WHEREAS, New Cingular Wireless PCS, LLC ("AT&T) submitted applications to the Village of Rye Brook on behalf of the property owner Reckson Operating Partnership, LP, to amend an approved Site Plan and Special Permit for Building #4, International Drive, Reckson Office Park, Rye Brook, New York, in the OB-1 Zoning District and the King Street Scenic Roads Overlay Zoning District. NOW, THEREFORE, BE IT RESOLVED, as approval authority for the application, the Village of Rye Brook Board of Trustees hereby classifies the action as a Type II action pursuant to the New York State Environmental Quality Review Act ("SEQRA"); and BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook refers the subject applications to the Westchester County Department of Planning, the Town of Greenwich, the Rye Brook Planning Board, the Rye Brook Technology and Communications Commission and the consulting firm of HDR/LMS for review and comment. Board of Trustees Meeting Page 7 of 14 September 27,2011 Mr. Morando requested that fees be modified. The consensus of the Board was to leave the escrow account minimum at $2500.00, which is returned if it is unused. Mayor Feinstein noted that the application will not go on the agenda until the escrow funds are received since the expert review is required prior to approval. On a motion made by Trustee Toby Marrow, and seconded by Trustee Jeffrey Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown 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 A LICENSE AGREEMENT/SUPPORT CONTRACT WITH IMPACT FOR USE OF THEIR SOFTWARE PRODUCTS Mr. Bradbury noted that this matter was tabled for further review. 4. CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN APPOINTMENT TO THE ETHICS BOARD Board of Trustees Meeting Page 8 of 14 September 27,2011 RESOLVED, that Bea Drechsler of 15 Deer Run is hereby appointed to the Ethics Board to fill the unexpired term of Patricia Sanders Romano whose term expires the first Monday of April, 2012. Mayor Feinstein thanked Patricia Sanders Romano for her many years of service to the Village. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was approved. The roll was called: Trustee Michael S. Brown 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 11-04: "2011 ROAD RESURFACING" Mr. Bradbury read the following resolution: Board of Trustees Meeting Page 9 of 14 September 27,2011 RESOLUTION CONSIDERING THE AWARD OF CONTRACT 11-04: "2011 ROAD RESURFACING" WHEREAS, the Village of Rye Brook has solicited bids for Contract 11- 04: "2011 Road Resurfacing;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on September 2, 2011; and WHEREAS, at 10:00 a.m., Thursday, September 22, 2011, all bids received were opened as summarized below: BIDDER Base Bid Alternate"A" BID BOND Bilotta Construction $275,238.80 $121,385 Yes ELQ Industries, Inc. $278,835 $146,751 Yes Petrillo Contracting, Inc. $290,000 $105,000 Yes PCI Industries,Inc. $292,070 $172,214 Yes Morano Bros. Corp $317,025.40 $153,366 Yes; and WHEREAS, Petrillo Contracting did not conform to the specifications in the bid; and WHEREAS, upon reviewing the bid, the Acting Village Engineer and Village Administrator determined the lowest responsible bidder meeting the requirements of the contract document is Bilotta Construction for the Base Bid price of$275,238.80. NOW, THEREFORE, BE IT RESOLVED, that Petrillo Contracting is hereby rejected for not conforming to specifications in the bid document; and be it FURTHER RESOLVED, that contract 11-04: "2011 Road Resurfacing;" is hereby awarded to Bilotta Construction for the Base Bid price of $275,238.80, and that Alternate A will not be awarded at this time; and be it FURTHER RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this resolution. Board of Trustees Meeting Page 10 of 14 September 27,2011 Mayor Feinstein reviewed the streets included in this resurfacing contract. Trustee Brown suggested that if there was any extra money that the areas adjacent to the areas being re-surfaced be added. Mr. Bradbury noted that limited amounts could be included. Since Alternate A is not be funded, there may be some money remaining and the issue of continuing the work on adjacent streets could be reviewed. The Village is very happy with the pricing, and any balance remaining will be kept for road resurfacing. A brief discussion ensued regarding the need for additional basins. Mr. Bradbury noted that water comes down Churchill and from Ridge Street. There is an issue of icing in the winter at the intersection of Winding Wood Road and Chuchhill Road. Mr. Dean Santon of Hillandale Road noted that drainage work and resurfacing should be done at the same time. Winding Wood had drainage swales instead of catch basins. There has been a change in the sheet flow. It is one thing to get water on your property and another thing to have water flowing from the street onto your property. Mayor Feinstein noted that the Village is paving Meadowlark for the first time in 30 years — and she hoped that the drainage issues could be solved at the same time. A fair amount of money is being spent. Mr. Bradbury noted that the idea is to try and capture the water. This area has had a history of flooding and has the need for additional drainage. On a motion made by Trustee Rednick and seconded by Trustee Marrow, the resolution was adopted. The roll was called: Trustee Michael S. Brown 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 Mayor Feinstein noted that an additional resolution was added to the agenda: 6. Mr. Bradbury read the following resolution: Board of Trustees Meeting Page 11 of 14 September 27,2011 RESOLUTION CONSIDERING WAIVING THE FOUR HOUR MINIMUM FEE FOR FILMING ON PUBLIC PROPERTY RESOLVED, that in accordance with Section 123-10 of the Village Code the Village of Rye Brook Board of Trustees hereby waives the four hour minimum for filming on public property for Cineflix (Property 8) Inc. to film the television show `Property Virgins' in the vicinity of Hillcrest Avenue and Whittemore Place; and be it FURTHER RESOLVED, Cineflix (Property 8) Inc. will pay a fee of one hundred and fifty dollars ($150) for the hour and one-half(1 /z) they will be filming on public property in the vicinity of Hillcrest Avenue and Whittemore Place. The television show, Property Virgins, has requested the use of public property — as they are filming a home in Rye Brook and will be using the sidewalk. They have asked for a fee waiver and the Village Board has the authority to waive the provision that covers fees. The fee is $100.00 per hour for a four hour minimum. They crew will do a recapped at the end of the show for a few minutes. Most of the filming will be on private property. On a motion made by Trustee Rosenberg, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee Michael S. Brown 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 began his report by noting that he has followed up with Mr. Dolph Rotfeld regarding review of the East Branch of the Blind Brook. The idea is to see if the changes up stream will allow the Village to do more downstream. Board of Trustees Meeting Page 12 of 14 September 27,2011 Mr. Rotfeld is also reviewing previous studies to see if there are any other alternatives. The Army Corp. of Engineers has also been contacted as a follow up. The Leaf Collection Program starts on Monday with one vacuum truck. The piles of leaves are to be uncontaminated -- no sticks or other items in the piles. The requirements for leaf pick up will be listed on the Village's website. The program will run for a maximum of three weeks between pickups. There is a lot of information on the Village's website regarding pick up days and times. Mayor Feinstein felt that the landscapers within the Village should also be contacted and given instructions on the leaf pick up program. The safety of the employees comes first, and then comes the preservation of Village equipment. Having debris in the leaf pile can injure the employees and do possible damage to the equipment. Mr. Bradbury reviewed the options open to the Village regarding up coming elections. Village elections are normally held on the third Tuesday in March. The Village has five voting locations and nine districts. Last year of the 6,328 people registered to vote, only about 1,100 votes were tallied. The average district had 123 people voting. An election costs about $9,000.00 per year. Most of the cost is the election inspectors; 20 inspectors are hired each year. Other costs include movers, repair technicians, and printing. Mayor Feinstein noted the number of residents that actually come out and vote is surprisingly low. Mr. Bradbury noted that the County now has optical scanning machines. The County has to use these new machines; they do not have a choice. The County runs four Village elections and they own the machines. Last year the Villages were granted permission to use the old machines through March of 2012; but a change must be made in 2013. Use of the old machines is straightforward. The Village hires the employees that do the work. The change for this year is that the Village has different absentee and paper ballots. This is a little more costly since a printer has to prepare the ballots. The County has been coordinating the use of the new machines. They arrange for the vendors, set up, hire the technicians and movers, etc. They absorb the costs, but this can change at any time. At any point in time the County can decide to charge back the Villages. The County provides the information and the Villages uses all of the County suppliers. Another choice is to authorize the County to run the election. Mr. Bradbury suggested this option. If the Village uses the new machines, the Village would have all of the costs. He also noted that districts can be consolidated. The savings per district, to consolidate, would be minimal — Board of Trustees Meeting Page 13 of 14 September 27,2011 about $645.00. The result would be less inspectors, and less voting machines. Another option is to reduce the number of voting locations. Mayor Feinstein noted that the question is whether to make the changes now for the 2012 election, or wait until 2013. Her preference was to reduce the number of locations. She noted that there will be a presidential election in 2012. Trustee Rosenberg stated that in 2013 things will change, so things should be kept status quo in 2012. Using the new machines in 2013 is a big enough change. Reducing the locations was not an option for him, but he would like to reduce the number of machines. Trustee Brown noted that the year 2012 should be used for review and research. Mayor Feinstein called for members of the public wishing to address the Board. No one chose to address the Board. Mayor Feinstein noted that the next regular Board of Trustee meetings were scheduled for October 11, 2011 & October 25, 2011. She called for a motion to adjourn. On a motion made by Trustee Brown, and seconded by Trustee Rednick, the meeting was adjourned at 9:07 p.m. The roll was called: Trustee Michael S. Brown 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 Mayor Feinstein wished everyone a happy and healthy new year for the people celebration the holiday. Board of Trustees Meeting Page 14 of 14 September 27,2011