HomeMy WebLinkAbout2011-11-08 - Board of Trustees Meeting Minutes REGULAR MEETING
VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETING
VILLAGE HALL, 938 KING STREET
TUESDAY, NOVEMBER 8, 2011-7:30 P.M.
AGENDA
7:00 P.M.–Executive Session– Personnel
ROLL CALL
PLEDGE OF ALLEGIANCE
REPORT
PUBLIC HEARINGS:
1. Public hearing to consider the discontinuance of certain sidewalks
throughout the village
RESOLUTIONS:
(1) Considering the discontinuance of certain sidewalks throughout the
Village
(2) Considering authorizing the use of Village streets for the Tamarack
Tower Foundation Thanksgiving Day Turkey Trot
(3) Setting a public hearing to consider applications to amend an approved
site plan and special permit to install an attached wireless
telecommunications facility at 4 International Drive
(4) Considering the award of contract #11-05 "Jacqueline Lane Drainage
Improvements"
(5) Considering an amendment to the Summary of Non-Union Benefits
regarding vacation leave
(6) Considering the appointment of a Superintendent of Public Works
(7) Considering cancellation of the 2nd December meeting
Board of Trustees Meeting
November 8,2011
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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: November 22 & December 13, 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
Gregory Austin, Chief of Police
Edward Beane, Esq., Village Counsel
Michal Nowak, Acting Village Engineer
Fred Seifert, Public Access Coordinator
Paula Patafio, Meeting Secretary
Mayor Joan L. Feinstein welcomed everyone to the November 8, 2011 Regular
Meeting of the Board of Trustees.
She noted that today was Election Day and for those residents who did not vote,
there was still time as the polls did not close until 9:00 p.m.
Mayor Feinstein noted that Rye Brook fared well during the most recent storm.
She thanked Village Staff for putting in the extra time to keep the Village moving.
The staff was very diligent, professional, and very hard-working.
The first item on the agenda was a public hearing to consider the discontinuance of
sidewalks throughout the Village.
Board of Trustees Meeting
November 8,2011
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PUBLIC HEARINGS:
1) PUBLIC HEARING TO CONSIDER THE DISCONTINUANCE OF
CERTAIN SIDEWALKS THROUGHOUT THE VILLAGE
On a motion made by Trustee Paul Rosenberg, and seconded by Trustee
Jeffrey Rednick, the public hearing was declared open.
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
Mr. Christopher Bradbury noted that Village Code dictates that the
sidewalks throughout the Village are to be maintained by the residents.
There is an area of the Village that does not have continuance of sidewalks.
A survey of sidewalks within the Village was done by Village staff and
areas where no sidewalks existed were noted, as were areas with sidewalks
that led to no where. Some of the sidewalks within the Village are asphalt,
while others are concrete. This matter has been discussed at several
meetings and the following streets have been identified: Woodland,
Hillcrest, Irenhyl, and Whittemore.
Mayor Feinstein noted that this matter has been in review since June.
Village staff has inspected the sidewalks within the Village and identified
several areas. The public hearing is being held in order to discuss this
matter further with the residents and to receive their input and discuss their
preferences. She called for members of the public wishing to address the
Board.
Alicia Boris of 50-52 Woodland Avenue addressed the Board. She
received the Notice about the Public Hearing. She noted that she has
sidewalks in front of her home and has maintained them. There is a
sidewalk to the right of her property, but to the left there are patches of
sidewalks. She noted that she has spent time and money maintaining her
sidewalks and she was against removing them. As there is a lot of
pedestrian traffic on Woodland, she asked what the reasoning behind
removing the sidewalks was.
Mayor Feinstein noted that a resident brought this matter to the attention of
the Village.
Board of Trustees Meeting
November 8,2011
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Ms. Boris hoped that the Village would allow her sidewalks to remain.
Mr. Bradbury noted that many of the sidewalks are in disrepair. A resident
of Hillcrest asked to remove the sidewalks in front of her home, noting that
there were no sidewalks on either side of her property. The Village
reviewed the situation and found the information to be true. Now the Board
of Trustees and Village Staff are trying to come up with a solution that will
not be a financial burden on the residents.
Ms. Boris asked if the Village could leave the sidewalks on her side of the
street.
Ms. Mary Cappocci of Hillcrest Avenue noted that her side of the street
does not have sidewalks. She is happy that the Village will not be
installing sidewalks. She noted that she was in favor of not putting a
sidewalk in front of her home.
Mayor Feinstein noted that the public hearing can remain open to allow for
additional input from the neighbors. Mr. Bradbury noted that the Village's
staff will not be free to assist with the removal of the sidewalks until around
January so there is time to continue the review. The consensus of the
Board was to keep the public hearing open.
Mayor Feinstein suggested that the matter be adjourned to December 13th
On a motion made by Trustee Rosenberg, and seconded by Trustee
Rednick, the public hearing was adjourned to the December 13, 2011 Board
of Trustees meeting.
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
Board of Trustees Meeting
November 8,2011
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Mayor Feinstein called for the next item on the agenda:
RESOLUTIONS:
(1) CONSIDERING THE DISCONTINUANCE OF CERTAIN
SIDEWALKS THROUGHOUT THE VILLAGE
It was noted that the public hearing on this item was adjourned to the
December 13, 2011 meeting. The resolution was also adjourned.
(2) CONSIDERING AUTHORIZING THE USE OF VILLAGE
STREETS FOR THE TAMARACK TOWER FOUNDATION
THANKSGIVING DAY TURKEY TROT
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING AUTHORIZING USE OF VILLAGE STREETS FOR THE
TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY
TROT
WHEREAS, the Tamarack Tower Foundation requests permission to hold
its annual Thanksgiving Day Turkey Trot on Thursday, November 24, 2011 from
9:30 AM to 10:30 AM.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook
Board of Trustees hereby authorizes the use of Village streets on
November 24, 2011 from 9:30 AM to 10:30 AM along the route described in the
letter dated October 20, 2011 from Rosemarie Barone, Event Chairperson; and be
it
FURTHER RESOLVED, that Village streets shall be used in compliance
with the terms and/or conditions established by the Village of Rye Brook Police
Department.
On a motion made by Trustee Brown, and seconded by Trustee Rednick, the
resolution was adopted.
Mr. Bradbury noted that the Rye Police Department is aware of this function The
same route as prior years will be taken.
Board of Trustees Meeting
November 8,2011
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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
(3) SETTING A PUBLIC HEARING TO CONSIDER
APPLICATIONS TO AMEND AN APPROVED SITE PLAN AND
SPECIAL PERMIT TO INSTALL AN ATTACHED WIRELESS
TELECOMMUNICATIONS FACILITY AT 4 INTERNATIONAL
DRIVE
Mr. Bradbury read the following resolution:
RESOLUTION
SETTING A PUBLIC HEARING TO CONSIDER APPLICATIONS TO
AMEND AN APPROVED SITE PLAN AND A SPECIAL PERMIT TO
INSTALL AN ATTACHED WIRELESS TELECOMMUNICATIONS
FACILITY AT 4 INTERNATIONAL DRIVE
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 obtain a special
permit of 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; and
WHEREAS, this application is currently before the Planning Board for
report and recommendation to the Board of Trustees; and
WHEREAS, in a letter dated October 27, 2011 from Anthony Morando of
Cuddy & Feder, LLP, the applicant has requested the placement on the November
8, 2011 Board of Trustees to set a public hearing on the proposed applications.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of
the Village of Rye Brook, shall hold a public hearing on November 22, 2011 at
7:30 p.m. at Village Hall, 938 King Street, Rye Brook, New York to consider the
Board of Trustees Meeting
November 8,2011
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proposed applications to install an attached wireless telecommunications facility at
4 International Drive.
Mayor Feinstein noted that this matter is still before the Planning Board and being
reviewed. The Village Board would like to wait for the Planning Board's
recommendation before setting a public hearing.
Anthony Morando, from the law firm of Cuddy & Feder, addressed the Board. He
thanked the Board of Trustees for keeping the process moving along. He
reiterated, that the applicant has appeared before the Planning Board and noted
that no significant issues have been found.
On a motion made by Trustee Brown, and seconded by Trustee Rednick, the
resolution was adjourned to the November 22, 2011 Board of Trustees meeting.
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
(4) CONSIDERING THE AWARD OF CONTRACT #11-05
"JACQUELINE LANE DRAINAGE IMPROVEMENTS"
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING THE AWARD OF CONTRACT 11-05 "JACQUELINE LANE
DRAINAGE IMPROVEMENTS"
WHEREAS, the Village of Rye Brook has solicited bids for Contract 11-
05: "Jacqueline Lane Drainage Improvements;" and
WHEREAS, a public notice was duly advertised in an official newspaper
of the Village of Rye Brook on Friday, October 21, 2011; and
Board of Trustees Meeting
November 8,2011
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WHEREAS, at 10:00 a.m., Thursday, November 3, 2011, all bids received
were opened as summarized below:
BIDDER BID AMOUNT ALT "A" BID BOND
1. Landi Contracting Inc. $ 65,225.00 $ 51,860.00 Yes
2. NDL Associates, Inc. $ 68,260.00 $ 59,663.00 Yes
3. Joken Development Corp. $ 78,403.75 $ 58,351.00 Yes
4. ELQ Industries Inc. $ 85,700.00 $ 58,130.00 Yes
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 Landi Contracting Inc. for the total bid
price of$ 65,225.00; 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 11-05
"Jacqueline Lane Drainage Improvements;" is hereby awarded to Landi
Contracting Inc. for the total bid price of$ 65,225.00; and be it
FURTHER RESOLVED, bid pricing for Alternate "A" is hereby rejected;
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.
On a motion made by Trustee Marrow, and seconded by Trustee Rednick, the
resolution was adopted.
Mr. Bradbury noted that this project was not originally in the budget, but it was
added to the budget this year. The funding for the AJP bathrooms and this project
will also be added. Mr. Michal Nowak, Acting Village Engineer, has additional
details on this project. There were some excessive water conditions in this area
that led to road erosion.
Board of Trustees Meeting
November 8,2011
Page 8 of 12
On a motion made by Trustee Brown, 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
(5) CONSIDERING AN AMENDMENT TO THE SUMMARY OF
NON-UNION BENEFITS REGARDING VACATION LEAVE
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING AN AMENDMENT TO THE SUMMAR OF NON-UNION
BENEFITS REGARDING VACATION LEAVE
RESOLVED, that all non-union employees be allowed to cash-in up to
50% of their vacation days, up to ten (10) days maximum, regardless of their
current vacation day balance, provided they are cashed-in one time between the
date of this resolution and May 31, 2012. It is further noted that for eligible
employees, one year must elapse between the date these days are taken and the
next eligible day to cash-in vacation days.
On a motion made by Trustee Brown, and seconded by Trustee Marrow, the
resolution was adopted. This change was also made last year in order to
accommodate the employees.
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
Board of Trustees Meeting
November 8,2011
Page 9 of 12
Mr. Bradbury read the following resolution:
RESOLUTION
APPOINTMENT OF SUPT. OF PUBLIC WORKS
RESOLVED, that Michal J. Nowak, of 15 Lincoln Ave., Somers,New York, is hereby
appointed to the position of Supt. of Public Works with the Village of Rye Brook, subject
to the Civil Service procedures of the State of New York; and be it
FURTHER RESOLVED, that the annual salary is $86,000 with an effective start date
of November 9, 2011.
On a motion made by Trustee Brown, and seconded by Trustee Marrow, the
resolution was adopted.
Mayor Feinstein noted that Mr. Nowak has been an employee of the Village for
the past 6 years. He has been an incredible member of the staff with a stellar work
ethic.
Mr. Bradbury noted that Mr. Nowak is always willing to help out. He is a benefit
to the Village or Rye Brook.
Trustee Rosenberg agreed noting that every storm he is out there doing a
spectacular job.
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
(7) Considering the cancellation of the 2nd December Board of Trustees
meeting.
Mr. Bradbury read the following resolution:
Board of Trustees Meeting
November 8,2011
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RESOLUTION
CANCELLING OF A DECEMBER BOARD OF TRUSTEE MEETING
RESOLVED, that the December 27, 2011 Board of Trustees meeting is hereby
cancelled.
On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the
December 27th regular meeting of the Board of Trustees was cancelled.
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
ADMINISTRATOR'S REPORT
Mr. Bradbury noted that the Village Offices will be closed on Friday, November
11th for Veterans' Day. He pointed out that this is not a sanitation holiday.
The leaf pick-up program is continuing. The Village is also working to assist
residents with storm clean up. The Highway did a great job during the storm.
There will be one more pass through the Village for large limbs, then back to the
leaf pick up. Additional information is available on the Village's website.
The paving program is also moving along. The curbing is now being finished up.
Mr. Bradbury noted that the drainage project in Rye Hills has been completed.
The new project currently being worked on is the bathrooms at the A.J. Posillipo
Center.
Mayor Feinstein noted that the next Board of Trustee meetings were scheduled for
November 22, 2011 and December 13, 2011. She called for members of the
public wishing to address the Board. There being no one, she called for a motion
to adjourn.
Board of Trustees Meeting
November 8,2011
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On a motion made by Trustee Rednick, and seconded by Trustee Rosenberg, the
meeting was adjourned at 8:23 p.m.
Board of Trustees Meeting
November 8,2011
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