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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 Page 1 of 12 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 Page 2 of 12 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 Page 3 of 12 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 Page 4 of 12 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 Page 5 of 12 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 Page 6 of 12 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 Page 7 of 12 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 Page 10 of 12 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 Page 11 of 12 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 Page 12 of 12