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HomeMy WebLinkAbout2009-03-10 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MARCH 10, 2009-7:30 P.M. AGENDA 7:00 PM– Executive Session ROLL CALL PLEDGE OF ALLEGIANCE REPORT (1) Mitchell Markowitz, Tax Assessor–Assessment and Revaluation Update PUBLIC HEARINGS: (1) Public Hearing to consider approval of preliminary and final subdivision plats and a site plan development of 30 semi-attached residences on Anderson Hill Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13 (2) Public Hearing to consider a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding front yard setbacks (3) Public Hearing to consider a proposed local law to Chapter 209 of the Village of Rye Brook Village Code regarding Site Plan Review RESOLUTIONS: (1) Considering approval of preliminary and final subdivision plats and a site plan development of 30 semi-attached residences on Anderson Hill Road, Rye Brook, New York, Section 129.35, Block 1, Lot 13 (2) Considering a proposed local law to Chapter 250 of the Village of Rye Brook Village Code regarding front yard setbacks Board of Trustees Meeting March 10,2009 Page 1 (3) Considering a proposed local law to Chapter 209 of the Village of Rye Brook Village Code regarding Site Plan Review (4)Awarding Contract #09-03: Lock Lane Drainage Improvements, Phase II (5) Endorsing a request for grant assistance with Westchester County for a joint submission of a Westchester County Flood Action Program project application with the City of Rye for a sluice gate at Bowman Avenue (6) Considering the submission of additional comments by the Village of Rye Brook Board of Trustees as an involved agency to the Village of Port Chester regarding a development adjacent to Sylvan Road (7) Budget Modification—Police overtime (8) Setting a Public Hearing on proposed amendments to Chapter 235 of the Village of Rye Brook Village Code regarding Trees ADMINISTRATOR'S REPORT ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: March 24, 2009 and April 14, 2009 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul Rosenberg Trustee Dean P. Santon Excused: Trustee Patricia Sanders Romano STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Nicholas Ward Willis, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Board of Trustees Meeting March 10,2009 Page 2 Mayor Joan Feinstein welcomed everyone to the March 10, 2009 Board of Trustees Meeting. She began the meeting with the first item on the agenda; a presentation by the Village's Tax Assessor, Mr. Mitchell Markowitz. REPORT (1) MITCHELL MARKOWITZ, TAX ASSESSOR—ASSESSMENT AND REVALUATION UPDATE Mr. Markowitz addressed the Board. He noted that there were benefits to the re-evaluation to both the residents and the municipalities. He introduced the New York State Tax Department's Regional Manager, Mr. John , and asked for a brief presentation. It was noted that every property owner pays tax bills. There are county, town, and school taxes that are paid. The assessments that generate these property tax bills do not in and of themselves raise the taxes. Each taxing authority decides how much money it needs each year and then a decision is made regarding the amount of taxes to be levied. The assessment roll distributes property tax. Property owners should be tax equitably. The important standard here is the system of representing property value. If you have an assessment roll that has not been maintained for 10, 20, 30 years then the property taxes do not match the value of the homes. The property value is based on the current value. Maintaining the assessments at the current property values ensures that individual property owners are paying their fair share of taxes. In doing this, the Town of Rye has received funding from the state for keeping assessments current. With the filing of the 2009 assessment roll the Town will be completing its first six year plan to keep assessments current and accurate. The Town is now preparing for the second six year plan. Everyone wants to make sure that the value and inventory on which the values of the properties are based are as good as they can be. The Town is looking to review basic inventory items. Mayor Feinstein asked for the timeframe for the project. Mr. Markowitz noted that the Town is currently planning for a 2010 revised assessment. It is a year and half away and requires the Town to do a lot of advanced planning. The Town is soliciting photograph which will be used as a tool to evaluate properties. The second part of the process is that the Town will be going out and requesting proposals from vendors. Both interior and exterior inspections will be performed. Board of Trustees Meeting March 10,2009 Page 3 Trustee Paul Rosenberg asked how much money would be spent. Mr. Markowitz stated that this is cutting edge technology and there are different prices. The Town has photographs of each and every property dating back to 2005, however, those images are not up-to-date. There are certain tools that are available to the Town and one of those tools is a means to compare changes in properties over time. The Town is looking to judge everyone competitively, but fairly. In the next several months the Town will be preparing the 2009 assessment. Any parcel that receives a change in their value will receive written notice from his office. The homeowners will be given an opportunity to dispute the changes. Exemptions were due on or before June 1st. Starting this year these exemptions applications are due in the Tax Assessors' office no later than May Is'. There has been a lot of concern regarding Foreclosures and what this does to the value of the surrounding homes. There are homes that end up in foreclosure, and homes that are in foreclosure where the homeowner is able to save the home by working with their mortgage companies. The Tax Assessor judges the entire market place, taking into consideration the number of foreclosures. It was noted that homes are not reassessed at the value of the foreclosures. Mr. Markowitz noted that there are not as many foreclosures as people believe in Rye Brook. Trustee Dean Santon noted that the 360- photos will not tell you if someone has a finished basement, four bedroom or five bedrooms, and an extra bathroom. He felt that the Town has not accomplished a great deal since the initial re-evaluate. Over the years information has been discovered. For instance, people say "my house is the same as my neighbor's and he is assessed at...." This is not a good defense because you may have updated the home, added a bathroom, or finished the basement. In order to file a grievance you must find comparables using the Town's tax roll, but there are errors on these cards. Mr. Markowitz noted that 27% of the 11,000 parcels have been updated. This is not a small number. It was noted that street level of photography allows us to update the grade and condition of each and every parcel. There is a photo of every property from 2003. Inconsistencies will be corrected. The properties are reviewed from the public right-of-way. Mr. Markowitz noted that over the last several months the Town has inspected the sales of properties. Last year there were approximately 200 sales. Each property Board of Trustees Meeting March 10,2009 Page 4 owner of newly purchased homes were requested to allow Tax Assessor's office in to review the homes. Last year evaluations were marked down. Trustee Santon felt that this will not solve the problem. Mr. Markowitz noted that over time two houses that were identical are no longer in the same conditions. They no longer have the same kitchen and baths by virtue of renovations. The facts substantiate the Town s efforts to evaluate each property. From 2004 to date, the number of complaints has greatly diminished. People are looking for ways to lower bills. A grievance can be filed, but most people feel that it is an intimating process to lower your taxes. Trustee Santon felt that the Town should take other measures to solve the problem of inequities. Mayor Feinstein noted that parcels are being upgraded and reviewed. Mr. Markowitz noted that a slew of requirements will be put into effect. Mayor Feinstein noted that someone stated that there were 40 foreclosures in Rye Brook over the past two years. She reiterated Mr. Markowitz's comments that when a letter of default goes out it does not mean that the house is in foreclosure. She asked Mr. Markowitz to address this issue again as she would like to allay some of these rumors. It was noted that 20 homes were in foreclosure in Rye Brook. This is a very small slice of the Village's tax income. The number of people being two year in arrears on property taxes has not substantially increased over the years. Mr. Markowitz noted that it is the Town's intent to gather the best data by physically getting into the homes. In this way a fair and equitable value can be placed on each and every property. Mayor Feinstein called upon members of the public who would like to address this matter. There being no one, she noted that having better tools moves the re-evaluation of properties in the right direction. She thanked Mr. Markowitz for the update, and reminded residents of the change in filing date for grievances from June 1st to May 1st. This information will be available on the Village's website. Mayor Feinstein called for the next item on the agenda: Board of Trustees Meeting March 10,2009 Page 5 PUBLIC HEARINGS: 1) PUBLIC HEARING TO CONSIDER APPROVAL OF PRELIMINARY AND FINAL SUBDIVISION PLATS AND A SITE PLAN DEVELOPMENT OF 30 SEMI-ATTACHED RESIDENCES ON ANDERSON HILL ROAD, RYE BROOK, NEW YORK, SECTION 129.35, BLOCK 1, LOT 13 Mayor Feinstein noted that this was a continuation of a public hearing. She called upon John Wagner, Esq., the applicant's representative, for the presentation. It was noted that a lot of progress has been made regarding this application with only one issue remaining, and that was the issue of Frank's Franks. This vendor is located on the Greenwich portion of the property and the applicant was asked to look into ways to remove this establishment. Rye Brook has requested additional screening in this area. It was noted that this is an unusual site. There are 5.143 acres of wetlands which will remain untouched. 7.587 acres will be developed at the end of the project. The applicant has gone to great lengths to avoid needing any permits from the Town of Greenwich. Rye Brook will be offered a cash donation versus land for recreational use. The density of the homes has been substantially reduced at the Village's request. Trees to be planted have been identified on the plans. The plan will now include the additional trees requested by Rye Brook to screen the homes from Anderson Hill. Ms. Marilyn Timpone Mohamed, Village Consultant, noted that she has reviewed the placement of the trees. Evergreens have been added to ensure screening in the winter months and the landscape plan has been revised. Mayor Feinstein called for members of the public wishing to address the Board concerning his application. Mr. Jim Parker of One Rinhardt Terrace in Greenwich addressed the Board. He addressed the issue of changing the proposed fencing on the property from chain link to wood post. He also noted that there are a number of geese in the area and asked that the Village look into what will happen to them. He cautioned that changing the fence runs the risk of creating an attraction for geese. It was noted that the idea behind the change in fencing was to make it more esthetically pleasing for the residents. The chain link fence would eventually become less visible as the vegetation grows. Mr. Parker asked if the impact on traffic flow on King Street has been reviewed. He pointed out that it is extremely difficult making turns off of King Street during peak hours. Board of Trustees Meeting March 10,2009 Page 6 Ms. Timpone Mohamed that there are open ponds and a lot of trees and vegetation at the edge of the ponds. She also noted that there would be a construction exit constructed off of King Street, as well as the ingress/egress on Anderson Hill Road. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that a construction management plan must be submitted to the Village for review prior to the start of construction. The traffic flow at peak hours as well as the general flow has been reviewed. Trustee Santon noted that this is a work in progress. Mayor Feinstein noted that the public hearing has been open for quite some time. She asked the consensus of the Board on closing the hearing. The consensus of the Board was that the resolution required some tweaking and the public hearing could remain open in the meantime. It was noted that limitations would be listed as conditions of the resolution of approval. Mr. Les Kennedy, of the Blind Brook Club, addressed the Board. He asked if there was a timeframe for the construction. The clock will start ticking when the resolution has been approved. On a motion made by Trustee Santon, and seconded by Trustee Brown, the public hearing was adjourned to the March 24, 2009 meeting. Mr. David Burke, Assistant to the Village Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye The applicant noted that he would be before the Board again in two weeks. The resolution on this matter was also adjourned to the March 24th meeting. Mayor Feinstein called for a brief recess. Upon the Board's return, Mayor Feinstein called for the second public hearing on the agenda: Board of Trustees Meeting March 10,2009 Page 7 2) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING FRONT YARD SETBACKS It was noted that the recommendation that was received back did not address what was requested. Trustee Santon noted that since Trustee Sanders Romano was absent from this meeting, he suggested adjourning this matter to the next Board of Trustees meeting when there would be a full Board. Mayor Feinstein called for questions from members of the public. Mr. Ben Miloro questioned whether this was the public hearing for the house at 52 Hillcrest Avenue. Mayor Feinstein noted that this was a different zoning district. This public hearing had to do with the Hillendale and Northern part of Rye Brook area and front yard setbacks. Mr. Miloro noted that he was interested in information on the renovations at 52 Hillcrest and would address the Board when that matter was before them. Ms. Timpone Mohamed, Village Consultant, noted that she had the maps that the Planning Board used in reviewing this matter. It was noted that a visual aid was requested by the Board of Trustees. On a motion made by Trustee Santon, and seconded by Trustee Brown, the public hearing would remain open and be placed on the agenda for the March 24th Board of Trustees meeting. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye It was noted that the resolution on this matter would also be adjourned to the March 24th meeting. Board of Trustees Meeting March 10,2009 Page 8 3) PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW On a motion made by Trustee Santon, and seconded by Trustee Brown, the public hearing was declared open. Mr. Burke called the roll for the motion to open the public hearing: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Bradbury began the presentation on this matter by noting that a local law has been proposed. This issue brings an application back for site plan approval if the original plans are amended or if the construction has taken over a year and has not yet been completed before the Certification of Occupancy has been issued. Trustee Santon noted that more and more projects are taking at least 1 '/z years to construct. A tear down could easily be a 1 �/z year project. Mayor Feinstein called for questions and comments from the community. There being no one wishing to address the Board on this matter, the public hearing was closed. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting March 10,2009 Page 9 RESOLUTIONS: 3) CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SITE PLAN REVIEW WHEREAS, the Board of Trustees is considering amendments to Chapter 209 of the Code of the Village of Rye Brook concerning Site Plan Review; and WHEREAS, the proposed amendments require site plan review for major amendments to a previously approved site plan on a residential property either before or within one year of issuance of the certificate of occupancy; and WHEREAS, on March 10, 2009 the Board of Trustees opened a public hearing on the subject Local Law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said Local Law and the public hearing was closed on March 10, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 209 of the Code as proposed concerning Site Plan Review. Trustee Santon asked for an amendment to the proposed local law clarifying the issuance of a final Certificate of Occupancy. He wanted to be sure that no temporary Certificates of Occupancy were issued. Trustee Rosenberg asked for clarification regarding what a minor modification was. If someone re-grades their property during construction, Board of Trustees Meeting March 10,2009 Page 10 is this considered a minor modification or do they have to return before the Board for site plan approval? He wanted to be sure that the Building Inspector has the tools that he needs. The Village does not want to make these amendments to onerous that applicants will have to come back for a site plan review when it really is not necessary. Mr. Victor Carosi, Village Engineer, noted that this matter was before the Planning Board. There are so many potential standards that the Village's professionals should review the changes to the plans and make the determination of whether or not the matter calls for a site plan review. The Village need to rely on the judgment of the professionals. His recommendation was to leave the local law as amended and if problems arise then it could be reviewed again and tweaked. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was approved, as amended. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that there were members of the public waiting the discussion of item #6. As a courtesy, and with the consensus of the Board, this matter was taken out of order. 6) CONSIDERING THE SUBMISSION OF ADDITIONAL COMMENTS BY THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES AS AN INVOLVED AGENCY TO THE VILLAGE OF PORT CHESTER REGARDING A DEVELOPMENT ADJACENT TO SYLVAN ROAD Mr. Bradbury read the following resolution: Board of Trustees Meeting March 10,2009 Page 11 RESOLUTION CONSIDERING THE SUBMISSION OF ADDITIONAL COMMENTS BY THE VILLAGE OF RYE BROOK BOARD OF TRUSTEES AS AN INVOLVED AGENCY TO THE VILLAGE OF PORT CHESTER REGARDING A DEVELOPMENT ADJACENT TO SYLVAN ROAD WHEREAS, the Village of Port Chester Planning Commission, as the lead agency, is currently considering a subdivision application for a three (3) lot subdivision and site plan for properties predominately located in the Village of Port Chester and adjacent to Sylvan Road and Candy Lane in the Village of Rye Brook; and WHEREAS, the Village of Rye Brook is an involved agency under the State Environmental Quality Review Act ("SEQRA") because it will have final approval authority over certain permits with respect to the subdivision; and WHEREAS, the Village of Rye Brook previously submitted comments on this application in a letter from Mayor Feinstein to the members of the Port Chester Planning Commission dated June 19, 2008; and WHEREAS, the Village of Rye Brook Board of Trustees, as an involved agency, has reviewed another preliminary plan of the subdivision last revised on January 29, 2009, along with the applicant's February 24, 2009 response to the Village's June 19, 2008 letter and additional information provided to the Village by the applicant; and WHEREAS, the Village of Rye Brook has some additional questions and concerns that it wishes to express to the Village of Port Chester Planning Commission, including the following items: • The February 24, 2009 response is from the applicant, not the Port Chester Planning Commission. Does the Port Chester Planning Commission, as the Lead Agency, agree with all items in the applicant's response letter? • If the Lot 1 driveway is to remain, the applicant will need a street opening permit from the Rye Brook Village Engineer. Board of Trustees Meeting March 10,2009 Page 12 • The applicant is required to apply to the Village Board for permission to modify the Rye Brook public property in front of Lots 1 and 2. This area is part of the paper street that is proposed to be cleared and grass planted along with five Colorado Blue Spruce trees. The Village Board will have to determine whether or not the area should be disturbed, as well as whether any grass, trees or other landscaping should be planted. • It is not recommend that any trees be planted in the paper street area. If trees are to be considered, it is recommended that 2-3 street trees (not Blue Spruces) be planted on both Sylvan Road and Argyle Road within 5-10 feet of the curb line in the right-of-way near Candy Lane and Sylvan Road. • The applicant's landscaping plan appears very deficient considering the loss of vegetation in this area. At a minimum, it is recommended that screening trees (ex. evergreens) be placed adjacent to existing Argyle Road and Sylvan Road properties adjacent to this development. • Please clarify who would be responsible for maintaining the newly created grass area in the municipal paper street. It should be clear that the creation of this development should not result in making it the added responsibility of the municipality to cut the grass on the public property in front of Lots 1 and 2. If a property owner is responsible for the maintenance, how will it be determined which property owner is to maintain the area (the owners of Lots 1, 2, and/or 3? Existing Argyle Road or Candy Lane homeowners?) as it will appear that certain front or side yards would be extended without paying taxes on this public property. • It is recommended that a berm be placed at the end of Lot 1's driveway to prevent water from going down the driveway or to the north of the home. • The applicant has asked if the Village has any coordinates for the municipal property line between Rye Brook and Port Chester to help determine whether or not part of Lot 1 is in Rye Brook. The Village will provide this information which Trustee Santon received from the Town of Rye when Rye Brook filed to become a Village. The applicant can then have a surveyor plot the coordinates. Board of Trustees Meeting March 10,2009 Page 13 • It is recommended that permanent municipal property markers be placed at each end of the paper street indicating the location of Rye Brook and Port Chester properties. This recommendation directly relates to the maintenance of this area in the future. • The Village of Rye Brook will require a written Construction Plan detailing any use of Village streets or public property during the construction phase. • There is a drainage swale located on the northerly side of Lot 1. The Village will expect to receive as built surveys making sure the drainage swale has been built to carry water within the confines of Lot 1 and not the adjacent property. • It is requested that the applicant substantiate the size of the dry well behind Lot 1 to make sure it is a size that will adequately capture the amount of street and property stormwater runoff. NOW THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby authorizes the Mayor of the Village of Rye Brook to send a letter to the Village of Port Chester Planning Commission summarizing the questions and concerns presented by the Board as an involved agency with respect to this subdivision application on the Board's behalf. Trustee Santon began a discussion on point four of the resolution that addresses the paper street area and the number of trees to be planted. Mr. Bradbury clarified that this section discusses the Rye Brook portion of the paper street area. The trees will be planted in the municipal right-of- way. Trustee Santon reviewed the Village maps that included the leaps and bounds. The Village of Rye Brook does not have an Official Plan because it was never adopted by the Rye Brook Board of Trustees. He presented the Board with the plan that is now 72 years old on which intent was to identify the roadways and their widths. However, there are no properties identified. K.A. Kirby used this plan to create an outline map, which shows the perimeter of the Village of Rye Brook. There is a legal description, and it shows the leaps and bounds. Interestingly, it does match the Port Chester plan. The leaps and bounds do match up. There are basically two lines that Board of Trustees Meeting March 10,2009 Page 14 separate Rye Brook and Port Chester. Trustee Santon noted that he has been attending all of the public hearings in Port Chester as an individual. He stated that it will be interesting to see where the lines go and how much of the paper street and the lot are really in Rye Brook. Rye Brook has ordinances that Port Chester does not, i.e.: Steep Slopes. Trustee Santon felt that there should be site plan review for the portion of the property in Rye Brook. Mr. Bradbury noted that the curb cut is another issue to be addressed by Rye Brook. There are other issues to be reviewed, such as the connection of the gas line and the effect on Rye Brook roadways, the easements that will be put in place— drainage and sewer. Trustee Santon noted that he was elected by the residents of Rye Brook and as an elected Trustee and a resident of Rye Brook he was allowed to attend the Village meetings in Port Chester. The Official ruling of the Village of Rye Brook is made by the Board of Trustees as a whole. This is the second time that this matter has been discussed publicly. As the project evolves, Rye Brook will continue to be evolved because of the impacts to the Rye Brook residents. Mr. Bradbury reviewed the proposes changes to the resolution. Mayor Feinstein called for questions and comments on this matter. Aldo Vitagliano, Esq., attorney for the applicant, addressed the Board. He thanked the Board for the comments. He noted that he as the Town Attorney at the time that Rye Brook was created and that he was very familiar with the map that Trustee Santon discussed. The leaps and bounds on the map were discussed, along with the need for a curb cut in Rye Brook. A resident of Ridge Boulevard in Port Chester addressed the Board and thanked the Board for the review of this application. She noted that this development will greatly affect the surrounding properties. The removal of the trees is a concern for the surrounding neighbors not only because of the change in character that clear cutting this lot will cause but, more importantly, because of the additional water runoff that will result from the additional impervious surface. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted. Board of Trustees Meeting March 10,2009 Page 15 Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) AWARDING CONTRACT #09-03: LOCK LANE DRAINAGE IMPROVEMENTS, PHASE II Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #09-03: LOCH LANE DRAINAGE IMPROVEMENTS, PHASE II WHEREAS, the Village of Rye Brook has solicited bids for contract 09-03 "LOCH LANE DRAINAGE IMPROVEMENTS, PHASE II"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on January 15', 18th, 21st, and 25tH , 2009; and WHEREAS, at 10:00 a.m., Wednesday, February 4th, 2009, all bids received were opened as summarized below; and BID BID BOND/ BIDDER AMOUNT CHECK DeRosa Tennis Contractors, Inc. $99,730.00 Yes Landi Contracting, Inc. $99,775.00 Yes WD Excavation & Contracting, Inc. $110,000.00 Yes Vernon Hills Contracting Corp. $1211275.00 Yes Fourmen Construction Inc. $121,620.00 Yes Marquise Construction & Develop. Corp. $121,975.00 Yes Con Tech Construction Technology, Inc. $132,405.00 Yes Abbott & Price, Inc. $142,013.50 Yes Board of Trustees Meeting March 10,2009 Page 16 Commercial Sweeping Service, Inc $163,369.00 Yes ELQ Industries, Inc. $175,575.00 Yes United Septic & Excavation Corp. $184,550.00 Yes Bradhurst Site Construction Corp. $184,710.00 Yes PCI, Industries Corp. $185,200.00 Yes Tardio Landscape Contracting, Inc. $192,779.95 Yes Harrison Park Assoc., Inc. $239,500.55 Yes Joken Development Corp. $241,750.00 Yes Ben Ciccone, Inc $253,000.00 Yes Rock Island Contractors $281,875.00 Yes Cassidy Excavating, Inc. $330,500.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is DeRosa Tennis Contractors, Inc. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #09-03 "Loch Lane Drainage Improvements Phase IP' is hereby awarded to DeRosa Tennis Contractors, Inc., for the total bid price of $99,730; and be it FURTHER RESOLVED that the Mayor is hereby authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution, including entering into a License Agreement with the property owners at 2 Hillandale Road and 17 Loch Lane for the purposes of accessing the brook. Mayor Feinstein noted that there were 19 bidders for this project. She asked what this work will do to Loch Lane since it was just paved. Mr. Victor Carosi, Village Engineer, addressed the Board. He noted that within ten (10) days of the award the bidder must provide the necessary insurance documents, and then the project will move forward. He stated that he did not expect any damage to Loch Lane as a result of this project. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was approved. Mr. Burke called the roll: Board of Trustees Meeting March 10,2009 Page 17 Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mr. Ben Miloro of Hillcrest Avenue addressed the Board regarding the construction on 52 Hillcrest Avenue. This is a one-family home that is being converted into a two-family home. This is a 50' x 100' lot. All of these houses have in this area has the same setback. He questioned why the Planning Board requested that the front porch of this home be removed. He felt that aesthetically the home looked better with the porch. Mayor Feinstein noted that the Board of Trustees did not hear this application. Trustee Santon noted that the application for conversion of this home from a one-family to a two-family home was before the Planning Board and the Zoning Board of Appeals. The applicants went through the process and received the approvals that they needed. The application was reviewed by the Village's staff and consultants and the removal of the porch was a condition of approval. The applicants received approval to construct and they were satisfied. Mayor Feinstein thanked Mr. Miloro for bringing up this matter. It was noted that the applicants have professionals working for them and if they want to amend their plans they know the process. Mayor Feinstein called for the next item on the agenda: 5) ENDORSING A REQUEST FOR GRANT ASSISTANCE WITH WESTCHESTER COUNTY FOR A JOINT SUBMISSION OF A WESTCHESTER COUNTY FLOOD ACTION PROGRAM PROJECT APPLICATION WITH THE CITY OF RYE FOR A SLUICE GATE AT BOWMAN AVENUE Mr. Bradbury read the following resolution: Board of Trustees Meeting March 10,2009 Page 18 RESOLUTION ENDORSING A REQUEST FOR GRANT ASSISTANCE WITH WESTCHESTER COUNTY FOR A JOINT SUBMISSION OF A WESTCHESTER COUNTY FLOOD ACTION PROGRAM PROJECT APPLICATION WITH THE CITY OF RYE FOR A SLUICE GATE AT BOWMAN AVENUE WHEREAS, in 2007 Westchester County Executive Andrew Spano established the Westchester County Flood Mitigation Program and formed the Westchester County Flood Action Task Force to address flooding within the County; and WHEREAS, the Flood Mitigation Program enables Westchester County to partner with municipalities and other government agencies to provide funding for flood control or flood damage reduction projects where there is also a County purpose to be served; and WHEREAS, the Village of Rye Brook wishes to participate in the Westchester County Flood Mitigation Program and has submitted an application to the County of Westchester for financial assistance to address flooding within their municipality; and WHEREAS, the Village of Rye Brook has passed a resolution on January 13, 2009 authorizing the approval of the flood mitigation project Bowman Spillway Sluice Gate; and WHEREAS, the Village of Rye Brook will consider the adoption of "Development and Planning Standards" of the Westchester County Flood Action Task Force into applicable municipal regulations, guidelines and policies and acknowledge that they must be adopted in order to receive any payments from the County of Westchester for its flood mitigation project Bowman Spillway Sluice Gate. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook will work with the City of Rye to conduct a SEQRA identifying the County of Westchester as an involved agency in accordance with the New York State Environmental Quality Review Act; and be it further Board of Trustees Meeting March 10,2009 Page 19 RESOLVED, the Village of Rye Brook will commit $136,710 as the local share of the cost of the flood mitigation project Bowman Spillway Sluice Gate, such funds to be provided from various non-County sources; and be it further RESOLVED, that the Board of Trustees of the Village of Rye Brook does hereby commit to working cooperatively with Westchester County and other municipalities in Westchester County within the watersheds that include land within the Village of Rye Brook to reduce flooding and flood damages; and be it further RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Village Mayor and Administrator to work with the City of Rye and the County of Westchester to prepare an Intermunicipal Agreement to accomplish the objectives of the aforementioned project. Mayor Feinstein noted that now that the application for this project is progressing, this resolution allows the Village to move to the next step. In order to proceed with the request for funding, this resolution must be adopted. Trustee Santon felt that all the costs should be listed in the resolution. Mr. Bradbury noted that the costs for each municipality and the County were listed in the original resolution. This is an amended resolution that allows the project to move forward. The total project cost is $2,221,100.00. The Rye Brook share is $136,710.00 and the Rye City share is $546,840.00. These are proposed amounts. On a motion made by Trustee Rosenberg, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting March 10,2009 Page 20 7) BUDGET MODIFICATION—POLICE OVERTIME Mr. Bradbury read the following resolution: RESOLUTION BUDGET MODIFICATION—POLICE OVERTIME RESOLVED, that the following budget modification be hereby approved: FROM TO AMOUNT 101.1990.424 101.3120.189 $ 58,000.00 (Contingency) (Police Dept. — Overtime) 101.1990.424 101.3120.470 $ 9,000.00 (Contingency) (Police Dept. — Professional Development) Mayor Feinstein noted that overtime for the police department has been $144,000 through January 31st. She questioned what happened in a four (4) month timeframe that brought about this transfer request. Mr. Bradbury noted that a review was done of things coming up and the increase to this account was requested. The Police Department has not yet taken advantage of professional development in 2009. Each officer is entitled to professional development up to a certain dollar amount. The officers are encouraged to take advantage of this educational service. Mayor Feinstein noted that the overtime issue is discussed often. Mr. Bradbury noted that there are three (3) officers currently out on Workers' Compensation. One officer is in training. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was tabled to the next Board of Trustee meeting. Mr. Burke called the roll: Board of Trustees Meeting March 10,2009 Page 21 Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 8) SETTING A PUBLIC HEARING ON PROPOSED AMENDMENTS TO CHAPTER 235 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING TREES Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING FOR AMENDMENTS TO CHAPTER 235 OF THE VILLAGE CODE WHEREAS, the Board of Trustees is considering amendments to Chapter 235 of the Village Code regarding Trees. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on March 24, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Mr. Bradbury noted that the Village has had discussions regarding modifications to the Tree Code. This law would make the Board of Trustees the approval authority for the removal of any significant trees. There are other issues and projects that are also being reviewed. The Board would consider tree removals that go beyond staff approvals and the Environmental Counsel would focus more on beautification and tree replantings, etc. The meetings for the Board of Trustees will be separate from the Regular Meetings of the Board of Trustees, within forty-five (45) days of the application. Trustee Rosenberg requested amendments to the proposed local law. The Board reviewed the definition of"applicant" in the Village's Code to make Board of Trustees Meeting March 10,2009 Page 22 it very clear that the owner must be the applicant. Trustee Santon noted that before an applicant can be heard by the Board of Trustees they must have been denied approval of a permit application. The Board also discussed the size and species of a tree that would be considered significant, and the notification process. Mr. Victor Carosi, Village Engineer, addressed the Board and discussed the effects of pruning on the trees. It was noted that there are times where pruning is the direct cause of the request for tree removal. If the Village wants to address this matter then there must a timeframe. He felt that additional review was required on the section of the local law that addresses the injury provision. Village's Counsel was directed to come up with the wording for this section of the local law. On a motion made by Trustee Santon, and seconded by Trustee Brown, the resolution was adopted, as amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye ADMINISTRATOR'S REPORT Mr. Bradbury noted that on March 18, 2009, Wednesday, is the next meeting on the Budget which is required to be filed on March 20, 2009. The Edgewood Basin project is moving forward. The preliminary design is being reviewed by Mr. Dolph Rotfeld, Village Engineering Consultant, who will have a report for the Village Board in April. The Sanitation bids are in and are being reviewed by the Board. A decision will be made in April. Board of Trustees Meeting March 10,2009 Page 23 Mr. Bradbury gave a brief update on travel baseball. He noted that Rye Brook is working with the travel baseball club. The two (2) older groups will be going to purchase and all of the other age groups will be playing in Rye Brook on the municipal fields. Mayor Feinstein stated that the Village Board is now considering appointments to various Boards and Councils. She noted that anyone interested in serving on any of the committees should contact the Administrator's office, or any member of the Board of Trustees. She thanked all of the volunteers form all committees and commissions for their hard work and dedication. Mayor Feinstein noted that the Village is in the process of approving the Budget. The public hearing is scheduled for April 14, 2009. The budget must be passed prior to May 1, 2009. On a motion made by Trustee Brown, and seconded by Trustee Rosenberg, the meeting was adjourned. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting March 10,2009 Page 24