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HomeMy WebLinkAbout2009-07-14 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, JULY 14, 2009-7:30 P.M. AGENDA 6:45 PM– Executive Session– Fire Fighter Contract Negotiations – Compensation of Non-Represented Employees ROLL CALL PLEDGE OF ALLEGIANCE RESOLUTIONS: (1) Considering the use of Village streets for a block party on Old Orchard Road (2) Considering the Award of Bid 09-11: Surplus Vehicles and authorizing a bid for surplus vehicles (3) Setting a public hearing to consider a proposed local law amending Chapter 212 of the Village of Rye Brook Village Code regarding sprinklers (4) Setting a public hearing to consider a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance (5) Authorizing a letter demanding compliance with Section 186-2(A) of the Village Code (6) Considering the approval of minutes – May 12, 2009; May 26, 2009; June 23, 2009 ADMINISTRATOR'S REPORT Board of Trustees Meeting July 14,2009 Page 1 OLD BUSINESS: (1) Edgewood/Bluebird Hollow Detention Basin Special Meeting scheduled for Wednesday, July 15, 2009 at 7:30pm DISCUSSION ITEMS: (1) Status of conversations regarding Rye Brook's Zip Code (2)Update on AHOA PUD matters, including review of April, 2009 PUD modification submissions, commercial equipment violations at maintenance shed area, etc. (3)Update on Code enforcement matters such as (a) encroachments on municipal property, (b) the home occupation law, (c) the illegal signage and parking at the (Ran Oil) Valero service station at Bowman Avenue/ So. Ridge Street, etc. ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS: 7/28/09 and 8/11/09 BOARD: Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Edward Beane, Esq., Village Counsel Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary Mayor Joan L. Feinstein welcomed everyone to the July 14, 2009 Regular Meeting of the Board of Trustees. She called for the first resolution on the agenda: Board of Trustees Meeting July 14,2009 Page 2 RESOLUTIONS: (1) CONSIDERING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON OLD ORCHARD ROAD Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE USE OF VILLAGE STREETS FOR A BLOCK PARTY ON OLD ORCHARD ROAD RESOLVED, that the use of Old Orchard Road, between Winding Wood South and Berkley, for a block party on Saturday, August 29, 2009 (rain date of Sunday, August 30, 2009) is hereby approved with the terms to be established by the Rye Brook Police Department. Mayor Feinstein stated that a letter was received by the Village from two residents chairing this function. They have requested the use of Village streets for a Block Party which has been scheduled for approximately four (4) hours: 4:00 p.m. to 8:00 p.m. People will be coming and going, and the Police Department will be notified of this function. Trustee Dean Santon noted that there must be a lane of travel open for emergency vehicles. He pointed out that the only a portion of Winding Wood South, to Berkley Drive, would be used for this function (in the front of approximately three homes). On a motion made by Trustee Michael Brown and seconded by Trustee Dean Santon, the resolution was adopted. Mr. David Burke, Assistant to the Administrator, called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Board of Trustees Meeting July 14,2009 Page 3 Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Resolution#2 was called before the Board: (2) CONSIDERING THE AWARD OF BID 09-11: SURPLUS VEHICLES AND AUTHORIZING A BID FOR SURPLUS VEHICLES Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #09-11: SURPLUS VEHICLES AND AUTHORIZE A REBID FOR SURPLUS VEHICLES WHEREAS, the Village of Rye Brook has solicited bids for contract#09-11 "Surplus Vehicles;" and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on June 19, 2009; and WHEREAS, at 10:00 a.m., Wednesday, July 1, 2009, all bids received were opened as summarized below: Vehicle Bidder Bid Amount 1999 Ford Crown Victoria Vin: 2FAFP71W2XX199988 Bay Ridge Motors $177 1999 Ford Crown Victoria Vin: 2FAFP71WOXX199989 Bay Ridge Motors $177 2000 Ford Crown Victoria Vin: 2FAFP71W5YX178796 Grace Quality Used Cars $ 350 2001 Ford Crown Victoria Vin: 2FAFP71WXIX172062 Grace Quality Used Cars $ 650 Board of Trustees Meeting July 14,2009 Page 4 2004 Ford Crown Victoria Vin: 2FAHP71W04X179549 Grace Quality Used Cars $2455 2004 Ford Crown Victoria Vin: 2FAHP71W84X179511 Grace Quality Used Cars $2455 2006 Ford Crown Victoria Vin: 2FAHP71W76X102356 No bid received 1996 Chevrolet Tahoe 3500 Vin: 1GNEK13R5TJ396271 National Powerboat Assoc.$ 503 1988 GMC G-1/H-3 3500 Vin: 1GTGK34K5JE524755 No bid received; and WHEREAS, Bay Ridge Motors did not provide a certified check for the full amount of their respective bid thereby disqualifying their bid. NOW THEREFORE BE IT RESOLVED, the surplus vehicles are hereby awarded to the following highest bidders: Vehicle Bidder Bid Amount 2000 Ford Crown Victoria Vin: 2FAFP71W5YX178796 Grace Quality Used Cars $ 350 2001 Ford Crown Victoria Vin: 2FAFP71WXIX172062 Grace Quality Used Cars $ 650 2004 Ford Crown Victoria Vin: 2FAHP71W04X179549 Grace Quality Used Cars $2455 2004 Ford Crown Victoria Vin: 2FAHP71W84X179511 Grace Quality Used Cars $2455 1996 Chevrolet Tahoe 3500 Vin: 1GNEK13R5TJ396271 National Powerboat Assoc.$ 503 Board of Trustees Meeting July 14,2009 Page 5 AND BE IT FURTHER RESOLVED, the Village will rebid all unsold surplus vehicles; and be it FURTHER RESOLVED, that the equipment listed below is declared surplus to be sold to the highest qualified bidder through sealed bids solicited through classified advertisement in the official paper of the Village: 1997 Ford Crown Victoria VIN: 2FALP71W7VX185893 Mr. Bradbury noted that these vehicles are older vehicles. The ones not sold will be put out to bid again. On a motion made by Trustee Santon, and seconded by Trustee Patricia Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye (3) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 212 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SPRINKLERS Mr. Bradbury read the following resolution: RESOLUTION Board of Trustees Meeting July 14,2009 Page 6 SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 212 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SPRINKLERS WHEREAS, the Board of Trustees is considering amendments to Chapter 212, Section 5 of the Village Code sprinklers. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on August 11, 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 this law was being amended to comply with New York State Law. The amendments will bring Rye Brook's Code up to the State Code. This resolution sets a public hearing on this matter. Mayor Feinstein questioned the definitions for this portion of the Code. Mr. Bradbury noted that he would review the definitions. Mr. Beane addressed the sprinkler requirement, noting that if there is a change in use then the building will need to be sprinklered. It was noted that this area will be reviewed and discussed at the public hearing. Mayor Feinstein requested a substantive language change in the proposed local law. She noted that she would give the proposed language to Mr. Beane for review. In order to allow for additional review of the proposed amendments, the consensus of the Board was to change the date of the public hearing from July 28th to August 11 t'. On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the resolution was adopted amended. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 14,2009 Page 7 (4) SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW AMENDING CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 186 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING PROPERTY MAINTENANCE WHEREAS, the Board of Trustees is considering amendments to Chapter 186, Section 4 of the Village Code regarding property maintenance. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on July 28, 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 dumpsters were not addressed in the Village's Code prior to this amendment. Mr. Beane, Village Counsel, and Mr. Bradbury stated that they would work on the wording and forward it to the Board for review. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was adopted amended. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting July 14,2009 Page 8 (5) AUTHORIZING A LETTER DEMANDING COMPLIANCE WITH SECTION 186-2(A) OF THE VILLAGE CODE Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING A LETTER DEMANDING COMPLIANCE WITH §186-2(A) OF THE VILLAGE CODE WHEREAS, every owner, tenant, occupant or person legally in possession of land in the Village of Rye Brook, is obligated to maintain such property in accordance with §186-2(A) of the Village Code so as to keep such property clear of unsightly or objectionable materials which are or might tend to become health, safety or fire hazards removed from such land and to maintain the growth of grasses and shrubs; and WHEREAS, the Building Inspector has advised the Board of Trustees that properties located at 1 Lincoln Avenue and 10 Terrace Court within the village of Rye Brook are currently in violation of §186-2(A) of the Village Code; NOW, THEREFORE, BE IT RESOLVED, that in accordance with Village Code §186-2(B), the Board of Trustees of the Village of Rye Brook shall cause to be serve the owners of 1 Lincoln Avenue and 10 Terrace Court by mail a written notice requiring such owner to comply with the provisions of Village Code §186-2(A); and it is FURTHER RESOLVED, that if such owner fails, neglects or refuses to comply within five days after service of such notice, the Director of Public Works shall cause the violation to be corrected and the owner shall pay to the Village all costs in connection with such correction within 30 days after the completion thereof. If the Owner does not remit payment within the thirty (30) day period, the costs incurred by the Village to correct the violation shall become a lien on the premises located at 1 Lincoln Avenue and 10 Terrace Court. Board of Trustees Meeting July 14,2009 Page 9 Mayor Feinstein noted that 1 Lincoln Avenue is a foreclosure but that the property must be maintained. The same is true for 10 Terrace Court. She requested wording change to clarify that a lien could be placed on the properties. On a motion made by Trustee Brown, and seconded by Trustee Santon, the resolution was adopted. Mr. Burke called the roll: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING THE APPROVAL OF MINUTES — May 12, 2009; May 26, 2009; June 23, 2009 Mayor Feinstein noted the summaries would be addressed at the next Board of Trustees meeting. The matter was adjourned with the consensus of the Board. The Board of Trustees then acted on a matter that was not previously on the Agenda. The Board needed to fill an unexpired vacancy on the Ethics Committee and proposed Kenneth Finder take the place of Barbara Bernstein. On a motion made by Trustee Rosenberg and seconded by Trustee Santon, the following resolution was adopted. CONSIDERING AN APPOINTMENT TO THE ETHICS COMMITTEE RESOLVED, that Kenneth Finder of 3 Carlton Lane is hereby appointed to fill the unexpired term of Barbara Bernstein on the Village of Rye Brook Ethics Committee which term will expire on the first Monday in April 2010. Board of Trustees Meeting July 14,2009 Page 10 On a motion made by Trustee Patricia Sanders Romano and seconded by Trustee Santon, the resolution was adopted. Mayor Feinstein noted that Barbara Bernstein, former board member, has resigned. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called upon Mr. Bradbury for his report: ADMINISTRATOR'S REPORT Mr. Bradbury began his updates for the Board by noting that Harkness Park work was under way. There is an update about this project on the Village's website. The project now involves drainage work, which will go out to bid next week. Street resurfacing bids are going out and will be due back by August 6th. The Highway Department is very busy patching potholes throughout the Village. The Village met with representatives from the Arbors last week. The Administrator's Office is expecting a new submission within 30 days. Rye Brook and Greenwich officials attended a meeting which was held with the New York State Department of Transportation. It was a productive meeting. Mr. Bradbury noted that there is a new regional director for the Department of Transportation and the Village seems to now have the D.O.T.'s attention. The State came to Rye Brook and they realize that this matter has been lingering for quite some time. Some signs have already been replaced. Mayor Feinstein noted that a new traffic count will be done on King Street, in September, and the Department of Transportation will report back to the Village in October. Board of Trustees Meeting July 14,2009 Page 11 Mr. Bradbury noted that there was a second committee meeting held on the sluice gate project. This involves a form of the legacy grant and is a project involving Rye Brook and Rye. OLD BUSINESS: (1) EDGEWOOD/BLUEBIRD HOLLOW DETENTION BASIN SPECIAL MEETING SCHEDULED FOR WEDNESDAY, JULY 15, 2009 AT 7:30 P.M. Mr. Bradbury noted that this matter was on the agenda in order to ensure public awareness. There is information available on the Village's website. The project has gone out to bid, but the bids have come back higher than expected. The numbers exceeded the anticipated budget and there were some pretty significant increases in costs. The Village will be holding a separate meeting for discussion on this subject, and residents are invited. The meeting is scheduled for Wednesday, July 15th. Everyone will have a chance to ask questions. Mayor Feinstein noted that she met with the mayors of surrounding municipalities to discuss entering into a joint application to study a co-terminus Village. Six individuals met to discuss this matter. This was the first joint meeting. A committee has been created to meet and discuss shared services and similar issues. A grant application will be drafted to apply for funds for the study. The meeting was very productive and well attended by elected officials of the surrounding municipalities. The next meeting is a week from Thursday where the Rye Neck portion of the Town of Rye will be addressed. Mayor Feinstein noted that there was a discussion regarding the D.A.R.E. program. She felt that it would be prudent to consider an expanded D.A.R.E. program and had previously asked that this matter be addressed at the time of the Budget Workshop sessions. DISCUSSION ITEMS: Board of Trustees Meeting July 14,2009 Page 12 (1) STATUS OF CONVERSATIONS REGARDING RYE BROOK'S ZIP CODE Mayor Feinstein noted that every administration has discussed a separate zip code for Rye Brook. This issue has been discussed many times over the years. She asked for the consensus of the Board regarding pursuing this matter. Trustee Santon noted that when the Village of Rye Brook came into existence 27 years ago the mail was delivered the same way. He noted that Mayor Feinstein was the fourth mayor to discuss this issue. He felt that it would be nice to have the identity of where we live. Rye Brook is a sovereign village. He noted that some apartment buildings in New York City have their own zip code. He felt that this matter should be pursued. Mr. Bradbury noted that he did some preliminary work on this issue last year. There is a very specific process that must be followed. A committee should be formed to review the application process. Mr. Gary Zuckerman and former Mayor Lawrence Rand have also reviewed this issue. Mr. Bradbury noted that a timetable will be created and the review will continue. He stated that he would report back to the Board of Trustees on this matter. (2) UPDATE ON AHOA PUD MATTERS, INCLUDING REVIEW OF APRIL, 2009 PUD MODIFICATION SUBMISSIONS, COMMERCIAL EQUIPMENT VIOLATIONS AT MAINTENANCE SHED AREA, ETC. Trustee Santon noted that the discussion items dealt with Code Compliance matters. This matter has been discussed in public sessions. The initial submission was deficient, and a new submission has been made. The Board of Trustees will be reviewing the modification plan. Mr. Bradbury noted that the meeting held last week was organized by Village Counsel. This issue will involve a very lengthy staff review. There have been quite a number of meetings held over the past year. The Arbors representatives know what they need to do and they are working on new plans. Trustee Santon stated that someone must address the SEQRA process. Board of Trustees Meeting July 14,2009 Page 13 Mayor Feinstein noted that the Arbors has been working very closely with the Village. A long time has past, but it is better to have everything correct before proceeding. Trustee Santon addressed the issue of the Arbor's new landscaper and the storage of equipment on Arbor property. Mr. Bradbury noted that this issue includes school property that is being leased to the Arbors. His preference would be to have this covered under the P.U.D. issue as this portion of property has been incorporated into the P.U.D. This property is not used for school purposes. Village counsel and Arbors' counsel are reviewing this issue. Trustee Santon noted that this commercial vendor is storing his winter equipment without permission. It was noted that the equipment stored on the property is for use on Arbor's property only. (3) UPDATE ON CODE ENFORCEMENT MATTERS SUCH AS (A) ENCROACHMENTS ON MUNICIPAL PROPERTY, (B) THE HOME OCCUPATION LAW, (C) THE ILLEGAL SIGNAGE AND PARKING AT THE (RAN OIL) VALERO SERVICE STATION AT BOWMAN AVENUE/ SO. RIDGE STREET, ETC. Trustee Santon noted that he requested that this matter be placed on the agenda for discussion. Mr. Bradbury noted that there was a lot to deal with and these issues should be prioritized. Mayor Feinstein suggested a workshop be held to review these matters, prioritize them, and give the Village's staff direction of how to move forward and address them. Mr. Bradbury noted that some of the projects are being worked on now. He pointed out that some matters have moved, some have not, and some items require feedback. He agreed with Mayor Feinstein that reviewing these items in a workshop would be the most productive way to handle addressing the issues. Mr. Bradbury stated that encroachments on Village property have been addressed, with some of the matters corrected and others still ongoing. The Elm Hill Park encroachments were scheduled to be addressed at the Board of Trustees Meeting July 14,2009 Page 14 end of July. Mr. Bradbury noted that staff will share the information they have on these issues. Trustee Santon noted that he would have no problem with whatever way these matters are moved forward, as long as they are moved forward. The previous Board did a survey around the Rockridge area to address encroachments. Two years later notices have been sent, but the issues have not been addressed. The Village needs to be consistent when addressing encroachments; treating everyone fairly and uniformly. Trustee Santon requested a complete list of all of the encroachments. Mayor Feinstein felt that these items should be dealt with during a workshop. Encroachments, costs, and how the Village should proceed should be included in the discussion. A workshop could be scheduled within the next few weeks. Mr. Bradbury will schedule the meeting. Trustee Santon addressed the Home Occupation Law, noting that it has been reviewed and updated, and the Village's Code has been modified. Unfortunately many residents have not come in and re-registered. The Village knows who these residents are. Mayor Feinstein suggested that this matter be addressed during the work session as it is a matter that Village staff is working on. Mr. Bradbury noted that there are a certain amount of hours in a day and a certain number of staff members, in order to move projects to closure he asked that the projects be prioritized during the work session. Mr. Bradbury noted that there is a list that the staff is working through. Letters were sent out to residents with home occupations but no responses were received. Starting later this month or in early August notices of violations will be issued. Mayor Feinstein noted that the Board will give direction to the Building Department. Trustee Santon began a discussion regarding the illegal parking at the Ran Oil/Valero gas station at the corner of Ridge Street and Bowman Avenue. He also noted that there are cardboard signs and posters that are put up. A simple letter can be sent to this company stating that they are violating Village Code regarding signage. Mr. Bradbury was directed to review the signage matter. Mayor Feinstein noted that the issue of parking was tabled at a prior meeting but could be addressed during the work session. Board of Trustees Meeting July 14,2009 Page 15 Trustee Santon felt that the Building Inspector should attend the Board of Trustee meetings. There are issues that are addressed that require his expertise and input, such as the Village's Code regarding signage. Mr. Beane noted there are issues with respect to the signs, as well as issues regarding state fire suppression equipment, that are being addressed in connection with Ran Oil. The State process needs to move forward first. The reason that the application was adjourned was that the Village had a disagreement with Ran Oil on this application. Rather than have them go forward through the application process they must decide whether or not they are pre-exempted. Mayor Feinstein agreed with Trustee Santon regarding the Building Inspector's attendance at Village Meetings. It would be a positive for him to share his knowledge. Mayor Feinstein directed Mr. Bradbury to set up the work session. She asked that all Board members give Mr. Bradbury a schedule of their availability for the meeting. Mayor Feinstein called for a motion for an Executive Session. On a motion made by Trustee Rosenberg, and seconded by Trustee Santon, an Executive Session was scheduled. The roll was called: Trustee Michael S. Brown Voting Aye Trustee Paul S. Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean P. Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein noted that the next Board of Trustees meetings were scheduled for July 28, 2009 and August 11, 2009. There being no further business before the Board, the meeting was adjourned at 9:06 p.m. and the Board went directly into an Executive Session. Board of Trustees Meeting July 14,2009 Page 16