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