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HomeMy WebLinkAbout2009-08-11 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, AUGUST 11, 2009— 7:30 P.M. 7:00 PM EXECUTIVE SESSION ROLL CALL PLEDGE OF ALLEGIANCE REPORT: PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance (2) Public hearing to consider a proposed local law amending Chapter 212 of the Village of Rye Brook Village Code regarding sprinklers (3) Public hearing to consider a proposed local law amending Chapter 250 of the Village of Rye Brook Village Code regarding signs RESOLUTIONS: (1) Considering a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance (2) Considering a proposed local law amending Chapter 250 of the Village of Rye Brook Village Code regarding property signs (3) Setting a Public Hearing to consider a Tier III Home Occupation Permit for a personal training facility at 43 Country Ridge Drive (4) Considering a modification of the License and Permit Fee Schedule regarding flag football Board of Trustees Meeting August 11, 2009 Page 1 of 21 (5) Considering the use of Village Streets for a Block Party on Valley Terrace (6) Considering the appeal of a Tree Removal Permit denial for 9 Charles Lane (7) Considering the Award of Bid 09-14: 2009 Road Resurfacing (8) Considering the Award of Bid 09-15: Harkness Park Drainage Improvements (9) Considering the Award of Bid 09-17: Surplus Vehicles (10) Setting a Public Hearing on a proposed local law amending Chapter 240 of the Village of Rye Brook Village Code regarding Anderson Hill Road (11) Considering a retainer agreement with Keane & Beane, P.C. for services As Village Attorney for the period of June 1, 2009 through May 31, 2010 (12) Considering a Snow and Ice removal agreement with New York State Department of Transportation for the 2008/09, 2009/10 and 2010/11 snow seasons ADMINISTRATOR'S REPORT: OLD BUSINESS: (1) Considering the establishment of Drug Free School Zones (2) Considering the designation of an official Village map NEW BUSINESS: DISCUSSION ITEMS: (1) Harrison Office Park expansion at 3000-3030 Westchester Avenue ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS August 25 and September 8, 2009 Board of Trustees Meeting August 11, 2009 Page 2 of 21 BOARD: Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P. Santon Mayor Joan L. Feinstein STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Jennifer Reinke, Esq., Village Counsel Chief Greg Austin, Police Chief Robert Bertolacci, Parks & Recreation Superintendent Mike Nowak, Acting Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Meeting Secretary Mayor Feinstein welcomed everyone to the Regular Meeting of the Board of Trustees. The Mayor stated that in attendance this evening is Martin Rogowsky, County Legislator, who would address the Board about the recent news article in regard to affordable housing, a pending lawsuit and the impact on the community. Mr. Rogowsky addressed the Board and thanked them for allowing him to speak tonight. He advised the Board that in regard to the reconstruction of Ridge Street, he recently had a meeting in regard to stimulus money available and Ridge Street is on the list. He assured the Board that the job would be out to bid by the 4th quarter, stimulus money or not. Mr. Rogowsky also advised the Board that the issue of the sluice gate is set for the County Board of Legislators agenda of September 8, 2009. In regard to the newest issue regarding affordable housing, Mr. Rogowsky advised that the County Executive has signed a stipulation yesterday and the Board of Legislatures was given 45 days to ratify the stipulation. The bottom line is the basis of the lawsuit has more to do with fair housing then affordable housing. 750 units need to be built/added collectively among the communities named in the law suit in 7 years. Mr. Bradbury stated he has been in contact with the county today and was advised that late this afternoon the county posted the stipulation agreement on the website. Rye Brook is one of 18 communities named in the settlement. Mr. Bradbury asked Mr. Rogowsky if the county would be doing a new housing allocation plan to achieve the 750 unit target. Mr. Rogowsky responded that this is all relatively new but the original housing study gave units required for each community. Trustee Santon asked that if Rye Brook does not own land that is not otherwise dedicated, what the options are. Board of Trustees Meeting August 11, 2009 Page 3 of 21 Mr. Rogowsky responded that the County would pay fair market value for the land, sell it to a developer for S 1 putting the land cost out of the deal. He added that he would continually update the Board and is looking to work together to remedy this stipulation. Mayor Feinstein called for the first item on the agenda: PUBLIC HEARINGS: (1) Public hearing to consider a proposed local law amending Chapter 186 of the Village of Rye Brook Village Code regarding property maintenance After a brief discussion regarding the language of the amendment, a decision was made by the board to take another look at this and therefore hold the public hearing open and adjourn the matter to August 25, 2009. On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, Mr. Burke, Assistant to the Village Administrator, called the roll approving the resolution: 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 for the next item on the agenda: (2) Public hearing to consider a proposed local law amending Chapter 212 of the Village of Rye Brook Village Code regarding sprinklers Mayor Feinstein advised the Board that at the request of Building Inspector Izzo, this item will be adjourned to August 25, 2009 and called for a motion. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano the resolution was adopted. Mr. Burke called the roll approving the resolution: 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 August 11, 2009 Page 4 of 21 Mayor Feinstein called for the next item on the agenda: (3) Public hearing to consider a proposed local law amending Chapter 250 of the Village of Rye Brook Village Code regarding signs Mayor Feinstein called for a motion to open the Public Hearing and on a motion made by Trustee Santon and seconded by Trustee Rosenberg, 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 Mr. Bradbury explained that this local law has to do with the collection and retrieval of signs posted throughout the Village and collected by the Police Department. The signs are stored here and what this local law will do is create a time frame for collection and with the imposition of a fee, there will be an incentive for the signs to be picked up. If passed, this will require modification of the fee schedule as well. The proposed fee would be $10 for retrieval and$10 per day up to 90 per sign as the storage fee. Trustee Santon added that the point of this proposed local law is so that the streetscape will not be littered with signs and the police want the right to dispose of the signs and at the same time we also want to be able to fine people. If someone does not come to retrieve the sign, there is no one to fine. In his opinion, there should be a one time fee of $50.00 to retrieve the sign or we dispose of it. Trustee Brown believes if you make it too expensive to retrieve the sign, no one will come get them. His opinion is to charge $1 a day and at the end of 10 days, throw them out. Chief Austin explained that the signs do get picked up; sometimes quickly and sometimes it takes a while. A fine would require a court action and holding onto the sign as evidence, but an administrative fee resolves that issue. Chief Austin advised the Board that since May they have collected 81 signs. Trustee Santon suggested a $25.00 administrative fee to collect sign and after 5 days the signs gets disposed. Trustee Rosenberg made a motion for a $25.00 fee and 5 days to retrieve the sign before it is disposed. Board of Trustees Meeting August 11, 2009 Page 5 of 21 Mr. Bradbury made the wording change in the local law and a motion was made by Trustee Santon and seconded by Trustee Sanders Romano to close the Public Hearing. 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 Mr. Bradbury read the amended resolution: On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the following resolution was adopted. CONSIDERING A PROPOSED LOCAL LAW TO CHAPTER 250 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING SIGNS WHEREAS, the Board of Trustees is considering amendments to Chapter 250 of the Code of the Village of Rye Brook regarding signs; and WHEREAS, on August 11, 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 August 11, 2009. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby approves the amendments to Chapter 250 of the Code as proposed regarding signs; and BE IT FURTHER RESOLVED, the License and Permit Fee Schedule is hereby modified as follows: Fee Schedule: Police Miscellaneous Sign Removal&Storage Administrative Fee per sign) $25.00 TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Board of Trustees Meeting August 11, 2009 Page 6 of 21 Mayor Feinstein called for the next item on the agenda: (3) Setting a Public Hearing to consider a Tier III Home Occupation Permit for a personal training facility at 43 Country Ridge Drive As the applicant is Trustee Rosenberg's wife, he recused himself from this application. Mr. Bradbury read the resolution setting the Public Hearing for August 25ti' 2009 after which a motion was made by Trustee Santon and seconded by Trustee Sanders Romano and the resolution was adopted. Mrs. Debra Crystal Rosenberg, 43 Country Ridge Drive, addressed the Board and explained that the business will allow her to be a personal trainer in her home. Her plan is to have one client at a time, two at the most. She plans to stagger the appointments and there will be no street parking as she has a very long and wide driveway with more than adequate space for her clients to park. There is a room off the patio she will be using as her office and there will be no music or equipment and no deliveries. She advised the Board that she has spoke to the neighbors and there is adequate screening from the neighbor's homes as well. Mayor Feinstein asked about the hours of operation proposed which are 8 am to 5 pm Monday thru Friday and 9 am to 5 pm on weekends. She advised Mrs. Rosenberg that the Village has restricted hours in that there can be no Sunday hours but added that the Board can make exceptions based upon the business. Trustee Sanders Romano asked how long are the sessions. Mrs. Rosenberg responded that they are an hour long and she plans to stagger the appointments 10 minutes apart. Mayor Feinstein noted there would be further discussion at the Public Hearing and Trustee Brown asked that Mrs. Rosenberg have prepared a fair estimate of the number of clients she would see at any one time so as to avoid any problems in the future. As there were not any further comments, Mayor Feinstein asked Mr. Burke to call the roll for approval of the resolution: TRUSTEE BROWN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG ABSTAIN TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE RESOLUTION Board of Trustees Meeting August 11, 2009 Page 7 of 21 SETTING A PUBLIC HEARING TO CONSIDER A TIER III HOME OCCUPATION PERMIT FOR A PERSONAL TRAINING FACILITY AT 43 COUNTRY RIDGE DRIVE WHEREAS, Deborah Crystal-Rosenberg, the owner of 43 Country Ridge Drive desires to receive a Tier III Home Occupation Permit for the use of residence as a personal training facility with no employees; and WHEREAS, Deborah Crystal-Rosenberg has submitted a Tier III Home Occupation Permit Application to the Building Department; and WHEREAS, Deborah Crystal-Rosenberg has outlined the hours of operations, number of potential client and location of parked cars for the proposed Home Occupation in accordance with the Village of Rye Brook Code. NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby set for August 25, 2009 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. Mayor Feinstein called for the next item on the agenda: Mr. Bradbury read the resolution: CONSIDERING A MODIFICATION OF THE LICENSE AND PERMIT FEE SCHEDULE REGARDING FLAG FOOTBALL WHEREAS, the Parks and Recreation Superintendant has proposed an increase to the License and Permit Fee Schedule regarding Flag Football. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook License and Permit Fee Schedule is hereby modified as follows: Fee Schedule: Recreation Program Fees Flag Football $1,500 On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the resolution was adopted. Rob Bertolacci, Superintendent of Parks and Recreation, addressed the Board and provided some additional information regarding last years Flag Football program. The Village only made a small amount of money and the program was really not worth running. He believes the increased fee for this particular activity will help with the issues Board of Trustees Meeting August 11, 2009 Page 8 of 21 on the field and provide additional revenue. He noted that there are a maximum of 20 players on a team and there are 13 teams with less than 10 of the total number of people being Rye Brook residents. The old fee netted the Village $1,200 while the new rate would produce a $7,500 revenue over expenses. He also advised the Board that he has had a Captains meeting and already had a few rosters submitted and there were no complaints at the meeting regarding the new fee. Trustee Brown is concerned about the fighting that has taken place in this league. Mr. Bertolacci responded that if there is fighting, the whole team is removed from the league, since there is zero tolerance for fighting. Trustee Santon asked if it was worth the headache and aggravation at which Mr. Bertolacci explained that he believes it is in the Village's fiscal interest to offer the league as opposed to just renting the fields. There being no further discussion, Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: (5) Considering the use of Village Streets for a Block Party on Valley Terrace Mr. Bradbury read the resolution: On a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the resolution was adopted. (6) Considering the appeal of a Tree Removal Permit denial for 9 Charles Lane Mayor Feinstein noted that a fruitful site visit to the property was made by the Board on August 5th along with Dan Greto from Central Tree and Mr. Mike Nowak, acting Village Engineer. They viewed first hand the condition of the trees and very clearly there were some that needed to be removed. There was the question of the spruce tree that is up against the house and that the applicant really wanted to remove, but the board feels that all it needs is some pruning. Mr. Straus had a landscaper do some pictures and also marked up his survey as his landscaping plan. Board of Trustees Meeting August 11, 2009 Page 9 of 21 Discussion with Mr. Straus regarding what he will use to replace trees that come down— he suggested plum—maple— ash—which will meet Village code but can't say for sure or commit to that because he does not know what is coming down yet for certain. Mayor Feinstein believes the replacement trees should be left up to the professionals and the applicant. Trustee Santon noted that the spruce tree the applicant wants added to the removal list is not an unhealthy tree, it is not an attractive tree, but it also has not been pruned or maintained. He understands the applicants concern because of the trees closeness to the home. Mr. Straus has concern about the location of the tree which if it falls will land on his daughter's bedroom and pleaded with the board to allow him to remove the tree. Trustee Santon understands but because the tree drops branches does not mean it has to come down. Mr. Nowak agrees with Trustee Santon in regard to the spruce, however in regard to the 19 inch ash he feels that after the tree next to it is removed, if there is no canopy that should possibly come down as well. Trustee Santon would like to know what the resident is going to be putting back to replace the removed trees. Mr. Nowak advised the board he will work with the homeowner and that there is flexibility as this is an investment by the homeowner and he should be given some options but make the choice himself. Trustee Santon would like a more complete picture. Mr. Straus noted he has read the code and believes he has 6 months to replant and plans to stay in code but cannot determine until he see the yard when the trees come down. Trustee Santon argues that it is appropriate for us to know what you are replanting and where. Mr. Straus has relied on a professional and gave Mr. Nowak a list which he did not believe were appropriate and suggested he look at some other species at which he agreed and will look into it further. There was further discussion between the board and the applicant in regard to the landscape/replanting plan. Some believed that Mr. Nowak should work with the applicant and stay within the village code. Board of Trustees Meeting August 11, 2009 Page 10 of 21 Mrs. Timpone-Mohamed, Village Planning Consultant, is not familiar with this particular lot but if she was doing the replanting she would recommend a range of sizes based on the species of tree. She believes it is a matter of combining the texture and the color of the trees to compliment the existing landscape. Trustee Rosenberg made a motion that the board approve the removal of the 5 trees and to condition the resolution on replanting with specific dbh and a list of species suggested by Mr. Nowak and Mrs. Timpone-Mohamed. Trustee Sanders Romano seconded the motion. Mr. Bradbury read the resolution with the conditions: CONSIDERING THE APPEAL OF A TREE REMOVAL PERMIT DENIAL FOR 9 CHARLES LANE WHEREAS, William Straus, the owner of 9 Charles Lane, Rye Brook applied for a Tree Removal Permit for several trees on said property on May 27, 2009; and WHEREAS, the permit was denied by the Acting Village Engineer on the basis this would be clear cutting in a letter dated June 15, 2009; and WHEREAS, under section 235-14 of the Village of Rye Brook Village Code the property owner has the right to appeal the Tree Removal Permit denial; and WHEREAS, William Straus requested an appeal in an email dated June 16, 2009 and appeared before the Board of Trustees on July 28, 2009; and WHEREAS, the Board of Trustees requested more information on said application and appeal and subsequently held a site visit on Wednesday, August 5, 2009. NOW, THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby makes the following determination for the removal of trees at 9 Charles Lane: Approves the removal of a 21"DBH Ash tree Approves the removal of a 23"DBH Maple tree Approves the removal of a 17"DBH Maple tree Approves the removal of a 8.5" DBH Spruce tree Approves the removal of a 21" DBH Oak tree Denies the removal of a 19" DBH Ash tree Denies the removal of a 27" DBH Elm tree Denies the removal of a 24" DBH Spruce tree; and BE IT FURTHER RESOLVED, the Village of Rye Brook requires a landscaping plan as follows: The replanting of five (5) trees as per the landscaping plan all with 2" —3" DBH, and at least three (3) of the five (5) trees 2.5"-3" DBH, selected Board of Trustees Meeting August 11, 2009 Page 11 of 21 from the following species as approved by the Acting Village Engineer; Sugar Maple, Red Maple, Red Oak, White Oak, Tulip, Zelkova or Elm Hybrid. Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE ROSENBERG AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein took the next item out of order: OLD BUSINESS: (2) Considering the designation of an official Village map Mr. Bradbury advised that this is on for discussion only tonight. This proposed map includes a lot more information then the previous map. He added that there has never been an official Village map and believes it is a policy question and needs to be discussed as well as any legal impediments. Mrs. Timpone Mohamed noted that this map does not have all the information that is normally required such as infrastructure. Mr. Bradbury believes the Village should have an official map that can be used as a tool for staff and residents. Ms. Jennifer Reinke, Village Counsel, is not aware of any legal impediments regarding having the official map be the zoning map as well. If the Village chooses to adopt an official map it would require streets, highways and park land to be shown and added that there is also some benefit for showing both private and public streets. Trustee Santon noted that the 1954 map was a zoning map for the Town of Rye and should not be considered here. The Village has never adopted a map as an official map even though it is mentioned in the Village code. The Town of Rye and the Village of Port Chester did their official maps back in the 1930s and while he believes it would be nice to have one map,he also believes it may cause problems in the future. Mrs. Timpone Mohamed noted that the Board needs to give her parameters regarding the private and public streets. There are private streets such as BelleFair and James Way for example. Mr. Bradbury suggested to add them if they are maintained by a Homeowners Association. Board of Trustees Meeting August 11, 2009 Page 12 of 21 Ms. Renke noted that the distinction between public and private is pretty clear and suggested that her office do some research and see if there are any legal opinions or distinctions. Trustee Santon recommended that Winding Wood Road be changed for the map. Right now there is Winding Wood Road North and South but there is no change in the numbers based on that and believes it is really not necessary and should just be Winding Wood Road. Mayor Feinstein called for the next item on the agenda: (7) Considering the Award of Bid 09-14: 2009 Road Resurfacing Mr. Bradbury read the resolution: On a motion made by Trustee Santon and seconded by Trustee Rosenberg, the resolution was adopted. WHEREAS, the Village of Rye Brook has solicited bids for contract #09-14 "2009 Road Resurfacing"; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on July 10, 2009; and WHEREAS, at 10:00 a.m., Thursday, August 6, 2009, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND/CHECK 1. ELQ Industries Inc. $ 850,086.00 yes 2. Montesano Brothers $ 978,098.00 yes 3. Petrillo Contracting $1,090,040.00 yes 4. Bilotta Construction $1,100,175.00 yes WHEREAS, upon reviewing the bids, the Village Consulting Engineer, Dolph Rotfeld Engineering, P.C. has determined that the lowest responsible bidder meeting the requirements of the contract documents is ELQ Industries Inc. NOW, THEREFORE, BE IT HEREBY RESOLVED,that contract#09-14 "2009 Road Resurfacing" is hereby awarded to ELQ Industries Inc., for the total bid price of$850,086.00; 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. Board of Trustees Meeting August 11, 2009 Page 13 of 21 Mr. Bradbury explained that one million dollars was allocated for this project. Currently, ELQ is the lowest bidder and the bid allows room for any change orders that may occur and he recommends approval. The contractor is ready to start the first week in September. Trustee Brown asked if the additional money is not spent on change orders, could it be used to resurface additional roads. Mr. Bradbury responded yes, but a small percentage. There being no further discussion, Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: (8) Considering the Award of Bid 09-15: Harkness Park Drainage Improvements Mr. Bradbury read the resolution: On a motion made by Trustee Sanders Romano and seconded by Trustee Santon, the resolution was adopted. WHEREAS, the Village of Rye Brook has solicited bids for contract #09-15 "Harkness Park Drainage Improvements"; and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on July 10, 2009; and WHEREAS, at 10:00 a.m., Thursday, July 29, 2009, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND/CHECK 5. Abbott&Price Inc. $55,486.75 yes 6. Tardio Landscaping $55,800.00 yes 7. Cassidy Excavation $63,940.00 yes 8. Marquise Development $66,200.00 yes 9. W.D. Excavation $74,300.00 yes 10. ELQ Industries Inc. $78,065.00 yes 11. Landscape Unlimited $79,500.00 yes Board of Trustees Meeting August 11, 2009 Page 14 of 21 12. Joken Development $82,175.00 yes 13. Paladino Concrete $84,905.00 yes 14. Vernon Hills Contracting $88,717.50 yes 15. Peter J. Landi, Inc. $87,695.00 yes 16. Bilotta Construction $89,519.85 yes 17. Ascape Landscape $94,950.00 yes 18. NAC Industries $97,275.00 yes WHEREAS, upon reviewing the bids, the Village Consulting Engineer, Dolph Rotfeld Engineering, P.C. has determined that the lowest responsible bidder meeting the requirements of the contract documents is Abbott&Price Inc. NOW, THEREFORE, BE IT HEREBY RESOLVED,that contract#09-15 "Harkness Park Drainage Improvements" is hereby awarded to Abbott and Price Inc., for the total bid price of$55,486.75; 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. Mr. Bradbury explained that this is the second half of the work being done at Harkness Park and that the price is much lower then anticipated. Trustee Rosenberg asked if we were on track to finish the tennis courts. Mr. Bradbury responded that to his knowledge it would be the end of next month and he would give them an update after his construction meeting scheduled for the following day. Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: (9) Considering the Award of Bid 09-17: Surplus Vehicles Mr. Bradbury read the resolution: On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the following resolution was adopted. Board of Trustees Meeting August 11, 2009 Page 15 of 21 AWARDING CONTRACT #09-17: SURPLUS VEHICLES WHEREAS, the Village of Rye Brook has solicited bids for contract#09-17 "Surplus Vehicles;" and WHEREAS, a public notice was duly advertised in the official newspaper of the Village of Rye Brook on July 24, 2009; and WHEREAS, at 10:00 a.m., Wednesday, August 5, 2009, all bids received were opened as summarized below: Vehicle Bidder Bid Amount 1997 Ford Crown Victoria Vin: 2FALP71W7VW185893 Jerome Fagan $1,200.00 Liberty Motors $ 702.00 1999 Ford Crown Victoria Vin: 2FAFP71W2XX199988 Liberty Motors $ 612.00 Linda Golia $ 356.72 1999 Ford Crown Victoria Vin: 2FAFP71W2XX199989 Liberty Motors $ 426.00 Linda Golia $ 252.76 1988 GMC G-1/1-1-3 3500 Vin: 1GTGK34K5JE524755 Liberty Motors $ 712.00 Linda Golia $ 106.53 2006 Ford Crown Victoria Vin: 2FAHP71W76X102356 Bay Ridge Motors $2,723.00; and Board of Trustees Meeting August 11, 2009 Page 16 of 21 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 1997 Ford Crown Victoria Vin: 2FALP71W7VW185893 Jerome Fagan $1,200.00 1999 Ford Crown Victoria Vin: 2FAFP71W2XX199988 Liberty Motors $ 612.00 1999 Ford Crown Victoria Vin: 2FAFP71W2XX199989 Liberty Motors $ 426.00 1988 GMC G-1/1-1-3 3500 Vin: 1 GTGK34K5JE524755 Liberty Motors $ 712.00; and BE IT FURTHER RESOLVED, that the 2006 Ford Crown Victoria Vin: 2FAHP71 W76X102356 is hereby removed as a surplus vehicle and is retained for Village use. There being no discussion, Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: (10) Setting a Public Hearing on a proposed local law amending Chapter 240 of the Village of Rye Brook Village Code regarding Anderson Hill Road Mr. Bradbury read the resolution: Board of Trustees Meeting August 11, 2009 Page 17 of 21 SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED LOCAL LAW TO AMEND CHAPTER 240 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING ANDERSON HILL ROAD WHEREAS, the Board of Trustees is considering an amendment of Chapter 240, Sections 11 and 19 of the Village Code regarding the designation of Anderson Hill Road as a main artery of travel and the prohibition of parking and standing on Anderson Hill Road. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, shall hold a public hearing on August 25, 2009 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. After a small wording correction, a motion to adopt the resolution was made by Trustee Santon and seconded by Trustee Brown. Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: (11) Considering a retainer agreement with Keane & Beane, P.C. for services As Village Attorney for the period of June 1, 2009 through May 31, 2010 Mr. Bradbury read the resolution: On a motion made by Trustee Rosenberg and seconded by Trustee Sanders Romano, the resolution was adopted. RESOLVED,that the Board of Trustees for the Village of Rye Brook hereby authorize a new retainer agreement with the law firm Keane & Beane, P.C. for legal services for the period commencing June 1, 2009 through May 31, 2010; and BE IT FURTHER RESOVED, that the Mayor and Village Administrator are hereby authorized to execute the agreement and deliver all necessary documents to accomplish this resolution. Board of Trustees Meeting August 11, 2009 Page 18 of 21 This amendment is for the Zoning Board of Appeals meeting appearances which was not included in the original retainer agreement. The cost for this is actually charged back to the applicants so the Village is not incurring any additional costs. Mr. Beane added that it is a pleasure for him and his firm to work with the Village of Rye Brook. As there is no further discussion, Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Mayor Feinstein called for the next item on the agenda: (12) Considering a Snow and Ice removal agreement with New York State Department of Transportation for the 2008/09, 2009/10 and 2010/11 snow seasons Mr. Bradbury read the resolution: CONSIDERING A SNOW AND ICE REMOVAL AGREEMENT WITH NEW YORK STATE DEPARTMENT OF TRANSPORTATION FOR THE 2008/09, 2009/10 AND 2010/11 SNOW SEASONS RESOLVED, that the Village of Rye Brook is authorized to enter into extensions of the indexed lump sum municipal snow and ice agreement (#D010779) with the State of New York, Department of Transportation until June 30, 2011 under which the Village of Rye Brook will receive payment up to $14,460.00 for the 2008/09 snow season, $15,064 for the 2009/10 snow season and $17,528 for the 2010/11 snow season, per year for snow and ice control on King Street and Westchester Avenue; and it is further RESOLVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purpose of this Resolution. On a motion made by Trustee Santon and seconded by Trustee Sanders Romano, the following resolution was adopted. There being no discussion, Mr. Burke called the roll approving the resolution: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE Board of Trustees Meeting August 11, 2009 Page 19 of 21 TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE ADMINISTRATOR'S REPORT: Mr. Bradbury noted that in regard to the Westchester County affordable housing settlement, they did indicate that once it is approved there will be a meeting with all the municipalities. His office will post info on the web site and keep the Board updated. In regard to the additional funding for the Edgewood Basin, Mr. Bradbury noted that he has reached out to many places and while some grant funding is still out there, they do not have short time frames which means a longer wait. He suggests waiting till the next Board meeting to see what is available one way or the other. Mr. Bradbury advised the board that United Water is eligible to ask for a rate increase this October. They have been restricted in the base rate increase but this year they can submit a new petition for an increase. We are very much involved in the process and making sure we are well represented and he will keep the Board updated. Westchester Joint Water Works is seeking a 38 percent increase in their rate and we are trying to find out what section of the rate they are looking to increase. OLD BUSINESS: (1) Considering the establishment of Drug Free School Zones Mr. Bradbury noted that this topic has an interesting history. Currently, federal law does have in place drug free school zones and so does New York State. The Village could put up signs that talk about the Drug Free School Zones and show the limits on those signs. The zone is not for alcohol and marijuana but just for controlled substances. It is used for educational purposes and if there is an interest outside of this program there are a lot of other programs out there where they would come in and work with the communities. If the board is interested, he will get further information. Mayor Feinstein met with Steve Kaplan to see how the village could help with the drug and alcohol use. Mr. Kaplan brought it back to his board and they want to host a forum or conversation on October 5th and that maybe there should be a forum with our board and the two school boards as well. Mayor Feinstein believes the Port Chester Board of Trustees should be included. Trustee Sanders Romano believes this is a very important topic and is absolutely interested and volunteered to be liaison for anything required. Trustee Santon noted there are two school districts in the community and he would have no problem meeting all together or one on one with the school board. He does not want to involve Port Chester Board of Trustees because he does not believe it is necessary but Board of Trustees Meeting August 11, 2009 Page 20 of 21 believes we should reach out to the Port Chester School district and invite them to participate in discussions. The consensus of the board was to meet with the school districts separately and then possibly together. Mr. Bradbury will coordinate a date and update the board. DISCUSSION ITEMS: (1) Harrison Office Park expansion at 3000-3030 Westchester Avenue Trustee Santon noted that he added this discussion item for the benefit of the public. He believes there is a pattern with the TownNillage of Harrison in that they send out non descript notices. This project property goes into the Blind Brook and abuts some of our residents on Brook Lane who were not notified of the Public Hearing taking place which is why it was adjourned from their meeting agenda. He believes we should reach out to Harrison and develop a better protocol of how and when they notify us of applications that have a direct affect on our community. Mr. Bradbury added that the item was adjourned because they did not notice Brook Lane and because we asked for time to review the storm water impacts. He agreed it is a good idea to discuss it with them because we have an obligation to be courteous to our neighbors and expect the same in return. Mr. Bradbury can speak to the other municipalities and possibly develop a protocol and consider a resolution based on that. There being no further discussion items, Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee Sanders Romano and seconded by Trustee Rosenberg, the meeting was adjourned at 11:09 pm. Board of Trustees Meeting August 11, 2009 Page 21 of 21