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HomeMy WebLinkAbout2008-05-13 - Board of Trustees Meeting Minutes -REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, MAY 13, 2008-7:30 P.M. AGENDA 7:00 PM– Executive Session– Litigation ROLL CALL PLEDGE OF ALLEGIANCE REPORT: (1) Annual Report– Municipal Separate Storm Sewer System (MS4) PUBLIC HEARINGS RESOLUTIONS: (1) Considering the use of Whippoorwill Road for the Senior Class Pre Prom (2) Considering the authorization of funds for the 2008 Memorial Day ceremonies & parade to be paid to The American Legion Memorial Day Committee (3) Awarding Contract #08-02: 2008 Road Resurfacing (4) Considering a retainer agreement with Keane & Beane, P.C. for services as Village Attorney for the period commencing June 1, 2008 through May 31, 2009. (5) Authorizing a j oint appraisal for the King Street Home (6) Considering amendments to Chapter 250 of the Village Code, Zoning, and referring them to the Planning Board and Zoning Board of Appeals Board of Trustees Meeting May 13,2008 Page 1 (7) Considering an agreement with Westchester County for the provision of Personal Protective Equipment (8) Reallocation of funds for Capital Projects ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: May 27, 2008 and June 10, 2008 BOARD Mayor Joan L. Feinstein Trustee Michael S. Brown Trustee Paul S. Rosenberg Trustee Patricia Sanders Romano Trustee Dean P.Santon STAFF: Christopher J. Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Village Counsel Amanda Kandel, Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Paula Patafio, Secretary CONVENE: Mayor Joan L. Feinstein called the May 13, 2008 Regular Meeting of the Board of Trustees to order. The first item on the agenda, the Annual Report on the Municipal Separate Storm Sewer System, was called before the Board. Mr. Victor Carosi, Village Engineer, addressed the Board. Board of Trustees Meeting May 13,2008 Page 2 REPORT: 1) ANNUAL REPORT— MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) Mr. Carosi gave the Board a brief background. He began by noting that the goal here is to improve the water quality overall. The Village is working with the Department of Environmental Conservation (DEC) and there are a series of requirements that the Village must meet. The Village has met the requirements and has been able to retain its permit over the past four (4) years. This is the final year of the five year initial program. This past year a piece of legislation was passed and it allowed the Village the ability to go after anyone using the storm drains for anything other than stormwater. It is important to get the message out to the public. The Village has completed a study and has a report which shows the various sites that drain into the eastern branch of the Blind Brook. The goal is to watch and see what comes out of the sites because ultimately this water drains into the Long Island Sound. Other projects completed this past year include the approval of the Rye Ridge Shopping Center work. This project included a water quality improvement component. Some of the stormwater from the parking lot is now provided with a certain level of initial treatment. The idea is to improve water quality by capturing some of the liquids that might drip off of the cars in the parking lot. The Village is now moving into stage two. The goal will be to move forward from the mapping stage where all outflows have been identified and connect all the dots — meaning the mapping of all manholes and storm drains. The Village's outreach efforts are meeting the goals of the DEC. At this time the Village will be doing some "in-house" housekeeping and water quality will be reviewed. The Village is now performing its annual cleaning of the catch basins. Mayor Feinstein noted that LISWIC was also working on this project. Mr. Bradbury noted that the Village's staff will be reviewing and working on legislation. LISWIC will take responsibility for a lot of the permitting, working with the surrounding municipalities as a group. There are many opportunities that come with working with LISWIC, including employee training. Board of Trustees Meeting May 13,2008 Page 3 Trustee Dean Santon noted that the Rye Ridge parking area includes additional filters for stormwater runoff. He pointed out that he has noticed salt stockpiles are stored in close proximity to storm drains behind the medical building in the Shopping Center. In addition he found salt and soil stockpiles behind Blockbuster Video within a matter of a few feet away from a catch basin. Mr. Carosi stated that staff would look into this. Mayor Feinstein called for the first resolution on the agenda: RESOLUTIONS: 1) CONSIDERING THE USE OF WHIPPOORWILL ROAD FOR THE SENIOR CLASS PRE PROM Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE USE OF WHIPPOORWILL ROAD FOR THE SENIOR CLASS PRE PROM RESOLVED, that the use of Whippoorwill Road on Thursday, June 12, 2008 from 5:00 PM to 7:00 PM for the Blind Brook Senior Class Pre Prom is hereby approved with the terms to be established by the Rye Brook Police Department. It was noted that this has become a tradition. The street will be formally closed for the duration of the Pre-Prom Party. Chief Gregory Austin noted that the road will be barracked closed and the residents of the street are aware of the plans. Trustee Santon noted that the street will be closed for safety reasons and he asked if the students would cross over into Country Ridge Drive. Chief Austin noted that there were no plans for going to 19 Country Ridge Drive. He also noted that an off-duty officer could be hired to police the area. Trustee Sanders Romano asked that the adults responsible for the Pre-Prom Party ensure that no one under age is served alcohol. Board of Trustees Meeting May 13,2008 Page 4 Trustee Rosenberg thanked the committee for notifying the Village of their intent to hold this party. On a motion made by Trustee Patricia Sanders Romano, and seconded by Trustee Dean Santon, the resolution was adopted. Mr. David Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 2) CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2008 MEMORIAL DAY CEREMONIES & PARADE TO BE PAID TO THE AMERICAN LEGION MEMORIAL DAY COMMITTEE Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF FUNDS FOR THE 2008 MEMORIAL DAY CEREMONIES & PARADE TO BE PAID TO THE AMERICAN LEGION MEMORIAL DAY COMMITTEE WHEREAS, the American Legion, Port Chester Post 93 will host the 2008 Memorial Day ceremonies and parade; and WHEREAS, the Village of Rye Brook Village Board would like to assist the American Legion with these events. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook will pay one thousand dollars ($1,000.00) to the American Legion Memorial Day Committee for its 2008 ceremonies and parade. Trustee Santon initially noted that this parade begins in Rye Brook, but the parade marches through Port Chester. However, Mr. Santon was informed Board of Trustees Meeting May 13,2008 Page 5 that the entire parade is within Port Chester. This is a community parade and everyone is invited. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 3) AWARDING CONTRACT #08-02: 2008 ROAD RESURFACING Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #08-02: 2008 ROAD RESURFACING WHEREAS, the Village of Rye Brook has solicited bids for contract 08-02 "2008 Road Resurfacing;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on April 21st, 23rd, 27t', and 29', 2008; and WHEREAS, at 10:00 a.m., Tuesday, May 6th, 2008, all bids received were opened as summarized below; and Board of Trustees Meeting May 13,2008 Page 6 BIDDER BID AMOUNT BID BOND/CHECK 1. Bilotta Construction Corp. $419,199.20 Yes 2. ELQ Industries $469,605.00 Yes 3. Core Contracting of NYC, LLC. $499,874.00 Yes 4. Peckham Road Corp. $516,265.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is Bilotta Construction Corporation, NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #08-02 "2008 Road Resurfacing" is hereby awarded to Bilotta Construction Corporation for the total bid price of$419,199.20; 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. Trustee Santon asked about the scope of work. Mr. Carosi noted that Franklin Street was resurfaced and sidewalk work was done on Ellendale but the roadways were not resurfaced. He also noted that the portion of Winding Wood Road to be resurfaced is part of an ongoing project. There are a number of items that are reviewed when deciding which streets should be resurfaced and the Village keeps a checklist throughout the year noting potholes and areas that need work. In addition, residents are encouraged to call in and report areas that they feel are in need of repair. Mr. Bradbury noted that on Ellendale and Franklin Street the sidewalks are brand new, and now the streets will be resurfaced. The Village has been fortunate in that over the years it has received grants to do street repairs. He noted that the Village is very pleased with the bid on this project. Once this project is completed, using funds from the 07-08 budget, then other areas will be reviewed. An upcoming project is the resurfacing of Loch Lane. Board of Trustees Meeting May 13,2008 Page 7 Mr. Carosi noted that the last round of street paving was done late in the season and work was stopped during the winter months. He noted that he felt comfortable that the contractor will be willing to move things forward. The roads chosen for resurfacing at this time do not have any major drainage issues. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted. Mr. Burke was called upon to call the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 4) CONSIDERING A RETAINER AGREEMENT WITH KEANE & BEANE, P.C. FOR SERVICES AS VILLAGE ATTORNEY FOR THE PERIOD COMMENCING JUNE 11 2008 THROUGH MAY 319 2009 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A RETAINER AGREEMENT WITH KEANE & BEANE, P.C. FOR SERVICES AS VILLAGE ATTORNEY FOR THE PERIOD COMMENCING JUNE 1, 2008 THROUGH MAY 31, 2009 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, 2008 through May 31, 2009; 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 May 13,2008 Page 8 Mr. Bradbury noted that this is the first increase that Keane & Beane has requested in two years. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. The roll was called: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 5) AUTHORIZING A JOINT APPRAISAL FOR THE KING STREET HOME Mr. Bradbury read the following resolution: RESOLUTION AUTHORIZING A JOINT APPRAISAL FOR THE KING STREET HOME WHEREAS, the King Street Home is challenging their assessed value with the Town of Rye for certain tax years; and WHEREAS, the Town of Rye, the Blind Brook Union Free School District and the Village of Rye Brook all have a substantial interest in this litigation and assessment that is applied for tax purposes; and WHEREAS, the Town Assessor has received an appraisal agreement, dated April 10, 2008 from Cushman and Wakefield to prepare an appraisal report for the King Street Home. Board of Trustees Meeting May 13,2008 Page 9 NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorize the expenditure of fiends up to $6,000 to the Town of Rye for a joint appraisal of the King Street Home, in accordance with the terms of the April 10, 2008 appraisal agreement, with the total cost of$18,000 to be shared equally with the Town of Rye and the Blind Brook Union Free School District; and be it further RESOLVED, that as a condition of this expenditure, the Village of Rye Brook be provided with a copy of the draft appraisal report when it is prepared, and that no settlements be made on this property without consultation with the Rye Brook Village Board. Mayor Feinstein noted that this resolution was self-explanatory. The King Street Home has challenged its assessed value and now a private appraiser is being brought in to prepare a report. Trustee Santon pointed out that the Village of Rye Brook will be paying one-third of the costs. On a motion made by Trustee Sanders Romano, and seconded by Trustee Michael S. Brown, the resolution was adopted. Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 6) CONSIDERING AMENDMENTS TO CHAPTER 250 OF THE VILLAGE CODE, ZONING, AND REFERRING THEM TO THE PLANNING BOARD AND ZONING BOARD OF APPEALS Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AMENDMENTS TO CHAPTER 250 OF THE VILLAGE CODE, ZONING, AND REFERRING THEM TO THE PLANNING BOARD AND ZONING BOARD OF APPEALS Board of Trustees Meeting May 13,2008 Page 10 WHEREAS, the Board of Trustees is considering amendments to Chapter 250, Section 13 of the Village Code regarding the Board of Appeals. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the proposed local law to the Planning Board for report and recommendation; and BE IT FURTHER RESOLIVED, that the Board of Trustees hereby refers the proposed local law to the Zoning Board of Appeals for report and recommendation. Mr. Bradbury noted that the input of the Planning Board and Zoning Board helped to establish the proposed amendments. Mayor Feinstein requested minor typographical corrections to the amendments. She turned to the Board for questions and comments. Trustee Santon asked that this matter have a timeframe assigned to it. He hoped that the Planning Board would have the time to review the amendments prior to June. Mayor Feinstein felt that the public hearing should be set for some time in July. Not knowing what is on the Planning Board's agenda, she did not want to set the public hearing in June. Trustee Rosenberg asked for some minor corrections. He noted that it is not part of the Planning Board's job to make a recommendation to the Zoning Board in connection with variance applications. Trustee Sanders Romano agreed with Trustee Rosenberg, the amendments should be consistent with the Rye Brook Code. Trustee Brown felt that the added language should be consistent. Trustee Santon stated judicial body cannot be told how to render a decision. Mayor Feinstein asked that the Village's Counsel review the amendments to be sure that the Board was not overstepping their boundaries. Village counsel was directed to review this matter. Mayor Feinstein noted that this was a referral. A public hearing on this matter will be held on July 22, 2008. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Board of Trustees Meeting May 13,2008 Page 11 Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye 7) CONSIDERING AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE PROVISION OF PERSONAL PROTECTIVE EQUIPMENT Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING AN AGREEMENT WITH WESTCHESTER COUNTY FOR THE PROVISION OF PERSONAL PROTECTIVE EQUIPMENT RESOLVED,that the Village of Rye Brook is authorized to enter into and inter- municipal agreement with Westchester County Department of Emergency Services to receive Personal Protective Equipment; and BE IT FURTHER RESOVED, that the Mayor is authorized to execute and deliver all documents necessary or appropriate to accomplish the purposes of this resolution. Mr. Bradbury pointed out that these funds come from the State. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. Trustee Michael Brown Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Dean Santon Voting Aye Board of Trustees Meeting May 13,2008 Page 12 Mayor Joan L. Feinstein Voting Aye 8) REALLOCATION OF FUNDS FOR CAPITAL PROJECTS Mr. Bradbury read the following resolution: RESOLUTION REALLOCATION OF FUNDS FOR CAPITAL PROJECTS RESOLVED, that the following funds be reallocated in the capital projects fund. FROM TO AMOUNT 901.5110.208 901.5110.209 $ 2,380.60 (Highway Improvements) (Sidewalk Replacement Program) Mr. Bradbury noted that there was an overage in the sidewalk improvement project. The transfer will balance the accounts. On a motion made by Trustee Santon, and seconded by Trustee Rosenberg, the resolution was adopted. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting May 13,2008 Page 13 Mayor Feinstein noted that another resolution, #9, was added to the agenda. Mr. Bradbury was called upon to read the resolution: RESOLUTION CONSIDERING APPOINTMENTS TO THE ADVISORY COUNCIL ON PARKS AND RECREATION RESOLVED, that Mark Zimmerman of 32 Country Ridge Circle is hereby appointed to the Advisory Council on Parks and Recreation to fill the unexpired term of Kenneth Finder, whose term shall expire April, 2010; and On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the resolution was adopted. Mayor Feinstein and Trustee Rosenberg thanked Mr. Finder for all of his hard work over the years. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Mayor Feinstein called upon Mr. Bradbury for the Administrator's Report. ADMINISTRATOR'S REPORT: Board of Trustees Meeting May 13,2008 Page 14 Mr. Bradbury noted that the Village received good news in that the Village's application for mitigation funds regarding Eagles Bluff has been approved by SEMO and it will now go to FEMA. Unfortunately the Brook Lane project was not approved to go to the Federal Government. It was announced that the Zoning Board of Appeals meetings are now televised and can be viewed via streaming video and the website. The Rye Brook Birthday celebration is approaching very quickly. It is scheduled for Saturday, June 14, 2008. Everyone is invited to come and join in the festivities. Mr. Bradbury addressed the amount of construction and activity in the Village this time of year. He noted that major projects within the Village are listed on the Village's website. Signs that are posted in the Village's right-of-way must be removed immediately. The signs, which include Real Estate signs, that are put up in the right-of-way are safety hazards in that they block the line of sight. Mr. Bradbury noted that Rye Brook has been very successful with grants. It is due to a lot of hard work by the Village's Staff. He thanked the staff for their hard work. Mayor Feinstein noted that the next Board of Trustees meeting were scheduled for May 27, 2008 and June 10, 2008. At 8:50 p.m., with no further business before the Board, Mayor Feinstein called for a motion to adjourn the meeting. On a motion made by Trustee Santon, and seconded by Trustee Sanders Romano, the meeting was adjourned. Mr. Burke called the roll: Trustee Michael Brown Voting Aye Trustee Paul Rosenberg Voting Aye Trustee Patricia Sanders Romano Voting Aye Trustee Dean Santon Voting Aye Mayor Joan L. Feinstein Voting Aye Board of Trustees Meeting May 13,2008 Page 15