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HomeMy WebLinkAbout2008-10-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES VILLAGE HALL 938 KING STREET TUESDAY, October 28, 2008 7:00 PM- Executive Session—Legal Matters ROLL CALL: PLEDGE OF ALLEGIANCE: REPORT: PUBLIC HEARINGS: (1) Public Hearing to consider a site plan and subdivision application by KF ("Rye Brook"), LLC for a proposed development on Anderson Hill Road. RESOLUTIONS: (1) Considering a modification of the License and Permit Fee Schedule regarding building permit fees (2) Awarding contract#08-04: King Street resurfacing (3) Authorizing use of Village streets for the Tamarack Tower Foundation Thanksgiving Day Turkey Trot (4) Considering the submission of a grant pre-application to the Westchester County Flood Action Program (5) Considering a date change for the Board of Trustees regularly scheduled meeting ADMINISTRATOR'S REPORT: (1) Report on 2008-2009Village revenues to date OLD BUSINESS: (2) Request to modify performance bond for K&M Bowman Avenue property NEW BUSINESS: DISCUSSION ITEMS: (1) Review of certain budgeted Village expenses (2) Review of election sign ordinance (3) Village's role in the Blind Brook Coalition ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT REGULAR TRUSTEES MEETINGS November 12(Wednesday) and November 25, 2008 BOARD Mayor Joan Feinstein Trustee Michael Brown Trustee Patricia Sanders-Romano Trustee Paul Rosenberg Trustee Dean P. Santon STAFF: David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Fred Seifert, Public Access Coordinator Shari Melillo, Secretary CONVENE: Mayor Feinstein called for the first item on the agenda: PUBLIC HEARINGS: (1) Public Hearing to consider a site plan and subdivision application by KF("Rye Brook"), LLC for a proposed development on Anderson Hill Road. Mr. John Wagner, attorney for the applicant, addressed the board and gave a brief overview of the progress that has taken place since they were last before this board on August 20th. A meeting was held with Village Engineer Victor Carosi and the Project Engineer Make Marinus to discuss concerns regarding the construction management plan. On September 23'd a complete plan resubmission was made to the Village and the result was additional comments from FP Clark. They have spoken with Mr. Nick Ward-Willis, Village attorney, regarding submitting the final plans to the Westchester County Planning Board and what the procedure is. The County has 30 days from the time of submission to respond to their application. At that time the Village has to consider any recommendations made from the County and can accept or reject them. Mayor Feinstein believes it is imprudent to close the Public Hearing at this point because of the 62-day time limitation on voting. Mr. Wagner acknowledged they had received a letter from the Blind Brook Club's Counsel expressing some of their concerns with stray golf balls landing on the Kingswood property or perhaps hitting a person on the property. In addition, they had concerns about the level of screening along their property line which will be a barrier for the golf balls as well. He believes he has addressed their concerns with the latest set of plans. Mayor Feinstein asked Mr. Wagner to highlight the concerns that were raised at the prior meetings and what has changed in the plans in regard to those concerns. Mr. Wagner discussed the lighting at the entrance way as brought up by Doral Greens who would like additional lighting at the entrance to make it safer. They have added lighting fixtures at the entrance to remedy that concern. The tennis court has disappeared and been replaced with a park like area that contains landscaping and a gazebo. Engineering tweaking was done resulting in changes to the storm water management narrative after discussions with the Village Consultant Engineers and the applicant engineers. Mr. Bradbury, Village Administrator, asked about the Fire Department issues. Mr. Wagner confirmed that it has been addressed. The concern was that an emergency vehicle entering the site would be committed to pass through the entire site. Modification was done to the circle to allow a turnaround area and the beginning part of the access road will be paved as well. There was a lot of commentary also regarding the proposed gate. They have researched and found a new technology that is called click to enter where emergency services click the mike twice and it opens the gate. It was designed by a policeman and is installed at Rye Playland. Mrs. Timpone-Mohamed, Village Planning Consultant, addressed the board. There are not too many planning issues outstanding. The main concern was in regard to the length and type of monitoring of the wetlands that are being mitigated which is particularly important because the wetlands have become part of the storm water management plan. Monitoring will be done for 5 years which allows time for vegetation to grow in. After that, monitoring will be done once a year. Mrs. Timpone-Mohamed also recommends a conservation easement on King Street which is in the Scenic Roads Overlay District. Trustee Santon pointed out that this project is in a split municipality and is concerned because the tree preservation plans don't match. He would like to have the natural buffer maintained and would like to know the applicants intentions are for doing that and would also like to know the intent for screening in regard to Frank's Franks. Mrs. Timpone-Mohamed responded that most of the Greenwich property is wetlands and we would need permission from them as we have no jurisdiction over that property. Mr. Carosi addressed the Board in regard to storm water management and the construction management plans. In regard to the monitoring, there is a requirement for perpetual monitoring and this applicant falls into that. The detention basin is 20 feet from the closest home and there is no fencing proposed right now. The basins will not always be full of water as they will drain after storms. The DEC required that 3 feet of water has to be maintained in the basin. The concern is if the storm water flowing from this site will exacerbate the problem with flooding at the Blind Brook Club and they are working on that with the applicant and Dolph Rotfeld's office. In regard to the construction management Plan — the last draft answered most of the questions that could be answered such as will there be a sales trailer on the site, will they be excepting visitors at the site or will it be done off site during construction. Construction access is off King Street and the staging area will be where the tennis courts were originally planned. A secondary means of egress may be needed for safety purposes. Mr. Wagner advised the Board that in regard to the Greenwich area, it will be preserved as a conservation easement area and that is still in place today. As for the remainder of the property, there is a conservation easement over all of the wetland areas. A conservation easement for the rest of the property, in his opinion, is not necessary because they will be disturbing the area. Mrs. Timpone-Mohamed responded that a Conservation Easement can be put on a newly landscaped area to make sure it stays landscaped the way it was intended to be. It maintains at least 35 feet of heavily landscaped area that is somewhat like what was removed to build the basins. Mr. Beane would like the Greenwich conservation easement to be part of the site plan approval process. Ms. Michele Lee of Sullivan Architecture addressed the Board to discuss the issue of the gate explaining that there are a total of 4 gates, 2 in and 2 out. The gate house is decorative only and will not be manned. She has spoken to some experts in the industry and they have recommended wood because of the breakaway feature. Click to enter system is a new system that was founded 9 years ago by a retired police officer. It is used with radio frequency controls used in emergency service vehicles and programmed into a click to enter box — no additional equipment required but personnel have to be trained. Mr. Nick Lyras, President of the Doral Greens HOA addressed the Board and stated that they are opposed to the gate and believes it will cause a backup of cars on Anderson Hill Road. Trustee Rosenberg addressed Mr. Wagner in respect to the Frank's Franks issue and that Mr. Wagner had supposedly told the owner of Frank's that this board said he had to go. Trustee Rosenberg asked Mr. Wagner to view the streaming video and to address the issue. Mr. Grele, of Cummings & Lockwood, addressed the Board on behalf of the Blind Brook Club. The Blind Brook Club supports this project but has a concern in regard to the storm water run off and would like a definitive conclusion as this project progresses. Their second concern is the disturbance of the club's golf course during construction, but acknowledged that the applicant has agreed to repair any damaged property. The applicant's prior landscaping plan showed that there were 10 or more large trees that would be placed for screening and protection. Those trees are not on the new plan but are on the wetlands plan and they would like to make sure that those trees are there as the Club believes they are very important. Trustee Romano also believes the gate will be an issue with traffic on Anderson Hill Road. Trustee Brown asked how far from the entrance is the gate. Mr. Marinus responded -16 feet from the curb line to the gate. Mayor Feinstein stated that she wanted to be on record that she is and has always been opposed to a gate. Trustee Brown would like to see where else the Click to Enter system is being used and what the training process is. He is open to looking into it and has not made a decision on the gate yet. He asked about the homeowners association and Mr. Wagner responded that there will be one. Mayor Feinstein called for a motion to adjourn this application to November 25th and on a motion made by Trustee Rosenberg and seconded by Trustee Brown, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDER ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carried. Mayor Feinstein called for a brief recess. RECONVENE OLD BUSINESS: (2) Request to modify performance bond for K&M Bowman Avenue property Mr. Bradbury explained that Mr. Konigsberg submitted a letter requesting an amendment to the performance bond. Suggestions from the Village were to approach other bonding companies or acquire a letter of credit. Mr. Konigsberg advised the Board that he did attempt to do that but was not able to and would like to make another proposal tonight. Mr. Kip Konigsberg explained that the problem with the performance bond is a direct result of the state of the economy right not and it is impossible for him to get a performance bond to submit to the village as required by the resolution. He has tried the recommended alternatives but there is no more commercial financing available at this time. He will be borrowing from a private finance company for the project. His suggestion is that his development company, Joken, will issue the performance bond to him and then suggests the Village Engineer monitor it and use his 10th CO as additional collateral to make sure the performance bond requirement is satisfied. Mayor Feinstein asked if he would still have this issue if he decided to go with the bank he was originally committed to. Mr. Konigsberg' s response is that that bank cannot do it at this time and is not very stable at this point. Mr. Beane is concerned that in regard to Joken issuing the bond, what happens if the infrastructure does not get completed, who fills in the gap. Mr. Konigsberg responded that they are going to stabilize the banks first and once Joken is done with the stabilization of the slopes, they move on to the connections, sewer and gas, and then to the sidewalks. Mr. Beane's main concern is the Village is not protected without the performance bond because if Mr. Konigsberg decides to stop building the infrastructure, the Village becomes responsible for it. Mayor Feinstein asked Mr. Beane to work with Mr. Konigsberg as he is under a time constraint and needs to close in November or lose funding from the private firm. Mr. Beane responded that the Village wants to be in a position to know that there is enough money available to complete the infrastructure and finish it. RESOLUTIONS (1) Considering a modification of the License and Permit Fee Schedule regarding building permit fees Mr. Bradbury read the resolution after which a motion was made by Trustee Sanders Romano and seconded by Trustee Rosenberg. Trustee Santon made a motion to table this resolution to November 25 as he would like more time to review it and the motion was seconded by Trustee Brown. Mr. Burke called the roll on Trustee Santon's motion: TRUSTEE BROWN AYE TRUSTEE ROSENBERG NAY TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN NAY Motion to table carried. (2) Awarding contract#08-04: King Street resurfacing Mr. Bradbury read the resolution after which a motion was made by Trustee Santon and seconded by Trustee Sanders Romano. Mr. Bradbury explained that this closes out the rest of the work in the Loch Lane area where the drainage project was installed. The state has been pressuring the Village to complete the resurfacing as it was a requirement of the project. Mayor Feinstein added that repaving has become a hot button with many of the residents and asked about the cost and the expense at this time. Mr. Carosi explained that they take the money the board allocates each year and get as much done as possible. They try to field the bid prices from other communities and come up with projects that will fit into that and hope the bids match. Trustee Santon asked if this project will be done before the asphalt plants close and Mr. Carosi responded that was the intent. He went on to explain that we have an open permit with the state and an open bond as well — it is a requirement and we are obligated to finish the resurfacing. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carried. RESOLUTION AWARDING CONTRACT #08-04 KING STREET ROAD RESURFACING WHEREAS, the Village of Rye Brook has solicited bids for contract 08-04 "KING STREET Road Resurfacing"; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on October 11th 12th and 15th, 2008; and WHEREAS, at 10:00 a.m., Thursday, October 23'6, 2008, all bids received were opened as summarized below; and BIDDER BID AMOUNT BID BOND/CHECK 1. ELQ Industries, Inc. $60,305.00 Yes 2. Bilotta Construction Corp. $81,581.00 Yes 3. PCI, Industries Corp. $82,380.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the contract documents is ELQ Industries, Inc. NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #08-04 "King Street Resurfacing" is hereby awarded to ELQ Industries, Inc. for the total bid price of$60,305.00; 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. (3) Authorizing use of Village streets for the Tamarack Tower Foundation Thanksgiving Day Turkey Trot Mr. Bradbury read the resolution and on a motion made by Trustee Romano and seconded by Trustee Santon, Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carried. RESOLUTION AUTHORIZING USE OF VILLAGE STREETS FOR THE TAMARACK TOWER FOUNDATION THANKSGIVING DAY TURKEY TROT WHEREAS, the Tamarack Tower Foundation requests permission to hold its annual Thanksgiving Day Turkey Trot on Thursday,November 27, 2008 from 9:30 AM to 10:30 AM. NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees hereby authorizes the use of Village streets on November 27, 2008 from 9:30 AM to 10:30 AM along the route described in the letter dated October 21, 2008 from Peter Mutino, President of the Tamarack Tower Foundation; and be it FURTHER RESOLVED, that Village streets shall be used in compliance with the terms and/or conditions established by the Village of Rye Brook Police Department. (4) Considering the submission of a grant pre-application to the Westchester County Flood Action Program Mr. Bradbury read the resolution after which a motion was made by Trustee Santon and seconded by Trustee Romano Mr. Bradbury explained this is a project where we are looking to assist with the flooding issues in this area. There is a history of flooding here on Oriole Place and it has been reviewed by Mr. Carosi and Mr. Rotfeld as well. The estimated cost is not required for a pre application but will be in the area of$75,000. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carried. RESOLUTION CONSIDERING THE SUBMISSION OF A GRANT PRE-APPLICATION TO THE WESTCHESTER COUNTY FLOOD ACTION PROGRAM WHEREAS, Westchester County has developed a Flood Action Program to partner with municipalities to help fund projects that reduce flooding problems and impacts on people and property throughout Westchester County; and WHEREAS, the Village of Rye Brook has identified a project located at the municipal easement through the property of 5 Oriole Place as a potential project; and WHEREAS, Village staff have prepared a Westchester County Flood Action Program Capital Project pre-application form to determine eligibility of the project under the program. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby endorse the Flood Action Program pre-application for a project located at 5 Oriole Place. (5) Considering a date change for the Board of Trustees regularly scheduled meeting Mr. Bradbury read the resolution after which a motion was made by Trustee Sanders Romano and seconded by Trustee Brown. Mr. Burke called the roll: TRUSTEE BROWN AYE TRUSTEE ROSENBERG AYE TRUSTEE SANDERS ROMANO AYE TRUSTEE SANTON AYE MAYOR FEINSTEIN AYE Motion carried. RESOLUTION CONSIDERING A DATE CHANGE FOR THE BOARD OF TRUSTEES REGULARLY SCHEDULED MEETING WHEREAS, the first regularly scheduled Board of Trustees meeting in November falls on Veterans Day, November 11, 2008. NOW, THEREFORE, BE IT RESOVED, that the Board of Trustees of the Village of Rye Brook hereby changes the date of the regularly schedule Board meeting from Tuesday,November 11, 2008 to Wednesday,November 12, 2008. ADMINISTRATOR'S REPORT: (1) Report on 2008-2009Village revenues to date Mr. Bradbury gave an update to the Board on the village revenues to date. The Village is concerned with 3 areas: mortgage tax which is down considerably, interest earnings which are down 72% and the third is the sales tax which is down about 1% right now but he is concerned about the rest of the year. On a positive note, inspection fees are up — approximately 83% higher. DISCUSSION ITEMS: (1) Review of certain budgeted Village expenses Mr. Bradbury explained that the Village does not spend down the budget just because the money is there. The Village is sound right now but we are concerned about revenues and we are looking at our expenditures and seeing where we can get conservative. Mayor Feinstein went over Chris's memo with suggestions on how to conserve. Overtime for leaf collection— Mayor Feinstein explained no decision has been made yet as they want to manage the expectations of the residents but need to be prudent. The suggestion is to do leaf collection only every other Saturday and to do away with the double overtime days like Veterans Day. Trustee Santon believes that Veterans Day should be taken away but not the day after Thanksgiving as it leaves a big gap in the collection days. Mr. Bradbury responded that you can't cut it back and not have an impact on the operation which was to have no more then 3 week intervals between pick up of leaves. Trustee Sanders Romano agrees with cutting back the leaf program to every other Saturday. Trustee Santon asked if we should leave the Thanksgiving weekend open to see if we are behind or not but the consensus is that one day should go, either Friday or Saturday. Consensus of the Board — no leaf collection on Veterans Day and only every other Saturday. It was decided that because seniors may lack computer access, that the Sanitation calendar should continue to be printed. Discussion followed regarding the cameras at Garibaldi Park. Trustee Rosenberg believes it is a safety issue. Mr. Bradbury explained that the security cameras would be funded out of the Recreation Trust account as this is a recreation project. In addition to the safety factory, it would also assist with the graffiti issues they have been experiencing. (2) Review of election sign ordinance This item is in regard to questions about the legality of our sign ordinance in regard to duration and number of signs. There are some recent case laws that you cannot regulate the number of signs on a person's property. Mr. Beane explained that it relates to safety in terms of the number of signs that should be allowed,but the political signs - duration is the main problem. Mr. Bradbury responded that it seems that you can't limit if they have a different sign for each candidate but you can limit if they have 5 signs for each candidate. Mayor Feinstein has received complaints and would like it looked into. Mr. Beane suggested a moratorium for signs on private property until we can look closer at this. (3) Village's role in the Blind Brook Coalition The purpose of this is to give alternatives to students in the school district to have social events outside of the school but inside the community. Mayor Feinstein met with Mr. Stark and they are looking to do some sort of social event and she has suggested having a community tag sale. She believes that we do not have enough community events. This tag sale can involve every age group of the community and the proceeds could go to charity. Trustee Sanders Romano agrees and is glad it is a Village wide activity instead of just the school. Mayor Feinstein congratulated Mr. Beane and his wife for his work on behalf of child abuse and neglect. Mr. Bradbury wanted to assure the community that the Village is still in a strong financial position and we are just trying to be proactive. The Village is well aware of what everyone is going through with the economy right now but there is no impending crisis in the Village financially. Mayor Feinstein thanked Treasurer Diane DiSanto as well as Administrator Bradbury for their work in regard to the financials. Mr. Brian Funtleyder of 13 Beechwood Boulevard addressed the Board and asked questions in regard to the building fees. He asked why it was tabled tonight without even a brief discussion. He believes this is an important issue and would like to know why three board members did not want to discuss this tonight. Trustee Dean Santon stated that the Board should not respond due to parliamentary procedure—this issue has been tabled and therefore cannot be discussed. Trustee Rosenberg would like to respond to this resident and believes Mr. Funtleyder deserves an explanation. Mr. Beane responded that it has been tabled and will be discussed at the meeting of 11/25/08. His advice is it should not be discussed any further. Mayor Feinstein called for a motion to adjourn and on a motion made by Trustee Santon and seconded by Trustee Brown, the meeting was adjourned at 11:00 pm.