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HomeMy WebLinkAbout2006-11-28 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, NOVEMBER 28, 2006-7:30 P.M. AGENDA 6:45 p.m.: Reception for Recently Promoted Police Sergeant ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Public Hearing on a proposed Local Law to amend Chapter 250 of the Village Code regarding Election and Construction Signs 2) Public Hearing on a proposed Local Law to amend Chapter 100 of the Village Code regarding Building permits and Certificates of Occupancy RESOLUTIONS: 1) Considering amendments to Chapter 100 of the Village of Rye Brook Village Code regarding Building Permits and Certificates of Occupancy 2) Considering the awarding of bid #06-06 for the Ellendale, West William and Franklin Avenue Sidewalk Improvements Project 3) Approving collective bargaining agreement with the Professional Firefighters Mutual Aid Association, Local 4041, International Association of Firefighters AFL-CIO, CLC 4) Setting a Public Hearing on a proposed amendment to Chapter 250 of the Village Code regarding backup generators 5) Setting a Public Hearing on a proposed amendment to Chapter 209 of the Village Code regarding site plan approval Board of Trustees November 28,2006 Page 1 ADMINISTRATOR'S REPORT OLD BUSINESS: 1) Update on the K&M Realty application for development on Bowman Avenue NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING The Next Trustees Meetings: December 12, 2006 and January 9, 2007 BOARD Mayor Lawrence Rand Trustee Michael Brown Trustee Joan Feinstein Trustee Pat Sanders Romano Trustee Paul Rosenberg STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant to the Village Administrator Gregory Austin, Police Chief Victor Carosi, Village Engineer Marilyn Timpone Mohamed, Village Consultant Nicholas Ward-Willis, Esq., Village Counsel Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand called the November 28, 2006 Regular Meeting of the Board of Trustees to order at 7:30 p.m. He noted that a Reception was held prior to the commencement of the meeting to celebrate the promotion of Police Sergeant William Esainko. The promotion was effective as of October 15, 2006. Mayor Rand called for the first matter on the agenda: Board of Trustees November 28,2006 Page 2 PUBLIC HEARINGS: 1) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 250 OF THE VILLAGE CODE REGARDING ELECTION AND CONSTRUCTION SIGNS Mr. Christopher Bradbury, Village Administrator, recommended that this matter be adjourned to the first meeting in January as the Planning Board had not yet completed its review. Mayor Rand, with the consensus of the Board, adjourned the matter to the January 9, 2007 meeting. Mayor Rand called for the second public hearing on the agenda: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 100 OF THE VILLAGE CODE REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Mr. Bradbury noted that this matter was before the Board of Trustees on the recommendation of the Planning Board. The intention of the proposed amendments was to attach all conditions imposed on the application during the approval process to the Certificate of Occupancy. Trustee Paul Rosenberg addressed the matter of the five (5) business day approval timeframe. He questioned how this timeframe was reached. Mr. Bradbury responded that there should be a timeframe set. Trustee Rosenberg suggested doubling the time to ten (10) business days. He questioned how long it takes after an application is approved at the Planning Board level to reach the Building Inspector. Mr. Victor Carosi, Village Engineer, noted that no one could say exactly how many days it takes for an application to go from the Planning Board to the Building Inspector. It depends on what comes out of the planning process. Trustee Rosenberg noted that he agreed with the premise but felt that five (5) days wasn't long enough. Nicholas Ward-Willis, Esq., Village Counsel, noted that the Planning Department must get the approval resolution to the Building Department so that the Building Inspector will have the resolution to refer to when issuing the permit. If it is not provided in five (5) days the applicant could argue that the Building Inspector should not attach a copy of the approval Board of Trustees November 28,2006 Page 3 resolution to the Building Permit or Certificate of Occupancy. This issue can be addressed administratively. Mr. Bradbury pointed out that there is administrative work that is done behind the scenes that affects this timeframe. The first step is for the Board of Trustees to approve a resolution for a project, then the minutes are drafted, approved and the resolution is incorporated into the minutes. The final step is for the resolution to be certified. One question that arose from the discussion was what would happen if it took an extra week to get the certified resolution into the file. Mayor Rand responded that the staff should be given some flexibility, and given a reasonable period of time. It was noted that considering the volume of work involved, five (5) days was not an appropriate timeframe. On a motion made by Trustee Michael Brown, and seconded by Trustee Paul Rosenberg, the public hearing was closed. Mr. David Burke, Assistant to the Village Administrator, called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the resolution on this matter: RESOLUTION: 1) CONSIDERING AMENDMENTS TO CHAPTER 100 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY Mr. Bradbury read the following resolution: Board of Trustees November 28,2006 Page 4 RESOLUTION CONSIDERING AMENDMENTS TO CHAPTER 100 OF THE VILLAGE OF RYE BROOK VILLAGE CODE REGARDING BUILDING PERMITS AND CERTIFICATES WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 100 of the Village of Rye Brook Code regarding filing of certain permits with a certificate of occupancy. WHEREAS, on November 28, 2006 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 November 28, 2006. NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board of Trustees determines that the filing of certain permits with a certificate of occupancy will benefit the Village and will streamline the record keeping process in the Village's Building Department; and BE IT FURTHER RESOLVED, that the Village of Rye Brook Board of Trustees hereby adopts the Amendments to Chapter 100 of the Village Code regarding the filing of certain permits with a certificate of occupancy. On a motion made by Trustee Michael Brown, and seconded by Trustee Patricia Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for the second resolution on the agenda: Board of Trustees November 28,2006 Page 5 2) CONSIDERING THE AWARDING OF BID #06-06 FOR THE ELLENDALE, WEST WILLIAM AND FRANKLIN AVENUE SIDEWALK IMPROVEMENTS PROJECT Mr. Bradbury read the resolution: RESOLUTION AWARDING CONTRACT #06-06 ELLENDALE AVENUE,WEST WILLIAM STREET AND FRANKLIN AVENUE SIDEWALK IMPROVEMENTS PROJECT WHEREAS, the Village of Rye Brook has received a Community Development Block Grant with the County of Westchester for a sidewalk replacement project along Ellendale Avenue, West William Street, and Franklin Avenue in the Village of Rye Brook, through which the Village will receive from the County of Westchester the sum of One Hundred Fifty Thousand and No/100 ($150,000.00) Dollars; and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on October 18th, 2006; and WHEREAS, at 10:00 a.m., Tuesday, November 14, 2006, all bids received were opened as summarized below; and BIDDER BASE BID ALTERNATE A TOTAL BID BOND/CHECK 1. Peter J. Landi, Inc. $228,991.00 60,224.00 $289,215.00 Yes 2. ELQ Industries, Inc. $233,682.90 $62,858.45 $296,541.35 Yes 3. Acocella Contracting, Inc. $269,704.50 $62,915.50 $332,620.00 Yes 4. NAC Industries $323,630.00 $829415.00 $406,045.00 Yes 5. Bilotta Contracting $341,056.25 $72,747.00 $413,803.25 Yes 6. M & S Masonry $356,673.00 $90,042.00 $446,715.00 Yes 7. Persico Contracting, Inc. $384,715.50 $99,534.50 $484,250.00 Yes 8. Reet Construction $427,811.00 $92,914.00 $520,725.00 Yes WHEREAS, upon reviewing the bids, the Village Engineer has determined that the lowest responsible bidder meeting the requirements of the bidding and contract documents is Peter J. Landi, Inc., Board of Trustees November 28,2006 Page 6 NOW, THEREFORE, BE IT HEREBY RESOLVED, that contract #06-06 "ELLENDALE AVENUE, WEST WILLIAM STREET AND FRANKLIN AVENUE SIDEWALK IMPROVEMENTS PROJECT" including Alternate "A", is hereby awarded to Peter J. Landi, Inc., for the total bid price of$289,215.00; 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. Mr. Bradbury noted the Village received eight bids. After reviewing the bids, it was determined that the lowest bidder was Peter J. Landi, Inc. This company has performed other services for the Village, and the Village has been pleased with the work provided. Therefore, the contract was awarded to Peter J. Landi, Inc. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mr. Carosi stated that this project would begin in the springtime. Mr. Bradbury noted that work throughout the Village would continue as long as the weather holds up. 3) APPROVING COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC Mr. Bradbury read the resolution: Board of Trustees November 28,2006 Page 7 RESOLUTION APPROVING COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS MUTUAL AID ASSOCIATION, LOCAL 4041, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, CLC NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook is authorized to enter into a collective bargaining agreement with the Rye Brook Professional Firefighters Mutual Aid Association, Local 4041, International Association of Firefighters, AFL-CIO, CLC in accordance with the stipulation of agreement dated November 8, 2006 for the term of June 1, 2006 to May 31, 2009; and it is further RESOLVED, that the Mayor is hereby authorized to execute and deliver all documents necessary to accomplish the purposes of this resolution. Mr. Bradbury noted this is a three-year contract with a .75% increase each year of the contract. He stated that he reviewed some of the prior agreements, and after completing his review it was his recommendation that the Village Board approve the Agreement before them. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the resolution was adopted. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 4) SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO CHAPTER 250 OF THE VILLAGE CODE REGARDING BACKUP GENERATORS Mr. Bradbury read the resolution: Board of Trustees November 28,2006 Page 8 RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO CHAPTER 209 OF THE VILLAGE CODE REGARDING BACK UP GENERATORS WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 250 of the Village of Rye Brook Code regarding permanent emergency backup generators; NOW, THEREFORE, BE IT RESOLVED that the local law is referred to the Village of Rye Brook Planning Board for a report and recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on January 9, 2007 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York, to consider the proposed local law. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the resolution was opened for discussion. Trustee Rosenberg noted that he was in favor of the local law, but felt that there needed to be some modifications. He questioned what would be done with property owners that already have generators, or that were in the process of installing them. He asked if these generators would be grandfathered, or if these individuals would need to go back and comply with the law. Currently there is nothing in the Village's Code about applying for a building permit for a generator. Mr. Bradbury stated that an electric permit is needed for any work that is done. The generators must be installed within the setbacks, but the proposed amendments make it clear of what is required for permanent generators. The Village has been receiving a lot of inquiries about permanently mounted generators, especially after recent storms were power was lost for days. Trustee Rosenberg made a motion to grandfather in anyone who has received a permit to operate a generator, or anyone who has already installed a permanent generator. Trustee Feinstein felt that each situation was different and that further discussion was required before making this decision. Board of Trustees November 28,2006 Page 9 Mr. Bradbury agreed that further review was needed. He stated that he felt that it was extremely important that the amendments are something that everyone is comfortable with. There have been many inquiries about installing generators. There are other issues to be reviewed such as noise, the effect on the neighbors, and screening. Mayor Rand felt that it was time to get the ball rolling. He noted that the Building Department has been helpful. He suggested that the Village's Consultants review this matter since the proposed amendments are far from being correct. He did not, however, want to waste time implementing changes on this portion of the Code. He noted that there was a large volume of requests coming in for permanent generators, which are substantially sized units. Some generators have been found illegally placed, i.e. next to chimneys. He suggested that Planning Board also review this matter. Ms. Marilyn Timpone Mohamed, Village Consultant, commented on what the law is meant to do. The intent is to look at residential properties and not commercial. She felt that it might be wise to direct the Planning Board to look at residential generators first. If there are other requirements that should be reviewed for commercial installations, then they should be looked at another time. Mayor Rand noted that commercial generators are approved at the Board of Trustee level. It was noted that the service provider, Con Edison, must be notified of generator installations. The Board discussed commercial versus residential units, visual impacts, setbacks, fencing, screening, timeframe for repairs, and the testing of the generators. The decision of the Board was that review at this time should focus on residential units as many residents are looking at installing generators. Mayor Rand asked that the Planning Board review this matter and present its findings to the Board of Trustees. The Trustees asked that the Planning Board be directed to also review the noise levels. Trustee Rosenberg noted that the newer generators (such as the ones at Reckson) are much quieter than the older models. As a result of the discussion, and the fact that there were so outstanding questions, Mr. Bradbury recommended that the Board not set a public hearing at this time. With the Board's approval, the reference to setting a pubic hearing was removed from the resolution. In addition, a few minor changes were made to the proposed local law at the suggestion of Trustee Rosenberg. Board of Trustees November 28,2006 Page 10 On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted as amended. Mr. Burke called the roll: TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 5) SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO CHAPTER 209 OF THE VILLAGE CODE REGARDING SITE PLAN APPROVAL Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO CHAPTER 209 OF THE VILLAGE CODE REGARDING SITE PLAN APPROVAL WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 209 of the Village of Rye Brook Code regarding when site plan approval is required. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook shall hold a public hearing on December 12, 2006 at 7:30 p.m. at the Village Hall, 938 King Street, Rye Brook, New York to consider the proposed local law. Trustee Feinstein pointed out that these amendments were being proposed as a way to clean up the Village's ordinance. The amendments take away some of the regulations while opening up certain areas to the discretion of the Village's Staff. The goal is to make the application process easier for the residents. Trustee Rosenberg agreed with Trustee Feinstein. He noted Board of Trustees November 28,2006 Page 11 that his hope was that these amendments would save residents both time and money, and make the job a little easier for the Building Department. Trustee Sanders Romano stated that she felt that there were several areas that still needed review. Mr. Bradbury agreed that some of the changes may need further review as well as public input. Mr. Carosi stated that these areas should be brought to the attention of the Planning Board for review. On a motion made by Trustee Brown, and seconded by Trustee Sanders Romano, the resolution was adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AVE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE ADMINISTRATOR'S REPORT Mr. Bradbury began his report with information on the King Street Interchange. He noted that Rye Brook was still working with Greenwich. There have been discussions between the two municipalities and a lot of work has been done internally. The information that has been gathered will now be presented to the New York State Department of Transportation. The Leaf Program is going very well. The residents have been doing a good job keeping the piles uncontaminated, and the Public Works Department has done an excellent job with the clean up. As long as the weather holds out, this year's program will come to a successful end. The Building Inspector has been asked to prepare a report on safe housing. Mr. Michael Izzo, Building Inspector, will report the progress at the next Board of Trustees meeting. He will cover permits issued and the progress of the Amnesty Program. The ball field project has made good progress in the last few weeks. There are a few minor issues to be addressed, i.e.: the flag issue. The Village is looking to place a new flag near the scoreboard, on the school side of the walkway. A light will be installed on the base of the flagpole that will shine upward. Mr. Bradbury also noted that Westchester County has requested that the Village consider hosting Board of Trustees November 28,2006 Page 12 women's soccer games when the County hosts the Empire State games next summer. This matter is being reviewed, and information will be forwarded to the Board of Trustees. Mayor Rand stated that the County recognizes the quality of our fields, which have turned out great. Trustee Rosenberg asked when Ridge Street would be paved. Mr. Victor Carosi, Village Engineer, responded that the County is moving forward in connection with this paving project. There are several more steps to be taken before it becomes a reality. The project is being designed, then it will go to the State Department of Transportation to be reviewed. They will continue working on this project for the next eight to twelve months. It was noted that the Village would not take the road over until everything has been completed. Mayor Rand called for the matter under Old Business: OLD BUSINESS: 1) UPDATE ON THE K&M REALTY APPLICATION FOR DEVELOPMENT ON BOWMAN AVENUE Mayor Rand called upon the applicant for a presentation. Mr. Kip Konigsberg, applicant, addressed the Board. He thanked the Board for the opportunity to review this project. He introduced his attorney, Adam Wekstein, from the law firm of Shamberg, Marwell, Hocherman, Davis & Hollis, P.C., who was available to answer any questions. Mr. Konigsberg the fact that the Village was preparing to adop the Finding Statement meant that good progress was being made. There have been a number of discussions regarding the strip portion of this property. The applicant has offered this piece of property to the Village to be used as a passive recreation park. He noted that his sister-in-law passed away and he asked that the park be commemorated to her memory. He thought a place to sit by the water and relax would be a nice opportunity to honor her. He presented the Board with a concept plan, which included an 18' wide passage-way, a small gravel parking area, and a path that would lead to benches by the water where people could sit and enjoy the scenery. There will be continued discussion on the concept of this park and a site walk will be scheduled. Board of Trustees November 28,2006 Page 13 Mayor Rand reminded everyone that no action would be taken in connection with this matter at this meeting. He called upon the applicant's attorney for additional comments. Adam Wekstein, Esq., addressed the Board. He pointed out that this proposal should not prolong the SEQRA process. The Board will be presented with a narrative of the proposal for the passive use of the strip portion of the property. He noted that this park would be a benefit to the Village and should not cause any delays. It was noted that the Planning Board has given its recommendations with respect to the DEIS. Mr. Bradbury noted that the plan presented to the Board of Trustees would be included in the Finding Statement to be considered by the Board. At the same time there will be comments on the site plan. The proposed plan will then be referred to the Westchester County Planning Department. Mayor Rand noted that the parkland would be passive and that all residents would be welcome to use this park. This would be an asset for Rye Brook and its residents. On a motion made by Trustee Feinstein, and seconded by Trustee Sanders Romano, the matter was referred to the Planning Board and the Westchester County Planning Department. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Mayor Rand called for members of the public wishing to address the Board of Trustees. As there was no one, he thanked everyone for attending the meeting, and adjourned the meeting at 8:47 p.m. Board of Trustees November 28,2006 Page 14