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HomeMy WebLinkAbout2006-12-12 - Board of Trustees Meeting Minutes REGULAR MEETING VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETING VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 12, 2006-7:30 P.M. AGENDA 7:15p.m. Executive Session— Personnel and Legal Matters ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC HEARINGS: 1) Public Hearing on a proposed local law to amend Chapter 91 of the Code of the Village of Rye Brook regarding Building Construction and Fire Prevention. 2) Public Hearing on a proposed local law to amend Chapter178 of the Code of the Village of Rye Brook regarding Places of Public Assembly. 3) Public Hearing on a proposed local law to amend Chapter 209 of the Code of the Village of Rye Brook regarding site plan approval. RESOLUTIONS: 1) Considering proposed amendments to Chapter 91 of the Village Code regarding Building Construction and Fire Prevention. 2) Considering proposed amendments to Chapter 178 of the Village Code regarding Places of Public Assembly. 3) Considering proposed amendments to Chapter 209 of the Village Code regarding site plan approval. Board of Trustees Meeting December 12, 2006 Page 1 4) Considering the adoption of findings regarding an application by K&M Realty group, LTD for development of residential condominium dwelling units and a public passive recreation area on Bowman Avenue, Rye Brook, NY, Section 1, Block 22, Lots 2B and 2B2. 5) Setting a Public Hearing on a proposed local law to amend Chapter 179 and create Chapter 64 of the Village Code requiring minimum training for Planning Board and Zoning Board of Appeals members. 6) Setting a Public Hearing on a proposed amendment to Chapter 91 of the Village Code regarding building permit exemptions. 7) Awarding of Bid#06-07, Pine Ridge Park Site Alterations Project. 8) Approving an intermunicipal agreement with Westchester County and the Village of Rye Brook for prisoner transportation. 9) Considering the designation of the Village of Rye Brook as a Greenway Community. 10)Considering Budget Modifications for Public Works. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS: 1) Report on Safe Housing and Amnesty Program ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT TRUSTEES MEETINGS: January 9, 2007 and January 23, 2007 Board of Trustees Meeting December 12, 2006 Page 2 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 Edward Beane, Esq., Village Counsel Victor Carosi, Village Engineer Stephen Fews, Code Enforcement Officer Michael Izzo, Building Inspector Marilyn Timpone Mohamed, Village Consultant Fred Seifert, Public Access Coordinator Paula Patafio, Meeting Secretary CONVENE Mayor Lawrence Rand welcomed everyone to the December 12, 2006 Regular Meeting of the Board of Trustees. With the Board's permission, Mayor Rand called for an item out of order. 1) REPORT ON SAFE HOUSING AND AMNESTY PROGRAM Mr. Michael Izzo, Building Inspector, and Mr. Stephen Fews, Code Enforcement Officer, addressed the Board. Mr. Izzo noted that he was asked by the Board to give an update on the Amnesty Program. The Board instituted this program with the safety of Rye Brook's residents as the main objective. This program is moving along well. The Building Department has been receiving several dozen calls per week from residents with questions about what types of work and installation requires a permit. There has been a lot of action and, to-date, approximately a dozen permits have been issued in connection with structural construction. There have been twice as many permits issued for plumbing and electrical work. Mr. Izzo noted that many residents question why they need permits. He stated that the State of New York has specific requirements. He presented the Board with a copy of the Village's Code from the 1950's to-date, showing how the requirements have grown over the years. The State of Board of Trustees Meeting December 12, 2006 Page 3 New York came up with its own Building Code and it was in use for some 30+ years. In 1982 Rye Brook adopted its own Code. Then, in 2002, the State revised its Code and came up with its new Code. Today there are many Code standards and details in the Code, and each municipality must issue permits for anything that must conform. The amendments and changes have been made to ensure the safety of the public. Mayor Rand noted that there was a sunset date for the Amnesty Program. He suggested that any resident with a concern or question contact the Building Department. Mr. Izzo noted that this program has been put in place to help the residents. Often times when a resident goes to sell their house they find that they need a Certificate of Occupancy. Without this Certificate they are not able to close on the sale of the house. The same thing happens with a re-finance. If the bank requires that the home is up to Code, then the re-finance will not go through. Mr. Izzo noted that there was nothing worse than being at the eleventh hour of the closing when suddenly the buyer's lawyer discovers an open permit, or no permit, for an area of the home, i.e.: a deck. Then the seller is stuck holding the bag. Trustee Paul Rosenberg noted that there was a lot of confusion over what needs building permits and what doesn't. He asked for a brief presentation on the Program. Mr. Izzo stated that there have been many questions about hot water heaters. These are mechanical devices and permits are required under the New York State Code. This is an item that has a long list of requirements and all of the items pertain to safe operation of the hot water heater. In an emergency no permit is needed. However, after the emergency has been abated the resident must apply for a permit (licensed plumber and electrician). The goal is to ensure that it is a safe installation for the resident. It is important to make sure that whoever installs the hot water heater is licensed. The plumber is required to pull the permit. Mr. Bradbury noted that the Village is there as a resource. The fee assessed for permits for hot water heaters is minimal ($25.00). These types of permits are not"money makers" for the Village. Mr. Fews noted that he has been forwarding periodic updates to the Board of Trustees. He stated that there have been serious fire code violations that have been found during routine inspections. Also discovered during routine Board of Trustees Meeting December 12, 2006 Page 4 inspections are instances of serious overcrowding. The inspections on homes suspected of overcrowding are difficult to conduct because they must be done at night. The Village is making progress in regards to correcting the problem. Mr. Fews thanked the Village Board for their effort to update the Code, and reiterated that safety is the goal. He noted that the Police and Fire Departments, and EMS, are all working with the Village. Mayor Rand thanked the Building Department for all of the hard work and efforts in protecting the residents of Rye Brook. Mr. Bradbury thanked Mr. Izzo and Mr. Fews for the great job that they have been doing enforcing the Village's Code. Mayor Rand returned to the agenda, and called for the first public hearing on the agenda: 1) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 91 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING BUILDING CONSTRUCTION AND FIRE PREVENTION. Mr. Christopher Bradbury, Village Administrator, gave a brief presentation on this matter. This Code is straight out of the New York State Code. The proposed local law basically deems that an application has been abandoned if there has been no activity for a nine (9) month period; it is not going to a Board, there is no supplemental information coming in. This places the responsibility for upholding the Code with the Building Department. The Fire Inspection is currently enforced and reviewed by the Building Inspector. Trustee Patricia Sanders Romano asked for clarification of two areas of the Code: building permits expire six (6) months after the day of issuance and an abandoned building permit which is considered abandoned after nine (9) months. Mr. Bradbury noted that the second rule applied to pending applications that are sitting in the files but are never moving. Trustee Joan Feinstein noted that there have been other changes to this particular chapter of the Code in the past. She asked for a wording change to Section 91 that would make it clearer. Mr. Edward Beane, Esq., Village Counsel, attempted to clarify this section of the Code for Trustee Feinstein. After a brief discussion, Mr. Bradbury Board of Trustees Meeting December 12, 2006 Page 5 suggested that because of the outstanding questions that the matter be adjourned to a future meeting. With the consensus of the Board and Mayor Rand, Mr. Bradbury noted that the matter would be placed on the agenda for the second meeting in January. On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the public hearing was adjourned. 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 second public hearing on the agenda: 2) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 178 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING PLACES OF PUBLIC ASSEMBLY. Mr. Bradbury noted that this was a new law on a matter that was previously discussed by the Board. As required by New York State, places of public assembly require annual permits. Mr. Michael Izzo, Building Inspector, stated that the language of the Code was modified to ensure that the fire inspections were spread out over the calendar year. This would allow the time needed to do the other required fire inspections for commercial and multi-family dwellings. He noted that currently there are places of public assembly that do not have a permit. When the annual fire inspections are conducted, an initial permit is issued. If a violation is issued, the property owner would have 30 days to correct the violations. It was decided that 60 days is too much time to be given to correct a violation of the Fire Code. Mayor Rand explained that places of public assembly range from shopping centers, places of worship, and hotels. Mayor Rand called for members of the public wishing to address this matter. There being no one wishing to address the Board, he called for a motion to close the public hearing. Board of Trustees Meeting December 12, 2006 Page 6 On a motion made by Trustee Rosenberg, and seconded by Trustee Sanders Romano, the public hearing was closed. 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 Mayor Rand called for the Resolution on this matter: 2) CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 178 OF THE VILLAGE CODE REGARDING PLACES OF PUBLIC ASSEMBLY Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 178 OF THE VILLAGE CODE REGARDING PLACES OF PUBLIC ASSEMBLY WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 178 of the Village Code. WHEREAS, on December 12, 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 December 12, 2006. NOW, THEREFORE BE IT RESOLVED, that the amendments to Chapter 178 of the Code of the Village of Rye Brook regarding Places of Public Assembly are hereby adopted. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the resolution was adopted. Board of Trustees Meeting December 12, 2006 Page 7 The roll was called: 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 third, and final, public hearing on the agenda: 3) PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 209 OF THE CODE OF THE VILLAGE OF RYE BROOK REGARDING SITE PLAN APPROVAL Mayor Rand declared the public hearing open. Mr. Bradbury noted that a local law has been prepared for the public hearing. This local law was referred to the Board of Trustees by the Building Inspector and Village Engineer. These amendments are an attempt to strengthen this section of the Code and come up with other ways to address these issues, to ease the residential burden in certain areas, and to give staff clear directions. Trustee Rosenberg hoped that these changes did not place too much of a burden on the Building Department. The goal is make the process easier for the residents, and not increase the burden on the Village's staff. He felt that these changes were very good. Mayor Rand called for members of the public wishing to address these amendments. There being no one, he called for a motion to close the public hearing. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the public hearing was closed. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AVE Board of Trustees Meeting December 12, 2006 Page 8 Mayor Rand called for the resolution on this matter. 3) CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 209 OF THE VILLAGE CODE REGARDING SITE PLAN APPROVAL Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING PROPOSED AMENDMENTS TO CHAPTER 209 OF THE VILLAGE OF RYE BROOK CODE REGARDING SITE PLAN APPROVAL WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 209 of the Village Code. WHEREAS, on December 12, 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 December 12, 2006. NOW, THEREFORE BE IT RESOLVED, that the amendments to Chapter 209 of the Code of the Village of Rye Brook regarding Site Plan Approval are hereby adopted. On a motion made by Trustee Rosenberg, and seconded by Trustee Feinstein, the resolution on the matter 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 fourth item on the agenda under resolutions: Board of Trustees Meeting December 12, 2006 Page 9 4) CONSIDERING THE ADOPTION OF FINDINGS REGARDING AN APPLICATION BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF RESIDENTIAL CONDOMINIUM DWELLING UNITS AND A PUBLIC PASSIVE RECREATION AREA ON BOWMAN AVENUE, RYE BROOK, NY, SECTION 1, BLOCK 22, LOTS 2B AND 2B2. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE ADOPTION OF FINDINGS REGARDING AN APPLICATION BY K&M REALTY GROUP, LTD FOR DEVELOPMENT OF RESIDENTIAL CONDOMINIUM DWELLING UNITS AND A PUBLIC PASSIVE RECREATION AREA ON BOWMAN AVENUE, RYE BROOK, NEW YORK, SECTION 1, BLOCK 22, LOTS 2B AND 2132 WHEREAS, the Board of Trustees of the Village of Rye Brook ("Village Board of Trustees") has received applications for Site Plan Approval, a Permit to Perform Regulated Activities in a Wetland and a Steep Slopes Work Permit from K&M Realty Group, LTD (the "Applicant") to construct a restaurant and nine (9) residential condominium dwelling units with associated landscaping, lighting and related site development (the "Original Proposed Action") on a parcel of real property consisting of two upland areas known as the Strip and the Peninsula located on the south side of Bowman Avenue approximately 1,100 feet west of the intersection formed by South Ridge Street and Bowman Avenue, within the C1 Neighborhood Retail District and shown as Section 1, Block 22, Lots 2B and 2132 on the tax assessors maps (the "Site" or "Property"); and WHEREAS, the Village Board of Trustees determined the Original Proposed Action to be an Unlisted Action pursuant to the New York State Environmental Quality Review Act ("SEQRA"), 6 NYCRR Part 617 and resolved to be Lead Agency for review of the Original Proposed Action; and WHEREAS, the Lead Agency for review under SEQRA determined that the Original Proposed Action may include the potential for at least one significant adverse environmental impact, thus issuing a Positive Declaration on or about June 25, 1996 and requiring the submission of a Draft Environmental Impact Statement (DEIS); and Board of Trustees Meeting December 12, 2006 Page 10 WHEREAS, in response to comments received regarding the DEIS and Original Proposed Action the Applicant proposed a new alternative that revised the project to eliminate the restaurant and propose construction of ten (10) residential units on the Peninsula portion of the Property leaving the Strip undeveloped within a conservation easement (the "Mitigation Plan"); and WHEREAS, the Applicant prepared and submitted a revised Final Environmental Impact Statement (FEIS) dated July 2006 that reviewed the potential environmental impacts of the Mitigation Plan and the Lead Agency determined the FEIS to be complete on July 25, 2006; and WHEREAS, with the agreement of the Village Board of Trustees, the Applicant further revised the Mitigation Plan to propose, in addition to development of ten (10) residential units, development of a passive recreation area on the Strip and the dedication of the Strip and recreation area to the Village of Rye Brook for use as a public park (the "Revised Mitigation Plan"); and WHEREAS, certain SEQRA documents and resolutions erroneously describe the Original Proposed Action to be a Type I Action, even though the Village Board of Trustees determined the Original Proposed Action to be an Unlisted Action on June 25, 1996 and pursuant to SEQRA, 6 NYCRR Part 617, Section 617.4 the Original Proposed Action is correctly determined to be an Unlisted Action; and WHEREAS, the Lead Agency held a public hearing on the FEIS and afforded agencies and the public a reasonable time period of no less than 10 calendar days to provide comments on the completed FEIS. NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook, acting as Lead Agency, hereby adopts the attached Findings Statement dated December 12, 2006 and authorizes that the Findings Statement shall be filed with all Involved and Interested Agencies and other parties as required by law. Mayor Rand called upon the applicant for an update. James Ryan of John Meyer Consulting addressed the Board as the representative for the applicant. He noted that after the applicant reviewed the latest draft of the Findings, there was only one comment. The applicant asked that the statement regarding the DEC and certification of documents be amended. It was noted that the DEC does not certify documents. Mr. Ryan Board of Trustees Meeting December 12, 2006 Page 11 respectfully requested that the Board consider tying this into a different mechanism as this change would help the applicant move forward with the financing and remediation work. The applicant will use its best efforts in providing the necessary documents to the Village. Ms. Marilyn Timpone Mohamed, Village Consultant, agreed with the requested change, noting that the wording was incorrect. The New York State DEC must issue a "No Further Action Letter." She suggested tying this change into the Certificate of Occupancy. Edward Beane, Esq., Village Counsel, did not approve the change. He noted that he did not want a situation where the applicant would be in the middle of construction, the no further action letter had not been received, and work needed to stop. He noted that his objective was to protect the Village, the residents of Rye Brook, and the prospective purchasers of the property. He offered the applicant an adjournment to the next meeting to allow for further discussion on this matter. Trustee Feinstein questioned whose responsibility it would be if some other area of contamination was discovered later on, i.e.: one or two years down the line. Mr. Beane noted that it is the responsibility of whoever owned the property. Once the letter from the DEC is received, it is over. Mr. Kip Konigsberg, the applicant, addressed the Board. He noted that the entire site was tested and there was only one place of concern. The testing and remediation was supervised, and the contamination was limited to one spot where some tainted soil was discovered. He expected that the DEC would be issuing a no further action letter as soon as the data from the water test was completed. Mr. Konigsberg noted that the strip portion of the peninsula portion of the property was tested. The tainted soil was only found on the strip portion of the property. His intent is to donate a clean piece of property to the Village to build a park on that land. Mr. Beane noted that tying the no further action letter to the Building Permit could result in partially constructed condo units that cannot be not conveyed to anyone. He suggested that the change that the applicant was requesting should be that the no further action letter be tied to the issuance of the Certificates of Occupancy. Board of Trustees Meeting December 12, 2006 Page 12 Mr. Konigsberg noted that within 30 days of the granting of approvals and permits the remediation process would be started. Once completed, the DEC will issue the no further action letter. He offered the Village a five year guarantee that the property being donated to the Village is clean. He requested that the remediation of the strip not be tied into the building permit or the certificate of occupancy for the condos. Mr. Beane suggested that the Board discuss this matter further. At Mayor Rand's suggestion, the Board took a brief recess to allow for additional discussion on this matter. Upon the Board's return Deputy Mayor Feinstein noted that Mayor Rand had a matter that needed his care and that she, in her roll as Deputy Mayor, would continue the deliberations on this matter. She noted that the Board had the opportunity to review the issue, and the Board's consensus was that they were uncomfortable accepting the risk. Therefore, although they understood the reason the applicant wanted this change, the Board hoped that the applicant would understand the decision. Deputy Mayor Feinstein stated that the Village accepted the applicant's offer of a five-year guarantee. Trustee Sanders Romano questioned the hours of construction. Deputy Mayor Feinstein noted that the Village's Code clearly lays out the hours that construction is permitted, and the applicant would be required to follow the Code. It was noted that the Planning Board requested that at least three (3) additional parking spaces be added for visitor parking. Trustee Rosenberg noted that grasscrete was also discussed for areas of the parking lot. The three (3) additional spaces will be constructed from grasscrete. Another issued addressed by the Planning Board was that during a snow storm that the snow plowed be stored on the property. Mr. Ryan noted that the location that the snow would be stored would be indicated on the site plan. Trustee Rosenberg questioned whose responsibility it would be to maintain the steep slopes and wetlands on the property. Mr. Ryan responded that would be the responsibility of the homeowners, and he pointed out that there are strict guidelines to be followed. Mr. Bradbury noted that the FEIS is posted on the Village's website for anyone who was interested in additional information on this project. Trustee Rosenberg asked for a brief presentation on storm water runoff and water retention. Mr. Ryan stated that there would be an underground storage detention system. Also proposed is an infiltration system, and a Board of Trustees Meeting December 12, 2006 Page 13 pre-treatment system. Mr. Ryan reminded the Board that these plans were reviewed by the Village's Consultant, Mr. Dolph Rotfeld. Trustee Rosenberg stated that the City of Rye has submitted a letter of opposition because of flooding issues. As everyone is aware, there have been flooding issues in Rye and Rye Brook over the past ten years. Mr. Ryan responded that these areas have been studied. The applicant did an investigation and found that the development of the strip would not change the storm water runoff. In addition, the reduction of development of peninsula has lessened the possibility of flooding. Trustee Rosenberg questioned if there was an accident and someone drowned where the responsibility would lie. Mr. Ryan responded that the homeowners association would have insurance in place. Mr. Bradbury stated that responsibility must be made very clear. Deputy Mayor Feinstein asked that Mr. Beane read the amendment to the resolution regarding the issuance of a no further action letter to be submitted by the DEC. Mr. Beane read the statement as amended. He noted that the applicant would provide the Village with a five-year warranty from the date of the conveyance of the parklands. Mr. Konigsberg noted that he had no problem with giving the Village the guarantee that it requested, but reminded everyone that the entire site had been thoroughly tested. Mr. Beane stated that the language would be very clear that the warranty covers pre-existing ground contamination and not additional contamination. Mr. Ken Heller of Lincoln Avenue addressed the Board. He noted that he had a discussion with the applicant regarding the fact that the water on this property becomes totally stagnate during the summer. He suggested that some thought be given on ways to keep the water turned over. Mr. Heller noted that the property being donated to the Village would be utilized as parkland. This park will be opened to the public and he wanted to know where residents would be able to park their vehicles. He also requested additional information on the proposed parkland. The response was that there would an area for parking, and that the parkland would consist of walking trails and benches. It was noted that there were still lot of issues to be discussed before the property was conveyed to the Village. Board of Trustees Meeting December 12, 2006 Page 14 On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted. 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 Mayor Rand called for the next item on the agenda: 5) SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 179 AND CREATE CHAPTER 64 OF THE VILLAGE CODE REQUIRING MINIMUM TRAINING FOR PLANNING BOARD AND ZONING BOARD OF APPEALS MEMBERS. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED LOCAL LAW TO AMEND CHAPTER 179 AND CREATE CHAPTER 64 OF THE VILLAGE CODE REQUIRING MINIMUM TRAINING FOR PLANNING BOARD AND ZONING BOARD OF APPEALS MEMBERS WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 179, Section 2 and create Chapter 64, Section 2.1 of the Village of Rye Brook Code regarding compulsory continuing education. NOW, THEREFORE BE IT 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. Board of Trustees Meeting December 12, 2006 Page 15 Trustee Sanders Romano noted that everyone is either a new member or a returning member, and the wording should be corrected to reflect this. She then began a brief discussion regarding the timing of the courses to be taken. Mr. Bradbury noted that New York State laws have changed to require training for Zoning and Planning Board members. In order to be re- appointed to either Board the member must have a minimum of four hours of training. On a motion made by Trustee Sanders Romano, and seconded by Trustee Brown, the resolution was adopted as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 6) SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO CHAPTER 91 OF THE VILLAGE CODE REGARDING BUILDING PERMIT EXEMPTIONS. Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSED AMENDMENT TO CHAPTER 91 OF THE VILLAGE CODE REGARDING BUILDING PERMIT EXEMPTIONS WHEREAS, the Board of Trustees introduced a local law proposing to amend Chapter 91, Section 2 of the Village of Rye Brook Code regarding building permit exemptions. NOW, THEREFORE BE IT 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. Board of Trustees Meeting December 12, 2006 Page 16 Mr. Bradbury noted that this local law would remove the requirement for a building permit for certain smaller sheds and windows that are being replaced but where the size of the opening was not being changed. These types of construction would be exempted. Trustee Rosenberg questioned what the Village's Code required for a setback requirement. He noted that a 5' setback was discussed at the Planning Board level. Mr. Bradbury noted that rear yard setbacks are different for each zoning district in the Village. The goal is to ensure that the sheds are not constructed on the property line, or in the middle of a rear yard. Deputy Mayor Feinstein reminded the Board that this resolution simply sets the date for the public hearing. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, the resolution was adopted, as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE 7) AWARDING OF BID #06-07, PINE RIDGE PARK SITE ALTERATIONS PROJECT. Mr. Bradbury read the following resolution: RESOLUTION AWARDING CONTRACT #06-07 PINE RIDGE PARK SITE ALTERATIONS PROJECT WHEREAS, The Village of Rye Brook has solicited bids for contract 06-07 "Pine Ridge Park Site Alterations Project;" and WHEREAS, a public notice was duly advertised in an official newspaper of the Village of Rye Brook on November 19, 2006; and WHEREAS, at 10:00 a.m., Wednesday, December 6, 2006, all bids received were opened as summarized below; and Board of Trustees Meeting December 12, 2006 Page 17 Bidder Base Bid Alt. 1 Alt 2 Total Bid Bond/Check 1.Carino Management INC. $50,000 $25,000 $13,000 $88,000 Yes 2.DeRosa Tennis $67,468 $18,500 $13,500 $99,498 Yes 3. Custom Clay $67,500 $15,000 $10,000 $92,500 Yes 4.Lapoma Sitework and Structure,INC. $71,000 $17,000 $15,000 $103,000 Yes 5.ELQ Industries,INC. $89,178 $18,393 $11,047 $118,618 Yes 6.Ascape Landscape Construction Corp. $105,393 $19,850 $8,950 $134,193 Yes 7.NAC Industries,INC $169,000 $25,000 $15,000 $209,000 Yes WHEREAS, the Village has received a letter dated December 7, 2006 from Carino Management requesting withdrawal of their bid due to a mathematical error; and WHEREAS, HMH Site & Sports Design, project architect, has reviewed the bid results and determined that the lowest responsible bidder meeting the requirements of the base bid of the contract documents is DeRosa Tennis. NOW THEREFORE BE IT RESOLVED, the Village Board hereby accepts the request of Carino Management to withdraw their bid; and be it FURTHER RESOLVED, that contract #06-07 "Pine Ridge Park Site Alterations Project" is hereby awarded to DeRosa Tennis for their base bid price of$67,468; 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 December 12, 2006 Page 18 Mr. Bradbury reviewed the bids for the Board, noting that they were not that far apart. He noted that much of the work involves the re-construction of the ball field. The drainage and the sprinkler system will be installed into the ball field. He pointed out that alternatives were also priced. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, 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 8) APPROVING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF RYE BROOK FOR PRISONER TRANSPORTATION. Mr. Bradbury read the following resolution: RESOLUTION APPROVING AN INTERMUNICIPAL AGREEMENT WITH WESTCHESTER COUNTY AND THE VILLAGE OF THE BROOK FOR PRISONER TRANSPORTATION RESOLVED, that the Village of Rye brook is authorized to enter into an intermunicipal agreement with Westchester County for prisoner transportation, for the period of January 1, 2007 to December 31, 2008 as follows: (1/1/07-12/31/07) $150.39 per round trip (1/1/08-12/31/08) $168.70 per round trip; 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. On a motion by Trustee Feinstein, and seconded by Trustee Romano Sanders, the resolution was adopted. Board of Trustees Meeting December 12, 2006 Page 19 TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE 9) CONSIDERING THE DESIGNATION OF THE VILLAGE OF RYE BROOK AS A GREENWAY COMMUNITY. Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING THE DESIGNATION OF THE VILLAGE OF RYE BROOK AS A GREENWAY COMMUNITY WHEREAS, the Hudson River Valley Greenway Act, (hereinafter, the "Greenway Act") Chapter 748 of the Laws of 1991, has as a legislative goal the establishment of the Greenway Compact, a process for voluntary regional cooperation and decision-making among the communities of the Hudson River Valley, and WHEREAS, the process and programs that will comprise the Compact are under development, and WHEREAS, communities may participate in the initiation and implementation of the compact process, and WHEREAS, the Village of Rye Brook is situated in the Greenway area as it was officially designated in the Greenway Act, and WHEREAS, the Greenway Act permits the Hudson River Valley Greenway Communities Council (hereinafter the "Council"), and the Greenway Conservancy for the Hudson River Valley, Inc. (hereinafter the "Conservancy") to assist communities in developing local planning and projects related to the five criteria contained in the Greenway Act: natural and cultural resource protection, regional planning, economic development Board of Trustees Meeting December 12, 2006 Page 20 (including tourism, agriculture and urban redevelopment), enhancing public access to the Hudson River and heritage and environmental education, and WHEREAS, communities can become eligible to receive technical and financial assistance from the Greenway, and WHEREAS, community participation in the Greenway planning process is voluntary, and WHEREAS, the Greenway Act does not supersede or change the powers that the State has previously granted municipal governments under the New York State Constitution, the Municipal Home Rule Law or pursuant to the various municipal enabling acts, and NOW THEREFORE BE IT RESOLVED, that the Board of Trustees supports the criteria contained in the Greenway Act and the process by which the Compact will be achieved, and endorses the designation of the Village of Rye Brook by the Greenway Council and Conservancy as a Greenway Community. There was no discussion on this matter. On a motion made by Trustee Sanders Romano, and seconded by Trustee Rosenberg, 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 the resolution in connection with Budget Modifications. 10) CONSIDERING BUDGET MODIFICATIONS FOR PUBLIC WORKS. Mr. Bradbury read the following resolution: Board of Trustees Meeting December 12, 2006 Page 21 RESOLUTION BUDGET MODIFICATIONS RESOLVED, that the following budget modifications be hereby approved: FROM TO AMOUNT 101.1990.424 101.3620.189 $ 8,000 (Contingency) (Safety Inspection— Overtime) 101.1990.424 101.5110.189 $ 25,000 (Contingency) (Highway Maint— Overtime) Mayor Rand noted that the public works department did a terrific job last year on snow removal, and an excellent job on leaf collection. On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, 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 11) APPROVAL OF MEETING MINUTES: September 26, 2006; October 10, 2006, October 24; November 14, 2006 On a motion made by Trustee Sanders Romano, and seconded by Trustee Feinstein, the minutes were approved as amended. TRUSTEE BROWN VOTING AYE TRUSTEE FEINSTEIN VOTING AYE TRUSTEE ROSENBERG VOTING AYE TRUSTEE SANDERS ROMANO VOTING AYE MAYOR RAND VOTING AYE Board of Trustees Meeting December 12, 2006 Page 22 ADMIISTRATOR'S REPORT: Mr. Bradbury began his report by noting that the ball field project is almost complete. There are just a few minor details to be finished up. Mr. Bradbury noted that the leaf program is basically over. The residents did a great job of putting out the leaves, and keeping the piles uncontaminated. It is now time for residents to place the leaves in paper bags, or cans, for pick up. The Village of Rye Brook Village Board has been invited to a joint meeting of the Port Chester Library Board and Port Chester Village Board on January 17, 2007. There will be a facilitator in attendance to help with the negotiations. Mayor Rand reminded everyone that by resolution the meeting of the 191' of December was cancelled. He also noted that Rye Brook and Greenwich have been discussing the King Street interchange and the proposals that have resulted from the meetings held will be presented to the New York State Department of Transportation. Mayor Rand called for members of the public wishing to address the Board. There being no one, the last meeting of 2006 was adjourned at 10:02 p.m. Mayor Rand wished everyone a Happy and Safe Holiday Season. Board of Trustees Meeting December 12, 2006 Page 23